〈加拿大台灣關係架構法〉一讀草案：the Canada-Taiwan Relations Framework Act (Draft)

Second Session, Forty-third Parliament,

69-70 Elizabeth II, 2020-2021

HOUSE OF COMMONS OF CANADA

BILL C-315

 

An Act respecting a framework to strengthen Canada-Taiwan relations

FIRST READING, JUNE 17, 2021

Mr. Cooper

432118

SUMMARY

This enactment provides a framework for the strengthening of relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs.

Available on the House of Commons website at the following address:

www.ourcommons.ca

2nd Session, 43rd Parliament,

69-70 Elizabeth II, 2020-2021

HOUSE OF COMMONS OF CANADA

BILL C-315

An Act respecting a framework to strengthen Canada-Taiwan relations

Preamble（前言）

Whereas on October 13, 1970, the Government of Canada officially recognized the People’s Republic of China as the sole legitimate Government of China and took note of its claim that Taiwan is part of China;（認知中國的一中）

Whereas, at that time, the Government of Canada terminated diplomatic relations with the governing authorities of Taiwan, which Canada had, until that time, formally recognized as the Republic of China;（台灣治理當局＝前ROC）

Whereas the Government of Canada recognizes the importance of economic relations between Canada and Taiwan and the willingness of Taiwan to strengthen ties with Canada;

Whereas Canada recognizes the success of Taiwan as a leading democracy and economy in the Indo-Pacific region;

Whereas Taiwan is a member of the World Trade Organization;（WTO成員）

Whereas Taiwan maintains relations with several countries around the world, including diplomatic, economic, trade and cultural relations;（台灣各種對外關係）

And whereas Parliament wishes to adopt a framework for the strengthening of relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Canada-Taiwan Relations Framework Act.

 

Interpretation

Definitions（定義）

2 The following definitions apply in this Act.

law of Canada includes

(a) an Act of Parliament or a regulation, rule, order, by-law or ordinance made under an Act of Parliament; and（國會制訂法律或授權）

(b) an order or decision of a court of Canada. (loi fédérale) （法院命令、判決）

Taiwan includes, as the context may require, the islands of Taiwan, Penghu, Kinmen and Matsu, the people on those islands, any corporations and other entities and associations created or organized under the laws of those islands, the governing authorities of Taiwan recognized by Canada as the Republic of China before October 13, 1970, and any successor governing authorities, including any political subdivision, agency or instrumentality. (Taiwan)

 

Policy of Government of Canada

Declaration of policy（政策宣布）

3 (1) It is the policy of the Government of Canada to

(a) preserve and promote close relations between the people of Canada and the people of Taiwan, including in respect of economic, cultural and legal affairs;（密切關係：法律事務）

(b) conduct its foreign relations on the basis that peace and stability in the Indo-Pacific region are in the political, security and economic interests of Canada, and are matters of international concern;（和平穩定為基礎的外交關係）

(c) consider any effort to determine the future of Taiwan by other than peaceful means, or by boycotts or embargoes, to be a threat to the peace and security of the Indo-Pacific region and of grave concern to Canada; and（台灣前途和平決定）

(d) support the peaceful evolution of democratic political institutions in the Indo-Pacific region.（和平的民主發展）

International cooperation（國際合作）

(2) For the purposes of furthering international cooperation, it is also the policy of the Government of Canada to

(a) support the participation of Taiwan in multilateral international organizations, including the World Health Organization and the International Civil Aviation Organization, and encourage other states and non-governmental organizations to support this goal so that Taiwan may play a role that is commensurate with its position in the Indo-Pacific region;（台灣國際參與）

(b) exempt the president or senior government officials of Taiwan from the requirement to obtain the visa required under the Immigration and Refugee Protection Act when the primary purpose of their visit to Canada is not official; and（豁免台灣高官移民與難民保護法）

為促進國際合作，加拿大政府的政策也是免除台灣總統或高級政府官員到加拿大之主要訪問目的不是官方性質時獲得《移民和難民保護法》規定的簽證的要求；

(c) permit the office of the representative of the Government of Taiwan in Canada to be referred to as the Taiwan Representative Office.（TRO：台灣代表處）

 

References, Property, Legal Capacity and Agreements

References to foreign states（有關「外國」）

4 A general reference in a law of Canada to foreign states or to their governments, including any institutions or agencies of those governments, is deemed to include Taiwan.（法律給外國政府的是適用台灣）

Property ownership protected（保護私有財產）

5 For all purposes under the laws of Canada, including an action in any court in Canada, formal recognition of the People’s Republic of China does not affect the ownership of, or other rights or interests in, any real, personal, movable or immovable property, including intellectual property and any other thing of value, owned or held on or before October 13, 1970, or acquired or earned after that date by Taiwan or a citizen of Taiwan.（與中國外交承認後不抵觸先前或之後台灣或台灣人之私有財產）

Capacity to sue and be sued（具訴訟資格）

6 (1) Taiwan has the capacity to sue and be sued in a court in Canada in accordance with the laws of Canada, in particular the laws respecting the status of states, relations between states and immunity entitlements granted to states.（訴訟或被訴資格、主權豁免）

Capacity not affected（不受影響的能力）

(2) In an action in any court in Canada, the capacity referred to in subsection (1) is not abrogated, infringed, modified, denied or otherwise affected in any way by the absence of diplomatic relations with or formal recognition of Taiwan, or by the absence of any certificate that may usually be issued by the Government of Canada for the purposes of litigation. （無關台灣缺乏被承認之地位）

Intergovernmental agreements（跨政府協議）

7 It is acknowledged that, even in the absence of official diplomatic relations,（即便缺乏正式外交關係）

(a) Canada and Taiwan may enter into agreements with each other; and（雙方可以簽署協定）

(b) the laws of Canada respecting international agreements between states applies to such agreements. （有關國際協議之加國法律適用到台灣）

Condition of reciprocity（互惠條件）

8 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by regulation, restrict any right, power, immunity or capacity referred to in sections 5 to 7 if, in the opinion of the Governor in Council, they exceed those accorded to Canada or Canadian citizens by Taiwan. （總督可以調節授權）

 

Parliamentary Oversight

Committee review（委員會審查）

9 The standing committee of each House of Parliament that normally considers matters relating to foreign affairs or any other committee that that House may designate for the purposes of this section must, within one year after the day on which this Act comes into force and at any time afterwards that the committee considers necessary, review and report to the House on（兩院常設委員會審查年度報告）

(a) the implementation of the provisions of this Act; and（執行成果）

(b) the continuing relationship between Canada and Taiwan, including in respect of economic, cultural and legal affairs. （雙方持續關係）

Published under authority of the Speaker of the House of Commons

https://parl.ca/DocumentViewer/en/43-2/bill/C-315/first-reading