Skip to main content

Bill C-4

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Skip to Document Navigation Skip to Document Content

First Session, Forty-third Parliament,

68 Elizabeth II, 2019-2020

HOUSE OF COMMONS OF CANADA

BILL C-4
An Act to implement the Agreement between Canada, the United States of America and the United Mexican States

FIRST READING, January 29, 2020

DEPUTY PRIME MINISTER AND MINISTER OF INTERGOVERNMENTAL AFFAIRS

90908


RECOMMENDATION

Her 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”.

SUMMARY

This 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.

Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to implement the Agreement between Canada, the United States of America and the United Mexican States
Short Title
1

Canada–United States–Mexico Agreement Implementation Act

Interpretation
2

Definitions

3

Interpretation consistent with Agreement

4

Non-application of Act and Agreement to water

5

Construction

Her Majesty
6

Binding on Her Majesty

Purpose
7

Purpose

Causes of Action
8

Causes of action under sections 9 to 20

PART 1
Implementation of Agreement
Approval, Designation of Minister and Representation on Commission
9

Approval

10

Order designating Minister

11

Canadian representative on Commission

Secretariat
12

Continuation of Secretariat

13

Continuation of Canadian Section of Secretariat

14

Secretary

15

Staff

Panels and Committees
16

Powers of Minister

Labour Council
17

Powers of Minister of Labour

Expenses
18

Payment of expenditures

Orders
19

Article 31.‍19 of Agreement

20

Article 31-B.‍10 of Annex 31-B of Agreement

PART 2
Related Amendments
21

Canada Deposit Insurance Corporation Act

22

Competition Act

23

Copyright Act

35

Criminal Code

39

Excise Tax Act

40

Export and Import Permits Act

53

Fertilizers Act

54

Financial Administration Act

57

Food and Drugs Act

59

Canada Grain Act

70

Importation of Intoxicating Liquors Act

72

Special Import Measures Act

108

Trade-marks Act

111

Investment Canada Act

114

Customs Act

137

Commercial Arbitration Act

138

Canadian International Trade Tribunal Act

152

Broadcasting Act

153

Trust and Loan Companies Act

158

Bank Act

171

Insurance Companies Act

183

Customs Tariff

206

Pest Control Products Act

207

Canadian Energy Regulator Act

PART 3
Coming into Force
213

Order in council

SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5


1st Session, 43rd Parliament,

68 Elizabeth II, 2019-2020

HOUSE OF COMMONS OF CANADA

BILL C-4

An Act to implement the Agreement between Canada, the United States of America and the United Mexican States

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

Short Title

Short title

1This Act may be cited as the Canada–United States–Mexico Agreement Implementation Act.

Interpretation

Definitions

2The 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 Agreement

3For 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 water

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

Construction

5For 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 Majesty

Binding on Her Majesty

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

Purpose

Purpose

7The principal purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

  • (a)replace the North American Free Trade Agreement;

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

  • (c)further support mutually beneficial trade between the parties to the Agreement as well as their economic growth;

  • (d)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;

  • (e)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;

  • (f)promote efficient and transparent customs procedures that reduce costs and ensure predictability for importers and exporters;

  • (g)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;

  • (h)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;

  • (i)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;

  • (j)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;

  • (k)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;

  • (l)promote the protection and enforcement of labour rights and the improvement of working conditions;

  • (m)promote transparency, good governance and the rule of law, while eliminating bribery and corruption in trade and investment;

  • (n)recognize the importance of increased engagement by Indigenous peoples in trade and investment; and

  • (o)facilitate 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 Action

Causes of action under sections 9 to 20

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 sections 9 to 20 or an order made under any of those sections.

Causes of action under Agreement

(2)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.

Exception

(3)Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Annex 14-C of the Agreement.

PART 1
Implementation of Agreement

Approval, Designation of Minister and Representation on Commission

Approval

9The Agreement is approved.

Order designating Minister

10The 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 Commission

11The Minister is the principal representative of Canada on the Commission.

Secretariat

Continuation of Secretariat

12The 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 Secretariat

13The 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.

Secretary

14(1)There is to be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act.

Duties

(2)The 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.

Staff

15Officers 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 Committees

Powers of Minister

16The Minister may

  • (a)appoint a panellist in accordance with paragraphs 2 and 3 of Annex 10-B.‍1 of the Agreement or Article 31.‍9 of the Agreement;

  • (b)appoint a committee member in accordance with paragraph 1 of Annex 10-B.‍3 of the Agreement;

  • (c)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; and

  • (d)propose the names of individuals for the lists referred to in Article 31-B.‍3 of Annex 31-B of the Agreement.

Labour Council

Powers of Minister of Labour

17The 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.

Expenses

Payment of expenditures

18The Government of Canada is to pay its appropriate share of the aggregate of

  • (a)any expenditures incurred by or on behalf of the Commission,

  • (b)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,

  • (c)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, and

  • (d)the 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.

Orders

Article 31.‍19 of Agreement

19(1)The 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:

  • (a)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;

  • (b)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;

  • (c)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; or

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

Period of order

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

Non-application — paragraph (1)‍(a)

(3)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)

(4)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 Agreement

20(1)On 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:

  • (a)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;

  • (b)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;

  • (c)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; or

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

Consultation

(2)Before making a recommendation to the Governor in Council, the Minister must consult the Minister of Finance if the proposed remedies include

  • (a)suspending or withdrawing rights or privileges granted by Canada under the Customs Tariff;

  • (b)a measure described in paragraph 53(2)‍(b) or (d) of that Act; or

  • (c)a 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 order

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

Retroactive effect

(4)An order made under subsection (1) may, if it so provides, have retroactive effect.

Non-application — paragraph (1)‍(a)

(5)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)

(6)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.

PART 2
Related Amendments

R.‍S.‍, c. C-3

Canada Deposit Insurance Corporation Act

21Section 18 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (3):

Records retained outside Canada
Start of inserted block

(3.‍1)Where 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:

  • (a)if the Corporation is of the opinion that it does not have immediate, direct, complete and ongoing access to those records; or

  • (b)if 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.

    End of inserted block
By-laws
Start of inserted block

(3.‍2)The Board may make by-laws respecting:

  • (a)what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph (3.‍1)‍(a); and

  • (b)the time within and manner in which a member institution is required to comply with a direction under subsection (3.‍1).

    End of inserted block

R.‍S.‍, c. C-34

Competition Act

22(1)Section 30.‍01 of the Competition Act is amended by adding the following after paragraph (c):

  • Start of inserted block

    (c.‍1)the agreement contains one of the following undertakings by the foreign state:

    • (i)that any record or thing provided by Canada will be used only for the purpose for which it was requested, or

    • (ii)that 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;

      End of inserted block

2002, c. 16, s. 3

(2)The portion of paragraph 30.‍01(d) of the Act before subparagraph (i) is replaced by the following:

  • (d)the agreement Insertion start also Insertion end contains the following undertakings by the foreign state, namely,

2002, c. 16, s. 3

(3)Subparagraph 30.‍01(d)‍(ii) of the Act is repealed.

2002, c. 16, s. 3

(4)Subparagraph 30.‍01(d)‍(v) of the Act is replaced by the following:

  • (v)subject to Insertion start paragraph (c.‍1) Insertion end , 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, and

R.‍S.‍, c. C-42

Copyright Act

Amendments to the Act

23Section 2 of the Copyright Act is amended by adding the following in alphabetical order:
Start of inserted block

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)

End of inserted block

1993, c. 44, s. 58

24Sections 6.‍1 and 6.‍2 of the Act are replaced by the following:
Anonymous and pseudonymous works

6.‍1 Insertion start (1) Insertion end Except as provided in section 6.‍2 Insertion start and in subsection (2) Insertion end , where the identity of the author of a work is unknown, copyright in the work shall subsist Insertion start until the end of Insertion end 75 years following the end of the calendar year in which the work is made. Insertion start However, if the work is published before the copyright expires, the copyright continues until the earlier of Insertion end the end of Insertion start 75 Insertion end years following the end of Insertion start the Insertion end calendar year Insertion start in which the first publication occurs and 100 years following the end of the calendar year in which the work was made Insertion end .

Identity of author commonly known

Insertion start (2) Insertion end Where, during Insertion start any Insertion end term Insertion start referred to in subsection (1) Insertion end , the author’s identity becomes commonly known, the term provided in section 6 applies.

Anonymous and pseudonymous works of joint authorship

6.‍2 Insertion start (1) Insertion end Insertion start Insertion end Insertion start Except as provided in subsection (2) Insertion end , where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist Insertion start until the end of Insertion end 75 years following the end of the calendar year in which the work is made. Insertion start However, if the work is published before the copyright expires, the copyright continues until the earlier of Insertion end the end of 75 years following the end of Insertion start the Insertion end calendar year Insertion start in which the first publication occurs and 100 years following the end of the calendar year in which the work was made Insertion end .

Identity of author commonly known

Insertion start (2) Insertion end Where, during Insertion start any Insertion end term Insertion start referred to in subsection (1) Insertion end , 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.

1993, c. 44, s. 60(1)

25Subsection 9(2) of the Act is replaced by the following:
Nationals of other countries

(2)Authors who are nationals of any country, other than a country that is a party to the Insertion start Canada–United States–Mexico Insertion end 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)

26Section 11.‍1 of the Act is replaced by the following:
Cinematographic works

11.‍1Except 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 Insertion start until the end of 70 Insertion end years following the end of the calendar year Insertion start in which Insertion end the cinematographic work or the compilation Insertion start is made Insertion end . Insertion start However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of Insertion end the end of Insertion start 75 Insertion end years following the end of Insertion start the Insertion end calendar year Insertion start 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. Insertion end

2001, c. 27, s. 236

27Subsection 17(4) of the Act is replaced by the following:
Exception

(4)If so requested by a country that is a party to the Insertion start Canada–United States–Mexico Insertion end 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 Insertion start that Insertion end 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)

28Subsections 20(3) and (4) of the Act are repealed.

2012, c. 20, s. 17; 2015, c. 36, s. 81(1)

29(1)Paragraphs 23(1)‍(a) and (b) of the Act are replaced by the following:
  • (a)if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of Insertion start 70 Insertion end years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and

  • (b)if 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 Insertion start 75 Insertion end 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)

(2)Subsection 23(1.‍1) of the Act is replaced by the following:
Term of copyright — sound recording

(1.‍1)Subject to this Act, copyright in a sound recording subsists until the end of Insertion start 70 Insertion end 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 Insertion start 75 Insertion end 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.

30Section 42 of the Act is amended by adding the following after subsection (3.‍1):
Offence — infringement related to rights management information
Start of inserted block

(3.‍2)Every 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 purposes

  • (a)removes 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; or

  • (b)does 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 that

    • (i)the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and

    • (ii)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.

      End of inserted block
Punishment
Start of inserted block

(3.‍3)Every person who commits an offence under subsection (3.‍2) is liable

  • (a)on 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; or

  • (b)on 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.

    End of inserted block
Definition of rights management information
Start of inserted block

(3.‍4)In subsection (3.‍2), rights management information has the same meaning as in subsection 41.‍22(4).

