Bill C-20

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-20

An Act to implement the Free Trade Agreement between Canada and the Republic of Honduras, the Agreement on Environmental Cooperation between Canada and the Republic of Honduras and the Agreement on Labour Cooperation between Canada and the Republic of Honduras

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

SHORT TITLE

1. This Act may be cited as the Canada–Honduras Economic Growth and Prosperity Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Agreement” means the Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.

“Commission” means the Free Trade Commission established under Article 21.1 of the Agreement.

“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.

“Minister” means the Minister for International Trade.

“related agreement” means

(a) the Agreement on Environmental Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013; or

(b) the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.

3. For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.

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

5. For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.

HER MAJESTY

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

PURPOSE

7. The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specif-ically through their provisions, are to

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

(b) promote, through the expansion of recip-rocal trade, the harmonious development of the economic relations between Canada and the Republic of Honduras in order to create opportunities for economic development;

(c) promote conditions of fair competition affecting trade between Canada and the Republic of Honduras;

(d) substantially increase investment opportunities in Canada and the Republic of Honduras;

(e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;

(f) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Honduras on environmental matters;

(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Honduras on labour matters; and

(h) promote sustainable development.

CAUSES OF ACTION

8. (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of Part 1 or an order made under that Part.

(2) Subject to Section C of Chapter 10 of the Agreement and Annex 3 of the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, no person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement or the related agreement.

PART 1

IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS

Approval

9. The Agreement and the related agreements are approved.

Administrative and Institutional Provisions

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

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

Panels, Committees, Subcommittees, Working Groups and Expert Groups

12. (1) The Minister may

(a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 7 of Article 21.1 of the Agreement;

(b) appoint a panel member in accordance with paragraph 2 of Article 21.11 of the Agreement; and

(c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 21.11.

(2) The Minister of the Environment may

(a) appoint representatives of Canada to the committee referred to in Article 13 of the Agreement on Environmental Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013;

(b) appoint a panellist in accordance with paragraph 11 of Annex I to that Agreement; and

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

(3) The Minister of Labour may

(a) appoint representatives of Canada to any committee, working group or expert group referred to in paragraph 2 of Article 7 of the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013;

(b) appoint a panellist in accordance with paragraph 4 of Annex 2 to that Agreement; and

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

13. The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 21 of the Agreement and to provide administrative assistance to panels established under that Chapter.

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

(a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups and expert groups, to independent experts and to the assistants of panel members; and

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

Orders

15. (1) The Governor in Council may, for the purpose of suspending benefits in accord-ance with Article 21.18 of the Agreement, by order, do any one or more of the following:

(a) suspend rights or privileges granted by Canada to the Republic of Honduras or to goods of the Republic of Honduras under the Agreement or any federal law;

(b) modify or suspend the application of any federal law, with respect to the Republic of Honduras or to goods of the Republic of Honduras;

(c) extend the application of any federal law to the Republic of Honduras or to goods of the Republic of Honduras; and

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

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

PART 2

RELATED AMENDMENTS

Crown Liability and Proceedings Act

16. Part 2 of the Schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

The Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, as amended from time to time in accordance with Article 22 of that Agreement.

Export and Import Permits Act

17. (1) Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:

“CHFTA” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act;

“Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;

(2) Subsection 2(2) of the Act is replaced by the following:

(2) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica or from Honduras if they are shipped directly to Canada from the NAFTA country, from Chile, from Costa Rica or from Honduras, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

18. Subsections 5.2(1) and (2) of the Act are replaced by the following:

5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 of Annex 300-B of NAFTA, for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 of Annex C-00-B of CCFTA, for the rate of duty provided for in the Schedule to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 of Annex III.1 of CCRFTA or for the rate of duty provided for in the Schedules to Annex 3.4.1 of CHFTA in accordance with Annex 3.1 of CHFTA, as the case may be, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.

(2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing NAFTA, CCFTA, CCRFTA or CHFTA it is advisable to collect information with respect to the importation into Canada of any goods listed in Appendix 1.1 of Annex 300-B of NAFTA, in Appendix 1.1 of Annex C-00-B of CCFTA or in Appendix III.1.1.1 of Annex III.1 of CCRFTA or referred to in section 1 of Annex 3.1 of CHFTA, as the case may be, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.

19. (1) The portion of section 9.1 of the Act before paragraph (a) is replaced by the following:

9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a NAFTA country respecting the administration of Appendix 6 to Annex 300-B of NAFTA, with Chile respecting the administration of Appendix 5.1 to Annex C-00-B of CCFTA, with Costa Rica respecting the administration of Appendix III.1.6.1 to Annex III.1 of CCRFTA or with Honduras respecting the administration of section 5 of Annex 3.1 of CHFTA, issue a certificate with respect to an exportation of goods to the NAFTA country, to Chile, to Costa Rica or to Honduras, as the case may be, stating the specific quantity of those goods that

(2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) in the case of an exportation of goods to Honduras, on importation into Honduras is eligible for the rate of duty provided for in the Schedules to Annex 3.4.1 of CHFTA in accordance with section 5 of Annex 3.1 of CHFTA.

