Bill C-228 Foreign Affairs, Trade, Treaties
C-228 An Act to Amend the Department of Foreign Affairs, Trade and Development Act (Prior Review of Treaties by Parliament)
Bill Type: Private Member’s Bill
Bill Sponsor: Mario Simard (Jonquière)
Status: Defeated — Second Reading, January 28, 2026.
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WHO GAINS POWER
- Parliament gains the right to review and advise on major treaties before they are ratified — currently the executive can ratify treaties with no parliamentary input required
- Canadians gain transparency — treaties must be tabled with a detailed explanatory memorandum including cost estimates, obligations, reservations and implementation requirements
- The House of Commons gains a formal committee review process for major treaties covering trade, investment, territorial jurisdiction, sanctions and international institutions
- The public gains access — treaties must be published on the Department's website within seven days of ratification and in the Canada Gazette within 21 days
WHO LOSES POWER
- The Minister of Foreign Affairs loses the ability to ratify treaties without first tabling them in the House of Commons for at least 21 sitting days
- The Executive loses unilateral control over major treaty ratification — parliamentary advice is required before ratification, though not a binding vote
- The Governor in Council retains an emergency exemption — but must table reasons publicly after the fact
WHO GAINS MONEY
- No direct financial provisions in this Bill
WHO LOSES MONEY
- No direct financial provisions in this Bill
THE CATCH
- ⚠️ This Bill was defeated at second reading — it never made it to committee. The House voted it down before substantive debate on its provisions
- ⚠️ Parliamentary advice is required — but not a binding vote — the Minister must obtain the advice of the House on major treaties but is not legally required to follow it. Ratification remains an executive power
- ⚠️ "Exceptional circumstances" is undefined — the Governor in Council can exempt the Minister from all tabling requirements by order, with no definition of what qualifies as exceptional. The exemption could swallow the rule
- ⚠️ "Major treaty" is broadly defined — any treaty touching trade, investment, international institutions, territorial jurisdiction or financial obligations qualifies. This would capture a very large number of international agreements
- ⚠️ 21 sitting days is the minimum window — Parliament sits roughly 135 days per year. 21 sitting days is approximately six to eight weeks, which may be insufficient for complex trade or security treaties
- ⚠️ No consequence for non-compliance is included — if the Minister ratifies a treaty without tabling it, there is no remedy, no penalty and no mechanism to invalidate the ratification