End of inserted block

2014, c. 32, s. 5

31Subsection 44.‍01(2) of the Act is replaced by the following:
Exception

(2)Subsection (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.

2014, c. 32, s. 5

32Paragraph 44.‍04(1)‍(b) of the Act is replaced by the following:
  • (b)the name and address of their owner, importer, exporter and consignee and of the person who made them Insertion start and of any other person involved in their movement Insertion end ;

2018, c. 27, s. 296

33Paragraph 70(2)‍(a) of the Act is replaced by the following:
  • (a)the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;

Transitional Provision

No revival of copyright

34Sections 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-46

Criminal Code

2019, c. 25, s. 2

35Paragraph 2.‍3(1)‍(a) of the Criminal Code is replaced by the following:

  • (a)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, Insertion start 391 Insertion end , 400, 424.‍1, 431.‍1, 467.‍11 or 467.‍111 or in relation to any terrorism offence;

36Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):

  • Start of inserted block

    (lxx.‍01)section 391 (trade secret),

    End of inserted block

37The Act is amended by adding the following after section 390:

Trade secret
Start of inserted block

391(1)Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

End of inserted block
Trade secret — prior knowledge
Start of inserted block

(2)Everyone 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).

End of inserted block
Punishment
Start of inserted block

(3)Everyone who commits an offence referred to in subsection (1) or (2) is guilty

  • (a)of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or

  • (b)of an offence punishable on summary conviction.

    End of inserted block
For greater certainty
Start of inserted block

(4)For 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.

End of inserted block
Definition of trade secret
Start of inserted block

(5)For the purpose of this section, trade secret means any information that

  • (a)is not generally known in the trade or business that uses or may use that information;

  • (b)has economic value from not being generally known; and

  • (c)is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

    End of inserted block

38Section 1 of the schedule to Part XXII.‍1 of the Act is amended by adding the following after paragraph (x):

  • Start of inserted block

    (x.‍1)section 391 (trade secret);

    End of inserted block

R.‍S.‍, c. E-15

Excise Tax Act

39Schedule VII to the Excise Tax Act is amended by adding the following after section 7:

Start of inserted block

7.‍01Goods (other than goods prescribed for the purposes of section 7) transported by courier

(a)that are imported from Mexico or the United States, as determined in accordance with the Customs Tariff; and

(b)that have a value, determined under paragraph 215(1)‍(a) of the Act, of not more than $40.

End of inserted block

R.‍S.‍, c. E-19

Export and Import Permits Act

1993, c. 44, s. 146

40(1)The definitions NAFTA and NAFTA country in subsection 2(1) of the Export and Import Permits Act are repealed.

1997, c. 14, s. 70(2)

(2)Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following:

  • (a)a Insertion start CUSMA Insertion end country,

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

Start of inserted block

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)

End of inserted block

2014, c. 14, s. 17(2)

(4)Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

(5)Subsection 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. 71

41The 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 Insertion start CUSMA Insertion end 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

  • Insertion start (a) Insertion end a Insertion start CUSMA Insertion end country, Insertion start means a significant increase in imports over the trend for a recent representative base period, and Insertion end

  • Insertion start (b) Insertion end Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)

1997, c. 14, s. 72(1)

42Paragraph 5(4)‍(b) of the Act is replaced by the following:

  • (b)in the case of goods imported from a Insertion start CUSMA Insertion end 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 Insertion start CUSMA Insertion end country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

2001, c. 28, s. 49

43(1)Subsection 6.‍1(1) of the Act is replaced by the following:

Definition of originating goods

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 Chile Tariff or the Costa Rica Tariff.

2001, c. 28, s. 49

(2)The portion of subsection 6.‍1(2) of the Act before paragraph (b) is replaced by the following:

When Minister may take measures

(2)If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or Insertion start (c) Insertion end 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 out

2001, c. 28, s. 49

(3)Subsection 6.‍1(3) of the Act is replaced by the following:

Factors to be considered

(3)In 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.

2017, c. 6, s. 20

44(1)Subsection 6.‍2(1.‍1) of the Act is replaced by the following:

Determination of quantities — export

(1.‍1)If any goods, other than softwood lumber products to which section 6.‍3 applies, have been included on the Export Control List for Insertion start a Insertion end purpose Insertion start referred to in Insertion end 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.

(2)Section 6.‍2 of the Act is amended by adding the following after subsection (4):

Export charges on certain dairy products — CUSMA
Start of inserted block

(5)The Minister may impose and collect export charges in accordance with Article 3.‍A.‍3 of CUSMA.

End of inserted block

1997, c. 14, s. 75

45Subsection 8(3) of the Act is replaced by the following:

Goods imported from free trade partner

(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, as the case may be, by

  • Insertion start (a) Insertion end Article Insertion start 10.‍2 Insertion end of Insertion start CUSMA Insertion end ;

  • Insertion start (b) Insertion end subparagraph 5(b) of Article F-02 of CCFTA; or

  • Insertion start (c) Insertion end subparagraph 5(b) of Article 4.‍6 of CIFTA.

46Section 12 of the Act is amended by adding the following after paragraph (c):

  • Start of inserted block

    (c.‍01)respecting export charges referred to in subsection 6.‍2(5);

    End of inserted block

47Schedule 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”.

48Schedule 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”.

49Schedule 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”.

50Schedule 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”.

51Schedule 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”.

52Schedule 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-10

Fertilizers Act

1994, c. 47, s. 115

53Subsections 5(2) and (3) of the Fertilizers Act are replaced by the following:

Regulations — international agreements

(2)Without limiting the authority conferred by subsection (1), the Governor in Council may make Insertion start any Insertion end regulations the Governor in Council Insertion start considers Insertion end necessary for the purpose of implementing, in relation to fertilizers or supplements, Insertion start any of the following provisions Insertion end :

  • Start of inserted block

    (a)Article 20.‍45 of the Canada–United States–Mexico Agreement;

    End of inserted block
  • Insertion start (b) Insertion end 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; or

  • Start of inserted block

    (c)Article 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.

    End of inserted block
Definitions

(3)The following definitions apply in subsection (2).

Start of inserted block

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)

End of inserted block

WTO Agreement has the meaning Insertion start assigned by the definition Insertion end Agreement Insertion start in Insertion end subsection 2(1) of the World Trade Organization Agreement Implementation Act.‍ (Accord sur l’OMC)

R.‍S.‍, c. F-11

Financial Administration Act

1993, c. 44, s. 156

54The portion of subsection 85(2) of the Financial Administration Act before paragraph (a) is replaced by the following:

Exemption for RCMP and security services

(2)Divisions I to Insertion start IV Insertion end do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

1993, c. 44, s. 157

55Division V of Part X of the Act is repealed.

56Schedule 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-27

Food and Drugs Act

57Section 14 of the Food and Drugs Act is replaced by the following:

Samples

14No person shall distribute or cause to be distributed any drug as a sample Insertion start except in accordance with the regulations Insertion end .

58(1)Paragraph 30(1)‍(n) of the Act is replaced by the following:

  • (n)respecting the distribution or the conditions of distribution of Insertion start drugs as Insertion end samples;

2014, c. 24, s. 6(6)

(2)Subsection 30(3) of the Act is replaced by the following:

Regulations — Canada–United States–Mexico Agreement and WTO Agreement

(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, Insertion start Articles 20.‍48 and 20.‍49 Insertion end of the Insertion start Canada–United States–Mexico Agreement Insertion end 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. 117

(3)The definition North American Free Trade Agreement in subsection 30(4) of the Act is repealed.

(4)Subsection 30(4) of the Act is amended by adding the following in alphabetical order:

Start of inserted block

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)

End of inserted block

R.‍S.‍, c. G-10

Canada Grain Act

59The heading before section 2 of the French version of the Canada Grain Act is replaced by the following:

Définitions Insertion start et interprétation Insertion end

1994, c. 45, s. 1(3)

60(1)The definitions contaminated and foreign grain in section 2 of the Act are repealed.

(2)The definitions eastern grain and western grain in section 2 of the Act are replaced by the following:

eastern grain means grain, Insertion start other than imported grain, that is delivered into Insertion end the Eastern Division; (grain de l’Est)

western grain means grain, Insertion start other than imported grain, that is delivered into Insertion end the Western Division; (grain de l’Ouest)

(3)Section 2 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

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)

End of inserted block

61The Act is amended by adding the following after section 2:

Contaminated grain
Start of inserted block

2.‍1Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either

  • (a)adulterated for the purposes of the Food and Drugs Act; or

  • (b)contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.

    End of inserted block

62Paragraph 14(1)‍(a) of the Act is replaced by the following:

  • (a)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;

63The Act is amended by adding the following after section 15:

Start of inserted block
Export Certificates
End of inserted block
Export certificates
Start of inserted block

15.‍1The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain.

End of inserted block

64(1)The portion of paragraph 32(1)‍(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) Insertion start if Insertion end the grain was grown in Canada Insertion start or the United States Insertion end ,

(2)Paragraph 32(1)‍(b) of the Act is replaced by the following:

  • (b) Insertion start if Insertion end the grain was grown outside Canada Insertion start or the United States Insertion end , stating the country of origin of the grain or stating that the grain is Insertion start imported Insertion end grain Insertion start and, in the prescribed circumstances Insertion end ,

    • Start of inserted block

      (i)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, and

    • (ii)stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.

      End of inserted block

65The Act is amended by adding the following after section 58:

Seeds Act and Pest Control Products Act
Start of inserted block

58.‍1No operator of a licensed elevator is required to receive into the elevator any grain that

  • (a)is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or

  • (b)has 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.

    End of inserted block

1994, c. 45, s. 16

66Section 61 of the Act is replaced by the following:

Procedure on receipt of grain

61 Insertion start (1) Insertion end Insertion start Insertion end Insertion start Subject to subsection (2), if Insertion end 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 Insertion start immediately Insertion end provide Insertion start it to Insertion end the producer.

Dispute

Insertion start (2) Insertion end If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or Insertion start a prescribed grain quality characteristic Insertion end , the operator shall

  • Insertion start (a) Insertion end take a sample of the grain in the prescribed manner;

  • Insertion start (b) Insertion end deal with the sample in the prescribed manner; and

  • Insertion start (c) Insertion end issue an interim elevator receipt in the prescribed form.

Commission’s report

Insertion start (3) Insertion end On receipt of a report from the Commission Insertion start that assigns Insertion end a grade in respect of the sample and Insertion start that determines Insertion end the dockage and Insertion start each disputed grain quality characteristic Insertion end , the Insertion start operator of the elevator Insertion end 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 Insertion start each grain quality characteristic so determined Insertion end , and Insertion start immediately Insertion end provide Insertion start it to Insertion end the producer.

1994, c. 45, s. 25; 2011, c. 25, s. 27

67The heading before section 83.‍1 and sections 83.‍1 to 84 of the Act are replaced by the following:

Start of inserted block
Declaration Respecting Grain
End of inserted block
Obligation to provide declaration
Start of inserted block

83.‍1Every 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.

End of inserted block
Regulations
Start of inserted block

83.‍2The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.‍1, including regulations prescribing

  • (a)its form and content;

  • (b)when it is to be made and provided; and

  • (c)the persons to whom it is to be provided.

    End of inserted block
False or misleading statement
Start of inserted block

83.‍3No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.‍1.

