Bill C-57
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IMPORTATION OF COPIES, FIXATIONS AND REPRODUCTIONS |
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66. The Act is amended by adding the
following after section 44.1:
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| Performer's
performances
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44.2 Section 44.1 applies, with such
modifications as the circumstances require, in
respect of a performer's performance, where
a fixation of the performer's performance, or
a reproduction of such a fixation,
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| R.S., c. 41
(3rd Supp.),
s. 117
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67. (1) Subsection 45(1) of the Act is
replaced by the following:
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| No
importation
where right to
reproduce in
Canada
granted
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45. (1) Where the owner of the copyright
has by licence or otherwise granted the right
to reproduce any book in Canada, it shall not
be lawful except as provided in
subsections (3) and (4) to import into Canada
copies of the book, and the copies shall be
deemed to be included in Schedule VII to the
Customs Tariff, and that Schedule applies
accordingly.
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| 1993, c. 44,
s. 67(1)
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(2) Paragraph 45(3)(a) of the Act is
replaced by the following:
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| 1993, c. 44,
s. 67(2)
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(3) Paragraph 45(3)(d) of the Act is
replaced by the following:
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| 1993, c. 44,
s. 67(3)
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(4) Subsection 45(5) of the Act is replaced
by the following:
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| Application of
provisions
regarding
importation
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(5) This section does not apply to any work
the author of which is a subject or citizen of a
treaty country other than Canada.
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68. The Act is amended by adding the
following after section 70.7:
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COMPENSATION FOR RESTORATION OF COPYRIGHT OR PERFORMER'S RIGHT |
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| Board may
determine
compensation
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70.8 (1) Subject to subsection (2), for the
purposes of subsections 28.03(2) and 29(2),
the Board may, on application by any of the
parties referred to in one of those provisions,
determine the amount of the compensation
referred to in that provision that the Board
considers reasonable, having regard to all the
circumstances, including any judgment of a
court in an action between the parties for
enforcement of a right mentioned in
subsection 28.03(3).
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| Limitation
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(2) The Board shall not proceed with an
application under subsection (1)
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| Interim orders
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(3) Where the Board proceeds with an
application under subsection (1), it may, for
the purpose of avoiding serious prejudice to
any party, make an interim order requiring a
party to refrain from doing any act described
in the order until the determination of
compensation is made under subsection (1).
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69. The French version of the Act is
amended by replacing the expression ``pays
partie à la Convention'' with the expression
``pays partie à la Convention de Berne'' in
the following provisions:
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| R.S., c. 1 (2nd
Supp.)
[c. C-52.6]
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Customs Act |
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| 1992, c. 28,
s. 7(1)
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70. Subsection 33.4(6) of the Customs Act
is replaced by the following:
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| Interest on tax
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(6) Any person who is liable to pay tax
under Division III of Part IX of the Excise Tax
Act in respect of an amount of duty levied
under subsection 11(1) or paragraph 60(1)(a)
of the Special Import Measures Act shall pay,
in addition to that tax, interest at the
prescribed rate in respect of each month or
fraction of a month in the period beginning
thirty days after the day the tax became
payable and ending on the day the tax has been
paid in full, calculated on the outstanding
balance of the tax.
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71. (1) The portion of subsection 48(1) of
the Act before paragraph (a) is replaced by
the following:
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| Transaction
value as
primary basis
of appraisal
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48. (1) Subject to subsections (6) and (7),
the value for duty of goods is the transaction
value of the goods if the goods are sold for
export to Canada and the price paid or payable
for the goods can be determined and if
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(2) Section 48 of the Act is amended by
adding the following after subsection (6):
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| Where
information
inaccurate
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(7) Where an officer who is appraising the
value for duty of goods believes on reasonable
grounds that the information submitted in
support of the transaction value of the goods
as determined under subsection (4) is
inaccurate, the officer shall determine, in
accordance with the prescribed procedure,
that the value for duty of the goods shall not be
appraised under this section.
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72. Subsection 164(4) of the Act is
amended by adding the following after
paragraph (a.01):
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| R.S., c. 41
(3rd Supp.)
