Canada–Indonesia Comprehensive Economic Partnership Agreement Implementation Act (S.C. 2026, c. 8)

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Comprehensive Economic Partnership Agreement between Canada and Indonesia”.

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

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

Committee

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

federal law

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)

Minister

Minister means the Minister for International Trade. (ministre)

Marginal note:Interpretation consistent with Agreement

3 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.

Marginal note:Non-application of Act and Agreement to water

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

Marginal note:Construction

5 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.

His Majesty

Marginal note:Binding on His Majesty

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

Purpose

Marginal note:Purpose

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

• (a) establish a free trade area in accordance with the Agreement;

• (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;

• (c) provide for a predictable framework for business planning and investment;

• (d) promote fair competition in trade between Canada and Indonesia;

• (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;

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

• (g) seek to ensure that the benefits and opportunities created by the Agreement are widely shared;

• (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;

• (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;

• (j) promote the protection and enforcement of labour rights and the improvement of working conditions;

• (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;

• (l) promote sustainable development;

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

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

• (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.

Causes of Action

Marginal note:Causes 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.

• Marginal note:Causes of action under Agreement

  (2) 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.

Approval

Marginal note:Agreement approved

9 The Agreement is approved.

Administrative and Institutional Provisions

Marginal note:Canadian representative on Committee

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

Marginal note:Payment of expenditures

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

Marginal note:Powers of Minister

• 12 (1) The Minister may

  • (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;

  • (b) appoint a panellist in accordance with Article 24.8 of the Agreement; and

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

• Marginal note:Power of Minister of the Environment

  (2) 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.

• Marginal note:Power of Minister of Labour

  (3) 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.

• Marginal note:Power of Minister — Article 17.47 of Agreement

  (4) 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.

• Marginal note:Delegation

  (5) 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.

Marginal note:Administrative support

13 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.

Marginal note:Payment of costs

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

• (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

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

Orders

Marginal note:Orders — 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:

  • (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;

  • (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;

  • (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;

  • (d) take any other measure that the Governor in Council considers necessary.

• Marginal note:Period of order

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

Compliance with Principles and Guidelines — Canadian Companies

Marginal note:Principles 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.

• Marginal note:Complaints process

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

• Marginal note:Annual report

  (3) 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.

• Marginal note:Tabling of report

  (4) 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.

Review and Report

Marginal note:Review 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.

• Marginal note:Report on review

  (2) 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.

Related Amendments

R.S., c. F-11Financial Administration Act

16 Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:

R.S., c. 28 (1st Supp.)Investment Canada Act

17 The schedule to the Investment Canada Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of section 2 of the Canada–Indonesia Comprehensive Economic Partnership Agreement Implementation Act” and a corresponding reference to “Article 1.5” in column 2.

R.S., c. 1 (2nd Supp.)Customs Act

18 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:

19 Subsection 35.1(3.1) of the Act is replaced by the following:

• 20 (1) Subsection 97.1(1.1) of the Act is replaced by the following:

  • Marginal note:Certificate of Origin — CPTPP, CUSMA or CICEPA

    (1.1) If an exporter or producer of goods that are exported to a CPTPP country, a CUSMA country or Indonesia and for which preferential tariff treatment under the CPTPP, CUSMA or CICEPA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, CUSMA or CICEPA, the exporter or producer shall do so in writing, in the prescribed form with the prescribed information, and

    • (a) in the case of an exporter, on the basis of supporting information that the exporter has or by relying on supporting information that the producer has; and

    • (b) in the case of a producer, on the basis of supporting information that the producer has.

• (2) Subsection 97.1(3) of the English version of the Act is replaced by the following:

  • Marginal note:Notification of correct information

    (3) A person who has completed and signed a certificate in accordance with subsection (1) or (1.1) and who has reason to believe that it contains incorrect information shall immediately notify each person and each country or authority to whom the certificate was given of the correct information.

21 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Indonesia” in column 1, a corresponding reference to “CICEPA” in column 2 and a corresponding reference to “Indonesia Tariff rates of customs duty under the Customs Tariff” in column 3.

22 Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CICEPA” in column 1 and a corresponding reference to “paragraph 4 of Article 3.25” in column 2.

23 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Indonesia” in column 1 and a corresponding reference to “subparagraphs 1(a), (c) and (d) of Article 4.8 of CICEPA” in column 2.

24 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Indonesia” in column 1 and a corresponding reference to “CICEPA” in column 2.

25 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CICEPA” in column 1 and a corresponding reference to “Chapters 3 and 4” in column 2.

R.S., c. 17 (2nd Supp.)Commercial Arbitration Act

26 Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 13.25” and a corresponding reference to “Comprehensive Economic Partnership Agreement between Canada and Indonesia, done at Ottawa on September 24, 2025” in column 2.

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

• 27 (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.5):

  • Marginal note:Definition of Indonesia Tariff

    (4.6) In this Act, Indonesia Tariff means the rates of customs duty referred to in section 49.71 of the Customs Tariff.

• (2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Indonesia” in the list of countries.