End of inserted block
PART V 
Carriage of Grain
General
Transport, except by public carrier, restricted

84Except in accordance with terms and conditions prescribed Insertion start under section 84.‍1 Insertion end or Insertion start with an order made under section 84.‍2 Insertion end , no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.

Regulations
Start of inserted block

84.‍1The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84.

End of inserted block
Orders
Start of inserted block

84.‍2The 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.

End of inserted block

68(1)Subsection 116(1) of the Act is amended by adding the following after paragraph (c):

  • Start of inserted block

    (c.‍1)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;

    End of inserted block

(2)Paragraph 116(1)‍(h) of the Act is replaced by the following:

  • (h)respecting the receipt, inspection, handling and storage at elevators of Insertion start imported Insertion end grain and prescribing the period of time that Insertion start it Insertion end may remain in storage at any elevator;

69The Act is amended by adding the following after section 118:

Incorporation by reference — Commission
Start of inserted block

118.‍1(1)A 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.

End of inserted block
Accessibility
Start of inserted block

(2)The 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.

End of inserted block
Defence
Start of inserted block

(3)A 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.

End of inserted block
No registration or publication
Start of inserted block

(4)For 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.

End of inserted block

R.‍S.‍, c. I-3

Importation of Intoxicating Liquors Act

1993, c. 44, s. 159

70(1)The definition NAFTA country in section 2 of the Importation of Intoxicating Liquors Act is repealed.

(2)Section 2 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

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)

End of inserted block

2002, c. 22, par. 411(7)‍(b)

71The portion of paragraph 3(2)‍(c) of the Act before subparagraph (ii) is replaced by the following:

  • (c)the importation of bulk spirits into a province from a Insertion start CUSMA Insertion end country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

    • (i)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, and

R.‍S.‍, c. S-15

Special Import Measures Act

Amendments to the Act

1993, c. 44, s. 201(2)

72(1)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.

2010, c. 12, s. 1782

(2)The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following:

Canadian Secretary means

  • (a)when Part I.‍1 is in force, the Secretary referred to in section Insertion start 14 Insertion end of the Insertion start Canada–United States–Mexico Agreement Insertion end Implementation Act, and

  • (b)when Part II is in force, the Secretary appointed under subsection 77.‍24(1); (secrétaire canadien)

(3)Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Start of inserted block

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)

End of inserted block

1993, c. 44, s. 204

73The 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 review

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 Insertion start CUSMA Insertion end 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 case

2017, c. 20, s. 72

74The portion of subsection 9.‍21(1) of the Act before paragraph (a) is replaced by the following:
Duty ceases if investigation terminated after review

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 Insertion start CUSMA Insertion end 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 case

1993, c. 44, s. 209

75Subsection 43(1.‍01) of the Act is replaced by the following:
Separate order or finding

(1.‍01)Where an inquiry referred to in section 42 involves Insertion start any of the following Insertion end goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each Insertion start CUSMA Insertion end country:

  • (a) Insertion start goods of Insertion end more than one Insertion start CUSMA Insertion end country; or

  • (b) Insertion start goods of Insertion end one or more Insertion start CUSMA Insertion end countries and goods of one or more other countries.

1993, c. 44, s. 212; 2005. c. 38, par. 136(b)‍(F)

76Paragraphs 56(1.‍01)‍(a) and (b) of the Act are replaced by the following:
  • (a)where a determination referred to in that subsection is made in respect of any goods, including goods of a Insertion start CUSMA Insertion end 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; and

  • (b)where a determination referred to in that subsection is made in respect of goods of a Insertion start CUSMA Insertion end country, the government of that Insertion start CUSMA Insertion end country or, if they are of that Insertion start CUSMA Insertion end 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)

77Paragraphs 58(1.‍1)‍(a) and (b) of the Act are replaced by the following:
  • (a)where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a Insertion start CUSMA Insertion end 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; and

  • (b)where a determination or re-determination referred to in that subsection is made in respect of goods of a Insertion start CUSMA Insertion end country, the government of that Insertion start CUSMA Insertion end country or, if they are of that Insertion start CUSMA Insertion end 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)

78Subsections 59(3.‍1) and (3.‍2) of the Act are replaced by the following:
Notice of re-determination

(3.‍1)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 Insertion start CUSMA Insertion end country, to the government of that Insertion start CUSMA Insertion end 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.

Presumption

(3.‍2)A notice sent to the government of a Insertion start CUSMA Insertion end 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.

2017, c. 20, s. 89

79(1)Paragraph 70(1)‍(b) of the Act is replaced by the following:
  • (b)when the goods are goods of a Insertion start CUSMA Insertion end country, the government of that Insertion start CUSMA Insertion end country or, if they are of that Insertion start CUSMA Insertion end 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. 89

(2)Paragraph 70(2)‍(b) of the Act is replaced by the following:
  • (b)when the goods are goods of a Insertion start CUSMA Insertion end country, the government of that Insertion start CUSMA Insertion end country or, if they are of that Insertion start CUSMA Insertion end 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. 89

(3)Paragraph 70(3)‍(b) of the Act is replaced by the following:
  • (b)when the goods are goods of a Insertion start CUSMA Insertion end country, the government of that Insertion start CUSMA Insertion end country or, if they are of that Insertion start CUSMA Insertion end 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. 36

80Subsection 76.‍04(1) of the Act is replaced by the following:
Separate order or finding

76.‍04(1)If a review under section 76.‍01, 76.‍02 or 76.‍03 involves goods of more than one Insertion start CUSMA Insertion end country, or Insertion start goods Insertion end of one or more Insertion start CUSMA Insertion end 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 Insertion start CUSMA Insertion end country.

1993, c. 44, s. 218

81The heading of Part I.‍1 of the Act is replaced by the following:
Dispute Settlement Respecting Goods of a Insertion start CUSMA Insertion end Country

1993, c. 44, s. 218

82(1)The definition NAFTA country Secretary in subsection 77.‍01(1) of the English version of the Act is repealed.

1993, c. 44, s. 218

(2)The 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 Insertion start under Section D of Insertion end Chapter Insertion start 10 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement; (règles)

1993, c. 44, s. 218

(3)The 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 Insertion start 30.‍6 Insertion end de l’Accord Insertion start Canada–États-Unis–Mexique Insertion end .‍ ( Insertion start CUSMA Insertion end country Secretary)

1993, c. 44, s. 218; 2002, c. 8, s. 172

(4)The 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 Insertion start any of the following decisions, final determinations, orders, findings or re-determinations that apply Insertion end to or Insertion start are Insertion end made in respect of particular goods of a Insertion start CUSMA Insertion end country, but does not include any Insertion start of them Insertion end that Insertion start are Insertion end 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:

2002, c. 8, s. 172

(5)The portion of the definition definitive decision in subsection 77.‍01(1) of the English version of the Act after paragraph (j) is repealed.
(6)Subsection 77.‍01(1) of the English version of the Act is amended by adding the following in alphabetical order:
Start of inserted block

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)

End of inserted block

1993, c. 44, s. 218; 2002, c. 8, par. 182(1)‍(z.‍10); 2005, c. 38, par. 135(b)‍(E)

83(1)Subsections 77.‍011(1) to (4) of the Act are replaced by the following:
Request for review of definitive decision

77.‍011(1)The Minister or the government of a Insertion start CUSMA Insertion end country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement, that the definitive decision, in so far as it applies to goods of that Insertion start CUSMA Insertion end country, be reviewed by a panel.

Idem

(2)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 Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

Deeming

(3)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 Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

Limitation period

(4)A 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 Insertion start CUSMA Insertion end country.

1993, c. 44, s. 218

(2)Subsection 77.‍011(6) of the Act is replaced by the following:
Notification of request for review

(6)On receiving a request from the government of a Insertion start CUSMA Insertion end country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate Insertion start CUSMA Insertion end 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)

84(1)Subparagraph 77.‍012(1)‍(a)‍(ii) of the English version of the Act is replaced by the following:
  • (ii)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 Insertion start CUSMA Insertion end country; and

1999, c. 12, s. 39

(2)Paragraph 77.‍012(1)‍(b) of the English version of the Act is replaced by the following:
  • (b)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 Insertion start CUSMA Insertion end 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)

(3)Subsection 77.‍012(1) of the French version of the Act is replaced by the following:
Demandes et appels

77.‍012(1)Nul 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 Insertion start ACEUM Insertion end 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 Insertion start ACEUM Insertion end 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)

(4)Subsection 77.‍012(2) of the English version of the Act is replaced by the following:
Limitation period extended

(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 Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end 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.

1993, c. 44, s. 218

85(1)Subsection 77.‍013(1) of the Act is replaced by the following:
Appointment of panel

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 Insertion start 10-B.‍1 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and any regulations made in connection therewith.

2017, c. 20, s. 94

(2)Subsection 77.‍013(3) of the Act is replaced by the following:
Single panel

(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 Insertion start CUSMA Insertion end 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 Insertion start CUSMA Insertion end country, be appointed to review the final determination and the order or finding.

1993, c. 44, s. 218

86(1)Subsection 77.‍015(1) of the Act is replaced by the following:
Conduct of review

77.‍015(1)A panel shall conduct a review of a definitive decision in accordance with Insertion start Section D of Insertion end Chapter Insertion start 10 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and the rules.

1993, c. 44, s. 218

(2)Subsection 77.‍015(5) of the Act is replaced by the following:
Decision

(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 Insertion start CUSMA Insertion end 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. 218

87Sections 77.‍017 and 77.‍018 of the Act are replaced by the following:
Request for extraordinary challenge proceeding

77.‍017(1)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 Insertion start CUSMA Insertion end 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 request

(2)A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

Notification of request for extraordinary challenge proceeding

(3)On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate Insertion start CUSMA Insertion end 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 Insertion start CUSMA Insertion end 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 committee

77.‍018On 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 Insertion start 10-B.‍3 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and any regulations made in connection therewith.

1993, c. 44, s. 218

88(1)Subsection 77.‍019(1) of the Act is replaced by the following:
Conduct of extraordinary challenge proceeding

77.‍019(1)A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex Insertion start 10-B.‍3 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and the rules.

1993, c. 44, s. 218

(2)Subsection 77.‍019(6) of the Act is replaced by the following:
Decision

(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 Insertion start CUSMA Insertion end 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. 218

89Subsection 77.‍021(1) of the Act is replaced by the following:
Code of conduct

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 Insertion start 10.‍17 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

1993, c. 44, s. 218

90Section 77.‍022 of the Act is replaced by the following:
Remuneration and expenses of panel members

77.‍022Every 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 Insertion start 30.‍1 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

1993, c. 44, s. 218

91Section 77.‍023 of the Act is replaced by the following:
Request for review

77.‍023(1)A request for a review by a special committee may be made to the Canadian Secretary by the government of a Insertion start CUSMA Insertion end country only with respect to an allegation referred to in Insertion start paragraph 1 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

Appointment of special committee

(2)On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex Insertion start 10-B.‍3 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and any regulations made in connection therewith.