[c. C-54.01]
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Customs Tariff |
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73. Subsection 2(1) of the Customs Tariff
is amended by adding the following in
alphabetical order:
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| ``serious
injury'' « dommage grave »
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``serious injury'' means, in relation to
domestic producers of like or directly
competitive goods, a significant overall
impairment in the position of the domestic
producers;
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| ``threat of
serious
injury'' « menace de dommage grave »
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``threat of serious injury'' means serious
injury that, on the basis of facts, and not
merely of allegation, conjecture or remote
possibility, is clearly imminent;
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| ``World Trade
Organization
Agreement'' « Accord sur l'Organisatio n mondiale du commerce »
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``World Trade Organization Agreement'' has
the meaning given to the word
``Agreement'' in subsection 2(1) of the
World Trade Organization Agreement
Implementation Act.
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74. Section 10 of the Act is renumbered as
subsection 10(1) and is amended by adding
the following:
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| Classification
of ``within
access
commitment''
goods
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(2) Goods shall only be classified under a
tariff item determined as provided in
subsection (1) that contains the phrase
``within access commitment'' where the
importer of the goods holds a permit issued
pursuant to subsection 8.3(1), (2) or (3) of the
Export and Import Permits Act and has
complied with the terms and conditions of the
permit.
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| 1988, c. 65,
s. 84
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75. (1) Paragraph 13(2)(a) of the Act is
replaced by the following:
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(2) Section 13 of the Act is amended by
adding the following after subsection (2):
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| Application of
rules of origin
regulations
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(2.1) For the purpose of implementing the
Agreement on Rules of Origin in Annex 1A of
the World Trade Organization Agreement,
regulations made under subsection (2) may, if
they so provide, apply respecting the origin of
goods for the purposes of any other Act and
prevail over any other regulations to the extent
of any inconsistency.
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| Agreement
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(2.2) For the purposes of subsection (2.1),
the Agreement on Rules of Origin includes
any annex added to it pursuant to Article 9 of
that Agreement.
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| 1989, c. 18,
s. 2(2)
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76. Subsection 21(4) of the Act is replaced
by the following:
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| Where there is
no rate
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(4) The symbol ``N/A'', where it appears in
the column ``Most-Favoured-Nation Tariff'',
``General Preferential Tariff'' or ``United
States Tariff'' of a tariff item in Schedule I or
in the column ``Most-Favoured-Nation
Tariff'', ``MFN Staging Category'' or
``General Preferential Tariff'' of a code in
Schedule II, indicates that there is no
Most-Favoured-Nation Tariff, General
Preferential Tariff or United States Tariff rate
of customs duty, as the case may be, for that
tariff item or code.
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77. Section 22 of the Act is replaced by the
following:
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| Application of
tariff
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22. (1) Subject to this section and sections
23 and 24, goods that originate in a country
listed in Schedule III as a beneficiary of the
Most-Favoured-Nation Tariff are entitled to
the rates of customs duty set out with respect
to those goods in the Most-Favoured-Nation
Tariff in Schedule I.
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| Staging for
MFN Tariff
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(2) Where ``E'', ``F'', ``G'', ``H'' or ``I''
appears in the column ``MFN Staging
Category'' of Schedule I in relation to goods
enumerated or referred to in it that originate in
a country listed in Schedule III, the goods are
entitled to the base rate of duty set out with
respect to those goods in the
Most-Favoured-Nation Tariff, but the rate of
customs duty to which they are entitled shall
be reduced in stages to the final rate set out
with respect to those goods in that Tariff as
follows:
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| Staging
provided in
MFN Tariff
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(3) Where ``J'' appears in the column
``MFN Staging Category'' of Schedule I in
relation to goods enumerated or referred to in
it that originate in a country listed in Schedule
III, the goods are entitled to the base rate of
customs duty set out with respect to those
goods in the Most-Favoured-Nation Tariff,
unless that Tariff provides for the reduction of
the rate of customs duty, in which case the
reduced rates shall apply as provided.
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| No staging
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(4) Where ``K'' appears in the column
``MFN Staging Category'' of Schedule I in
relation to goods enumerated or referred to in
it that originate in a country listed in Schedule
III, the rate of customs duty set out with
respect to those goods in the
Most-Favoured-Nation Tariff is not subject to
reduction.
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| Rounding
percentage
rates
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(5) Where a percentage rate of customs duty
for any goods that results from the application
of subsection (2) or (3) contains a fraction of
one per cent, the resulting percentage rate
shall be rounded to the nearest one-tenth of
one per cent and, if the resulting percentage
rate is equidistant from two one-tenths of one
per cent, to the higher of them.
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| Rounding
specific rates
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(6) Where a specific rate of customs duty
for any goods that results from the application
of subsection (2) or (3) contains a fraction of
one cent and the final rate of customs duty set
out with respect to the goods in the
Most-Favoured-Nation Tariff
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