C-414368Elizabeth II2019-2020An Act to implement the Agreement between Canada, the United States of America and the United Mexican StatesCanada–United States–Mexico Agreement Implementation ActCanada–United States–Mexico Agreement Implementation Act20201
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DEPUTY PRIME MINISTER AND MINISTER OF INTERGOVERNMENTAL AFFAIRS90908RECOMMENDATIONHer 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 Agreement between Canada, the United States of America and the United Mexican States”.SUMMARYThis enactment implements the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to that Agreement, done at Mexico City on December 10, 2019.The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 20 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement.Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement.Part 3 contains the coming into force provisions.TABLE OF PROVISIONSAn Act to implement the Agreement between Canada, the United States of America and the United Mexican StatesShort TitleCanada–United States–Mexico Agreement Implementation ActInterpretationDefinitionsInterpretation consistent with AgreementNon-application of Act and Agreement to waterConstructionHer MajestyBinding on Her MajestyPurposePurposeCauses of ActionCauses of action under sections 9 to 20Implementation of AgreementApproval, Designation of Minister and Representation on CommissionApprovalOrder designating MinisterCanadian representative on CommissionSecretariatContinuation of SecretariatContinuation of Canadian Section of SecretariatSecretaryStaffPanels and CommitteesPowers of MinisterLabour CouncilPowers of Minister of LabourExpensesPayment of expendituresOrdersArticle 31.19 of AgreementArticle 31-B.10 of Annex 31-B of AgreementRelated AmendmentsCanada Deposit Insurance Corporation ActCompetition ActCopyright ActCriminal CodeExcise Tax ActExport and Import Permits ActFertilizers ActFinancial Administration ActFood and Drugs ActCanada Grain ActImportation of Intoxicating Liquors ActSpecial Import Measures ActTrade-marks ActInvestment Canada ActCustoms ActCommercial Arbitration ActCanadian International Trade Tribunal ActBroadcasting ActTrust and Loan Companies ActBank ActInsurance Companies ActCustoms TariffPest Control Products ActCanadian Energy Regulator ActComing into ForceOrder in councilHer Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Canada–United States–Mexico Agreement Implementation Act.InterpretationDefinitionsThe following definitions apply in this section and sections 3 to 20.Agreement means the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019. (Accord)Commission means the Free Trade Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 30 of the Agreement. (Commission)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 for the purposes of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 10. (ministre)North American Free Trade Agreement means the North American Free Trade Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City, Ottawa and Washington, on December 17, 1992. (Accord de libre-échange nord-américain)Interpretation consistent with AgreementFor greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.Non-application of Act and Agreement to waterFor greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.ConstructionFor 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 to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.Her MajestyBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada.PurposePurposeThe principal purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are toreplace the North American Free Trade Agreement;establish a free trade area in accordance with the Agreement;further support mutually beneficial trade between the parties to the Agreement as well as their economic growth;preserve and expand regional trade and production by further incentivizing the production and sourcing of goods and materials in the territories of the parties to the Agreement;establish a clear, transparent, and predictable legal and commercial framework for business planning that supports further expansion of trade and investment, including in the online environment and in creative and innovative sectors;promote efficient and transparent customs procedures that reduce costs and ensure predictability for importers and exporters;recognize the right of the parties to the Agreement to regulate, in accordance with the rights and obligations provided for in the Agreement, in order to protect legitimate public welfare objectives;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;facilitate trade in goods and services between Canada and the other parties to the Agreement by preventing, identifying, and eliminating unnecessary technical barriers to trade, by enhancing transparency, and by promoting good regulatory practices;support the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement;promote high levels of environmental protection through, among other means, the effective enforcement of environmental laws, enhanced environmental cooperation and mutually supportive trade and environmental policies and practices;promote the protection and enforcement of labour rights and the improvement of working conditions;promote transparency, good governance and the rule of law, while eliminating bribery and corruption in trade and investment;recognize the importance of increased engagement by Indigenous peoples in trade and investment; andfacilitate women’s and men’s equal access to and ability to benefit from the opportunities created by the Agreement and support the conditions for women’s full participation in domestic, regional, and international trade and investment.Causes of ActionCauses of action under sections 9 to 20No 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 9 to 20 or an order made under any of those sections.Causes of action under AgreementNo 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.ExceptionSubsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Annex 14-C of the Agreement.Implementation of AgreementApproval, Designation of Minister and Representation on CommissionApprovalThe Agreement is approved.Order designating MinisterThe Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.Canadian representative on CommissionThe Minister is the principal representative of Canada on the Commission.SecretariatContinuation of SecretariatThe Secretariat established under paragraph 1 of Article 2002 of the North American Free Trade Agreement is continued as the Secretariat that is to be established under Article 30.6 of the Agreement.Continuation of Canadian Section of SecretariatThe Canadian Section of the Secretariat that is referred to in section 14 of the North American Free Trade Agreement Implementation Act is continued within the Department of Foreign Affairs, Trade and Development for the purpose of performing the functions set out in paragraph 3 of Article 30.6 of the Agreement.SecretaryThere is to be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act.DutiesThe Secretary is responsible for fulfilling the Section’s mandate. In doing so, the Secretary is to perform the functions set out in paragraph 3 of Article 30.6 of the Agreement.StaffOfficers and employees who are required for the proper conduct of the work of the Canadian Section of the Secretariat are to be appointed in accordance with the Public Service Employment Act.Panels and CommitteesPowers of MinisterThe Minister mayappoint a panellist in accordance with paragraphs 2 and 3 of Annex 10-B.1 of the Agreement or Article 31.9 of the Agreement;appoint a committee member in accordance with paragraph 1 of Annex 10-B.3 of the Agreement;propose the names of individuals for a roster referred to in Annex 10-B.1 or 10-B.3 of the Agreement or Article 31.8 of the Agreement; andpropose the names of individuals for the lists referred to in Article 31-B.3 of Annex 31-B of the Agreement.Labour CouncilPowers of Minister of LabourThe Minister of Labour may act as Canada’s senior governmental representative on the Labour Council referred to in Article 23.14 of the Agreement or may designate that representative.ExpensesPayment of expendituresThe Government of Canada is to pay its appropriate share of the aggregate ofany expenditures incurred by or on behalf of the Commission,the general expenses incurred by the committees, working groups and other subsidiary bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other subsidiary bodies,the general expenses incurred by the committee referred to in paragraph 1 of Annex 10-B.3 of the Agreement and the remuneration and expenses payable to the members of that committee, andthe expenses incurred by panels established under the Agreement and the remuneration and expenses payable to the panellists on those panels, and to any experts retained by those panels.OrdersArticle 31.19 of AgreementThe Governor in Council may, for the purpose of suspending benefits in accordance with Article 31.19 of the Agreement, by order, do any of the following:suspend rights or privileges granted by Canada to another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law;modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party;extend the application of any federal law to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; ortake any other measure that the Governor in Council considers necessary.Period of orderUnless repealed, an order made under subsection (1) has effect for the period specified in the order.Non-application — paragraph (1)(a)Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.Non-application — paragraph (1)(b)Paragraph (1)(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.Article 31-B.10 of Annex 31-B of AgreementOn the recommendation of the Minister, the Governor in Council may, for the purpose of imposing remedies in accordance with Article 31-B.10 of Annex 31-B of the Agreement, by order, do any of the following:suspend rights or privileges granted by Canada to another party to the Agreement or to service suppliers or goods of that party under the Agreement or any federal law;modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to service suppliers or goods of that party;extend the application of any federal law to a party to the Agreement other than Canada or to service suppliers or goods of that party; ortake any other measure that the Governor in Council considers necessary.ConsultationBefore making a recommendation to the Governor in Council, the Minister must consult the Minister of Finance if the proposed remedies includesuspending or withdrawing rights or privileges granted by Canada under the Customs Tariff;a measure described in paragraph 53(2)(b) or (d) of that Act; ora measure described in paragraph 53(2)(c) of that Act that is related to a measure referred to in paragraph (a) or (b) of this subsection.Period of orderUnless repealed, an order made under subsection (1) has effect for the period specified in the order.Retroactive effectAn order made under subsection (1) may, if it so provides, have retroactive effect.Non-application — paragraph (1)(a)Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.Non-application — paragraph (1)(b)Paragraph (1)(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.Related AmendmentsR.S., c. C-3Canada Deposit Insurance Corporation ActSection 18 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (3):Records retained outside CanadaWhere a member institution that is authorized to do so under the by-laws retains at a place outside Canada records referred to in the policy of deposit insurance, including for the purpose of any examination by or on behalf of the Corporation, the Corporation may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), direct the institution to maintain a copy of those records in Canada:if the Corporation is of the opinion that it does not have immediate, direct, complete and ongoing access to those records; orif the Corporation is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the institution not to maintain a copy of those records in Canada.By-lawsThe Board may make by-laws respecting:what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph (3.1)(a); andthe time within and manner in which a member institution is required to comply with a direction under subsection (3.1).Canada Deposit Insurance Corporation ActNew.R.S., c. C-34Competition ActSection 30.01 of the Competition Act is amended by adding the following after paragraph (c):the agreement contains one of the following undertakings by the foreign state:that any record or thing provided by Canada will be used only for the purpose for which it was requested, orthat any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters;Competition ActRelevant portion of section 30.01:Before Canada enters into an agreement, the Minister of Justice must be satisfied thatthe agreement contains the following undertakings by the foreign state, namely,that any record or thing provided by Canada will be used only for the purpose for which it was requested,subject to subparagraph (ii), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and2002, c. 16, s. 3The portion of paragraph 30.01(d) of the Act before subparagraph (i) is replaced by the following:the agreement also contains the following undertakings by the foreign state, namely,2002, c. 16, s. 3Subparagraph 30.01(d)(ii) of the Act is repealed.2002, c. 16, s. 3Subparagraph 30.01(d)(v) of the Act is replaced by the following:subject to paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, andR.S., c. C-42Copyright ActAmendments to the ActSection 2 of the Copyright Act is amended by adding the following in alphabetical order:Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)Copyright ActNew.1993, c. 44, s. 58Sections 6.1 and 6.2 of the Act are replaced by the following:Anonymous and pseudonymous worksExcept as provided in section 6.2 and in subsection (2), where the identity of the author of a work is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.Identity of author commonly knownWhere, during any term referred to in subsection (1), the author’s identity becomes commonly known, the term provided in section 6 applies.Anonymous and pseudonymous works of joint authorshipExcept as provided in subsection (2), where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.Identity of author commonly knownWhere, during any term referred to in subsection (1), the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 50 years following the end of that calendar year.Existing text of sections 6.1 and 6.2:Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, anda term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,but where, during that term, the author’s identity becomes commonly known, the term provided in section 6 applies.Where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, anda term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,but where, during that term, the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies, and a period of fifty years following the end of that calendar year.1993, c. 44, s. 60(1)Subsection 9(2) of the Act is replaced by the following:Nationals of other countriesAuthors who are nationals of any country, other than a country that is a party to the Canada–United States–Mexico Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada.Existing text of subsection 9(2):Authors who are nationals of any country, other than a country that is a party to the North American Free Trade Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada.1997, c. 24, s. 9(1)Section 11.1 of the Act is replaced by the following:Cinematographic worksExcept for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist until the end of 70 years following the end of the calendar year in which the cinematographic work or the compilation is made. However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the cinematographic work or the compilation was made.Existing text of section 11.1:Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsistfor the remainder of the calendar year of the first publication of the cinematographic work or of the compilation, and for a period of fifty years following the end of that calendar year; orif the cinematographic work or compilation is not published before the expiration of fifty years following the end of the calendar year of its making, for the remainder of that calendar year and for a period of fifty years following the end of that calendar year.2001, c. 27, s. 236Subsection 17(4) of the Act is replaced by the following:ExceptionIf so requested by a country that is a party to the Canada–United States–Mexico Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to that Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).Existing text of subsection 17(4):If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).1997, c. 24, s. 14; 2012, c. 20, s. 15(5)Subsections 20(3) and (4) of the Act are repealed.Existing text of subsections 20(3) and (4):If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the right to remuneration conferred by subsection 19(1.1) to performers or makers who are nationals of that country and whose sound recordings embody dramatic or literary works.Where a statement is published under subsection (3), section 19 appliesin respect of nationals of a country mentioned in that statement, as if they were citizens of Canada or, in the case of corporations, had their headquarters in Canada; andas if the fixations made for the purpose of their sound recordings had been made in Canada.2012, c. 20, s. 17; 2015, c. 36, s. 81(1)Paragraphs 23(1)(a) and (b) of the Act are replaced by the following:if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; andif a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.Relevant portion of subsection 23(1):Subject to this Act, copyright in a performer’s performance subsists until the end of 50 years after the end of the calendar year in which the performance occurs. However,if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 50 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; andif a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.2015, c. 36, s. 81(2)Subsection 23(1.1) of the Act is replaced by the following:Term of copyright — sound recordingSubject to this Act, copyright in a sound recording subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.Existing text of subsection 23(1.1):Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.Section 42 of the Act is amended by adding the following after subsection (3.1):Offence — infringement related to rights management informationEvery person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposesremoves or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19; ordoes any of the acts referred to in paragraphs 41.22(3)(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the consent of the owner of the copyright and knows thatthe rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, andthe removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19.PunishmentEvery person who commits an offence under subsection (3.2) is liableon conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; oron summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.Definition of rights management informationIn subsection (3.2), rights management information has the same meaning as in subsection 41.22(4).New.2014, c. 32, s. 5Subsection 44.01(2) of the Act is replaced by the following:ExceptionSubsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use.Existing text of subsection 44.01(2):Subsection (1) does not apply tocopies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use; orcopies that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada.2014, c. 32, s. 5Paragraph 44.04(1)(b) of the Act is replaced by the following:the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;Relevant portion of subsection 44.04(1):A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the copies is prohibited under section 44.01 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to the work or subject-matter filed by the owner of copyright in it, provide that owner with a sample of the copies and with information about the copies that could assist them in pursuing a remedy under this Act, such asthe name and address of their owner, importer, exporter and consignee and of the person who made them;2018, c. 27, s. 296Paragraph 70(2)(a) of the Act is replaced by the following:the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;Relevant portion of subsection 70(2):In approving a proposed tariff for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances, the Board shall ensure thatthe tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20 other than subsections 20(3) and (4);Transitional ProvisionNo revival of copyrightSections 6.1, 6.2 and 11.1, paragraphs 23(1)(a) and (b) and subsection 23(1.1) of the Copyright Act, as enacted by sections 24, 26 and 29, respectively, do not have the effect of reviving the copyright or a right to remuneration in any work, performer’s performance fixed in a sound recording or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions of that Act.R.S., c. C-46Criminal Code2019, c. 25, s. 2Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following:proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;Criminal CodeRelevant portion of subsection 2.3(1):The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 areproceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):section 391 (trade secret),Relevant portion of the definition:offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary toThe Act is amended by adding the following after section 390:Trade secretEveryone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.Trade secret — prior knowledgeEveryone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).PunishmentEveryone who commits an offence referred to in subsection (1) or (2) is guiltyof an indictable offence and is liable to imprisonment for a term not exceeding 14 years; orof an offence punishable on summary conviction.For greater certaintyFor greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.Definition of trade secretFor the purpose of this section, trade secret means any information thatis not generally known in the trade or business that uses or may use that information;has economic value from not being generally known; andis the subject of efforts that are reasonable under the circumstances to maintain its secrecy.New.Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):section 391 (trade secret);R.S., c. E-15Excise Tax ActSchedule VII to the Excise Tax Act is amended by adding the following after section 7:Goods (other than goods prescribed for the purposes of section 7) transported by courierthat are imported from Mexico or the United States, as determined in accordance with the Customs Tariff; andthat have a value, determined under paragraph 215(1)(a) of the Act, of not more than $40.R.S., c. E-19Export and Import Permits Act1993, c. 44, s. 146The definitions NAFTA and NAFTA country in subsection 2(1) of the Export and Import Permits Act are repealed.Export and Import Permits ActExisting text of the definitions:NAFTA has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (ALÉNA)NAFTA country has the meaning assigned to the expression NAFTA country by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA)1997, c. 14, s. 70(2)Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following:a CUSMA country,Relevant portion of the definition:free trade partner meansa NAFTA country,Subsection 2(1) of the Act is amended by adding the following in alphabetical order:CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)CUSMA country means a country that is a party to CUSMA. (pays ACEUM)New.2014, c. 14, s. 17(2)Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.Relevant portion of subsection 2(2):For the purposes of this Act, goods are imported from one of the following countries or territories if they are shipped directly to Canada from that country or territory, within the meaning of sections 17 and 18 of the Customs Tariff:a NAFTA countrySubsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.1997, c. 14, s. 71The definitions contribute importantly and surge in subsection 4.2(1) of the Act are replaced by the following:contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)surge, in respect of goods imported froma CUSMA country, means a significant increase in imports over the trend for a recent representative base period, andChile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)Existing text of the definitions:contribute importantly, in respect of goods imported from a NAFTA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)surge, in respect of goods imported from a NAFTA country or from Chile, has the meaning given that word by Article 805 of NAFTA or Article F-05 of CCFTA, as the case may be; (augmentation subite)1997, c. 14, s. 72(1)Paragraph 5(4)(b) of the Act is replaced by the following:in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andRelevant portion of subsection 5(4):Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, thatin the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and2001, c. 28, s. 49Subsection 6.1(1) of the Act is replaced by the following:Definition of originating goodsIn this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.Existing text of subsection 6.1(1):In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Mexico — United States Tariff, the Chile Tariff or the Costa Rica Tariff.2001, c. 28, s. 49The portion of subsection 6.1(2) of the Act before paragraph (b) is replaced by the following:When Minister may take measuresIf at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set outRelevant portion of subsection 6.1(2):If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (a) or (b) and are not originating goods are being imported from a NAFTA country, from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set outin the case of goods listed in Appendix 1.1 of Annex 300-B of NAFTA that are imported from a NAFTA country, in section 5 of that Annex in relation to those goods;2001, c. 28, s. 49Subsection 6.1(3) of the Act is replaced by the following:Factors to be consideredIn determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.Existing text of subsection 6.1(3):In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 4 of Annex 300-B of NAFTA, paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.2017, c. 6, s. 20Subsection 6.2(1.1) of the Act is replaced by the following:Determination of quantities — exportIf any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.Existing text of subsection 6.2(1.1):If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List under paragraph 3(1)(d), for the purpose of implementing CETA, or under paragraph 3(1)(f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.Section 6.2 of the Act is amended by adding the following after subsection (4):Export charges on certain dairy products — CUSMAThe Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.New.1997, c. 14, s. 75Subsection 8(3) of the Act is replaced by the following:Goods imported from free trade partnerIf an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, byArticle 10.2 of CUSMA;subparagraph 5(b) of Article F-02 of CCFTA; orsubparagraph 5(b) of Article 4.6 of CIFTA.Existing text of subsection 8(3):If an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided by subparagraph 5(b) of Article 802 of NAFTA, subparagraph 5(b) of Article F-02 of CCFTA or subparagraph 5(b) of Article 4.6 of CIFTA, as the case may be.Section 12 of the Act is amended by adding the following after paragraph (c):respecting export charges referred to in subsection 6.2(5);Relevant portion of section 12:The Governor in Council may make regulationsSchedule 2 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Schedules to Annex 302.2, in accordance with Appendix 6 of Annex 300-B”.Schedule 2 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Schedules to Annex 2-B in accordance with Annex 6-A”.Schedule 3 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Appendix 1.1 of Annex 300-B”.Schedule 3 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Section C of Annex 6-A”.Schedule 4 to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “Appendix 6 to Annex 300-B of NAFTA” and the corresponding reference in column 3 to “Schedules to Annex 302.2 of NAFTA, in accordance with Appendix 6 to Annex 300-B of NAFTA”.Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “Annex 6-A” in column 2 and a corresponding reference to “Schedules to Annex 2-B in accordance with Section C of Annex 6-A” in column 3.R.S., c. F-10Fertilizers Act1994, c. 47, s. 115Subsections 5(2) and (3) of the Fertilizers Act are replaced by the following:Regulations — international agreementsWithout limiting the authority conferred by subsection (1), the Governor in Council may make any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions:Article 20.45 of the Canada–United States–Mexico Agreement;paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; orArticle 18.47 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement.DefinitionsThe following definitions apply in subsection (2).Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act. (Accord de partenariat transpacifique global et progressiste)WTO Agreement has the meaning assigned by the definitionAgreementin subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)Fertilizers ActExisting text of subsections 5(2) and (3):Without limiting the authority conferred by subsection (1), the Governor in Council may make such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to fertilizers or supplements, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.In subsection (2),North American Free Trade Agreement has the meaning given to the word “Agreement” by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain)WTO Agreement has the meaning given to the word “Agreement” by subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)R.S., c. F-11Financial Administration Act1993, c. 44, s. 156The portion of subsection 85(2) of the Financial Administration Act before paragraph (a) is replaced by the following:Exemption for RCMP and security servicesDivisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,Financial Administration ActRelevant portion of subsection 85(2):Divisions I to V do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,1993, c. 44, s. 157Division V of Part X of the Act is repealed.Text of Division V of Part X:Implementation of the North American Free Trade AgreementIn exercising its powers and performing its duties, a Crown corporation shall give effect to those provisions of the Agreement that pertain to that corporation.The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to that corporation.In subsections (1) and (2), Agreement has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.Schedule VII to the Act is amended by adding the following in alphabetical order:Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019.R.S., c. F-27Food and Drugs ActSection 14 of the Food and Drugs Act is replaced by the following:SamplesNo person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations.Food and Drugs ActExisting text of section 14:No person shall distribute or cause to be distributed any drug as a sample.Subsection (1) does not apply to the distribution, under prescribed conditions, of samples of drugs to physicians, dentists, veterinary surgeons or pharmacists.Paragraph 30(1)(n) of the Act is replaced by the following:respecting the distribution or the conditions of distribution of drugs as samples;Relevant portion of subsection 30(1):The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without restricting the generality of the foregoing, may make regulationsrespecting the distribution or the conditions of distribution of samples of any drug;2014, c. 24, s. 6(6)Subsection 30(3) of the Act is replaced by the following:Regulations — Canada–United States–Mexico Agreement and WTO AgreementWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.48 and 20.49 of the Canada–United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.Existing text of subsection 30(3):Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.1994, c. 47, s. 117The definition North American Free Trade Agreement in subsection 30(4) of the Act is repealed.Existing text of the definition:North American Free Trade Agreement has the meaning given to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain)Subsection 30(4) of the Act is amended by adding the following in alphabetical order:Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)New.R.S., c. G-10Canada Grain ActThe heading before section 2 of the French version of the Canada Grain Act is replaced by the following:Définitions et interprétationCanada Grain ActExisting text of the heading:Interpretation1994, c. 45, s. 1(3)The definitions contaminated and foreign grain in section 2 of the Act are repealed.Existing text of the definitions:contaminated means, in respect of grain, containing any substance in sufficient quantity that the grain is unfit for consumption by persons and animals or is adulterated within the meaning of the regulations made pursuant to paragraph 30(1)(a) of the Food and Drugs Act; (contaminé)eastern grain means grain grown in the Eastern Division; (grain de l’Est)foreign grain means any grain grown outside Canada and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain étranger)western grain means grain grown in the Western Division. (grain de l’Ouest)The definitions eastern grain and western grain in section 2 of the Act are replaced by the following:eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest)Section 2 of the Act is amended by adding the following in alphabetical order:imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)New.The Act is amended by adding the following after section 2:Contaminated grainGrain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is eitheradulterated for the purposes of the Food and Drugs Act; orcontaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.New.Paragraph 14(1)(a) of the Act is replaced by the following:recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;Relevant portion of subsection 14(1):Subject to this Act, the Commission shall, in furtherance of its objects,recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for Canadian grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;The Act is amended by adding the following after section 15:Export CertificatesExport certificatesThe Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain.New.The portion of paragraph 32(1)(a) of the Act before subparagraph (i) is replaced by the following:if the grain was grown in Canada or the United States,Relevant portions of subsection 32(1):Subject to this Act, an inspector, after making an official inspection of grain pursuant to this Act, shall issue an inspection certificate in prescribed form,where the grain was grown in Canada,where the grain was grown outside Canada, stating the country of origin of the grain or stating that the grain is foreign grain.Paragraph 32(1)(b) of the Act is replaced by the following:if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, andstating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.The Act is amended by adding the following after section 58:Seeds Act and Pest Control Products ActNo operator of a licensed elevator is required to receive into the elevator any grain thatis of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; orhas in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product.New.1994, c. 45, s. 16Section 61 of the Act is replaced by the following:Procedure on receipt of grainSubject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.DisputeIf the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shalltake a sample of the grain in the prescribed manner;deal with the sample in the prescribed manner; andissue an interim elevator receipt in the prescribed form.Commission’s reportOn receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.Existing text of section 61:Where grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning,if the producer and the operator of the elevator agree as to the grade of the grain and the dockage, the operator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and forthwith provide the producer with the cash purchase ticket or elevator receipt; andif the producer and the operator of the elevator do not agree as to the grade of the grain or the dockage, the operator shalltake a sample of the grain in the manner prescribed,deal with the sample in the manner prescribed,issue an interim elevator receipt in the prescribed form, andon receipt of a report from the Commission assigning a grade in respect of the sample and determining the dockage, issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample and the dockage so determined, and forthwith provide the producer with the cash purchase ticket or elevator receipt.1994, c. 45, s. 25; 2011, c. 25, s. 27The heading before section 83.1 and sections 83.1 to 84 of the Act are replaced by the following:Declaration Respecting GrainObligation to provide declarationEvery licensee and every person who sells grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person.RegulationsThe Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.1, including regulations prescribingits form and content;when it is to be made and provided; andthe persons to whom it is to be provided.False or misleading statementNo person shall knowingly make a false or misleading statement in a declaration referred to in section 83.1.Carriage of GrainGeneralTransport, except by public carrier, restrictedExcept in accordance with terms and conditions prescribed under section 84.1 or with an order made under section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.RegulationsThe Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84.OrdersThe Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made.Existing text of the heading and sections 83.1 to 84:DeductionsAny person required to issue a cash purchase ticket under this Act shall deduct from the amount payable under the ticket the prescribed amount per tonne of wheat or barley grown in the Western Division, and shall remit that amount to the prescribed agency.A person entitled to a cash purchase ticket may, unless the regulations provide for the payment of refunds, opt out of the payment of deductions under subsection (1).A prescribed agency may use any amount it receives under subsection (1) for the purposes ofresearch activities into new and improved grain varieties;the promotion of the marketing and use of grain grown in Canada;technical assistance relating to the use of grain grown in Canada; andcovering the administrative costs that it incurs in applying this section.The Governor in Council may make regulationsprescribing the amount to be deducted per tonne under section 83.1;prescribing an agency to which amounts are to be remitted under section 83.1;providing exemptions from the deduction under section 83.1;governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.1;requiring a person making a deduction under section 83.1 or the prescribed agency to report on its activities under that section; andrespecting any other matter relating to the administration of section 83.1.Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced.Sections 83.1 and 83.2 cease to have effect five years after the day on which this section comes into force.Carriage of GrainGeneralExcept with the written permission of the Commission or in accordance with prescribed terms and conditions, no person, other than a public carrier, shall transport or cause to be transported any grainfrom the Western Division to the Eastern Division or from the Eastern Division to the Western Division; orinto or out of Canada.Subsection 116(1) of the Act is amended by adding the following after paragraph (c):prescribing circumstances in which an inspector, under paragraph 32(1)(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it;Relevant portion of subsection 116(1):The Commission may, with the approval of the Governor in Council, make regulationsrespecting the receipt, inspection, handling and storage at elevators of foreign grain and prescribing the period of time that foreign grain may remain in storage at any elevator;Paragraph 116(1)(h) of the Act is replaced by the following:respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator;The Act is amended by adding the following after section 118:Incorporation by reference — CommissionA regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.AccessibilityThe Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible.DefenceA person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.No registration or publicationFor greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.New.R.S., c. I-3Importation of Intoxicating Liquors Act1993, c. 44, s. 159The definition NAFTA country in section 2 of the Importation of Intoxicating Liquors Act is repealed.Importation of Intoxicating Liquors ActExisting text of the definition:NAFTA country has the meaning assigned to the expression NAFTA country by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA)Section 2 of the Act is amended by adding the following in alphabetical order:CUSMA country means a country that is a party to the Agreement as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (pays ACEUM)New.2002, c. 22, par. 411(7)(b)The portion of paragraph 3(2)(c) of the Act before subparagraph (ii) is replaced by the following:the importation of bulk spirits into a province from a CUSMA country by a licensed distiller for the purpose of being packaged by the distiller, if the spiritsare entitled to the United States Tariff or the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, andRelevant portion of subsection 3(2):The provisions of subsection (1) do not apply tothe importation of bulk spirits into a province from a NAFTA country by a licensed distiller for the purpose of being packaged by the distiller, if the spiritsare entitled to the United States Tariff, the Mexico Tariff or the Mexico — United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, andR.S., c. S-15Special Import Measures ActAmendments to the Act1993, c. 44, s. 201(2)The definitions government of a NAFTA country, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Special Import Measures Act are repealed.Special Import Measures ActExisting text of the definitions:Canadian Secretary meanswhen Part I.1 is in force, the Secretary referred to in section 15 of the North American Free Trade Agreement Implementation Act, andwhen Part II is in force, the Secretary appointed under subsection 77.24(1); (secrétaire canadien)government of a NAFTA country means such department, agency or other body of the government of a NAFTA country as is prescribed; (gouvernement d’un pays ALÉNA)NAFTA country has the meaning assigned that expression by subsection 2(1) of the North American Free Trade Agreement Implementation Act, but does not include Canada; (pays ALÉNA)North American Free Trade Agreement has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain)2010, c. 12, s. 1782The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following:Canadian Secretary meanswhen Part I.1 is in force, the Secretary referred to in section 14 of the Canada–United States–Mexico Agreement Implementation Act, andwhen Part II is in force, the Secretary appointed under subsection 77.24(1); (secrétaire canadien)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM)government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM)New.1993, c. 44, s. 204The portion of subsection 9.01(1) of the Act before paragraph (a) is replaced by the following:Duty ceases where order or finding rescinded pursuant to reviewWhere a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which caseRelevant portion of subsection 9.01(1):Where a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a NAFTA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case2017, c. 20, s. 72The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:Duty ceases if investigation terminated after reviewIf duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which caseRelevant portion of subsection 9.21(1):If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a NAFTA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case1993, c. 44, s. 209Subsection 43(1.01) of the Act is replaced by the following:Separate order or findingWhere an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:goods of more than one CUSMA country; orgoods of one or more CUSMA countries and goods of one or more other countries.Existing text of subsection 43(1.01):Where an inquiry referred to in section 42 involves goods ofmore than one NAFTA country, orone or more NAFTA countries and goods of one or more other countries,the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each NAFTA country.1993, c. 44, s. 212; 2005. c. 38, par. 136(b)(F)Paragraphs 56(1.01)(a) and (b) of the Act are replaced by the following:where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; andwhere a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.Relevant portion of subsection 56(1.01):Notwithstanding subsection (1),where a determination referred to in that subsection is made in respect of any goods, including goods of a NAFTA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; andwhere a determination referred to in that subsection is made in respect of goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.1993, c. 44, s. 214; 2005, c. 38, par. 134(z.12)Paragraphs 58(1.1)(a) and (b) of the Act are replaced by the following:where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; andwhere a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.Relevant portion of subsection 58(1.1):Notwithstanding subsection (1),where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a NAFTA country, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; andwhere a determination or re-determination referred to in that subsection is made in respect of goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)Subsections 59(3.1) and (3.2) of the Act are replaced by the following:Notice of re-determinationThe President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.PresumptionA notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.Existing text of subsections 59(3.1) and (3.2):The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a NAFTA country, to the government of that NAFTA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.A notice sent to the government of a NAFTA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed.2017, c. 20, s. 89Paragraph 70(1)(b) of the Act is replaced by the following:when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.Relevant portion of subsection 70(1):A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.2017, c. 20, s. 89Paragraph 70(2)(b) of the Act is replaced by the following:when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.Relevant portion of subsection 70(2):A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.2017, c. 20, s. 89Paragraph 70(3)(b) of the Act is replaced by the following:when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.Relevant portion of subsection 70(3):A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.1999, c. 12, s. 36Subsection 76.04(1) of the Act is replaced by the following:Separate order or findingIf a review under section 76.01, 76.02 or 76.03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country.Existing text of subsection 76.04(1):If a review under section 76.01, 76.02 or 76.03 involves goods of more than one NAFTA country, or of one or more NAFTA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each NAFTA country.1993, c. 44, s. 218The heading of Part I.1 of the Act is replaced by the following:Dispute Settlement Respecting Goods of a CUSMA CountryExisting text of heading:Dispute Settlement Respecting Goods of a NAFTA Country1993, c. 44, s. 218The definition NAFTA country Secretary in subsection 77.01(1) of the English version of the Act is repealed.Existing text of the definitions:NAFTA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 2002 of the North American Free Trade Agreement; (secrétaire national)rules means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the North American Free Trade Agreement; (règles)1993, c. 44, s. 218The definition rules in subsection 77.01(1) of the Act is replaced by the following:rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles)1993, c. 44, s. 218The definition secrétaire national in subsection 77.01(1) of the French version of the Act is replaced by the following:secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.6 de l’Accord Canada–États-Unis–Mexique. (CUSMA country Secretary)1993, c. 44, s. 218; 2002, c. 8, s. 172The portion of the definition definitive decision in subsection 77.01(1) of the Act before paragraph (a) is replaced by the following:definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods:Relevant portion of the definition:definitive decision meansin so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; (décisions finales)2002, c. 8, s. 172The portion of the definition definitive decision in subsection 77.01(1) of the English version of the Act after paragraph (j) is repealed.Subsection 77.01(1) of the English version of the Act is amended by adding the following in alphabetical order:CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; (secrétaire national)New.1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10); 2005, c. 38, par. 135(b)(E)Subsections 77.011(1) to (4) of the Act are replaced by the following:Request for review of definitive decisionThe Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.IdemAny person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.DeemingA request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.Limitation periodA request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country.Existing text of subsections 77.011(1) to (4):The Minister or the government of a NAFTA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 1904 of the North American Free Trade Agreement, that the definitive decision, in so far as it applies to goods of that NAFTA country, be reviewed by a panel.Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 1904 of the North American Free Trade Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 1904 of the North American Free Trade Agreement.A request under subsection (1) or (2) may only be made within thirty days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within thirty days after the day on which notice of the re-determination is received by the government of a NAFTA country.1993, c. 44, s. 218Subsection 77.011(6) of the Act is replaced by the following:Notification of request for reviewOn receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.Existing text of subsection 77.011(6):On receiving a request from the government of a NAFTA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate NAFTA country Secretary of the request and the day on which it was received by the Canadian Secretary.1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)Subparagraph 77.012(1)(a)(ii) of the English version of the Act is replaced by the following:in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; andRelevant portion of subsection 77.012(1):No person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decisionbefore the expiry of the period of thirty days afterin the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a NAFTA country; andunless the person or government has, within twenty days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate NAFTA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.1999, c. 12, s. 39Paragraph 77.012(1)(b) of the English version of the Act is replaced by the following:unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)Subsection 77.012(1) of the French version of the Act is replaced by the following:Demandes et appelsNul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)Subsection 77.012(2) of the English version of the Act is replaced by the following:Limitation period extendedFor the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.Existing text of subsection 77.012(2):For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 1904 of the North American Free Trade Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by ten days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.1993, c. 44, s. 218Subsection 77.013(1) of the Act is replaced by the following:Appointment of panelOn a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.Existing text of subsection 77.013(1):On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 1901.2 to Chapter Nineteen of the North American Free Trade Agreement and any regulations made in connection therewith.2017, c. 20, s. 94Subsection 77.013(3) of the Act is replaced by the following:Single panelIf a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.Existing text of subsection 77.013(3):If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a NAFTA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that NAFTA country, be appointed to review the final determination and the order or finding.1993, c. 44, s. 218Subsection 77.015(1) of the Act is replaced by the following:Conduct of reviewA panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules.Existing text of subsection 77.015(1):A panel shall conduct a review of a definitive decision in accordance with Chapter Nineteen of the North American Free Trade Agreement and the rules.1993, c. 44, s. 218Subsection 77.015(5) of the Act is replaced by the following:DecisionA decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.Existing text of subsection 77.015(5):A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the NAFTA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.1993, c. 44, s. 218Sections 77.017 and 77.018 of the Act are replaced by the following:Request for extraordinary challenge proceedingWithin the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.Ground for requestA request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.12 of the Canada–United States–Mexico Agreement.Notification of request for extraordinary challenge proceedingOn receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.Appointment of extraordinary challenge committeeOn a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.Existing text of sections 77.017 and 77.018:Within the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the NAFTA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 1904 of the North American Free Trade Agreement.On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate NAFTA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a NAFTA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.On a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 1904.13 to Chapter Nineteen of the North American Free Trade Agreement and any regulations made in connection therewith.1993, c. 44, s. 218Subsection 77.019(1) of the Act is replaced by the following:Conduct of extraordinary challenge proceedingA committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules.Existing text of subsection 77.019(1):A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 1904.13 to Chapter Nineteen of the North American Free Trade Agreement and the rules.1993, c. 44, s. 218Subsection 77.019(6) of the Act is replaced by the following:DecisionA decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.Existing text of subsection 77.019(6):A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the NAFTA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.1993, c. 44, s. 218Subsection 77.021(1) of the Act is replaced by the following:Code of conductEvery member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement.Existing text of subsection 77.021(1):Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 1909 of the North American Free Trade Agreement.1993, c. 44, s. 218Section 77.022 of the Act is replaced by the following:Remuneration and expenses of panel membersEvery member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.1 of the Canada–United States–Mexico Agreement.Existing text of section 77.022:Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 2001 of the North American Free Trade Agreement.1993, c. 44, s. 218Section 77.023 of the Act is replaced by the following:Request for reviewA request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement.Appointment of special committeeOn a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.Existing text of section 77.023:A request for a review by a special committee may be made to the Canadian Secretary by the government of a NAFTA country only with respect to an allegation referred to in Article 1905.1 of the North American Free Trade Agreement.On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 1904.13 of the North American Free Trade Agreement and any regulations made in connection therewith.1993, c. 44, s. 218Subsection 77.024(1) of the Act is replaced by the following:Stay of panel reviews and committee proceedingsSubject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement:panel reviews under section 77.011; andcommittee proceedings under section 77.017.Existing text of subsection 77.024(1):Subject to subsection (2), where a special committee makes an affirmative finding against a NAFTA country pursuant to a request made by Canada in respect of an allegation referred to in Article 1905.1 of the North American Free Trade Agreement, the Minister shall stay allpanel reviews under section 77.011, andcommittee proceedings under section 77.017that were requested by the government or a person of that NAFTA country after the date on which consultations were requested under Article 1905.1 of the North American Free Trade Agreement.1993, c. 44, s. 218Section 77.025 of the Act is replaced by the following:Stay on requestWhere a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings:panel reviews under section 77.011; andcommittee proceedings under section 77.017.Existing text of section 77.025:Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a NAFTA country, the government of that NAFTA country may request that the Minister stay allpanel reviews under section 77.011, andcommittee proceedings under section 77.017that were requested by the government or a person of that NAFTA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings.1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)Sections 77.027 and 77.028 of the Act are replaced by the following:Suspension of time periodsWhere a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.033:the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that CUSMA country; andthe time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that CUSMA country.Suspension of panel processThe Minister may suspend the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA countryat any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement; andat any time where the government of the CUSMA country has suspended the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.Notice of suspensionWhere the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette.Existing text of sections 77.027 and 77.028:Where a special committee makes an affirmative finding against Canada or a NAFTA country pursuant to a request made by the government of a NAFTA country or Canada in respect of an allegation referred to in Article 1905.1 of the North American Free Trade Agreement,the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that NAFTA country, andthe time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that NAFTA country,shall not run unless and until resumed in accordance with subsection 77.033.The Minister may suspend the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of a NAFTA countryat any time after the expiration of sixty days, but not later than ninety days, following an affirmative finding against the NAFTA country by a special committee requested by Canada under Article 1905.2 of