1993, c. 44, s. 218

92Subsection 77.‍024(1) of the Act is replaced by the following:
Stay of panel reviews and committee proceedings

77.‍024(1)Subject to subsection (2), where a special committee makes an affirmative finding against a Insertion start CUSMA Insertion end country pursuant to a request made by Canada in respect of an allegation referred to in Insertion start paragraph 1 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement, the Minister shall stay all Insertion start of the following panel reviews and committee proceedings Insertion end that were requested by the government or a person of that Insertion start CUSMA Insertion end country after the date on which consultations were requested under Insertion start paragraph 1 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement:

  • (a)panel reviews under section 77.‍011; and

  • (b)committee proceedings under section 77.‍017.

1993, c. 44, s. 218

93Section 77.‍025 of the Act is replaced by the following:
Stay on request

77.‍025Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a Insertion start CUSMA Insertion end country, the government of that Insertion start CUSMA Insertion end country may request that the Minister stay all Insertion start of the following panel reviews and committee proceedings Insertion end that were requested by the government or a person of that Insertion start CUSMA Insertion end country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings:

  • (a)panel reviews under section 77.‍011; and

  • (b)committee proceedings under section 77.‍017.

1993, c. 44, s. 218; 2002, c. 8, par. 182(1)‍(z.‍10)

94Sections 77.‍027 and 77.‍028 of the Act are replaced by the following:
Suspension of time periods

77.‍027Where a special committee makes an affirmative finding against Canada or a Insertion start CUSMA Insertion end country pursuant to a request made by the government of a Insertion start CUSMA Insertion end country or Canada in respect of an allegation referred to in Insertion start paragraph 1 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement, Insertion start the following time periods Insertion end shall not run unless and until resumed in accordance with Insertion start section Insertion end 77.‍033:

  • (a)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 Insertion start CUSMA Insertion end country; and

  • (b)the 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 Insertion start CUSMA Insertion end country.

Suspension of panel process

77.‍028(1)The Minister may suspend the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement with respect to goods of a Insertion start CUSMA Insertion end country

  • (a)at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the Insertion start CUSMA Insertion end country by a special committee requested by Canada under Insertion start paragraph 2 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement; and

  • (b)at any time where the government of the Insertion start CUSMA Insertion end country has suspended the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.

Notice of suspension

(2)Where the Minister suspends the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement under subsection (1) with respect to goods of a Insertion start CUSMA Insertion end country, the Canadian Secretary shall forward a written notice of the suspension to the Insertion start CUSMA Insertion end country Secretary of that Insertion start CUSMA Insertion end country and shall publish a notice of the suspension in the Canada Gazette.

1993, c. 44, s. 218

95(1)Subsection 77.‍029(1) of the Act is replaced by the following:
Suspension of benefits

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 60 days, but in no case later than 90 days, following an affirmative finding against a Insertion start CUSMA Insertion end country by a special committee requested by Canada under Insertion start paragraph 2 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement, suspend the application to that Insertion start CUSMA Insertion end country of such benefits under Insertion start that Insertion end Agreement as the Governor in Council considers appropriate in the circumstances.

1993, c. 44, s. 218

(2)The portion of subsection 77.‍029(2) of the English version of the Act before paragraph (a) is replaced by the following:
Powers

(2)For the purpose of suspending the application to a Insertion start CUSMA Insertion end country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

1993, c. 44, s. 218

(3)Paragraph 77.‍029(2)‍(a) of the Act is replaced by the following:
  • (a)suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Insertion start Canada–United States–Mexico Insertion end Agreement or an Act of Parliament;

1993, c. 44, s. 218

(4)Subsection 77.‍029(6) of the Act is replaced by the following:
Action consistent with determination

(6)Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) Insertion start of Article 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end 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)

96Sections 77.‍03 to 77.‍033 of the Act are replaced by the following:
Only one section applies

77.‍03Where the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement is suspended under section 77.‍028 in respect of a Insertion start CUSMA Insertion end country, benefits under Insertion start paragraph 2 of Insertion end Article Insertion start 10.‍13 Insertion end of Insertion start that Insertion end Agreement may not be suspended under section 77.‍029 in respect of that Insertion start CUSMA Insertion end country, and Insertion start if Insertion end benefits under Insertion start paragraph 2 of Insertion end Article Insertion start 10.‍13 Insertion end of Insertion start that Insertion end Agreement are suspended under section 77.‍029 in respect of a Insertion start CUSMA Insertion end country, the operation of Article Insertion start 10.‍12 Insertion end of Insertion start that Insertion end Agreement may not be suspended under section 77.‍028 in respect of that Insertion start CUSMA Insertion end country.

Referral to Federal Court of Appeal

77.‍031(1)Where the Minister suspends the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement under paragraph 77.‍028(1)‍(a) and

  • (a)where any panel review is stayed under subsection 77.‍024(1), the Minister, the government of the Insertion start CUSMA Insertion end 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; or

  • (b)where any committee proceeding is stayed under subsection 77.‍024(1), the Minister, the government of the Insertion start CUSMA Insertion end 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.

Idem

(2)Where the government of a Insertion start CUSMA Insertion end country suspends the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement with respect to goods of Canada under Insertion start paragraph 8 of Insertion end Article Insertion start 10.‍13 Insertion end of Insertion start that Insertion end Agreement and

  • (a)where any panel review is stayed under section 77.‍025, the government of the Insertion start CUSMA Insertion end country, or persons of that Insertion start CUSMA Insertion end 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; or

  • (b)where any committee proceeding is stayed under section 77.‍025, the government of the Insertion start CUSMA Insertion end country, or persons of that Insertion start CUSMA Insertion end 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.

Idem

(3)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 Insertion start 10.‍12 of the Canada–United States–Mexico Agreement Insertion end is terminated pursuant to section 77.‍032.

Termination of suspension

77.‍032The Minister shall terminate any suspension effected under subsection 77.‍028(1) if a special committee reconvened pursuant to Insertion start paragraph 10 of Insertion end Article Insertion start 10.‍13 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

Resumption

77.‍033All 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 resume

  • (a)where the operation of Article Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end 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; or

  • (b)where benefits are suspended under section 77.‍029.

1993, c. 44, s. 218

97Paragraph 77.‍034(1)‍(c) of the Act is replaced by the following:
  • (c)a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any Insertion start CUSMA Insertion end country giving effect to the Insertion start Canada–United States–Mexico Insertion end Agreement.

1993, c. 44, s. 218

98(1)Paragraph 77.‍035(a) of the Act is replaced by the following:
  • (a)conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Insertion start Section D of Insertion end Chapter Insertion start 10 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and the rules, including powers, rights and privileges of a superior court of record;

1993, c. 44, s. 218

(2)Paragraph 77.‍035(c) of the Act is replaced by the following:
  • (c)for carrying out and giving effect to paragraphs 1 to 4 Insertion start of Annex 10-B.‍1 of the Canada–United States–Mexico Agreement Insertion end and paragraph 1 of Annex Insertion start 10-B.‍3 Insertion end of Insertion start that Insertion end Agreement: and

1993, c. 44, s. 218

99Section 77.‍036 of the Act is replaced by the following:
Publication in Canada Gazette

77.‍036The rules, the code of conduct established pursuant to Article Insertion start 10.‍17 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

1993, c. 44, s. 218

100Section 77.‍037 of the Act is replaced by the following:
Application

77.‍037 Insertion start If one of the following provisions Insertion end comes into force after the coming into force of this section, Insertion start then that provision Insertion end shall Insertion start not Insertion end be applied in respect of goods of a Insertion start CUSMA Insertion end country unless an Act of Parliament expressly Insertion start declares Insertion end that the provision applies in respect of goods of that Insertion start CUSMA Insertion end country:

  • (a) Insertion start a provision Insertion end of an Act to amend this Act;

  • (b) Insertion start a provision Insertion end of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or

  • (c) Insertion start a provision that amends a Insertion end provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.

1993, c. 44, s. 219; 2005, c. 38, par. 134(z.‍28)

101Section 83.‍1 of the Act is replaced by the following:
Information to be disclosed

83.‍1Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a Insertion start CUSMA Insertion end country, the President shall, on receipt of a request from the government of that Insertion start CUSMA Insertion end 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)

102Subsection 96.‍11(1) of the Act is replaced by the following:
No references

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 Insertion start CUSMA Insertion end country.

1993, c. 44, s. 222; 1999, c. 12, art. 48(F)

103Subsections 96.‍21(1) to (5) of the Act are replaced by the following:
Request for review of final determination

96.‍21(1)The Minister for International Trade may, in the manner provided for by the law of a Insertion start CUSMA Insertion end country giving effect to the Insertion start Canada–United States–Mexico Insertion end Agreement, request that a final determination be reviewed by a panel established under that law.

Idem

(2)Any person who, but for the law of a Insertion start CUSMA Insertion end country giving effect to the Insertion start Canada–United States–Mexico Insertion end Agreement, would be entitled under the law of that Insertion start CUSMA Insertion end 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.

Deeming

(3)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 Insertion start 10.‍12 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

Limitation period

(4)A 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 Insertion start CUSMA Insertion end 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 determination

(5)In this section, final determination means a final determination as defined in Insertion start Article 10.‍8 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

1993, c. 44, s. 223(1)

104(1)Paragraph 97(1)‍(g.‍11) of the Act is replaced by the following:
  • (g.‍11)deeming a government in Canada or in a Insertion start CUSMA Insertion end country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.‍011(2);

1993, c. 44, s. 223(2)

(2)Paragraphs 97(1)‍(g.‍21) and (g.‍22) of the Act are replaced by the following:
  • (g.‍21)defining the expression goods of a Insertion start CUSMA Insertion end country for the purpose of this Act;

  • (g.‍22)determining, in respect of each Insertion start CUSMA Insertion end country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

Transitional Provisions

Definition of commencement day

105In sections 106 and 107, commencement day means the day fixed under subsection 213(1).

Pending proceedings

106Proceedings 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 proceedings

107If 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-13

Trademarks Act

108Section 20 of the Trademarks Act is amended by adding the following after subsection (1):

Deemed infringement under paragraph (1)‍(b)
Start of inserted block

(1.‍01)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.

End of inserted block

2014, c. 32, s. 43

109(1)Subsection 51.‍03(2) of the Act is amended by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).

2017, c. 6, s. 71

(2)Subsection 51.‍03(2.‍3) of the Act is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

(3)Section 51.‍03 of the Act is amended by adding the following after subsection (2.‍3):

Customs transit or transhipment control
Start of inserted block

(2.‍4)For 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.

End of inserted block

2014, c. 32, s. 43

110Paragraph 51.‍06(1)‍(b) of the Act is replaced by the following:

  • (b)the name and address of their owner, importer, exporter and consignee and of the person who made them Insertion start and of any other person involved in their movement Insertion end ;

R.‍S.‍, c. 28 (1st Supp.‍)

Investment Canada Act

1994, c. 47, s. 134

111Subsections 24(2) to (5) of the Investment Canada Act are replaced by the following:

Authority to purchase cultural business

(2)Notwithstanding section 90 of the Financial Administration Act, where a Insertion start CUSMA Insertion end 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 agent

(3)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 Agreement under Article Insertion start 32.‍6 Insertion end of the Agreement, as the Governor in Council considers appropriate.

Definitions

(4) Insertion start The following definitions apply Insertion end in this section.

