Welcome to the Treaty Law Division

The Treaty Law Division of the Department of Foreign Affairs, Trade and Development (Global Affairs Canada) is part of the Department’s International Law Bureau.

The principal functions of the Treaty Law Division are, on the one hand, to provide legal advice, both within the Department and to other government departments, on the international law of treaties and, on the other hand, to take care of the actual application of Canada’s treaty-making activities.

In its first role, the Treaty Law Division gives legal advice on the interpretation and application of the international law of treaties and on the drafting of treaties (as well as on the drafting of arrangements not intended to give rise to binding obligations under international law).

In its second role, the Treaty Law Division is responsible for the actual procedures relating to the making of treaties. This includes ensuring that the form of international treaties to be entered into by Canada conforms both to the principles of international law and to Canadian practices. It also includes responsibility for the preparation of the formal instruments relating to the signature or ratification of international treaties (including the treaty texts themselves, instruments of full powers, instruments of ratification and accession). The Treaty Law Division safeguards the original text or a certified copy of treaties signed or ratified by Canada. It also maintains a registry of non-treaty arrangements or memoranda of understanding (MOUs) signed by the Government of Canada and federal government departments and agencies.

The Treaty Law Division is also responsible for ensuring the tabling of treaties in the House of Commons pursuant to the Policy on Tabling of Treaties in Parliament. It is further responsible for publishing on an annual basis, in the Canada Treaty Series, the texts of those treaties that have entered into force for Canada, as well as for registering these treaties with the United Nations, in accordance with Article 102 of the United Nations Charter.

In the few cases where Canada has been designated as a depositary for a treaty, the Treaty Law Division carries out the obligations that role entails. These include providing certified copies of the text of the treaty to each of its signatories, receiving instruments of ratification or accession from States becoming parties to the treaty and ensuring that they are in good and due form, and informing each individual party or signatory government through diplomatic channels of any ratifications or accessions.

One of the most important functions of the Treaty Law Division is the maintenance of up-to-date records of all pertinent information relating to the status of treaties affecting Canada. For every treaty to which Canada is or has been a party, records are maintained containing particulars with respect to the date and place of signature, the date of tabling in Parliament, the dates of ratification or accession, entry into force and termination, the treaty’s relation to other treaties, any implementing legislation that may be required, and references to published texts. Some of this information is made available online to the public. The maintenance of these records involves continuous collection and management of data.