Entry Date for Canada–Ukraine Free Trade Agreement

Summary#

This is the Order Fixing the Date of Entry into Force of the Free Trade Agreement between Canada and Ukraine as the Day on Which the Canada–Ukraine Free Trade Agreement Implementation Act, 2023 Comes into Force: SI/2024-16. It says the modernized Canada–Ukraine free trade agreement will enter into force on the same day that the Canada–Ukraine Free Trade Agreement Implementation Act, 2023 comes into force, except for a list of specific subsections that will come into force on the sixth anniversary of that day. The Order was registered on May 8, 2024 (published in the Canada Gazette, Part II).

What it does#

• Fixes the entry-into-force rule: the modernized Free Trade Agreement between Canada and Ukraine becomes effective on the day the Canada–Ukraine Free Trade Agreement Implementation Act, 2023 comes into force.
• Exempts certain parts from immediate effect: subsections 19(3), 20(2) and (4), 21(2), 22(2), 23(2), 24(2), 25(2) and 26(2) will come into force on the sixth anniversary of the day fixed by this Order.
• Brings into effect the domestic rules needed to operate the modernized agreement, including matters such as Canada’s representation on the agreement’s governing bodies and steps to ensure responsible business conduct by Canadian companies in Ukraine.
• Allows Canada to complete its domestic steps so it can notify Ukraine that it has finished its internal processes and thus enable the agreement to enter into force internationally.
• Repeals the older implementing law for the 2017 Canada–Ukraine agreement (so the 2017 implementing Act no longer applies once these changes take effect).

Who's affected#

• Canadian exporters, investors and service providers who trade with or invest in Ukraine.
• Businesses that bid on government procurement, provide financial or telecommunications services, or rely on rules of origin and digital trade.
• Small and medium-sized enterprises and Indigenous businesses included in new chapters of the modernized agreement.
• Legal and arbitration professionals who handle cross-border investment and trade disputes.
• Global Affairs Canada and the Minister for International Trade, who will carry out parts of the agreement’s administration.
• If it is unclear: the Order fixes timing rather than adding new obligations itself; the exact practical effects for specific firms or sectors depend on the full implementing Act and the agreement’s text.

Why it matters#

• This Order is an administrative but necessary step to make the modernized Canada–Ukraine trade rules effective in Canada once the implementing Act is brought into force.
• The modernized agreement updates and expands trade rules in areas such as investment, services, procurement, digital trade, and supports issues like trade and Indigenous peoples, SMEs, and gender. That can mean new market access, investment protection, and clearer rules for companies operating between the two countries.
• Some transitional or special provisions are delayed until the sixth anniversary, so not all changes take effect immediately.
• Once domestic steps are complete, Canada can notify Ukraine and the two countries can bring the agreement into force at the international level.