Agreement has the Insertion start same Insertion end meaning Insertion start as in section 2 of the Canada–United States–Mexico Agreement Implementation Act Insertion end .‍ (Accord)

controlled by a Insertion start CUSMA Insertion end investor, with respect to a Canadian business, means, notwithstanding subsection 28(2),

  • (a)the ultimate direct or indirect control in fact of the Canadian business by a Insertion start CUSMA Insertion end investor through the ownership of voting interests; or

  • (b)the ownership by a Insertion start CUSMA Insertion end investor of all or substantially all of the assets used in carrying on the Canadian business.‍ (sous le contrôle d’un investisseur Insertion start ACEUM Insertion end )

Insertion start CUSMA Insertion end country means a country that is a party to the Agreement.‍ (pays Insertion start ACEUM Insertion end )

Insertion start CUSMA Insertion end investor means

  • (a)an individual, other than a Canadian, who is a national as defined in Article Insertion start 1.‍5 Insertion end of the Agreement;

  • (b)a government of a Insertion start CUSMA Insertion end country, whether federal, state or local, or an agency thereof;

  • (c)an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a Insertion start CUSMA Insertion end investor-controlled entity, as determined in accordance with subsection (5);

  • (d)a corporation or limited partnership

    • (i)that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1),

    • (ii)that is not a Insertion start CUSMA Insertion end investor within the meaning of paragraph (c),

    • (iii)of which less than a majority of its voting interests are owned by Insertion start CUSMA Insertion end investors,

    • (iv)that is not controlled in fact through the ownership of its voting interests, and

    • (v)of 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 Insertion start CUSMA Insertion end investors;

  • (e)a trust

    • (i)that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2),

    • (ii)that is not a Insertion start CUSMA Insertion end investor within the meaning of paragraph (c),

    • (iii)that is not controlled in fact through the ownership of its voting interests, and

    • (iv)of which two thirds of its trustees are any combination of Canadians and Insertion start CUSMA Insertion end investors; or

  • (f)any other form of business organization specified by the regulations that is controlled by a Insertion start CUSMA Insertion end investor.‍ (investisseur Insertion start ACEUM Insertion end )

Interpretation

(5)For the purposes only of determining whether an entity is a Insertion start CUSMA Insertion end investor-controlled entity under paragraph (c) of the definition Insertion start CUSMA Insertion end investor in subsection (4),

  • (a)subsections 26(1) and (2) and section 27 apply and, for that purpose,

    • (i)every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “ Insertion start CUSMA Insertion end investor” or “ Insertion start CUSMA Insertion end investors”, respectively,

    • (ii)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 Insertion start CUSMA Insertion end investor,” or “non-Canadians, other than Insertion start CUSMA Insertion end 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 Insertion start CUSMA Insertion end investors”,

    • (iii)every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “ Insertion start CUSMA Insertion end investor-controlled”, and

    • (iv)the reference in subparagraph 27(d)‍(i) to “Canada” shall be read and construed as a reference to “a Insertion start CUSMA Insertion end country”; and

  • (b)where two persons, one being a Canadian and the other being a Insertion start CUSMA Insertion end investor, own equally all of the voting shares of a corporation, the corporation is deemed to be Insertion start CUSMA Insertion end investor-controlled.

112The 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”.

113The 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 Act

1993, c. 44, s. 81

114(1)The definitions NAFTA and NAFTA country in subsection 2(1) of the Customs Act are repealed.

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

Start of inserted block

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)

End of inserted block

1993, c. 44, s. 83; 2001, c. 25, s. 30(3)

115Subsection 35.‍02(4) of the Act is repealed.

1988, c. 65, s. 69; 2018, c. 23, s. 21

116(1)Subsections 35.‍1(3) and (3.‍1) of the Act are replaced by the following:

Who furnishes

(3)Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished Insertion start in accordance with Insertion end subsection (1) by the importer or owner Insertion start of the goods Insertion end .

Certificate of origin completed by importer

(3.‍1)If an importer of goods for which preferential tariff treatment under the CPTPP Insertion start or CUSMA Insertion end will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP Insertion start or CUSMA Insertion end , 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. 69

(2)The portion of subsection 35.‍1(4) of the Act before paragraph (a) is replaced by the following:

Regulations

(4)The Governor in Council, on the recommendation of the Minister, may make regulations

1997, c. 14, s. 38

117The heading “Conduct of Verification” before section 42.‍1 of the Act is replaced by the following:

Start of inserted block
Origin of Goods, Duty Relief and Drawback
End of inserted block

1997, c. 14, s. 38; 1997, c. 36, s. 161

118(1)Subsection 42.‍1(1) of the Act is amended by adding “or” after paragraph (a) and by repealing paragraph (b).

(2)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).

  • Start of inserted block

    (c)enter any prescribed premises or place at any reasonable time to verify the amount, if any, of

    • (i)a 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, or

    • (ii)a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country.

      End of inserted block

2014, c. 14, s. 24

119Subsections 42.‍3(1) to (4) of the Act are replaced by the following:

Definition of customs administration

42.‍3(1)In 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 goods

(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 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 country — Chile, Costa Rica or Honduras — from which the goods were exported.

Limitation

(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 country — Chile, Costa Rica or Honduras — from which the goods were exported, has, before that date,

  • (a)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); 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 Chile, Costa Rica or Honduras.

Postponement of effective date

(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 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.

120The Act is amended by adding the following after section 42.‍4:

Start of inserted block
Duty Evasion
End of inserted block
Definition of duty evasion
Start of inserted block

42.‍5In 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.

End of inserted block
Duty evasion verification
Start of inserted block

42.‍6(1)If 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.

End of inserted block
Paragraph 7(a) of Article 10.‍7 of CUSMA
Start of inserted block

(2)The 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.

End of inserted block
Power to enter
Start of inserted block

(3)In conducting the duty evasion verification, the officer may enter the premises of an exporter or producer of goods.

End of inserted block
Report
Start of inserted block

42.‍7After 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.

End of inserted block

1993, c. 44, s. 88; 1997, c. 36, s. 165; 2001, c. 25, s. 39(2)‍(F); 2005, c. 38, s. 72

121Section 57.‍01 of the Act and the heading before it are repealed.

2001, c. 25, s. 41(1)

122(1)The portion of paragraph 59(1)‍(a) of the Act before subparagraph (i) is replaced by the following:

  • (a)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 within

2001, c. 25, s. 41(2)

(2)Subsection 59(2) of the Act is replaced by the following:

Notice requirement

(2)An 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.

2001, c. 25, s. 41(3)

(3)The portion of subsection 59(3) of the French version of the Act before paragraph (a) is replaced by the following:

Paiement ou remboursement

(3)Les 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 :

2001, c. 25, s. 42(1)

123(1)Subsection 60(1) of the Act is replaced by the following:

Request for re-determination or further re-determination

60(1)A 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.

2001, c. 25, s. 42(3)

(2)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).

1997, c. 36, s. 166; 2001, c. 25, s. 44

124Subsection 61(1) of the Act is amended by adding “and” after paragraph (a) and by repealing paragraph (b).

2001, c. 25, s. 46

125Subsection 65.‍1(3) of the Act is repealed.

1997, c. 14, s. 43(1); 1999, c. 31, s. 71(F)

126Paragraph 74(1)‍(c.‍1) of the Act is replaced by the following:

  • (c.‍1)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);

1997, c. 14, s. 44

127(1)Subsection 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-échange

97.‍1(1)Quiconque 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 Insertion start partenaire de libre-échange Insertion end 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.

2018, c. 23, s. 25

(2)The portion of subsection 97.‍1(1.‍1) of the Act before paragraph (a) is replaced by the following:

Certificate of Origin — CPTPP or CUSMA

(1.‍1)If an exporter or producer of goods Insertion start that are exported to a CPTPP country or CUSMA country Insertion end and for which preferential tariff treatment under the CPTPP Insertion start or CUSMA Insertion end will be claimed in accordance with the laws of Insertion start that Insertion end country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP Insertion start or CUSMA Insertion end , the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and

1997, c. 14, s. 44; 2018, c. 23, s. 25(2)‍(E)

(3)Subsection 97.‍1(2) of the French version of the Act is replaced by the following:

Exemplaire du certificat

(2)Tout exportateur ou producteur de marchandises qui, afin de permettre à une personne de se conformer aux lois douanières applicables Insertion start d’un partenaire de libre-échange Insertion end , remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande.

2001, c. 25, s. 56(F); 2018, c. 23, s. 25(2)‍(E)

(4)Subsection 97.‍1(3) of the English version of the Act is replaced by the following:

Notification of correct information

(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 Insertion start each Insertion end CPTPPcountry Insertion start or CUSMA country Insertion end to whom the certificate was given of the correct information. 

128Part 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”.

129Part 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.

130Part 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”.

131Part 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.

132Part 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”.

133Part 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.

134Part 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.

135Part 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”.

136Part 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 Act

1997, c. 14, s. 32

137(1)Paragraph 5(4)‍(a) of the Commercial Arbitration Act is repealed.

(2)Subsection 5(4) of the Act is amended by adding the following after paragraph (a):

  • Start of inserted block

    (a.‍1)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;

    End of inserted block

R.‍S.‍, c. 47 (4th Supp.‍)

Canadian International Trade Tribunal Act

Amendments to the Act

2018, c. 23, s. 32(1)

138(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)

1993, c. 44, s. 32(3)

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

(2)In this Act,

  • Insertion start (a) Insertion end Agreement Insertion start has Insertion end the same meaning as in Insertion start section 2 Insertion end of the Insertion start Canada–United States–Mexico Agreement Insertion end Implementation Act; and

  • Insertion start (b) Insertion end Insertion start Insertion end Insertion start CUSMA Insertion end country Insertion start means a country that is a party to the Agreement Insertion end .

2018, c. 23, s. 32(3)

(3)Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.
(4)Subsection 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. 33

139Section 2.‍1 of the Act is replaced by the following:
Suspension of certain provisions

2.‍1 Insertion start (1) Insertion end The operation of the provisions referred to in column II of this Insertion start subsection Insertion end is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:

Column I
Column II
Provisions in force
Provisions suspended
section 20.‍01
section 20.‍1
section 20.‍2
section 21
section 21.‍1
section 22
Canada-United States Free Trade Agreement

Insertion start (2) Insertion end Insertion start Insertion end Insertion start The operation of Insertion end section 19.‍1, subsection 23(1.‍1), subparagraph 26(1)‍(a)‍(ii) Insertion start and Insertion end paragraph 27(1)‍(b) Insertion start is suspended during the period in which the Canada-United States Free Trade Agreement is suspended Insertion end .

1994, c. 47, s. 31; 1997, c. 36, s. 193

140Section 19.‍01 of the Act is repealed.

1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)‍(F) and (c)‍(F)

141Sections 20 and 20.‍01 of the Act are replaced by the following:
Definition of principal cause
Start of inserted block

20(1)In 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.

End of inserted block
Inquiry into injury matters

Insertion start (2) Insertion end The 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 to

  • (a)the 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, or

  • (b)the 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 importantly

20.‍01(1)In this section, contribute importantly Insertion start means to be an important cause, but not necessarily the most important cause Insertion end .

