Page Contents
Key Contacts
Related Services
The announcement was easy. The challenge is turning this newsworthy event and undefined concept into a practical diplomatic, political and legal reality.
Legally, Canada is ineligible to be a full EU member. Article 49 of the Treaty on European Union sets out EU membership criteria. The article refers to “any European State…”. Canada would probably qualify under every other criterion in the treaty but geography is an obstacle. Member States could unanimously agree to remove the word “European” - that may happen but not soon.
Indeed, Canada does not want full EU membership. Mark Carney’s “middle powers” speech in Davos on 20 January 2026, entitled “Principled and Pragmatic: Canada’s Path” demonstrates that Canada wants to multi-align globally and not rely on one partner. Around two-thirds of Canadian exports go to the USA meaning that Canada now feels exposed. Memorably, Carney said in Davos: “middle powers must act together because if we're not at the table, we're on the menu."
Carney’s visits this year - France, China, Qatar, Switzerland, India, Australia, Japan, Norway, UK, Italy, Armenia, the US, Ireland, Turkey and Saudi Arabia - demonstrate the outward strategy of deepening diversity. He has nine more 2026 trips planned including a second to China and a fifth to France. As attractive as EU membership is, Carney’s Canada is unlikely to limit itself to a single strong relationship.
One could imagine the EU and Canada having a Comprehensive Economic and Trade Agreement (CETA) and a Digital Trade Agreement (DTA) - but both are already in train. CETA demonstrates how cooperation is easy to announce but challenging to accomplish. Negotiations were preceded by a study in 2007 and only commenced in 2009. The agreement only entered into force provisionally in 2017 and is still not in full force. The 1634-page CETA took seven years to negotiate and then took 16 months to translate into all 24 EU languages. “Mind the gap” between “announcement” and “implementation”!
So, what is “associate membership”?
It could mean attending European Council and Council meetings. This has been a growing trend with UK and Ukrainian politicians. That is practical and significant but awkward when the Member States want to discuss matters without the associate – messy among friends.
European Parliament membership is unlikely. Canada would be the fifth most populous State – behind Spain and ahead of Poland - it would have around 55 seats. But this is unlikely. Parliament’s role in law-making means that an associate could not vote – it would be voting for laws imposed on others but not itself. Observer status and participation in some Parliamentary forums would be possible – needs more careful delineation.
European Commission membership would also problematic. Commissioners are not representing the Member States which nominated them but swear an oath to uphold the EU’s interests. It would be impractical for a Canadian representative to “sit in” on Commission deliberations because the representative would be representing Canada rather than the EU’s interest. Moreover, Canada could be a party to the Commission’s inner workings and deliberations without being a full EU member.
“All areas access” for Canada is problematical for the EU if Canada is simultaneously forging deep relationships elsewhere; sometimes, a State cannot be ‘best friends forever’ with everyone. It may be cohabitation but it isn’t monogamy.
Canada would be the sixth biggest exporter and a superb EU member but full membership is irrelevant for now and associate membership is challenging. If the EU makes associateship very attractive then some prospective (or even current) EU Member States may prefer it rather than full membership. Countries like Iceland, Norway and the UK are watching this debate closely. Already, the EU is hinting that it is not available to European states.
But associateship is mutually beneficial for Canada and the EU. The parties are therefore working on defining it. But it is difficult. Associate membership isn’t just for Christmas. States join the EU on a permanent basis so associateship needs to be solid.
The challenge is to put flesh on the bones. It would probably involve listing the ways a non-Member State could participate in the EU’s deliberations and debates but not its decision-making.
The EU must not annoy those European States which have been in the queue to join the EU for years, or the likes of Norway, Iceland and Liechtenstein (the EEA) which makes substantial financial contributions to EU programmes.
It is not beyond the imagination and skill of the EU and Canada to devise an associateship regime. This epitomises the EU growth model: devise and develop a plan on the back of a crisis and a challenge. Something will come of it, just no one knows yet quite what.
For now, Canada is scheduled to be in the Eurovision song contest in Burgas in Bulgaria in 2027. That does not guarantee EU membership but it is another shift in the ongoing continental drift drawing Canada and Europe closer together. Douze points for EU imagination, now write the lyrics!
Dr Vincent Power SC, Partner, EU, Competition Law at A&L Goodbody. He has delivered the EU Law course at Schulich School of Law, Dalhousie University in Canada since 2007.
Date published: 29 September 2026
