On September 7, 2017, the Canadian Governor-in-Council published in the Canada Gazette an Order-in-Council that effectively sets the date of the provisional implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) to be September 21, 2017. SI/2017–47 “Order fixing September 21, 2017 as the Day on which the Canada-European Union Comprehensive Economic and Trade Agreement Comes into Force” also states which provisions of the Canada-EU CETA will not be provisionally implemented.
On September 16, 2017, the European Union published its official notice in the in the Official Journal of the European Union. The Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part also sets the provisional implementation date of the Canada-EU CETA on September 21, 2017 and states which provisions of the Canada-EU CETA will not be provisionally implemented.
These official documents follow formal ratification by the European Union on February 15, 2017 and the Canadian Governor General formally ratifying the Canada-EU CETA on May 16, 2017 by granting Royal Assent to the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act. Ratification by each EU country is not necessary for provisional implementation. So far, only Denmark, the Czech Republic, Latvia, Malta, and Spain have ratified the full Canada-EU CETA. The EU considers the Canada-EU CETA to be a mixed agreement, meaning that the EU Parliament can ratify certain provisions and the EU member states must ratify certain provisions. The provisions that have not been provisionally implemented are the provisions that the EU member states must ratify. In other words, we are good to go for most of the Canada-EU CETA.
For more information about the Canada-EU CETA, please contact Cyndee Todgham Cherniak at 416-307-4168 or at firstname.lastname@example.org. More information is posted on the LexSage website.