Determination in respect of CUSMA country goods

(2)Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a Insertion start CUSMA Insertion end 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 determine

  • (a)whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

  • (b)whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other Insertion start CUSMA Insertion end country, contribute importantly to the serious injury or threat thereof.

Idem

(2.‍1)In an inquiry under section 30.‍07 into goods imported from a Insertion start CUSMA Insertion end country conducted pursuant to an extension request, the Tribunal shall determine in respect of each Insertion start CUSMA Insertion end country

  • (a)whether the quantity of the goods imported from the Insertion start CUSMA Insertion end country accounts for a substantial share of total imports of goods of the same kind; and

  • (b)whether the goods imported from the Insertion start CUSMA Insertion end country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other Insertion start CUSMA Insertion end country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Considerations

(3)In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article Insertion start 10.‍2 Insertion end of the Agreement.

1993, c. 44, s. 38

142(1)Subsection 20.‍2(1) of the Act is replaced by the following:
Terms of reference

20.‍2(1)The 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.

1993, c. 44, s. 38

(2)Subsections 20.‍2(3) and (4) of the Act are replaced by the following:
Tabling of report

(3)The 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 report

(4)The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.

1997, c. 36, s. 196(1)

143Subsections 23(1.‍01) to (1.‍03) of the Act are repealed.

2014, c. 14, s. 36

144Paragraph 25(2)‍(c) of the Act is replaced by the following:
  • (c)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.

1997, c. 36, s. 197(1)

145(1)Subparagraphs 26(1)‍(a)‍(i.‍1) to (i.‍3) of the Act are repealed.

2001, c. 28, s. 24(2)

(2)Subsection 26(2.‍1) of the Act is replaced by the following:
Copies to Minister

(2.‍1)Notwithstanding 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).

1997, c. 36, s. 198(1)

146(1)Paragraphs 27(1)‍(a.‍1) to (a.‍3) of the Act are repealed.

1993, c. 44, s. 43(2)

(2)Subsection 27(2.‍1) of the Act is repealed.

1993, c. 44, s. 44

147(1)Subsection 30.‍01(1) of the Act is replaced by the following:
Definition of surge

30.‍01(1)In this section, surge Insertion start means a significant increase in imports over the trend for a recent representative base period Insertion end .

1994, c. 47, s. 37

(2)Paragraph 30.‍01(2)‍(b) of the Act is replaced by the following:
  • (b)the surtax or inclusion does not apply to or include goods imported from a Insertion start CUSMA Insertion end country on the basis of a determination made under subsection 20.‍01(2) or (2.‍1) of this Act.

1994, c. 47, s. 37

(3)Subsection 30.‍01(2.‍1) of the Act is replaced by the following:
Allegations

(2.‍1)The complaint must allege that a surge of imports of goods imported from a Insertion start CUSMA Insertion end 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. 454

148Section 44.‍1 of the Act is replaced by the following:
Information to be disclosed

44.‍1(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 Insertion start CUSMA Insertion end 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 government

(2)For the purposes of subsection (1), government has the meaning assigned to the expression government of a Insertion start CUSMA Insertion end country by subsection 2(1) of the Special Import Measures Act.

Transitional Provisions

Definition of commencement day

149In sections 150 and 151, commencement day means the day fixed under subsection 213(1).

Pending proceedings

150(1)Subject 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.

Exception

(2)Subsection (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 proceedings

151If 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. 11

Broadcasting Act

152Section 27 of the Broadcasting Act is replaced by the following:

Directions – Free Trade Agreement

27(1)The Governor in Council may, on the recommendation of the Minister, issue directions

  • Start of inserted block

    (a)requiring 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;

  • (b)respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; and

  • (c)requiring 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.

    End of inserted block
Consultation
Start of inserted block

(2)The Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1).

End of inserted block
Directions binding
Start of inserted block

(3)A direction issued under subsection (1) is binding on the Commission from the time it comes into force.

End of inserted block
Definition of Agreement
Start of inserted block

(4)In this section, Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act.

End of inserted block

1991, c. 45

Trust and Loan Companies Act

153Section 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order:

Start of inserted block

regulated foreign entity means an entity that is

  • (a)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, and

  • (b)subject to financial services regulation in that country or territory; (entité étrangère réglementée)

    End of inserted block

154Section 244 of the Act is amended by adding the following after subsection (3):

Exception
Start of inserted block

(3.‍1)Subject to subsection 250(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

End of inserted block

2007, c. 6, s. 353

155Subsection 250(2) of the Act is replaced by the following:

Direction — immediate, direct, complete and ongoing access
Start of inserted block

(1.‍1)Where 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 fit

  • (a)if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

  • (b)if 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.

    End of inserted block
Company to comply

(2)A company shall without delay comply with any Insertion start order Insertion end issued under subsection (1) Insertion start or (1.‍1) Insertion end .

156Section 252 of the Act is replaced by the following:

Regulations

252The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, Insertion start including Insertion end the length of time those records, papers and documents are to be retained, Insertion start and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.‍1)‍(a). Insertion end

157Section 256 of the Act is amended by adding the following after subsection (2):

Exception
Start of inserted block

(3)Subject to subsection 250(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

End of inserted block

1991, c. 46

Bank Act

158Section 2 of the Bank Act is amended by adding the following in alphabetical order:

Start of inserted block

regulated foreign entity means an entity that is

  • (a)incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV is applicable, and

  • (b)subject to financial services regulation in that country or territory; (entité étrangère réglementée)

    End of inserted block

159The Act is amended by adding the following after section 14.‍1:

Schedule IV
Start of inserted block

14.‍11For 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.

End of inserted block

160Section 239 of the Act is amended by adding the following after subsection (3):

Exception
Start of inserted block

(3.‍1)Subject 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.

End of inserted block

2007, c. 6, s. 17

161Subsection 245(2) of the Act is replaced by the following:

Direction — immediate, direct, complete and ongoing access
Start of inserted block

(1.‍1)Where 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 fit

  • (a)if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

  • (b)if 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.

    End of inserted block
Bank to comply

(2)A bank shall without delay comply with any Insertion start order Insertion end issued under subsection (1) Insertion start or (1.‍1) Insertion end .

162Section 247 of the Act is replaced by the following:

Regulations

247The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank, Insertion start including Insertion end the length of time those records, papers and documents are to be retained, Insertion start and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 245(1.‍1)‍(a). Insertion end

163Section 251 of the Act is amended by adding the following after subsection (2):

Exception
Start of inserted block

(3)Subject 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.

End of inserted block

164Section 597 of the Act is amended by adding the following after subsection (2):

Exception
Start of inserted block

(2.‍1)Subject to subsection 245(1.‍1), subsection (2) does not apply to an authorized foreign bank that is:

  • (a)incorporated in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable; or

  • (b)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.

    End of inserted block

2007, c. 6, s. 95

165Section 598 of the Act is replaced by the following:

Application of sections 244 to 247

598Sections 244 to 247 apply, with any modifications that the circumstances require, to an authorized foreign bank, Insertion start and in the application of those sections Insertion end ,

  • (a)the reference in Insertion start subsections Insertion end 245(1) Insertion start and (1.‍1) Insertion end to “records referred to in section 238 Insertion start shall be read as Insertion end a reference to “records referred to in subsection 597(1)”;

  • (b) Insertion start the reference in subsection 245(1.‍1) to “subsection 239(3.‍1)” shall be read as a reference to “subsection 597(2.‍1)” Insertion end ;

  • Start of inserted block

    (c)the reference in subsection 245(1.‍1) to “directors” shall be read as a reference to “principal officer”; and

    End of inserted block
  • Insertion start (d) Insertion end the reference in paragraph 246(1)‍(a) to “records of the bank referred to in subsection 238(1)” Insertion start shall be read as Insertion end a reference to “records of the authorized foreign bank” referred to in subsection 597(1)”.

166Section 816 of the Act is amended by adding the following after subsection (1):

Exception
Start of inserted block

(1.‍1)Subject 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.

End of inserted block

2007, c. 6, s. 117

167Subsection 822(2) of the Act is replaced by the following:

Direction — immediate, direct, complete and ongoing access
Start of inserted block

(1.‍1)Where 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 fit

  • (a)if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

  • (b)if 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.

    End of inserted block
Bank holding company to comply

(2)A bank holding company shall without delay comply with any Insertion start order Insertion end issued under subsection (1) Insertion start or (1.‍1) Insertion end .

2001, c. 9, s. 183

168Section 824 of the Act is replaced by the following:

Regulations

824The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company, Insertion start including Insertion end the length of time those records, papers and documents are to be retained, Insertion start and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 822(1.‍1)‍(a). Insertion end

169Section 828 of the Act is amended by adding the following after subsection (2):

Exception
Start of inserted block

(3)Subject 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.

End of inserted block

170The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 1 to this Act.

1991, c. 47

Insurance Companies Act

171Section 2 of the Insurance Companies Act is amended by adding the following in alphabetical order:

Start of inserted block

regulated foreign entity means an entity that is

  • (a)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; and

  • (b)subject to financial services regulation in that country or territory. (entité étrangère réglementée)

    End of inserted block

172Section 262 of the Act is amended by adding the following after subsection (3):

Exception
Start of inserted block

(3.‍1)Subject to subsection 268(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

End of inserted block

2007, c. 6, s. 212

173Subsection 268(2) of the Act is replaced by the following:

Direction — immediate, direct, complete and ongoing access
Start of inserted block

(1.‍1)Where 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 fit

  • (a)if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

  • (b)if 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.

    End of inserted block
Company to comply

(2)A company shall without delay comply with any Insertion start order Insertion end issued under subsection (1) Insertion start or (1.‍1) Insertion end .

174Section 270 of the Act is replaced by the following:

Regulations

270The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, Insertion start including Insertion end the length of time those records, papers and documents are to be retained, Insertion start and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 268(1.‍1)‍(a). Insertion end

175Section 274 of the Act is amended by adding the following after subsection (2):

Exception
Start of inserted block

(3)Subject to subsection 268(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

End of inserted block

176Section 549.‍1 of the Act is renumbered as subsection 549.‍1(1) and is amended by adding the following:

For greater certainty
Start of inserted block

(2)For greater certainty, subsection 262(3.‍1) does not apply to societies.

End of inserted block

177Section 647 of the Act is amended by adding the following after subsection (3):

Exception
Start of inserted block

(4)Subject 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.

End of inserted block

178Subsection 656(2) of the Act is replaced by the following:

Idem

(2)Subsections 15(1) and (2), sections 254 to 256 and Insertion start subsections Insertion end 268 Insertion start (1) and (2) Insertion end 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.

179Section 870 of the Act is amended by adding the following after subsection (1):

Exception
Start of inserted block

(1.‍1)Subject to subsection 876(1.‍1), subsection (1) does not apply to an insurance holding company that is a subsidiary of a regulated foreign entity.

End of inserted block

2007, c. 6, s. 322

180Subsection 876(2) of the Act is replaced by the following:

Direction — immediate, direct, complete and ongoing access
Start of inserted block

(1.‍1)Where 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 fit

  • (a)if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

  • (b)if 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.

    End of inserted block
Insurance holding company

(2)An insurance holding company shall without delay comply with any Insertion start order Insertion end issued under subsection (1) Insertion start or (1.‍1) Insertion end .