Financial Administration Act

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

Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.

Importation of Intoxicating Liquors Act

21. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:

“Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;

22. The schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1 and a corresponding reference to “Honduras Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2.

Customs Act

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

“CHFTA” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act;

“Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;

24. Subsections 42.3(1) to (4) of the Act are replaced by the following:

42.3 (1) 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.

(2) 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 that

(a) the 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; and

(b) that 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.

(3) 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,

(a) 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); or

(b) given 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.

(4) 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.

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

26. Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CHFTA” in column 1 and a corresponding reference to “Article 4.1” in column 2.

27. Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1 and a corresponding reference to “paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA” in column 2.

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

29. Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CHFTA” in column 1 and a corresponding reference to “Chapter Five” in column 2.

Commercial Arbitration Act

30. Schedule 2 of the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Articles 10.19 or 10.20” and a corresponding reference to “Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013” at the end of column 2.

Canadian International Trade Tribunal Act

31. (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 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 or in section 1 of Annex 3.1 of the CHFTA, as the case may be;

(2) Section 2 of the Act is amended by adding the following after subsection (4.3):

(4.4) In this Act,

(a) “CHFTA” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; and

(b) “Honduras Tariff” means the rates of customs duty referred to in section 49.6 of the Customs Tariff.

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

32. The Act is amended by adding the following after section 19.018:

19.019 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly compet-itive goods, and under such conditions as to constitute a principal cause of serious injury, or threat 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.

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

33. The Act is amended by adding the following after section 20.05:

20.06 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Honduras 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 of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.

(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

(4) In an inquiry under section 30.07 into goods imported from Honduras conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Honduras are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

34. Section 21.1 of the Act is replaced by the following:

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.096) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

35. Section 23 of the Act is amended by adding the following after subsection (1.094):

(1.095) 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 Honduras Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, 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.

(1.096) 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, under section 49.6(8) of the Customs Tariff, to the Honduras Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, 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 or apparel goods.

36. Paragraph 25(2)(c) of the Act is replaced by the following:

(c) in the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (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.

37. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.94) and by adding the following after subparagraph (i.94):

(i.95) in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras Tariff are, as a result of that entitlement, 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,

(i.96) in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras Tariff are, as a result of that entitlement, 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 alone cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, or

38. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.94) and by adding the following after paragraph (a.94):

(a.95) in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras Tariff are, as a result of that entitlement, 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;

(a.96) in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras Tariff are, as a result of that entitlement, 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; or

Customs Tariff

39. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:

“Canada–Honduras Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act.

“Honduras” means the land, maritime areas, and air space under the sovereignty of the Republic of Honduras and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with its domestic law and international law.

40. Subparagraph 14(2)(c)(xii) of the Act is replaced by the following:

(xii) subsection 72(2),

(xiii) subsection 73(1),

(xiv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

41. Paragraph 24(1)(b) of the Act is amended by adding the following after subparagraph (ix):

(x) subsection 49.6(8).

42. Section 27 of the Act is amended by adding the following in alphabetical order:

“HNT” refers to the Honduras Tariff.

43. The Act is amended by adding the following after section 49.5:

Honduras Tariff

49.6 (1) Subject to section 24, goods that originate in Honduras are entitled to the Honduras Tariff rates of customs duty.

(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “HNT” in relation to goods entitled to the Honduras Tariff, the Honduras Tariff rate of customs duty that applies to those goods is the final rate of “Free”.

(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “HNT” in relation to goods entitled to the Honduras Tariff, the Honduras Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

(4) If “U1” or “U2” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “HNT” in relation to goods entitled to the Honduras Tariff, the Honduras Tariff rate of customs duty that applies to those goods is the initial rate, reduced

(a) if “U1” is set out,

(i) effective on the coming into force of this subsection, to two thirds of the initial rate,

(ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to one third of the initial rate, and

(iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to the final rate of “Free”; and

(b) if “U2” is set out,

(i) effective on the coming into force of this subsection, to six sevenths of the initial rate,

(ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to five sevenths of the initial rate,

(iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to four sevenths of the initial rate,

(iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to three sevenths of the initial rate,

(v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to two sevenths of the initial rate,

(vi) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to one seventh of the initial rate, and

(vii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to the final rate of “Free”.

(5) If a reduction under subsection (3) or (4) 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.

(6) If a reduction under subsection (3) or (4) 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.

(7) If a reduction under subsection (3) or (4) 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.

