Canada–Indonesia Comprehensive Economic Partnership Agreement Implementation Act

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Sections90

• 1Short title

  This Act may be cited as the Canada–Indonesia Comprehensive Economic Partnership Agreement Implementation Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Agreement means the Comprehensive Economic Partnership Agreement between Canada and Indonesia, done at Ottawa on September 24, 2025. (Accord)

• 2[p3]

  Committee means the Joint Committee established under Article 23.1 of the Agreement. (Comité)

• 2[p4]

  federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)

• 2[p5]

  Minister means the Minister for International Trade. (ministre)

• 3Interpretation consistent with Agreement

  For greater certainty, this Act and any federal law that implements a provision of the Agreement or that allows the Government of Canada to meet an obligation under the Agreement is to be interpreted in a manner consistent with the Agreement.

• 4Non-application of Act and Agreement to water

  For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.

• 5Construction

  For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation that implements any provision of the Agreement or that allows the Government of Canada to meet an obligation under the Agreement.

• 6Binding on His Majesty

  This Act is binding on His Majesty in right of Canada.

• 7Purpose

  The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

• 7(a)

  establish a free trade area in accordance with the Agreement;

• 7(b)

  promote, through the expansion of reciprocal trade, the harmonious development of economic relations between Canada and Indonesia in order to create opportunities for economic growth;

• 7(c)

  provide for a predictable framework for business planning and investment;

• 7(d)

  promote fair competition in trade between Canada and Indonesia;

• 7(e)

  substantially increase investment opportunities in Canada and Indonesia, while preserving the right of each party to the Agreement to regulate to achieve legitimate policy goals;

• 7(f)

  reduce or eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of trade;

• 7(g)

  seek to ensure that the benefits and opportunities created by the Agreement are widely shared;

• 7(h)

  support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement;

• 7(i)

  promote environmental protection, including through effective enforcement of environmental laws, mutually supportive trade and environmental policies and practices, and strengthened environmental cooperation between Canada and Indonesia;

• 7(j)

  promote the protection and enforcement of labour rights and the improvement of working conditions;

• 7(k)

  encourage enterprises operating within Canada or Indonesia or subject to their jurisdiction to respect internationally recognized corporate social responsibility and responsible business conduct standards and principles;

• 7(l)

  promote sustainable development;

• 7(m)

  promote transparency, good governance and the rule of law, while strengthening commitments to combat bribery and corruption in trade and investment;

• 7(n)

  recognize the importance of increased engagement by Indigenous Peoples in trade and investment and facilitate such engagement; and

• 7(o)

  recognize the right of the parties to the Agreement to adopt or maintain measures with respect to cultural industries in accordance with the rights and obligations provided for in the Agreement.

• 8Causes of action
• 8(1)

  No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 11 to 14 or an order made under section 15.

• 8(2)Causes of action under Agreement

  Subject to Articles 10.24 and 13.22 to 13.43 of the Agreement, no person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.

• 9Agreement approved

  The Agreement is approved.

• 10Canadian representative on Committee

  The Minister is the principal representative of Canada on the Committee.

• 11Payment of expenditures

  The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Committee.

• 12Powers of Minister
• 12(1)

  The Minister may

• 12(1)(a)

  subject to subsections (2) to (4), appoint representatives of Canada to any panel, committee, subcommittee, working group, expert group or other subsidiary body referred to in Chapter 23 or 24 of the Agreement;

• 12(1)(b)

  appoint a panellist in accordance with Article 24.8 of the Agreement; and

• 12(1)(c)

  propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Agreement.

• 12(2)Power of Minister of the Environment

  The Minister of the Environment may, with the concurrence of the Minister, appoint representatives of Canada to the Environment Sub-Committee established under Article 17.21 of the Agreement.

• 12(3)Power of Minister of Labour

  The Minister of Labour may, with the concurrence of the Minister, appoint representatives of Canada to the Labour Council established under Article 17.32 of the Agreement.

• 12(4)Power of Minister — Article 17.47 of Agreement

  The Minister may, with the concurrence of the Minister of the Environment and the Minister of Labour, appoint representatives of Canada to the Committee on Trade and Sustainable Development established under Article 17.47 of the Agreement.

• 12(5)Delegation

  The Minister may delegate the Minister’s powers, duties or functions under any of subsections (1) to (4) to any officer of the Department of Foreign Affairs, Trade and Development.

• 13Administrative support

  The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 24 of the Agreement and to provide administrative assistance to panels referred to in that Chapter.

• 14Payment of costs

  The Government of Canada is to pay the costs of or its appropriate share of the costs of

• 14(a)

  the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other subsidiary bodies, to independent experts and to the assistants of panel members; and

• 14(b)

  the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other subsidiary bodies.

• 15Orders — Article 24.13 of Agreement
• 15(1)

  The Governor in Council may, for the purpose of suspending benefits in accordance with Article 24.13 of the Agreement, by order, do any of the following:

• 15(1)(a)

  suspend rights or privileges granted by Canada under the Agreement or any federal law to Indonesia, in respect of goods of Indonesia, to service suppliers or investors of Indonesia, or in respect of investments of investors of Indonesia;

• 15(1)(b)

  modify or suspend the application of any federal law in respect of Indonesia, goods of Indonesia, service suppliers or investors of Indonesia or investments of investors of Indonesia;

• 15(1)(c)

  extend the application of any federal law to Indonesia, goods of Indonesia, service suppliers or investors of Indonesia or investments of investors of Indonesia;

• 15(1)(d)

  take any other measure that the Governor in Council considers necessary.

• 15(2)Period of order

  Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

• 15.1Principles and guidelines
• 15.1(1)

  The Minister must ensure that Canadian companies operating in Indonesia comply with the principles and guidelines referred to in Article 22.15 of the Agreement.

• 15.1(2)Complaints process

  The Minister must establish a process for receiving and responding to complaints of non-compliance with those principles and guidelines.

• 15.1(3)Annual report

  On or before January 1 of each year starting in 2027, the Minister must prepare a report that summarizes the activities carried out in relation to the Minister’s obligations under this section.

• 15.1(4)Tabling of report

  The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 30 days on which that House is sitting after the report is completed.

• 15.2Review by committee
• 15.2(1)

  Within three years after the day on which this section comes into force, and every three years after that, a comprehensive review of the operation of this Act and of the Agreement, and of their effect, must be undertaken by a committee of the House of Commons that is designated or established by the House for that purpose.

• 15.2(2)Report on review

  The committee must, within six months after the completion of the review, submit to the House of Commons a report setting out its findings and recommendations.

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• *45Order in council

  This Act comes into force on a day to be fixed by order of the Governor in Council. [Note: Act not in force.]