2001, c. 9, s. 465

181Section 878 of the Act is replaced by the following:

Regulations

878The Governor in Council may make regulations respecting the records, papers and documents to be retained by an insurance holding company, Insertion start including Insertion end the length of time those records, papers and documents are to be retained, Insertion start and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 876(1.‍1)‍(a). Insertion end

182Section 879 of the Act is amended by adding the following after paragraph (a):

  • Start of inserted block

    (b)the reference to “subsection 268(1.‍1)” in subsection 274(3) is to be read as a reference to “subsection 876(1.‍1)”;

    End of inserted block

1997, c. 36

Customs Tariff

183(1)The 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.

(2)The definition Mexico in subsection 2(1) of the Act is replaced by the following:

Start of inserted block

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)

End of inserted block

(3)Paragraph (a) of the definition free trade partner in subsection 2(1) of the Act is replaced by the following:

  • Start of inserted block

    (a)the United States;

  • (a.‍1)Mexico;

    End of inserted block

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

Start of inserted block

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)

End of inserted block

2012, c. 18, s. 33, c. 26, s. 39 and s. 62(37); 2014, c. 28, s. 44

184(1)Section 5 of the Act is amended by striking out the following from the list of countries:

a NAFTA country

(2)Section 5 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

2012, c. 26, s. 63(2)

185Subparagraphs 14(2)‍(c)‍(iv) and (v) of the Act are repealed.

186Paragraph 16(4)‍(a) of the Act is replaced by the following:

  • (a)Chapters Insertion start 4 Insertion end and Insertion start 6 Insertion end of the Insertion start Canada–United States–Mexico Insertion end 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. 115

187Subparagraph 24(1)‍(b)‍(v) of the Act is replaced by the following:

  • (v)subsection 45( Insertion start 7 Insertion end ),

2012, c. 26, s. 63(3)

188(1)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)

(2)Section 27 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

MXT refers to the Mexico Tariff.‍ (TMX)

End of inserted block

189The heading before section 45 of the Act is replaced by the following:

United States Tariff and Mexico Tariff

190Subsections 45(3) to (13) of the Act are replaced by the following:

“F” staging for UST
Start of inserted block

(3)If “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.

End of inserted block
Application of MXT
Start of inserted block

(4)Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty.

End of inserted block
“A” final rate for MXT
Start of inserted block

(5)If “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”.

End of inserted block
“F” staging for MXT
Start of inserted block

(6)If “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.

End of inserted block
Extension of UST and MXT
Start of inserted block

(7)Despite 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.

End of inserted block

191(1)Paragraph 53(2)‍(c) of the Act is replaced by the following:

  • (c)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, Insertion start or a class of such goods Insertion end ; and

(2)Section 53 of the Act is amended by adding the following after subsection (3):

Retroactivity
Start of inserted block

(3.‍1)An 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.

End of inserted block

2011, c. 24, s. 124

192(1)The 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.

(2)The 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.

2011, c. 24, s. 124

(3)Paragraph (a) of the definition surge in section 54 of the Act is replaced by the following:

  • Start of inserted block

    (a)the United States or Mexico, means a significant increase in imports over the trend for a recent representative base period; or

    End of inserted block

193(1)Paragraph 59(1)‍(b) of the Act is replaced by the following:

  • (b)in the case of goods imported from a country Insertion start that is a party to the Canada–United States–Mexico Agreement Insertion end , 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 Insertion start that is a party to that Agreement Insertion end , contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

(2)Paragraph 59(2)‍(b) of the Act is replaced by the following:

  • (b)in the case of goods imported from a country Insertion start that is a party to the Canada–United States–Mexico Agreement Insertion end , 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 Insertion start that is a party to that Agreement Insertion end , contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

(3)Paragraph 59(3)‍(a) of the Act is replaced by the following:

  • (a)in the case of goods imported from a country Insertion start that is a party to the Canada–United States–Mexico Agreement Insertion end , 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 Insertion start that is a party to that Agreement Insertion end , does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

194Subsection 61(2) of the Act is replaced by the following:

Limitation

(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, as the case may be, by

  • Insertion start (a) Insertion end subparagraph 5(b) of Article Insertion start 10.‍2 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement;

  • Insertion start (b) Insertion end subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement; or

  • Insertion start (c) Insertion end subparagraph 5(b) of Article 4.‍6 of the Canada–Israel Free Trade Agreement.

195Paragraph 63(4)‍(b) of the Act is replaced by the following:

  • (b)in the case of goods imported from a country Insertion start that is a party to the Canada–United States–Mexico Agreement Insertion end , 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 Insertion start that is a party to that Agreement Insertion end , contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

2018, c. 27, ss. 70 and 71

196The heading before section and sections 69 and 70 of the Act are repealed.

2012, c. 26, s. 63(4)

197Paragraphs 79(e) and (f) of the Act are repealed.

198(1)The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

Repayment of relief

95(1)If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the Insertion start United States or Mexico Insertion end ,

2005, c. 38, par. 145(2)‍(j)

(2)Subsections 95(3) to (5) of the Act are replaced by the following:

Reduction of amount repayable

(4)The 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 Insertion start United States or of Mexico Insertion end .

Amount of reduction

(5)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 Insertion start United States or of Mexico Insertion end 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.

(3)Paragraph 95(6)‍(a) of the Act is replaced by the following:

  • (a)imported goods that originate in Insertion start the United States or Mexico Insertion end that are

    • (i)subsequently exported to Insertion start the United States or Mexico Insertion end ,

    • (ii)used as materials in the production of goods that are subsequently exported to Insertion start the United States or Mexico Insertion end , or

    • (iii)substituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to Insertion start the United States or Mexico Insertion end ;

(4)Paragraph 95(6)‍(d) of the Act is replaced by the following:

  • (d)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;

(5)Subparagraph 95(6)‍(f)‍(iv) of the Act is replaced by the following:

  • (iv)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 Insertion start the United States or of Mexico Insertion end , or with a project in Canada undertaken by the government of the Insertion start United States or of Mexico Insertion end and destined to become the property of the government of the Insertion start United States or of Mexico Insertion end ; and

(6)Paragraph 95(6)‍(g) of the Act is replaced by the following:

  • (g)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 Insertion start the United States or of Mexico Insertion end relating to the application of this subsection.

(7)Subsection 95(7) of the Act is replaced by the following:

Definitions of identical or similar goods and used

(7)In this section, identical or similar goods and used have the Insertion start same Insertion end meanings Insertion start as in Insertion end paragraph Insertion start 7 Insertion end of Article Insertion start 2.‍5 Insertion end of the Insertion start Canada–United States–Mexico Insertion end Agreement.

199Sections 96 and 97 of the Act are replaced by the following:

Maximum drawback

96Subject 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 of

  • (a)the amount of customs duties paid or owed in respect of the imported goods at the time of importation, and

  • (b)the amount of customs duties paid to the country Insertion start that is a party to the Canada–United States–Mexico Agreement Insertion end to which the imported goods were subsequently exported.

No relief or drawback of SIMA duties

97Subject 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.

200The portion of subsection 98(1) of the Act before paragraph (a) is replaced by the following:

Exports to United States or Mexico

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 or Mexico and the relief or drawback could not be granted because of section 97,

201Paragraph 132(1)‍(m) of the Act is amended by adding the following after subparagraph (i):

  • Start of inserted block

    (i.‍1)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,

    End of inserted block

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)

202(1)Paragraph 133(j) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

(2)Paragraph 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)

(3)Paragraph 133(j.‍1) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

(4)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.

203(1)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”.

(2)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”.

(3)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”.

(4)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”.

204(1)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.

(2)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 “CT”, a reference to “UST:”;

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

  • (c)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;

  • (d)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; and

  • (e)adding 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.

(3)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”, below the reference to “UST”, a reference to “MXT:”;

  • (b)adding in the column “Preferential Tariff / Final Rate”, below the reference to “UST”, a reference to “MXT:”;

  • (c)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; and

  • (d)adding 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.

(4)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:

1.“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.

(5)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.

(6)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:

  • (iv)have an internal volume of at least 1 m3;

(7)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:

  • (f)imported from Mexico

(8)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 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;

(9)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):

  • (d)indigenous handicraft goods.

205(1)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.

(2)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. 28

Pest Control Products Act

206Subsections 67(3) and (4) of the Pest Control Products Act are replaced by the following:

Regulations re WTO Agreement

(3)Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council Insertion start considers Insertion end 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 Agreement

(4)In subsection (3), WTO Agreement has the meaning Insertion start assigned by the definition Insertion end Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

2019, c. 28, s. 10

Canadian Energy Regulator Act

207Paragraph 353(1)‍(g) of the Canadian Energy Regulator Act is replaced by the following:

  • (g)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).

208(1)The definition NAFTA in section 373 of the Act is repealed.

(2)Section 373 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (ACEUM)

End of inserted block

209Subsections 374(1) and (2) of the Act are replaced by the following:

Principle

374(1)In exercising its powers and performing its duties and functions, the Regulator must give effect to Insertion start CUSMA Insertion end , Insertion start the Insertion end CCFTA and Insertion start the Insertion end CCRFTA.

Directions

(2)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 Insertion start CUSMA Insertion end , Insertion start the Insertion end CCFTA or Insertion start the Insertion end CCRFTA by the Regulator for the purposes of this Act.

210Sections 375 and 376 of the Act are replaced by the following:

Declaration of Governor in Council

375The 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 Insertion start the Insertion end CCFTA or Article III.‍11 of Insertion start the Insertion end CCRFTA, as the case may be.

Request for declaration

376If, 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 Insertion start the Insertion end CCFTA or subparagraph 1(a), (b) or (c) of Article III.‍11 of Insertion start the Insertion end 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.

211Subsections 377(1) and (2) of the Act are replaced by the following:

Exportation to Chile or Costa Rica

377(1)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 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 Insertion start the Insertion end CCFTA or subparagraph 1(a), (b) or (c) of Article III.‍11 of Insertion start the Insertion end CCRFTA, as the case may be, would apply.

Exception

(2)Subsection (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.

212The portion of section 378 of the Act before paragraph (a) is replaced by the following:

No declaration made

378Despite not being satisfied Insertion start that Insertion end the criteria set out in section 345 Insertion start have been met Insertion end , 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 if

PART 3
Coming into Force

Order in council

213(1)Subject to subsections (2) to (4), this Act comes into force on a day to be fixed by order of the Governor in Council.

First anniversary

(2)Sections 21 and 153 to 182 come into force on the earlier of

  • (a)a day to be fixed by order of the Governor in Council, and

  • (b)the day before the first anniversary of the day fixed under subsection (1).

Sixth anniversary

(3)Subsection 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 council

(4)Subsection 137(1) comes into force on a day to be fixed by order of the Governor in Council.