(8) Notwithstanding any other provision of this Act, for the purpose of giving effect to Annex 3.1 of the Canada–Honduras Free Trade Agreement, the Minister may, by order, amend the schedule to extend entitlement to the Honduras Tariff to any imported goods under such conditions as may be specified in the order.

(9) The Governor in Council may, on the recommendation of the Minister, by order, specify limits on the aggregate quantity of goods of tariff item Nos. 1701.91.10, 1701.99.10, 1702.90.21, 1702.90.61, 1702.90.70 and 1702.90.81 that are entitled to the Honduras Tariff, and the limits apply during the periods and subject to the conditions that may be specified in the order.

44. The Act is amended by adding the following after section 71.6:

Bilateral Emergency Measures — Honduras

72. (1) This section does not apply in respect of textile and apparel goods set out in section 1 of Annex 3.1 of the Canada–Honduras Free Trade Agreement.

(2) Subject to subsections (3) to (7), 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 19.019(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.095) of that Act, that goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to 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

(a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 49.6;

(b) 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 the Act or 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 Honduras Tariff, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect for the corresponding season immediately before the coming into force of this subsection; and

(c) in 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 Honduras Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

(i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and

(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection.

(3) An order under subsection (2)

(a) may not be made more than twice during the period beginning on the coming into force of this subsection and ending on the date that is eight years after the coming into force of this subsection in respect of goods of a particular kind;

(b) remains in effect only for the period, not exceeding three years, that is specified in the order; and

(c) may be made after the date that is eight years after the coming into force of this subsection if the order is based on an agreement between the Government of Can-ada and the Government of the Republic of Honduras relating to the application of subsection (2).

(4) A measure referred to in an order made under subsection (2) may be applied a second time if

(a) the period of time that has elapsed since the initial application of the measure ended is equal to at least one half the initial period of application;

(b) the rate of duty for the first year of the second action is not greater than the rate that would be in effect in accordance with section 49.6, at the time the first action was imposed; and

(c) the rate of duty applicable to any subsequent year is reduced in equal steps such that the duty rate in the final year of the action is equivalent to the rate provided for section 49.6 for that year.

(5) If an order made under subsection (2) ceases to have effect in a particular calendar year

(a) 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 otherwise have been applicable one year after the making of the order, as reduced in accordance with section 49.6; and

(b) the 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 (6).

(6) For the purposes of subsection (5), the Minister shall, by order, specify that the rate referred to in paragraph (5)(b) is

(a) the rate of customs duty that would have been applicable on January 1 of the year after the year in which the order ceases to have effect, if the rate of customs duty had been reduced in accordance with section 49.6, reduced for subsequent years in accordance with that section; or

(b) the 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 after 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 49.6.

(7) 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.

Bilateral Emergency Measures for Textile and Apparel Goods Imported from Honduras

73. (1) If it appears to the satisfaction of the Governor in Council, on the basis of a re-port of the Minister further to a complaint under subsection 23(1.096) of the Canadian International Trade Tribunal Act or as a result of an inquiry made by the Canadian Interna-tional Trade Tribunal under subparagraph 26(1)(a)(i.96) of that Act, that textile and apparel goods set out in section 1 of Annex 3.1 of the Canada–Honduras Free Trade Agreement and entitled to the Honduras Tariff are being imported in such increased quantities, in absolute terms or relative to the domestic market for the goods, and under such conditions as to cause serious damage or an actual threat of serious damage to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

(a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty in respect of the goods that would otherwise be made after that time by virtue of section 49.6; or

(b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Honduras Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

(i) the Most-Favoured-Nation Tariff rate for the goods in effect when the order is made, and

(ii) the Most-Favoured-Nation Tariff rate for the goods in effect immediately before the coming into force of this subsection.

(2) Subject to subsection (3), an order made under subsection (1) remains in effect for a period, not exceeding three years, specified in the order.

(3) If an order is made under subsection (1) on the basis of a report of the Minister, the order ceases to have effect at the end of the one hundred and eightieth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council, on the basis of an inquiry made under subparagraph 26(1)(a)(i.96) of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister are being imported from the country named in the report under such conditions as to cause or threaten serious damage to domestic producers of like or directly competitive goods.

(4) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made as a result of an inquiry of the Canadian International Trade Tribunal made under subparagraph 26(1)(a)(i.96) of the Canadian International Trade Tribunal Act or an order that remains in effect by virtue of subsection (3) on the basis of a report of that Tribunal, but the total period of the order may not exceed three years.

(5) If an order made under subsection (1) ceases to have effect in a particular calendar year,

(a) 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 49.6; and

(b) the 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 (6).

(6) For the purposes of subsection (5), the Minister shall, by order, specify that the rate referred to in paragraph (5)(b) is

(a) the rate of customs duty that would have been applicable on January 1 of the year after the year in which the order ceases to have effect if the rate of customs duty had been reduced in accordance with section 49.6, reduced for subsequent years in accordance with that section; or

(b) the 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 after 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 49.6.