the North American Free Trade Agreement; andat any time where the government of the NAFTA country has suspended the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under subsection (1) with respect to goods of a NAFTA country, the Canadian Secretary shall forward a written notice of the suspension to the NAFTA country Secretary of that NAFTA country and shall publish a notice of the suspension in the Canada Gazette.1993, c. 44, s. 218Subsection 77.029(1) of the Act is replaced by the following:Suspension of benefitsThe Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.Existing text of subsection 77.029(1):The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of sixty days, but in no case later than ninety days, following an affirmative finding against a NAFTA country by a special committee requested by Canada under Article 1905.2 of the North American Free Trade Agreement, suspend the application to that NAFTA country of such benefits under the North American Free Trade Agreement as the Governor in Council considers appropriate in the circumstances.1993, c. 44, s. 218The portion of subsection 77.029(2) of the English version of the Act before paragraph (a) is replaced by the following:PowersFor the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:Relevant portion of subsection 77.029(2):For the purpose of suspending the application to a NAFTA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the North American Free Trade Agreement or an Act of Parliament;1993, c. 44, s. 218Paragraph 77.029(2)(a) of the Act is replaced by the following:suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament;1993, c. 44, s. 218Subsection 77.029(6) of the Act is replaced by the following:Action consistent with determinationWhenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination.Existing text of subsection 77.029(6):Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 1905.10(a) of the North American Free Trade Agreement, the Governor in Council shall take action consistent with that determination.1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)Sections 77.03 to 77.033 of the Act are replaced by the following:Only one section appliesWhere the operation of Article 10.12 of the Canada–United States–Mexico Agreement is suspended under section 77.028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.13 of that Agreement may not be suspended under section 77.029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.13 of that Agreement are suspended under section 77.029 in respect of a CUSMA country, the operation of Article 10.12 of that Agreement may not be suspended under section 77.028 in respect of that CUSMA country.Referral to Federal Court of AppealWhere the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under paragraph 77.028(1)(a) andwhere any panel review is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; orwhere any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.IdemWhere the government of a CUSMA country suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.13 of that Agreement andwhere any panel review is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; orwhere any committee proceeding is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.IdemFor the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.032.Termination of suspensionThe Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.ResumptionAll panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resumewhere the operation of Article 10.12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; orwhere benefits are suspended under section 77.029.Existing text of sections 77.03 to 77.033:Where the operation of Article 1904 of the North American Free Trade Agreement is suspended under section 77.028 in respect of a NAFTA country, benefits under Article 1905.2 of the North American Free Trade Agreement may not be suspended under section 77.029 in respect of that NAFTA country, and where benefits under Article 1905.2 of the North American Free Trade Agreement are suspended under section 77.029 in respect of a NAFTA country, the operation of Article 1904 of the North American Free Trade Agreement may not be suspended under section 77.028 in respect of that NAFTA country.Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under paragraph 77.028(1)(a) andwhere any panel review is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; orwhere any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.Where the government of a NAFTA country suspends the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada under Article 1905.8 of the North American Free Trade Agreement andwhere any panel review is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; orwhere any committee proceeding is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 1904 is terminated pursuant to section 77.032.The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to Article 1905.10 of the North American Free Trade Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.All panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resumewhere the operation of Article 1904 of the North American Free Trade Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of ninety days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; orwhere benefits are suspended under section 77.029.1993, c. 44, s. 218Paragraph 77.034(1)(c) of the Act is replaced by the following:a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement.Relevant portion of subsection 77.034(1):Every person commits an offence who contravenes or fails to comply witha disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any NAFTA country giving effect to the North American Free Trade Agreement.1993, c. 44, s. 218Paragraph 77.035(a) of the Act is replaced by the following:conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;Relevant portion of section 77.035:The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulationsconferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Chapter Nineteen of the North American Free Trade Agreement and the rules, including powers, rights and privileges of a superior court of record;for carrying out and giving effect to paragraphs 1 to 4 of Annex 1901.2, and paragraph 1 of Annex 1904.13, of Chapter Nineteen of the North American Free Trade Agreement; and1993, c. 44, s. 218Paragraph 77.035(c) of the Act is replaced by the following:for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and1993, c. 44, s. 218Section 77.036 of the Act is replaced by the following:Publication in Canada GazetteThe rules, the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.Existing text of section 77.036:The rules, the code of conduct established pursuant to Article 1909 of the North American Free Trade Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.1993, c. 44, s. 218Section 77.037 of the Act is replaced by the following:ApplicationIf one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country:a provision of an Act to amend this Act;a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; ora provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.Existing text of section 77.037:No provisionof an Act to amend this Act,of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, oramending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a reviewthat comes into force after the coming into force of this section shall be applied in respect of goods of a NAFTA country, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of that NAFTA country.1993, c. 44, s. 219; 2005, c. 38, par. 134(z.28)Section 83.1 of the Act is replaced by the following:Information to be disclosedWhere information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.Existing text of section 83.1:Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a NAFTA country, the President shall, on receipt of a request from the government of that NAFTA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.1993, c. 44, s. 221; 2002, c. 8. par. 182(1)(z.10); 2005, c. 38, par. 134(z.37)Subsection 96.11(1) of the Act is replaced by the following:No referencesSubsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country.Existing text of subsection 96.11(1):Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a NAFTA country.1993, c. 44, s. 222; 1999, c. 12, art. 48(F)Subsections 96.21(1) to (5) of the Act are replaced by the following:Request for review of final determinationThe Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law.IdemAny person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.DeemingA request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.Limitation periodA request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister.Definition of final determinationIn this section, final determination means a final determination as defined in Article 10.8 of the Canada–United States–Mexico Agreement.Existing text of subsections 96.21(1) to (5):The Minister for International Trade may, in the manner provided for by the law of a NAFTA country giving effect to the North American Free Trade Agreement, request that a final determination be reviewed by a panel established under that law.Any person who, but for the law of a NAFTA country giving effect to the North American Free Trade Agreement, would be entitled under the law of that NAFTA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 1904 of the North American Free Trade Agreement.A request under subsection (1) or (2) may only be made within thirty days after the day on which notice of the final determination is published in the official publication of the NAFTA country, or, in the case of a final determination of which notice is not so published, within thirty days after the day on which notice of the final determination is received by the Minister.In this section, final determination means a final determination as defined in Annex 1911 of the North American Free Trade Agreement.1993, c. 44, s. 223(1)Paragraph 97(1)(g.11) of the Act is replaced by the following:deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);Relevant portion of subsection 97(1):The Governor in Council may, on the recommendation of the Minister of Finance, make regulationsdeeming a government in Canada or in a NAFTA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);defining the expression goods of a NAFTA country for the purpose of this Act;determining, in respect of each NAFTA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;1993, c. 44, s. 223(2)Paragraphs 97(1)(g.21) and (g.22) of the Act are replaced by the following:defining the expression goods of a CUSMA country for the purpose of this Act;determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;Transitional ProvisionsDefinition of commencement dayIn sections 106 and 107, commencement day means the day fixed under subsection 213(1).Pending proceedingsProceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day.New proceedingsIf proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day.R.S., c. T-13Trademarks ActSection 20 of the Trademarks Act is amended by adding the following after subsection (1):Deemed infringement under paragraph (1)(b)An infringement under paragraph (1)(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trademark imports goods on a commercial scale that bear a trademark that is identical to, or cannot be distinguished in its essential aspects from, the trademark registered for such goods.Trademarks ActNew.2014, c. 32, s. 43Subsection 51.03(2) of the Act is amended by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).Relevant portion of subsection 51.03(2):Subsection (1) does not apply ifthe goods, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada.2017, c. 6, s. 71Subsection 51.03(2.3) of the Act is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).Relevant portion of subsection 51.03(2.3):Subsections (2.1) and (2.2) do not apply ifthe wine or spirit or the agricultural product or food, while being shipped from one place outside Canada to another, is in customs transit control or customs transhipment control in Canada.Section 51.03 of the Act is amended by adding the following after subsection (2.3):Customs transit or transhipment controlFor the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release.New.2014, c. 32, s. 43Paragraph 51.06(1)(b) of the Act is replaced by the following:the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;Relevant portion of subsection 51.06(1):A customs officer who is detaining goods under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the goods is prohibited under section 51.03 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to a relevant protected mark filed by its owner, provide that owner with a sample of the goods and with information about the goods that could assist them in pursuing a remedy under this Act, such asthe name and address of their owner, importer, exporter and consignee and of the person who made them;R.S., c. 28 (1st Supp.)Investment Canada Act1994, c. 47, s. 134Subsections 24(2) to (5) of the Investment Canada Act are replaced by the following:Authority to purchase cultural businessNotwithstanding section 90 of the Financial Administration Act, where a CUSMA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.1(6), that has been acquired in the manner described in subparagraph 28(1)(d)(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired.Designation of agentFor the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the Agreement under Article 32.6 of the Agreement, as the Governor in Council considers appropriate.DefinitionsThe following definitions apply in this section.Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord)controlled by a CUSMA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2),the ultimate direct or indirect control in fact of the Canadian business by a CUSMA investor through the ownership of voting interests; orthe ownership by a CUSMA investor of all or substantially all of the assets used in carrying on the Canadian business. (sous le contrôle d’un investisseur ACEUM)CUSMA country means a country that is a party to the Agreement. (pays ACEUM)CUSMA investor meansan individual, other than a Canadian, who is a national as defined in Article 1.5 of the Agreement;a government of a CUSMA country, whether federal, state or local, or an agency thereof;an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a CUSMA investor-controlled entity, as determined in accordance with subsection (5);a corporation or limited partnershipthat is not a Canadian-controlled entity, as determined pursuant to subsection 26(1),that is not a CUSMA investor within the meaning of paragraph (c),of which less than a majority of its voting interests are owned by CUSMA investors,that is not controlled in fact through the ownership of its voting interests, andof which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and CUSMA investors;a trustthat is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2),that is not a CUSMA investor within the meaning of paragraph (c),that is not controlled in fact through the ownership of its voting interests, andof which two thirds of its trustees are any combination of Canadians and CUSMA investors; orany other form of business organization specified by the regulations that is controlled by a CUSMA investor. (investisseur ACEUM)InterpretationFor the purposes only of determining whether an entity is a CUSMA investor-controlled entity under paragraph (c) of the definition CUSMA investor in subsection (4),subsections 26(1) and (2) and section 27 apply and, for that purpose,every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “CUSMA investor” or “CUSMA investors”, respectively,every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a CUSMA investor,” or “non-Canadians, other than CUSMA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not CUSMA investors”,every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “CUSMA investor-controlled”, andthe reference in subparagraph 27(d)(i) to “Canada” shall be read and construed as a reference to “a CUSMA country”; andwhere two persons, one being a Canadian and the other being a CUSMA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be CUSMA investor-controlled.Investment Canada ActExisting text of subsections 24(2) to (5):Notwithstanding section 90 of the Financial Administration Act, where a NAFTA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.1(6), that has been acquired in the manner described in subparagraph 28(1)(d)(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired.For the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the NAFTA Agreement under Article 2106 of the Agreement, as the Governor in Council considers appropriate.In this section,controlled by a NAFTA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2),the ultimate direct or indirect control in fact of the Canadian business by a NAFTA investor through the ownership of voting interests, orthe ownership by a NAFTA investor of all or substantially all of the assets used in carrying on the Canadian business; (sous le contrôle d’un investisseur ALÉNA)NAFTA Agreement has the meaning given to the word “Agreement” by the North American Free Trade Agreement Implementation Act; (Accord ALÉNA)NAFTA country means a country that is a party to the NAFTA Agreement; (pays ALÉNA)NAFTA investor meansan individual, other than a Canadian, who is a national as defined in Article 201 of the NAFTA Agreement,a government of a NAFTA country, whether federal, state or local, or an agency thereof,an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a NAFTA investor-controlled entity, as determined in accordance with subsection (5),a corporation or limited partnershipthat is not a Canadian-controlled entity, as determined pursuant to subsection 26(1),that is not a NAFTA investor within the meaning of paragraph (c),of which less than a majority of its voting interests are owned by NAFTA investors,that is not controlled in fact through the ownership of its voting interests, andof which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and NAFTA investors,a trustthat is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2),that is not a NAFTA investor within the meaning of paragraph (c),that is not controlled in fact through the ownership of its voting interests, andof which two thirds of its trustees are any combination of Canadians and NAFTA investors, orany other form of business organization specified by the regulations that is controlled by a NAFTA investor. (investisseur ALÉNA)For the purposes only of determining whether an entity is a NAFTA investor-controlled entity under paragraph (c) of the definition NAFTA investor in subsection (4),subsections 26(1) and (2) and section 27 apply and, for that purpose,every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “NAFTA investor” or “NAFTA investors”, respectively,every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a NAFTA investor,” or “non-Canadians, other than NAFTA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not NAFTA investors”,every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “NAFTA investor-controlled”, andthe reference in subparagraph 27(d)(i) to “Canada” shall be read and construed as a reference to “a NAFTA country”; andwhere two persons, one being a Canadian and the other being a NAFTA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be NAFTA investor-controlled.The schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA Agreement within the meaning of subsection 24(4) of this Act” and the corresponding reference in column 2 to “Article 201”.The schedule to the Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of subsection 24(4) of this Act” and a corresponding reference in column 2 to “Article 1.5”.R.S., c. 1 (2nd Supp.)Customs Act1993, c. 44, s. 81The definitions NAFTA and NAFTA country in subsection 2(1) of the Customs Act are repealed.Customs ActExisting text of the definitions:NAFTA has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (ALÉNA)NAFTA country has the meaning assigned to that expression