The Library of Parliament blog HillNotes has published a brief overview of the process for Ratifying and Implementing Trade and Investment Treaties in Canada
"Under Canada’s constitutional system, the conduct of foreign affairs is a royal prerogative power of the federal Crown."
"Consequently, the Executive Branch has the exclusive power to
negotiate and conclude international treaties. Parliament has the
exclusive power to enact legislation to implement those treaties."
"As Canada continues to enter into such treaties, a number of important questions arise:
- What is the interaction between Canadian and international law in
the treaty-making and implementation processes, particularly in relation
to trade and investment?
- What measures must the Executive and Legislative branches take so that these treaties can come into force?
- What formal role do the provinces and territories play in the
negotiation, ratification and implementation of trade and investment
Labels: constitutional law, Library of Parliament, trade law, treaties