(7) An order under subsection (1) may not be made more than once during the period beginning on the coming into force of this subsection and ending on the date that is five years after the coming into force of this subsection in respect of goods of a particular kind.

45. Section 79 of the Act is amended by adding the following after paragraph (k):

(l) subsection 72(2);

(m) subsection 73(1).

46. (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, a reference to “Honduras” in the list of countries.

(2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a reference to “Honduras” in the list of countries.

47. 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 “HNT” opposite the reference to “Honduras”.

48. (1) The List of Tariff Provisions set out in the schedule to the Act is amended by

(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “HNT:”;

(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “HNT:”;

(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “HNT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “HNT”, for all tariff items except those tariff items set out in Sched-ules 1 and 2 to this Act;

(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “HNT” for those tariff items set out in Schedule 1 to this Act; and

(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “HNT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

(2) The Description of Goods of tariff item No. 1701.91.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “goods entitled to the Peru Tariff has not exceeded the aggregate quantity specified in the order during the period” with a reference to “goods entitled to the Peru Tariff or the Honduras Tariff, as the case may be, has not exceeded the aggregate quantity specified in the applicable order during the period”.

(3) The Description of Goods of tariff item No. 1701.99.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “goods entitled to the Peru Tariff has not exceeded the aggregate quantity specified in the order during the period” with a reference to “goods entitled to the Peru Tariff or the Honduras Tariff, as the case may be, has not exceeded the aggregate quantity specified in the applicable order during the period”.

(4) The Description of Goods of tariff item No. 1702.90.21 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “goods entitled to the Peru Tariff has not exceeded the aggregate quantity specified in the order during the period” with a reference to “goods entitled to the Peru Tariff or the Honduras Tariff, as the case may be, has not exceeded the aggregate quantity specified in the applicable order during the period”.

(5) The Description of Goods of tariff item No. 1702.90.61 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “goods entitled to the Peru Tariff has not exceeded the aggregate quantity specified in the order during the period” with a reference to “goods entitled to the Peru Tariff or the Honduras Tariff, as the case may be, has not exceeded the aggregate quantity specified in the applicable order during the period”.

(6) The Description of Goods of tariff item No. 1702.90.70 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “goods entitled to the Peru Tariff has not exceeded the aggregate quantity specified in the order during the period” with a reference to “goods entitled to the Peru Tariff or the Honduras Tariff, as the case may be, has not exceeded the aggregate quantity specified in the applicable order during the period”.

(7) The Description of Goods of tariff item No. 1702.90.81 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “goods entitled to the Peru Tariff has not exceeded the aggregate quantity specified in the order during the period” with a reference to “goods entitled to the Peru Tariff or the Honduras Tariff, as the case may be, has not exceeded the aggregate quantity specified in the applicable order during the period”.

(8) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in the list of countries.

(9) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in the list of countries.

(10) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in the list of countries.

Department of Human Resources and Skills Development Act

49. Subsection 19.1(1) of the Department of Human Resources and Skills Development Act is replaced by the following:

19.1 (1) All moneys received by Her Maj-esty as a result of a monetary assessment by a panel determination under any treaty respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and, if required under the treaty, credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.

50. The schedule to the Act is amended by adding the following in alphabetical order:

The Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, as amended from time to time in accordance with Article 22 of that Agreement.

PART 3

COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

51. (1) Subsections (2) and (3) apply if Bill C-4, introduced in the 2nd session of the 41st Parliament and entitled the Economic Action Plan 2013 Act, No. 2 (in this section referred to as “other Act”), receives royal assent.

(2) If section 205 of the other Act comes into force before section 49 of this Act, then that section 49 and the heading before it are replaced by the following:

Department of Employment and Social Development Act

49. Subsection 19.1(1) of the Department of Employment and Social Development Act is replaced by the following:

19.1 (1) All moneys received by Her Maj-esty as a result of a monetary assessment by a panel determination under any treaty respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and, if required under the treaty, credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.

(3) If section 205 of the other Act and section 49 of this Act come into force on the same day, then that section 49 is deemed to have come into force before that section 205.

52. (1) In this section, “Order” means the Order Amending the Schedule to the Customs Tariff (Raw Cane Sugar), SOR/2013-163.

(2) If subsection 48(1) of this Act comes into force before section 2 of the Order, then, on the day on which that section 2 comes into force, the tariff provision that is added by that section 2 to the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by

(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “HNT:”;

(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “HNT:”; and

(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “HNT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “HNT”.

(3) If section 2 of the Order comes into force on the same day as subsection 48(1) of this Act, then that section 2 is deemed to have come into force before that subsection 48(1).

Coming into Force

53. This Act, other than sections 51 and 52, comes into force on a day to be fixed by order of the Governor in Council.