by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)CUSMA country means a country that is a party to CUSMA; (pays ACEUM)New.1993, c. 44, s. 83; 2001, c. 25, s. 30(3)Subsection 35.02(4) of the Act is repealed.Existing text of subsection 35.02(4):If a person imports goods of a prescribed class from a NAFTA country, that person is not liable to a penalty under section 109.1 unlessthe person has previously failed to comply with section 35.01 in respect of imported goods and has been given notice pursuant to subsection (2);the goods with respect to which there has been a failure to comply with section 35.01 or a notice given pursuant to subsection (2) have been released without being marked in the manner referred to in section 35.01; orthe imported goods have been marked in a deceptive manner so as to mislead another person as to the country or geographic area of origin of the goods.1988, c. 65, s. 69; 2018, c. 23, s. 21Subsections 35.1(3) and (3.1) of the Act are replaced by the following:Who furnishesSubject to any regulations made under subsection (4), proof of origin of goods shall be furnished in accordance with subsection (1) by the importer or owner of the goods.Certificate of origin completed by importerIf an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.Existing text of subsections 35.1(3) and (3.1):Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished under subsection (1) by the importer or owner thereof.If an importer of goods for which preferential tariff treatment under the CPTPP will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.1988, c. 65, s. 69The portion of subsection 35.1(4) of the Act before paragraph (a) is replaced by the following:RegulationsThe Governor in Council, on the recommendation of the Minister, may make regulationsRelevant portion of subsection 35.1(4):The Governor in Council, on the recommendation of the Minister and the Minister of Finance, may make regulations1997, c. 14, s. 38The heading “Conduct of Verification” before section 42.1 of the Act is replaced by the following:Origin of Goods, Duty Relief and DrawbackExisting text of the heading:Conduct of Verification1997, c. 14, s. 38; 1997, c. 36, s. 161Subsection 42.1(1) of the Act is amended by adding “or” after paragraph (a) and by repealing paragraph (b).Relevant portion of subsection 42.1(1):Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to the prescribed conditions,enter any prescribed premises or place at any reasonable time to verify the amount, if any, ofa relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a NAFTA country, ora drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a NAFTA country.Subsection 42.1(1) of the Act is amended by striking out “or” after paragraph (a), by adding “or” after paragraph (b) and by adding the following after paragraph (b).enter any prescribed premises or place at any reasonable time to verify the amount, if any, ofa relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a CUSMA country, ora drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country.2014, c. 14, s. 24Subsections 42.3(1) to (4) of the Act are replaced by the following:Definition of customs administrationIn this section, customs administration has the meaning assigned to that expression by Article E-14 of CCFTA, Article V.14 of CCRFTA or Article 5.1 of CHFTA, as the case may be.Effective date of redetermination or further redetermination of origin of goodsSubject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is thatthe goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; andthat tariff classification or value differs from the tariff classification or value applied to those materials by the country — Chile, Costa Rica or Honduras — from which the goods were exported.LimitationA redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the country — Chile, Costa Rica or Honduras — from which the goods were exported, has, before that date,given an advance ruling under Article E-09 of CCFTA, Article V.9 of CCRFTA, paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.6 of CCRFTA, or paragraph 15 of Article 5.7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); orgiven consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into Chile, Costa Rica or Honduras.Postponement of effective dateThe date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding 90 days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the country — Chile, Costa Rica or of Honduras — from which the goods were exported.Existing text of subsections 42.3(1) to (4):In this section, customs administration has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA or Article 5.1 of CHFTA, as the case may be.Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under NAFTA, CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is thatthe goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; andthat tariff classification or value differs from the tariff classification or value applied to those materials by the NAFTA country from which the goods were exported, from Chile, from Costa Rica or from Honduras, as the case may be.A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the NAFTA country from which the goods were exported, of Chile, of Costa Rica or of Honduras, as the case may be, has, before that date,given an advance ruling under Article 509 of NAFTA, Article E-09 of CCFTA, Article V.9 of CCRFTA, paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article 506 of NAFTA, paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.6 of CCRFTA, or paragraph 15 of Article 5.7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); orgiven consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into the NAFTA country, Chile, Costa Rica or Honduras, as the case may be.The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding ninety days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the NAFTA country from which the goods were exported, of Chile, Costa Rica or of Honduras, as the case may be.The Act is amended by adding the following after section 42.4:Duty EvasionDefinition of duty evasionIn sections 42.6 and 42.7, duty evasion means the evasion of anti-dumping, countervailing or safeguard duties that are imposed by a CUSMA country other than Canada.Duty evasion verificationIf requested by a CUSMA country under paragraph 5 of Article 10.7 of CUSMA, any officer, or any officer within a class of officers, designated by the President for the purposes of this section may — for the purpose of enabling the requesting CUSMA country to determine whether goods exported from Canada to that country are subject to anti-dumping, countervailing, or safeguard duties imposed by that country — conduct a duty evasion verification that includes, among other things, obtaining information from an exporter or producer of goods in Canada.Paragraph 7(a) of Article 10.7 of CUSMAThe duty evasion verification may be conducted only if Canada and the requesting CUSMA country have mutually agreed to conditions and procedures and the verification is conducted in accordance with those conditions and procedures.Power to enterIn conducting the duty evasion verification, the officer may enter the premises of an exporter or producer of goods.ReportAfter a duty evasion verification has been completed, an officer shall provide the requesting CUSMA country with a report that contains any relevant information obtained from an exporter or producer of goods in Canada during the verification.New.1993, c. 44, s. 88; 1997, c. 36, s. 165; 2001, c. 25, s. 39(2)(F); 2005, c. 38, s. 72Section 57.01 of the Act and the heading before it are repealed.Existing text of the heading and of section 57.01.Marking DeterminationAny officer, or any officer within a class of officers, designated by the President for the purposes of this section may, at or before the time goods imported from a NAFTA country are accounted for under subsection 32(1), (3) or (5), in the prescribed manner and subject to the prescribed conditions, make a determination as to whether the goods have been marked in the manner referred to in section 35.01.If an officer does not make a determination under subsection (1) in respect of goods imported from a NAFTA country at or before the time the goods are accounted for under subsection 32(1), (3) or (5), a determination as to whether the goods have been marked in the manner referred to in section 35.01 shall be deemed to have been made in accordance with any representations that have been made in respect of the marking of the goods by the person who accounted for the goods.2001, c. 25, s. 41(1)The portion of paragraph 59(1)(a) of the Act before subparagraph (i) is replaced by the following:in the case of a determination under section 58, re-determine the origin, tariff classification or value for duty of any imported goods at any time withinRelevant portion of subsection 59(1):An officer, or any officer within a class of officers, designated by the President for the purposes of this section mayin the case of a determination under section 57.01 or 58, re-determine the origin, tariff classification, value for duty or marking determination of any imported goods at any time within2001, c. 25, s. 41(2)Subsection 59(2) of the Act is replaced by the following:Notice requirementAn officer who makes a determination under subsection 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons.Existing text of subsection 59(2):An officer who makes a determination under subsection 57.01(1) or 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons.2001, c. 25, s. 41(3)The portion of subsection 59(3) of the French version of the Act before paragraph (a) is replaced by the following:Paiement ou remboursementLes personnes visées par règlement qui ont été avisées de la détermination, de la révision ou du réexamen en application du paragraphe (2) doivent, en conformité avec la détermination, la révision ou le réexamen, selon le cas :Relevant portion of subsection 59(3):Every prescribed person who is given notice of a determination, re-determination or further re-determination under subsection (2) shall, in accordance with that decision,2001, c. 25, s. 42(1)Subsection 60(1) of the Act is replaced by the following:Request for re-determination or further re-determinationA person to whom notice is given under subsection 59(2) in respect of goods may, within 90 days after the notice is given, request a re-determination or further re-determination of origin, tariff classification or value for duty. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing.Existing text of subsection 60(1):A person to whom notice is given under subsection 59(2) in respect of goods may, within ninety days after the notice is given, request a re-determination or further re-determination of origin, tariff classification, value for duty or marking. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing.2001, c. 25, s. 42(3)Subsection 60(4) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (a) and by repealing paragraph (c).Relevant portion of subsection 60(4):On receipt of a request under this section, the President shall, without delay,re-determine or further re-determine the marking determination.1997, c. 36, s. 166; 2001, c. 25, s. 44Subsection 61(1) of the Act is amended by adding “and” after paragraph (a) and by repealing paragraph (b).Relevant portion of subsection 61(1):The President mayre-determine or further re-determine the marking determination of imported goodswithin four years after the date the determination was made under section 57.01, if the Minister considers it advisable to make the re-determination,at any time, if the person who is given notice of a marking determination under section 57.01 or of a re-determination under paragraph 59(1)(a) fails to comply with any provision of this Act or the regulations or commits an offence under this Act in respect of the goods,at any time, if the re-determination or further re-determination would give effect to a decision made in respect of the goods by the Canadian International Trade Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, andat any time after a re-determination is made under paragraph 60(4)(c), but before an appeal is heard under section 67, on the recommendation of the Attorney General of Canada; and2001, c. 25, s. 46Subsection 65.1(3) of the Act is repealed.Existing text of subsection 65.1(3):This section does not apply to a marking determination.1997, c. 14, s. 43(1); 1999, c. 31, s. 71(F)Paragraph 74(1)(c.1) of the Act is replaced by the following:the goods were exported from Chile but no claim for preferential tariff treatment under CCFTA was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);Relevant portion of subsection 74(1):Subject to this section, section 75 and any regulations made under section 81, a person who paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part of those duties, and the Minister may grant to that person a refund of all or part of those duties, ifthe goods were exported from a NAFTA country or from Chile but no claim for preferential tariff treatment under NAFTA or no claim for preferential tariff treatment under CCFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);1997, c. 14, s. 44Subsection 97.1(1) of the French version of the Act is replaced by the following:Certification de l’origine : marchandises exportées vers un partenaire de libre-échangeQuiconque exporte vers un partenaire de libre-échange des marchandises pour lesquelles sera demandé le traitement tarifaire préférentiel découlant d’un accord de libre-échange conformément aux lois du partenaire de libre-échange est tenu de certifier par écrit, selon les modalités réglementaires, en la forme et avec les renseignements déterminés par le ministre, que les marchandises en cause sont conformes aux règles d’origine prévues par l’accord de libre-échange applicable; dans le cas où l’exportateur des marchandises n’en est pas le producteur, il remplit et signe le certificat conformément aux critères réglementaires.Existing text of subsection 97.1(1):Every exporter of goods to a free trade partner for which preferential tariff treatment under a free trade agreement will be claimed in accordance with the laws of that free trade partner shall certify in writing in the prescribed form and containing the prescribed information that goods exported or to be exported from Canada to that free trade partner meet the rules of origin set out in, or contemplated by, the applicable free trade agreement and, if the exporter is not the producer of the goods, the certificate shall be completed and signed by the exporter on the basis of the prescribed criteria.2018, c. 23, s. 25The portion of subsection 97.1(1.1) of the Act before paragraph (a) is replaced by the following:Certificate of Origin — CPTPP or CUSMAIf an exporter or producer of goods that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA 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 or CUSMA, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, andRelevant portion of subsection 97.1(1.1):If an exporter or producer of goods for which preferential tariff treatment under the CPTPP will be claimed in accordance with the laws of a CPTPP country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and1997, c. 14, s. 44; 2018, c. 23, s. 25(2)(E)Subsection 97.1(2) of the French version of the Act is replaced by the following:Exemplaire du certificatTout exportateur ou producteur de marchandises qui, afin de permettre à une personne de se conformer aux lois douanières applicables d’un partenaire de libre-échange, remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande.Existing text of subsection 97.1(2):Every exporter or producer of goods who, for the purpose of enabling any person to comply with the applicable laws relating to customs of a free trade partner, completes and signs a certificate in accordance with subsection (1) or (1.1) shall, at the request of an officer, provide the officer with a copy of the certificate.2001, c. 25, s. 56(F); 2018, c. 23, s. 25(2)(E)Subsection 97.1(3) of the English version of the Act is replaced by the following:Notification of correct informationA 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 CPTPPcountry or CUSMA country to whom the certificate was given of the correct information.Existing text of subsection 97.1(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 CPTPP country to whom the certificate was given of the correct information.Part 1 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “NAFTA” and the corresponding reference in column 3 to “United States Tariff, Mexico Tariff or Mexico-United States Tariff rates of customs duty under the Customs Tariff”.Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “CUSMA” in column 2 and a corresponding reference to “United States Tariff or Mexico Tariff rates of customs duty under the Customs Tariff” in column 3.Part 2 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Article 514”.Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “paragraph 17 of Article 5.9” in column 2.Part 3 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country” and the corresponding reference in column 2 to “paragraph 1 of Article 509 of NAFTA”.Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “paragraph 4 of Article 7.5 of CUSMA” in column 2.Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “CUSMA” in column 2.Part 5 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Chapters Three and Five”.Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “Chapters 4 to 7” in column 2.R.S., c. 17 (2nd Supp.)Commercial Arbitration Act1997, c. 14, s. 32Paragraph 5(4)(a) of the Commercial Arbitration Act is repealed.Commercial Arbitration ActRelevant portion of subsection 5(4):For greater certainty, the expression commercial arbitration in Article 1(1) of the Code includesa claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act;Subsection 5(4) of the Act is amended by adding the following after paragraph (a):a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.D.3 of that Agreement;New.R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal ActAmendments to the Act2018, c. 23, s. 32(1)The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)Canadian International Trade Tribunal ActExisting text of the definition:textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)1993, c. 44, s. 32(3)Subsection 2(2) of the Act is replaced by the following:Same meaningIn this Act,Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; andCUSMA country means a country that is a party to the Agreement.Existing text of subsection 2(2):In this Act, the words Agreement and NAFTA country have the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.2018, c. 23, s. 32(3)Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.Relevant portion of subsection 2(5):For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff:a NAFTA countrySubsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.1993, c. 44, s. 33Section 2.1 of the Act is replaced by the following:Suspension of certain provisionsThe operation of the provisions referred to in column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:
Canada-United States Free Trade AgreementThe operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.Existing text of section 2.1:The operation of the provisions referred to in column II of this section is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:
Column IColumn IIProvisions in forceProvisions suspendedsection 19.01section 19.1section 20.01section 20.1section 20.2section 21section 21.1section 22subsections 23(1.01) to (1.03)subsection 23(1.1)subparagraphs 26(1)(a)(i.1) to (i.3)subparagraph 26(1)(a)(ii)paragraphs 27(1)(a.1) to (a.3)paragraph 27(1)(b)
1994, c. 47, s. 31; 1997, c. 36, s. 193Section 19.01 of the Act is repealed.Existing text of section 19.01:In this section and sections 20 and 20.01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)(F) and (c)(F)Sections 20 and 20.01 of the Act are replaced by the following:Definition of principal causeIn this section and in section 20.01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.Inquiry into injury mattersThe Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation tothe importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, orthe provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada.Definition of contribute importantlyIn this section, contribute importantly means to be an important cause, but not necessarily the most important cause.Determination in respect of CUSMA country goodsWhere, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determinewhether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; andwhether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to the serious injury or threat thereof.IdemIn an inquiry under section 30.07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA countrywhether the quantity of the goods imported from the CUSMA country accounts for a substantial share of total imports of goods of the same kind; andwhether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.ConsiderationsIn making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 10.2 of the Agreement.Existing text of sections 20 and 20.01:The Tribunal shall inquire into and report to the Governor in Council on any matter in relation tothe importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, orthe provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canadathat the Governor in Council refers to the Tribunal for inquiry.In this section, contribute importantly has the meaning given those words by Article 805 of the Agreement.Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a NAFTA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determinewhether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; andwhether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to the serious injury or threat thereof.In an inquiry under section 30.07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA countrywhether the quantity of the goods imported from the NAFTA country accounts for a substantial share of total imports of goods of the same kind; andwhether the goods imported from the NAFTA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement.1993, c. 44, s. 38Subsection 20.2(1) of the Act is replaced by the following:Terms of referenceThe Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.Existing text of subsection 20.2(1):The Tribunal shall conduct an inquiry under section 18, 19, 19.01 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.1993, c. 44, s. 38Subsections 20.2(3) and (4) of the Act are replaced by the following:Tabling of reportThe Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.Notice of reportThe Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.Existing text of subsections 20.2(3) and (4):The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.01 or 20 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.01 or 20 to be published in the Canada Gazette.1997, c. 36, s. 196(1)Subsections 23(1.01) to (1.03) of the Act are repealed.Existing text of subsections 23(1.01) to (1.03):Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that have been integrated into the General Agreement on Tariffs and Trade on the basis of a commitment made by Canada under any successor agreement to the Multifibre Arrangement, under subsection 45(13) of the Customs Tariff, to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to that Act, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.2014, c. 14, s. 36Paragraph 25(2)(c) of the Act is replaced by the following:in the case of a complaint filed under subsection 23(1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.Relevant portion of subsection 25(2):Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwithin the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.1997, c. 36, s. 197(1)Subparagraphs 26(1)(a)(i.1) to (i.3) of the Act are repealed.Relevant portion of subsection 26(1):Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfiedthat the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication thatin the case of a complaint filed under subsection 23(1.01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods,in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,2001, c. 28, s. 24(2)Subsection 26(2.1) of the Act is replaced by the following:Copies to MinisterNotwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).Existing text of subsection 26(2.1):Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).1997, c. 36, s. 198(1)Paragraphs 27(1)(a.1) to (a.3) of the Act are repealed.Relevant portion of subsection 27(1):The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a),in the case of a complaint filed under subsection 23(1.01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods;in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;1993, c. 44, s. 43(2)Subsection 27(2.1) of the Act is repealed.Existing text of subsection 27(2.1):In making a determination under paragraph (1)(a.3), regard shall be had to paragraph 2 of section 4 of Annex 300-B of Chapter Three of the Agreement.1993, c. 44, s. 44Subsection 30.01(1) of the Act is replaced by the following:Definition of surgeIn this section, surge means a significant increase in imports over the trend for a recent representative base period.Existing text of subsection 30.01(1):In this section, surge has the meaning given that word by Article 805 of the Agreement.1994, c. 47, s. 37Paragraph 30.01(2)(b) of the Act is replaced by the following:the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.Relevant portion of subsection 30.01(2):A written complaint may be filed with the Tribunal wherethe surtax or inclusion does not apply to or include goods imported from a NAFTA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.1994, c. 47, s. 37Subsection 30.01(2.1) of the Act is replaced by the following:AllegationsThe complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.Existing text of subsection 30.01(2.1):The complaint must allege that a surge of imports of goods imported from a NAFTA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.1993, c. 44, s. 47; 2014, c. 20, s. 454Section 44.1 of the Act is replaced by the following:Information to be disclosedWhere information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.Definition of governmentFor the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act.Existing text of section 44.1:Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.For the purposes of subsection (1), government has the meaning assigned to the expression government of a NAFTA country by subsection 2(1) of the Special Import Measures Act.Transitional ProvisionsDefinition of commencement dayIn sections 150 and 151, commencement day means the day fixed under subsection 213(1).Pending proceedingsSubject to subsection (2), proceedings that are pending under the Canadian International Trade Tribunal Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on that day.ExceptionSubsection (1) does not apply in respect of inquiries under section 19.01 or any of subparagraphs 26(1)(a)(i.1), (i.2) or (i.3) of that Act.New proceedingsIf proceedings under the Canadian International Trade Tribunal Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on the commencement day.1991, c. 11Broadcasting ActSection 27 of the Broadcasting Act is replaced by the following:Directions – Free Trade AgreementThe Governor in Council may, on the recommendation of the Minister, issue directionsrequiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented;respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; andrequiring the Commission to cancel any measure taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify.ConsultationThe Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1).Directions bindingA direction issued under subsection (1) is binding on the Commission from the time it comes into force.Definition of AgreementIn this section, Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act.Broadcasting ActExisting text of section 27:The Governor in Council may, either on the recommendation of the Minister made at the request of the Commission or on the Governor in Council’s own motion, issue directions of general application respecting the manner in which the Commission shall apply or interpret paragraph 3 of Article 2006 of the Agreement.A direction issued under subsection (1) is binding on the Commission from the time it comes into force and, unless otherwise provided therein, applies in respect of matters pending before the Commission at that time.The Commission may, in order to request the issuance of a direction under subsection (1), suspend the determination of any matter of which it is seised.In this section, Agreement has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act.1991, c. 45Trust and Loan Companies ActSection 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order:regulated foreign entity means an entity that isincorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, andsubject to financial services regulation in that country or territory; (entité étrangère réglementée)Trust and Loan Companies ActNew.Section 244 of the Act is amended by adding the following after subsection (3):ExceptionSubject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.New.2007, c. 6, s. 353Subsection 250(2) of the Act is replaced by the following:Direction — immediate, direct, complete and ongoing accessWhere a company referred to in subsection 244(3.1) or 256(3) maintains records referred to in section 243 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fitif the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; orif the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register at any place in Canada.Company to complyA company shall without delay comply with any order issued under subsection (1) or (1.1).Existing text of subsection 250(2):A company shall without delay comply with any direction issued under subsection (1).Section 252 of the Act is replaced by the following:RegulationsThe Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.1)(a).Existing text of section 252:The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company and the length of time those records, papers and documents are to be retained.Section 256 of the Act is amended by adding the following after subsection (2):ExceptionSubject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.New.1991, c. 46Bank ActSection 2 of the Bank Act is amended by adding the following in alphabetical order:regulated foreign entity means an entity that isincorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV is applicable, andsubject to financial services regulation in that country or territory; (entité étrangère réglementée)Bank ActNew.The Act is amended by adding the following after section 14.1:Schedule IVFor the purpose of implementing Canada’s international trade obligations, the Governor in Council may, by order, amend Schedule IV by adding or deleting the name of a trade agreement.New.Section 239 of the Act is amended by adding the following after subsection (3):ExceptionSubject to subsection 245(1.1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.New.2007, c. 6, s. 17Subsection 245(2) of the Act is replaced by the following:Direction — immediate, direct, complete and ongoing accessWhere a bank referred to in subsection 239(3.1) or 251(3) maintains records referred to in section 238 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and must, in the case referred to in paragraph (b), by order, direct the bank to maintain a copy of those records or register at any place in Canada as the directors think fitif the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; orif the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank not to maintain a copy of those records or register at any place in Canada.Bank to complyA bank shall without delay comply with any order issued under subsection (1) or (1.1).Existing text of subsection 245(2):A bank shall without delay comply with any direction issued under subsection (1).Section 247 of the Act is replaced by the following:RegulationsThe Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 245(1.1)(a).Existing text of section 247:The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank and the length of time those records, papers and documents are to be retained.Section 251 of the Act is amended by adding the following after subsection (2):ExceptionSubject to subsection 245(1.1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.New.Section 597 of the Act is amended by adding the following after subsection (2):ExceptionSubject to subsection 245(1.1), subsection (2) does not apply to an authorized foreign bank that is:incorporated in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable; ora subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.New.2007, c. 6, s. 95Section 598 of the Act is replaced by the following:Application of sections 244 to 247Sections 244 to 247 apply, with any modifications that the circumstances require, to an authorized foreign bank, and in the application of those sections,the reference in subsections 245(1) and (1.1) to “records referred to in section 238” shall be read as a reference to “records referred to in subsection 597(1)”;the reference in subsection 245(1.1) to “subsection 239(3.1)” shall be read as a reference to “subsection 597(2.1)”;the reference in subsection 245(1.1) to “directors” shall be read as a reference to “principal officer”; andthe reference in paragraph 246(1)(a) to “records of the bank referred to in subsection 238(1)” shall be read as a reference to “records of the authorized foreign bank” referred to in subsection 597(1)”.Existing text of section 598:Sections 244 to 247 apply, with any modifications that the circumstances require, to an authorized foreign bank as ifthe reference in subsection 245(1) to “records referred to in section 238” were a reference to “records referred to in subsection 597(1)”; andthe reference in paragraph 246(1)(a) to “records of the bank referred to in subsection 238(1)” were a reference to “records of the authorized foreign bank referred to in subsection 597(1)”.Section 816 of the Act is amended by adding the following after subsection (1):ExceptionSubject to subsection 822(1.1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.New.2007, c. 6, s. 117Subsection 822(2) of the Act is replaced by the following:Direction — immediate, direct, complete and ongoing accessWhere a bank holding company referred to in subsection 816(1.1) or 828(3) maintains records referred to in section 815 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the bank holding company to maintain a copy of those records or register at any place in Canada as the directors think fitif the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; orif the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank holding company not to maintain a copy of those records or register at any place in Canada.Bank holding company to complyA bank holding company shall without delay comply with any order issued under subsection (1) or (1.1).Existing text of subsection 822(2):A bank holding company shall without delay comply with any direction issued under subsection (1).2001, c. 9, s. 183Section 824 of the Act is replaced by the following:RegulationsThe Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 822(1.1)(a).Existing text of section 824:The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company and the length of time those records, papers and documents are to be retained.Section 828 of the Act is amended by adding the following after subsection (2):ExceptionSubject to subsection 822(1.1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.New.The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 1 to this Act.1991, c. 47Insurance Companies ActSection 2 of the Insurance Companies Act is amended by adding the following in alphabetical order:regulated foreign entity means an entity that isincorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable; andsubject to financial services regulation in that country or territory. (entité étrangère réglementée)Insurance Companies ActNew.Section 262 of the Act is amended by adding the following after subsection (3):ExceptionSubject to subsection 268(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.New.2007, c. 6, s. 212Subsection 268(2) of the Act is replaced by the following:Direction — immediate, direct, complete and ongoing accessWhere a company referred to in subsection 262(3.1) or 274(3) maintains records referred to in section 261 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fitif the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; orif the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register in Canada.Company to complyA company shall without delay comply with any order issued under subsection (1) or (1.1).Existing text of subsection 268(2):A company shall without delay comply with any direction issued under subsection (1).Section 270 of the Act is replaced by the following:RegulationsThe Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 268(1.1)(a).Existing text of section 270:The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company and the length of time those records, papers and documents are to be retained.Section 274 of the Act is amended by adding the following after subsection (2):ExceptionSubject to subsection 268(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.New.Section 549.1 of the Act is renumbered as subsection 549.1(1) and is amended by adding the following:For greater certaintyFor greater certainty, subsection 262(3.1) does not apply to societies.New.Section 647 of the Act is amended by adding the following after subsection (3):ExceptionSubject to subsection 268(1.1), subsection (3) does not apply to a foreign company incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV of the Bank Act is applicable or that is a subsidiary of a regulated foreign entity.New.Subsection 656(2) of the Act is replaced by the following:IdemSubsections 15(1) and (2), sections 254 to 256 and subsections 268(1) and (2) apply, with such modifications as the circumstances require, to every provincial company for which an order for the commencement and carrying on of business under this Part has been made to the same extent that they are applicable to, or in respect of, a company, but to the extent to which any provision referred to in this section would effect an enlargement, in any respect, of the corporate powers or rights of any provincial company under its incorporating instrument, that provision does not apply to the provincial company.Existing text of subsection 656(2):Subsections 15(1) and (2) and sections 254 to 256 and 268 apply, with such modifications as the circumstances require, to every provincial company for which an order for the commencement and carrying on of business under this Part has been made to the same extent that they are applicable to, or in respect of, a company, but to the extent to which any provision referred to in this section would effect an enlargement, in any respect, of the corporate powers or rights of any provincial company under its incorporating instrument, that provision does not apply to the provincial company.Section 870 of the Act is amended by adding the following after subsection (1):ExceptionSubject to subsection 876(1.1), subsection (1) does not apply to an insurance holding company that is a subsidiary of a regulated foreign entity.New.2007, c. 6, s. 322Subsection 876(2) of the Act is replaced by the following:Direction — immediate, direct, complete and ongoing accessWhere an insurance holding company referred to in subsection 870(1.1) or 274(3) maintains records referred to in section 869 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the insurance holding company to maintain a copy of those records or register at any place in Canada as the directors think fitif the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; orif the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the insurance holding company not to maintain a copy of those records or register at any place in Canada.Insurance holding companyAn insurance holding company shall without delay comply with any order issued under subsection (1) or (1.1).Existing text of subsection 876(2):An insurance holding company shall without delay comply with any direction issued under subsection (1).2001, c. 9, s. 465Section 878 of the Act is replaced by the following:RegulationsThe Governor in Council may make regulations respecting the records, papers and documents to be retained by an insurance holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 876(1.1)(a).Existing text of section 878:The Governor in Council may make regulations respecting the records, papers and documents to be retained by an insurance holding company and the length of time those records, papers and documents are to be retained.Section 879 of the Act is amended by adding the following after paragraph (a):the reference to “subsection 268(1.1)” in subsection 274(3) is to be read as a reference to “subsection 876(1.1)”;Relevant portion of section 879:Sections 271 to 277 apply in respect of insurance holding companies, subject to the following:...1997, c. 36Customs TariffThe definitions Canada-United States Free Trade Agreement, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Customs Tariff are repealed.Customs TariffExisting text of the definitions:Canada–United States Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the Canada–United States Free Trade Agreement Implementation Act. (Accord de libre-échange Canada — États-Unis)Mexico meansthe states of the Federation and the Federal District;the islands, including the reefs and keys, in adjacent seas;the islands of Guadalupe and Revillagigedo situated in the Pacific Ocean;the continental shelf and the submarine shelf of such islands, keys and reefs;the waters of the territorial sea, in accordance with international law, and its interior maritime waters;the space located above the national territory, in accordance with international law; andany areas beyond the territorial seas of Mexico within which, in accordance with international law, including the United Nations Convention on the Law of the Sea, and its domestic law, Mexico may exercise rights in respect of the seabed and subsoil and the natural resources thereof. (Mexique)NAFTA country means a party to the North American Free Trade Agreement. (pays ALÉNA)North American Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (Accord de libre-échange nord-américain)The definition Mexico in subsection 2(1) of the Act is replaced by the following:Mexico has the meaning assigned by paragraph (b) of the definition territory in Section C of Chapter 1 of the Canada–United States–Mexico Agreement. (Mexique)Paragraph (a) of the definition free trade partner in subsection 2(1) of the Act is replaced by the following:the United States;Mexico;Relevant portion of the definition:free trade partner meansa NAFTA country;Subsection 2(1) of the Act is amended by adding the following in alphabetical order:Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)New.2012, c. 18, s. 33, c. 26, s. 39 and s. 62(37); 2014, c. 28, s. 44Section 5 of the Act is amended by striking out the following from the list of countries:a NAFTA countryRelevant portion of section 5:For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:a NAFTA countrySection 5 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.New.2012, c. 26, s. 63(2)Subparagraphs 14(2)(c)(iv) and (v) of the Act are repealed.Relevant portion of subsection 14(2):The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to reduce a rate of customs duty on goods imported from a country, and to make consequential amendments,by way of compensation for any action taken under any of the following provisions:subsection 69(2),subsection 70(2),Paragraph 16(4)(a) of the Act is replaced by the following:Chapters 4 and 6 of the Canada–United States–Mexico Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement;Relevant portion of subsection 16(4):The Governor in Council may, on the recommendation of the Minister, make regulations for the uniform interpretation, application and administration ofChapters Three and Four of the North American Free Trade Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement;2011, c. 24, s. 115Subparagraph 24(1)(b)(v) of the Act is replaced by the following:subsection 45(7),Relevant portion of subsection 24(1):Unless otherwise provided in an order made under subsection (2) or otherwise specified in a tariff item, goods are entitled to a tariff treatment, other than the General Tariff, under this Act only ifthe goods are entitled to that tariff treatment in accordance with regulations made under section 16 or an order made under any of the following provisions:subsection 45(13),2012, c. 26, s. 63(3)Section 27 of the Act is amended by striking out the following:MT refers to the Mexico Tariff. (TM)MUST refers to the Mexico–United States Tariff. (TMÉU)Relevant portion of section 27:The following abbreviations, as defined below, apply in the schedule.MT refers to the Mexico Tariff. (TM)MUST refers to the Mexico–United States Tariff. (TMÉU)Section 27 of the Act is amended by adding the following in alphabetical order:MXT refers to the Mexico Tariff. (TMX)New.The heading before section 45 of the Act is replaced by the following:United States Tariff and Mexico TariffExisting text of the heading:United States Tariff, Mexico Tariff and Mexico–United States TariffSubsections 45(3) to (13) of the Act are replaced by the following:“F” staging for USTIf “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UST” in relation to goods entitled to the United States Tariff, the United States Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.Application of MXTSubject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty.“A” final rate for MXTIf “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”.“F” staging for MXTIf “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.Extension of UST and MXTDespite any other provision of this Act, for the purpose of giving effect to Annex 6-A of the Canada–United States–Mexico Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under any conditions that are specified in the order.Existing text of subsections 45(3) to (13):Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty.Subject to section 24, goods that are entitled to the Mexico–United States Tariff are entitled to the Mexico–United States Tariff rates of customs duty.If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” or “MUST” in relation to goods entitled to the Mexico Tariff or the Mexico–United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”.If “A1” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” in relation to goods of heading No. 17.01 or tariff item No. 1806.10.10 that are entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the final rate.If “B1” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” in relation to goods of heading No. 17.02 or tariff item No. 2106.90.21 that are entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reducedeffective on January 1, 1999, by one half of the difference between the initial rate and the final rate; andeffective on January 1, 2000, to the final rate.If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” or “MUST” in relation to goods entitled to the Mexico Tariff or the Mexico–United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the initial rate, reduced as provided in the “F” Staging List to the final rate.If “G”, “H” or “I” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” or “MUST” in relation to goods entitled to the Mexico Tariff or the Mexico–United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the initial rate, reducedif “G” is set out, effective on January 1, 1999, to the final rate of “Free”;if “H” is set out,effective on January 1, 1999, to four fifths of the initial rate,effective on January 1, 2000, to three fifths of the initial rate, andeffective on January 1, 2001, to the final rate of “Free”; andif “I” is set out,effective on January 1, 1999, to four fifths of the initial rate,effective on January 1, 2000, to three fifths of the initial rate,effective on January 1, 2001, to two fifths of the initial rate,effective on January 1, 2002, to one fifth of the initial rate, andeffective on January 1, 2003, to the final rate of “Free”.If a reduction under subsection (8) or (9) in respect of goods other than motor vehicles of heading No. 87.01, 87.02, 87.03, 87.04 or 87.05 results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.If a reduction under subsection (8) or (9) in respect of goods other than motor vehicles of heading No. 87.01, 87.02, 87.03, 87.04 or 87.05 results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.If a reduction under subsection (7), (8) or (9) results in a specific rate of customs duty that includes a fraction of one-tenth of a cent, the rate shall be rounded down to the nearest one-tenth of a cent.Notwithstanding any other provision of this Act, for the purpose of giving effect to Appendix 6 of Annex 300-B of Chapter Three of the North American Free Trade Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under such conditions as may be specified in the order.Paragraph 53(2)(c) of the Act is replaced by the following:include on the Import Control List established under section 5 of the Export and Import Permits Act goods that originate in any country or are entitled to a tariff treatment provided for by any regulations made under section 16, or a class of such goods; andRelevant portion of subsection 53(2):Notwithstanding this Act or any other Act of Parliament, the Governor in Council may, on the recommendation of the Minister and of the Minister of Foreign Affairs, by order, for the purpose of enforcing Canada’s rights under a trade agreement in relation to a country or of responding to acts, policies or practices of the government of a country that adversely affect, or lead directly or indirectly to adverse effects on, trade in goods or services of Canada, do any one or more of the following:include on the Import Control List established under section 5 of the Export and Import Permits Act goods that originate in any country or are entitled to a tariff treatment provided for by any regulations made under section 16; andSection 53 of the Act is amended by adding the following after subsection (3):RetroactivityAn order made under subsection (2) may, if it so provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this subsection comes into force.New.2011, c. 24, s. 124The definition contribute importantly in section 54 of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.Existing text of the definition contribute importantly in section 54:contribute importantly, in respect of goods imported from one of the following countries, means to be an important cause, but not necessarily the most important cause:a NAFTA countryThe definition contribute importantly in section 54 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.New.2011, c. 24, s. 124Paragraph (a) of the definition surge in section 54 of the Act is replaced by the following:the United States or Mexico, means a significant increase in imports over the trend for a recent representative base period; orRelevant portion of the definition:surge, in respect of goods imported froma NAFTA country, has the meaning given that word by Article 805 of the North American Free Trade Agreement; orParagraph 59(1)(b) of the Act is replaced by the following:in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andRelevant portion of subsection 59(1):An order under subsection 55(1) may be made applicable to goods of any kind imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act or a report of the Minister, thatin the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andParagraph 59(2)(b) of the Act is replaced by the following:in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andRelevant portion of subsection 59(2):If an order that applies to goods imported from a free trade partner by virtue of subsection (1) is made under subsection 55(1) on the basis of a report of the Minister, the order ceases to have effect with respect to those goods at the end of the two hundredth day after the day on which the order is made, except that it remains in effect for the period, not exceeding four years, that is specified in the order if, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council under the Canadian International Trade Tribunal Act thatin the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andParagraph 59(3)(a) of the Act is replaced by the following:in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andRelevant portion of subsection 59(3):If an order that applies to goods imported from a free trade partner in accordance with subsection (1) is made under subsection 55(1) on the basis of a report of the Minister, the Governor in Council shall repeal the order if the Governor in Council is satisfied on the basis of a report of the Canadian International Trade Tribunal, made under the Canadian International Trade Tribunal Act, that the quantity of those goods is not substantial in comparison with the quantity of goods of the same kind imported from other countries orin the case of goods imported from a NAFTA country, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andSubsection 61(2) of the Act is replaced by the following:LimitationIf the Governor in Council makes an order under subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided, as the case may be, bysubparagraph 5(b) of Article 10.2 of the Canada–United States–Mexico Agreement;subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement; orsubparagraph 5(b) of Article 4.6 of the Canada–Israel Free Trade Agreement.Existing text of subsection 61(2):If the Governor in Council makes an order under subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided by subparagraph 5(b) of Article 802 of the North American Free Trade Agreement, subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement or subparagraph 5(b) of Article 4.6 of the Canada–Israel Free Trade Agreement, as the case may be.Paragraph 63(4)(b) of the Act is replaced by the following:in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; andRelevant portion of subsection 63(4):An order made under subsection (1) may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on the basis of a report made under the Canadian International Trade Tribunal Act, thatin the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and2018, c. 27, ss. 70 and 71The heading before section and sections 69 and 70 of the Act are repealed.Existing text of the heading and sections 69 and 70:Bilateral Emergency Measures for U.S. GoodsThis section does not apply in respect of textile and apparel goods set out in Appendix 1.1 of Annex 300-B of Chapter Three of the North American Free Trade Agreement.Subject to subsection (3), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 19.01 or subsection 19.1(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under section 23 of that Act, that goods that are entitled to the United States Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order,in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before January 1, 1989; andin respect of any other goods, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the lesser ofthe Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on December 31, 1988, andthe Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made.An order made under subsection (2)may not be made more than once during the period beginning on January 1, 1988 and ending on December 31, 1998 in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; andmay be made after December 31, 1998 only if it is based on an agreement between the Government of Canada and the Government of the United States relating to the application of subsection (2).In this section, principal cause means, in respect of a serious injury, an important cause that is not less important than any other cause of the serious injury.For the purposes of paragraph (2)(a), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable isin respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; andin respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 3(b) in Chapter 8 of the List of Tariff Provisions.Bilateral Emergency Measures for Mexican and MUST GoodsThis section does not apply in respect of textile and apparel goods set out in Appendix 1.1 of Annex 300-B of Chapter Three of the North American Free Trade Agreement.Subject to subsection (3), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.01(3) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.02) of that Act, that goods that are entitled to the Mexico Tariff or the Mexico–United States Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order,suspend, during the period that the order is in effect, any reduction of the rate of customs duty in respect of those goods that would otherwise be made after that time by virtue of section 45;in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before January 1, 1994; andin respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the lesser ofthe Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on December 31, 1993, andthe Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made.An order under subsection (2)may not be made more than once during the period beginning on January 1, 1994 and ending on December 31, 2003 in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; andmay be made after December 31, 2003 only if it is based on an agreement between the Government of Canada and the Government of Mexico relating to the application of subsection (2).If an order made under subsection (2) ceases to have effect in a particular calendar year,the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would have been applicable one year after the making of the order, as reduced in accordance with section 45; andthe rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (5).For the purposes of subsection (4), the Minister shall, by order, specify that the rate referred to in paragraph (4)(b) isthe rate of customs duty that would have been applicable on January 1 of the year following the year in which the order ceases to have effect, if the rate of customs duty had been reduced in accordance with section 45, reduced for subsequent years in accordance with that section; orthe rate of customs duty that would have been applicable one year after the making of the order, reduced in equal annual stages beginning on January 1 of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to the final rate in accordance with section 45.In this section, principal cause means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.For the purposes of paragraph (2)(b), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable isin respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; andin respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 3(b) in Chapter 8 of the List of Tariff Provisions.2012, c. 26, s. 63(4)Paragraphs 79(e) and (f) of the Act are repealed.Relevant portion of section 79:An order made under any of the following provisions may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time:subsection 69(2);subsection 70(2);The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:Repayment of reliefIf relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the United States or Mexico,Relevant portion of subsection 95(1):If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to a NAFTA country on or after the effective date determined under subsection (3),2005, c. 38, par. 145(2)(j)Subsections 95(3) to (5) of the Act are replaced by the following:Reduction of amount repayableThe amount of the customs duties levied under subsection (1) shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of the United States or of Mexico.Amount of reductionSubject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the United States or of Mexico or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero.Existing text of subsections 95(3) to (5):For the purposes of subsection (1), the effective date for the exportation of goods to a NAFTA country isin respect of exports to the United States or Mexico of goods referred to in paragraph 8 of Article 303 of the North American Free Trade Agreement, January 1, 1994;in respect of other exports to the United States, January 1, 1996;in respect of other exports to Mexico, January 1, 2001; andin respect of exports to any other NAFTA country, the date fixed by order of the Governor in Council on the recommendation of the Minister.The amount of the customs duties levied under subsection (1) in respect of goods other than goods referred to in paragraph 8 of Article 303 of the North American Free Trade Agreement shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of a NAFTA country other than Canada.Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the NAFTA country or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero.Paragraph 95(6)(a) of the Act is replaced by the following:imported goods that originate in the United States or Mexico that aresubsequently exported to the United States or Mexico,used as materials in the production of goods that are subsequently exported to the United States or Mexico, orsubstituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to the United States or Mexico;Relevant portion of subsection 95(6):Subsection (1) and sections 96 to 98 do not apply in respect ofimported goods that originate in a NAFTA country that aresubsequently exported to a NAFTA country,used as materials in the production of goods that are subsequently exported to a NAFTA country, orsubstituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to a NAFTA country;imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading No. 5811.00 and furniture moving pads provided for under subheading No. 6307.90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country;imported goods referred to in subsection 89(1) that are deemed to have been exported by reason of their having beenused or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of a NAFTA country, or with a project in Canada undertaken by the government of the NAFTA country and destined to become the property of the government of the NAFTA country; andsuch other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of a NAFTA country relating to the application of this subsection.Paragraph 95(6)(d) of the Act is replaced by the following:imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading 5811.00 and furniture moving pads provided for under subheading 6307.90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country;Subparagraph 95(6)(f)(iv) of the Act is replaced by the following:used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of the United States or of Mexico, or with a project in Canada undertaken by the government of the United States or of Mexico and destined to become the property of the government of the United States or of Mexico; andParagraph 95(6)(g) of the Act is replaced by the following:such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of the United States or of Mexico relating to the application of this subsection.Subsection 95(7) of the Act is replaced by the following:Definitions of identical or similar goods and usedIn this section, identical or similar goods and used have the same meanings as in paragraph 7 of Article 2.5 of the Canada–United States–Mexico Agreement.Existing text of subsection 95(7):In this section, identical or similar goods and used have the meanings assigned to those expressions by paragraph 9 of Article 303 of the North American Free Trade Agreement.Sections 96 and 97 of the Act are replaced by the following:Maximum drawbackSubject to subsection 95(6), a drawback, granted under section 113, of customs duties paid in respect of imported goods that are or were exported to the United States or Mexico, may not exceed the lesser ofthe amount of customs duties paid or owed in respect of the imported goods at the time of importation, andthe amount of customs duties paid to the country that is a party to the Canada–United States–Mexico Agreement to which the imported goods were subsequently exported.No relief or drawback of SIMA dutiesSubject to subsection 95(6), relief may not be granted under section 89 or 92 and a drawback may not be granted under section 113 of duties paid under the Special Import Measures Act on imported goods that are or were exported to the United States or Mexico.Existing text of sections 96 and 97:Subject to subsection 95(6), a drawback, granted under section 113, of customs duties paid in respect of imported goods that are or were exported to the United States on or after January 1, 1996, that are exported to Mexico on or after January 1, 2001, or that are exported to any other NAFTA country on or after a date fixed by order of the Governor in Council, may not exceed the lesser ofthe amount of customs duties paid or owed in respect of the imported goods at the time of importation, andthe amount of customs duties paid to the NAFTA country to which the imported goods were subsequently exported.No drawback of customs duties paid in respect of goods referred to in paragraph 8 of Article 303 of the North American Free Trade Agreement may be granted under section 113.Subject to subsection 95(6), relief may not be granted under section 89 or 92 and a drawback may not be granted under section 113 of duties paid under the Special Import Measures Act on imported goods that are or were exported to the United States on or after January 1, 1996, that are exported to Mexico on or after January 1, 2001 or that are exported to any other NAFTA country on or after a date fixed by order of the Governor in Council.The portion of subsection 98(1) of the Act before paragraph (a) is replaced by the following:Exports to United States or MexicoSubject to subsection 95(6), if relief or a drawback of duties levied under the Special Import Measures Act has been granted in respect of imported goods and the goods are or were exported to the United States or Mexico and the relief or drawback could not be granted because of section 97,Relevant portion of subsection 98(1):Subject to subsection 95(6), if relief or a drawback of duties levied under the Special Import Measures Act has been granted in respect of imported goods and the goods are or were exported to the United States on or after January 1, 1996, to Mexico on or after January 1, 2001 or to any other NAFTA country on or after a date fixed by order of the Governor in Council and, at the time the goods are exported, the relief or drawback could not be granted because of section 97,Paragraph 132(1)(m) of the Act is amended by adding the following after subparagraph (i):amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by forced labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item,New.2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(1), c. 28, s. 54(1); 2018, c. 23, s. 46(1)Paragraph 133(j) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.Relevant portion of section 133:The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulationsfor the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:a NAFTA countryfor the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:a NAFTA countryParagraph 133(j) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(2), c. 28, s. 54(2); 2018, c. 23, s. 46(2)Paragraph 133(j.1) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the references to “MT” and “MUST” opposite the reference to “Mexico”.The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “Puerto Rico”.The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “United States of America”.The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “MXT” opposite the reference to “Mexico”.The List of Tariff Provisions set out in the schedule to the Act is amended by striking out all the references to “UST:”, “MT:” and “MUST:” and all the rates of customs duty and staging categories that are set out after those references and are in respect of the tariffs in question.The List of Tariff Provisions set out in the schedule to the Act is amended byadding in the column “Preferential Tariff / Initial Rate”, above the reference to “CT”, a reference to “UST:”;adding in the column “Preferential Tariff / Final Rate”, above the reference to “CT”, a reference to “UST:”;adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UST”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UST”, for all tariff items except those tariff items set out in Schedules 2 to 4 to this Act;adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UST” for those tariff items set out in Schedule 2 to this Act; andadding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UST”, for each tariff item set out in Schedule 3 to this Act, the rates of customs duty and staging categories set out with respect to that tariff item in that Schedule.The List of Tariff Provisions set out in the schedule to the Act is amended byadding in the column “Preferential Tariff / Initial Rate”, below the reference to “UST”, a reference to “MXT:”;adding in the column “Preferential Tariff / Final Rate”, below the reference to “UST”, a reference to “MXT:”;adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “MXT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “MXT”, for all tariff items except those tariff items set out in Schedule 5 to this Act; andadding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “MXT” for those tariff items set out in Schedule 5 to this Act.Supplementary Note 1 to Chapter 16 of the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:“Specially defined mixtures” of tariff item Nos. 1602.31.11, 1602.31.92, 1602.32.11 and 1602.32.92 means a product containing partially or fully cooked, including par-fried, chicken or turkey where 13% or more of the total weight of the product is comprised of goods other than the following listed goods: chicken, turkey, breading, batter, oil, glazing, sauces, other coatings or bastes, or any added water (including that used in marination, glazing, sauces, other coatings, bastes, breading or batter). For the purposes of this definition, whether 13% or more of the total weight of the product is comprised of goods other than the listed goods shall be determined by calculating the total weight of listed goods contained in that product as a percentage of the total weight of the product.Supplementary Note 1 to Section XI of the List of Tariff Provisions set out in the schedule to the Act and the heading before that supplementary note are struck out.Subparagraph (b)(iv) of the Description of Goods of tariff item No. 9801.10.20 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:have an internal volume of at least 1 m3;Paragraph (f) set out below the reference to “Used or second-hand motor vehicles of all kinds, manufactured prior to the calendar year in which importation into Canada is sought to be made, other than motor vehicles” of the Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:imported from MexicoThe Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding the following after the reference “Goods manufactured or produced wholly or in part by prison labour”:Goods mined, manufactured or produced wholly or in part by forced labour;The Description of Goods of tariff item No. 9938.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):indigenous handicraft goods.The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by striking out all the references to “MT:” and “MUST:” and all the rates of customs duty and dates that are set out after those references and are in respect of the tariffs in question.The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 4 to this Act.2002, c. 28Pest Control Products ActSubsections 67(3) and (4) of the Pest Control Products Act are replaced by the following:Regulations re WTO AgreementWithout limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.Definition of WTO AgreementIn subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.Pest Control Products ActExisting text of subsections 67(3) and (4):Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council deems necessary for the purpose of implementing, in relation to pest control products, Article 1711 of the North American Free Trade Agreement or Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.The definitions in this subsection apply in subsection (3).North American Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (Accord de libre-échange nord-américain)WTO Agreement has the same meaning as Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)2019, c. 28, s. 10Canadian Energy Regulator ActParagraph 353(1)(g) of the Canadian Energy Regulator Act is replaced by the following:exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).Canadian Energy Regulator ActRelevant portion of subsection 353(1):The Governor in Council may make regulations for the purposes of this Division, including regulationsexempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, to Chile or to Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).The definition NAFTA in section 373 of the Act is repealed.Existing text of the definition:NAFTA has the same meaning as Agreement as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (ALÉNA)Section 373 of the Act is amended by adding the following in alphabetical order:CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)New.Subsections 374(1) and (2) of the Act are replaced by the following:PrincipleIn exercising its powers and performing its duties and functions, the Regulator must give effect to CUSMA, the CCFTA and the CCRFTA.DirectionsThe Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to CUSMA, the CCFTA or the CCRFTA by the Regulator for the purposes of this Act.Existing text of subsections 374(1) and (2):In exercising its powers and performing its duties and functions, the Regulator must give effect to NAFTA, CCFTA and CCRFTA.The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to NAFTA, CCFTA or CCRFTA by the Regulator for the purposes of this Act.Sections 375 and 376 of the Act are replaced by the following:Declaration of Governor in CouncilThe Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article C-13 of the CCFTA or Article III.11 of the CCRFTA, as the case may be.Request for declarationIf, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made.Existing text of sections 375 and 376:The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article 605 of NAFTA, Article C-13 of CCFTA or Article III.11 of CCRFTA, as the case may be.If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made.Subsections 377(1) and (2) of the Act are replaced by the following:Exportation to Chile or Costa RicaThe Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply.ExceptionSubsection (1) does not apply in respect of the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in an order made under section 375 while the order is in force.Existing text of subsections 377(1) and (2):The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply.Subsection (1) does not apply in respect of the exportation to the United States, Chile or Costa Rica of any energy goods that are, or of any quality, kind or class of energy goods that is, referred to in an order made under section 375 while the order is in force.The portion of section 378 of the Act before paragraph (a) is replaced by the following:No declaration madeDespite not being satisfied that the criteria set out in section 345 have been met, the Commission may issue a licence for the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in a request made under section 376 ifRelevant portion of section 378:Despite not being satisfied of the criteria set out in section 345, the Commission may issue a licence for the exportation to the United States, Chile or Costa Rica of any energy goods that were, or of any quality, kind or class of energy goods that was, referred to in a request made under section 376 ifComing into ForceOrder in councilSubject to subsections (2) to (4), this Act comes into force on a day to be fixed by order of the Governor in Council.First anniversarySections 21 and 153 to 182 come into force on the earlier ofa day to be fixed by order of the Governor in Council, andthe day before the first anniversary of the day fixed under subsection (1).Sixth anniversarySubsection 114(1), section 115, subsection 118(1) and sections 119, 121 to 126, 128, 130, 132 and 135 come into force on the sixth anniversary of the day fixed under subsection (1).Order in councilSubsection 137(1) comes into force on a day to be fixed by order of the Governor in Council.(Section 170)(Sections 2 and 14.11 and subsections 239(3.1), 251(3), 597(2.1), 816(1.1) and 828(3))Agreement within the meaning of subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation ActAgreement within the meaning of section 2 of the Canada–Peru Free Trade Agreement Implementation ActAgreement within the meaning of section 2 of the Canada–Colombia Free Trade Agreement Implementation ActAgreement within the meaning of section 2 of the Canada–Panama Economic Growth and Prosperity ActAgreement within the meaning of section 2 of the Canada–Honduras Economic Growth and Prosperity ActAgreement within the meaning of section 2 of the Canada–Korea Economic Growth and Prosperity ActAgreement within the meaning of section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation ActAgreement within the meaning of section 2 of the Canada–United States–Mexico Agreement Implementation Act(Paragraphs 204(2)(c) and (d))
Tariff ItemInitial RateFinal Rate0404.10.22208% but not less than $2.07/kgFree (F)1517.10.2082.28¢/kgFree (F)1517.90.22218% but not less than $2.47/kgFree (F)
(Paragraph 204(2)(c) and subsection 205(2))
TariffItemMost-Favoured-Nation TariffPreferential Tariff0404.10.22Effective on the day on which the Canada–United States–Mexico Agreement enters into forceUST: 189% but not less than $1.88/kgEffective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 170% but not less than $1.69/kgEffective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 151% but not less than $1.50/kgEffective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 132% but not less than $1.31/kgEffective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 113% but not less than $1.12/kgEffective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 94.5% but not less than $0.94/kgEffective on January 1 of the sixth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 75.5% but not less than $0.75/kgEffective on January 1 of the seventh year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 56.5% but not less than $0.56/kgEffective on January 1 of the eighth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 37.5% but not less than $0.37/kgEffective on January 1 of the ninth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 18.5% but not less than $0.18/kgEffective on January 1 of the tenth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: Free1517.10.20Effective on the day on which the Canada–United States–Mexico Agreement enters into forceUST: 68.56¢/kgEffective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 54.85¢/kgEffective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 41.14¢/kgEffective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 27.42¢/kgEffective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 13.71¢/kgEffective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: Free1517.90.22Effective on the day on which the Canada–United States–Mexico Agreement enters into forceUST: 181.5% but not less than $2.05/kgEffective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 145% but not less than $1.64/kgEffective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 109% but not less than $1.23/kgEffective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 72.5% but not less than $0.82/kgEffective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: 36% but not less than $0.41/kgEffective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into forceUST: Free