SCHEDULE 1

(Section 170)
SCHEDULE IV
(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 Act

Agreement within the meaning of section 2 of the Canada–Peru Free Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–Colombia Free Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–Panama Economic Growth and Prosperity Act

Agreement within the meaning of section 2 of the Canada–Honduras Economic Growth and Prosperity Act

Agreement within the meaning of section 2 of the Canada–Korea Economic Growth and Prosperity Act

Agreement within the meaning of section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–United States–Mexico Agreement Implementation Act



SCHEDULE 2

(Paragraphs 204(2)‍(c) and (d))
0105.‍11.‍22
0406.‍10.‍20
1806.‍20.‍22
0105.‍94.‍92
0406.‍20.‍12
1806.‍90.‍12
0105.‍99.‍12
0406.‍20.‍92
1901.‍20.‍12
0207.‍11.‍92
0406.‍30.‍20
1901.‍20.‍22
0207.‍12.‍92
0406.‍40.‍20
1901.‍90.‍32
0207.‍13.‍92
0406.‍90.‍12
1901.‍90.‍34
0207.‍13.‍93
0406.‍90.‍22
1901.‍90.‍52
0207.‍14.‍22
0406.‍90.‍32
1901.‍90.‍54
0207.‍14.‍92
0406.‍90.‍42
2105.‍00.‍92
0207.‍14.‍93
0406.‍90.‍52
2106.‍90.‍32
0207.‍24.‍12
0406.‍90.‍62
2106.‍90.‍34
0207.‍24.‍92
0406.‍90.‍72
2106.‍90.‍52
0207.‍25.‍12
0406.‍90.‍82
2106.‍90.‍94
0207.‍25.‍92
0406.‍90.‍92
2202.‍99.‍33
0207.‍26.‍20
0406.‍90.‍94
2309.‍90.‍32
0207.‍26.‍30
0406.‍90.‍96
3502.‍11.‍20
0207.‍27.‍12
0406.‍90.‍99
3502.‍19.‍20
0207.‍27.‍92
0407.‍11.‍12
9897.‍00.‍00
0207.‍27.‍93
0407.‍11.‍92
9898.‍00.‍00
0209.‍90.‍20
0407.‍21.‍20
9899.‍00.‍00
0209.‍90.‍40
0407.‍90.‍12
9904.‍00.‍00
0210.‍99.‍12
0408.‍11.‍20
9987.‍00.‍00
0210.‍99.‍13
0408.‍19.‍20
0210.‍99.‍15
0408.‍91.‍20
0210.‍99.‍16
0408.‍99.‍20
0401.‍10.‍20
1601.‍00.‍22
0401.‍20.‍20
1601.‍00.‍32
0401.‍40.‍20
1602.‍20.‍22
0401.‍50.‍20
1602.‍20.‍32
0402.‍10.‍20
1602.‍31.‍13
0402.‍21.‍12
1602.‍31.‍14
0402.‍21.‍22
1602.‍31.‍94
0402.‍29.‍12
1602.‍31.‍95
0402.‍29.‍22
1602.‍32.‍13
0402.‍91.‍20
1602.‍32.‍14
0402.‍99.‍20
1602.‍32.‍94
0403.‍10.‍20
1602.‍32.‍95
0403.‍90.‍12
1701.‍91.‍10
0403.‍90.‍92
1701.‍99.‍10
0404.‍90.‍20
1702.‍90.‍21
0405.‍10.‍20
1702.‍90.‍61
0405.‍20.‍20
1702.‍90.‍70
0405.‍90.‍20
1702.‍90.‍81


SCHEDULE 3

(Paragraphs 204(2)‍(c) and (e))
Tariff Item
Initial Rate
Final Rate
0404.‍10.‍22
208% but not less than $2.‍07/kg
Free (F)
1517.‍10.‍20
82.‍28¢/kg
Free (F)
1517.‍90.‍22
218% but not less than $2.‍47/kg
Free (F)


SCHEDULE 4

(Paragraph 204(2)‍(c) and subsection 205(2))
Tariff
Item
Most-Favoured-Nation Tariff
Preferential Tariff
0404.‍10.‍22
Effective on the day on which the Canada–United States–Mexico Agreement enters into force 
UST: 189% but not less than $1.‍88/kg
Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 170% but not less than $1.‍69/kg
Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 151% but not less than $1.‍50/kg
Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 132% but not less than $1.‍31/kg
Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 113% but not less than $1.‍12/kg
Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 94.‍5% but not less than $0.‍94/kg
Effective on January 1 of the sixth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 75.‍5% but not less than $0.‍75/kg
Effective on January 1 of the seventh year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 56.‍5% but not less than $0.‍56/kg
Effective on January 1 of the eighth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 37.‍5% but not less than $0.‍37/kg
Effective on January 1 of the ninth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 18.‍5% but not less than $0.‍18/kg
Effective on January 1 of the tenth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: Free
1517.‍10.‍20
Effective on the day on which the Canada–United States–Mexico Agreement enters into force 
UST: 68.‍56¢/kg
Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 54.‍85¢/kg
Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 41.‍14¢/kg
Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 27.‍42¢/kg
Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 13.‍71¢/kg
Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: Free
1517.‍90.‍22
Effective on the day on which the Canada–United States–Mexico Agreement enters into force 
UST: 181.‍5% but not less than $2.‍05/kg
Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 145% but not less than $1.‍64/kg
Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 109% but not less than $1.‍23/kg
Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 72.‍5% but not less than $0.‍82/kg
Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: 36% but not less than $0.‍41/kg
Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force 
UST: Free


SCHEDULE 5

(Paragraphs 204(3)‍(c) and (d))
0105.‍11.‍21
0207.‍51.‍00
0403.‍90.‍12
0406.‍90.‍93
1602.‍31.‍95
1901.‍90.‍53
0105.‍11.‍22
0207.‍54.‍00
0403.‍90.‍91
0406.‍90.‍94
1602.‍32.‍11
1901.‍90.‍54
0105.‍94.‍10
0207.‍55.‍10
0403.‍90.‍92
0406.‍90.‍95
1602.‍32.‍12
2105.‍00.‍10
0105.‍94.‍91
0207.‍60.‍11
0404.‍10.‍10
0406.‍90.‍96
1602.‍32.‍13
2105.‍00.‍91
0105.‍94.‍92
0207.‍60.‍19
0404.‍10.‍21
0406.‍90.‍98
1602.‍32.‍14
2105.‍00.‍92
0105.‍99.‍11
0207.‍60.‍91
0404.‍10.‍22
0406.‍90.‍99
1602.‍32.‍91
2106.‍90.‍21
0105.‍99.‍12
0209.‍90.‍10
0404.‍10.‍90
0407.‍11.‍11
1602.‍32.‍92
2106.‍90.‍31
0105.‍99.‍90
0209.‍90.‍20
0404.‍90.‍10
0407.‍11.‍12
1602.‍32.‍93
2106.‍90.‍32
0207.‍11.‍10
0209.‍90.‍30
0404.‍90.‍20
0407.‍11.‍91
1602.‍32.‍94
2106.‍90.‍34
0207.‍11.‍91
0209.‍90.‍40
0405.‍10.‍10
0407.‍11.‍92
1602.‍32.‍95
2106.‍90.‍51
0207.‍11.‍92
0209.‍90.‍90
0405.‍10.‍20
0407.‍19.‍00
1602.‍39.‍10
2106.‍90.‍52
0207.‍12.‍10
0210.‍99.‍11
0405.‍20.‍10
0407.‍21.‍10
1602.‍39.‍91
2106.‍90.‍94
0207.‍12.‍91
0210.‍99.‍12
0405.‍20.‍20
0407.‍21.‍20
1602.‍39.‍99
2202.‍99.‍33
0207.‍12.‍92
0210.‍99.‍13
0405.‍90.‍10
0407.‍29.‍00
1701.‍12.‍90
2309.‍90.‍31
0207.‍13.‍10
0210.‍99.‍14
0405.‍90.‍20
0407.‍90.‍11
1701.‍13.‍90
2309.‍90.‍32
0207.‍13.‍91
0210.‍99.‍15
0406.‍10.‍10
0407.‍90.‍12
1701.‍91.‍10
2309.‍90.‍35
0207.‍13.‍92
0210.‍99.‍16
0406.‍10.‍20
0407.‍90.‍90
1701.‍91.‍90
3501.‍10.‍00
0207.‍13.‍93
0210.‍99.‍19
0406.‍20.‍11
0408.‍11.‍10
1701.‍99.‍10
3501.‍90.‍00
0207.‍14.‍10
0401.‍10.‍10
0406.‍20.‍12
0408.‍11.‍20
1701.‍99.‍90
3502.‍11.‍10
0207.‍14.‍21
0401.‍10.‍20
0406.‍20.‍91
0408.‍19.‍10
1702.‍90.‍11
3502.‍11.‍20
0207.‍14.‍22
0401.‍20.‍10
0406.‍90.‍92
0408.‍19.‍20
1702.‍90.‍12
3502.‍19.‍10
0207.‍14.‍91
0401.‍20.‍20
0406.‍30.‍10
0408.‍91.‍10
1702.‍90.‍13
3502.‍19.‍20
0207.‍14.‍92
0401.‍40.‍10
0406.‍30.‍20
0408.‍91.‍20
1702.‍90.‍14
9801.‍20.‍00
0207.‍14.‍93
0401.‍40.‍20
0406.‍40.‍10
0408.‍99.‍10
1702.‍90.‍15
9826.‍10.‍00
0207.‍24.‍11
0401.‍50.‍10
0406.‍40.‍20
0408.‍99.‍20
1702.‍90.‍16
9826.‍20.‍00
0207.‍24.‍12
0401.‍50.‍20
0406.‍90.‍11
1601.‍00.‍11
1702.‍90.‍17
9826.‍30.‍00
0207.‍24.‍91
0402.‍10.‍10
0406.‍90.‍12
1601.‍00.‍21
1702.‍90.‍18
9826.‍40.‍00
0207.‍24.‍92
0402.‍10.‍20
0406.‍90.‍21
1601.‍00.‍22
1702.‍90.‍21
9897.‍00.‍00
0207.‍25.‍11
0402.‍21.‍11
0406.‍90.‍22
1601.‍00.‍31
1702.‍90.‍61
9898.‍00.‍00
0207.‍25.‍12
0402.‍21.‍12
0406.‍90.‍31
1601.‍00.‍32
1702.‍90.‍70
9899.‍00.‍00
0207.‍25.‍91
0402.‍21.‍21
0406.‍90.‍32
1602.‍10.‍10
1702.‍90.‍81
9904.‍00.‍00
0207.‍25.‍92
0402.‍21.‍22
0406.‍90.‍41
1602.‍20.‍21
1702.‍90.‍89
9987.‍00.‍00
0207.‍26.‍10
0402.‍29.‍11
0406.‍90.‍42
1602.‍20.‍22
1806.‍10.‍10
0207.‍26.‍20
0402.‍29.‍12
0406.‍90.‍51
1602.‍20.‍31
1806.‍20.‍22
0207.‍26.‍30
0402.‍29.‍21
0406.‍90.‍52
1602.‍20.‍32
1806.‍90.‍12
0207.‍27.‍11
0402.‍29.‍22
0406.‍90.‍61
1602.‍31.‍11
1901.‍20.‍12
0207.‍27.‍12
0402.‍91.‍10
0406.‍90.‍62
1602.‍31.‍12
1901.‍20.‍22
0207.‍27.‍91
0402.‍91.‍20
0406.‍90.‍71
1602.‍31.‍13
1901.‍90.‍31
0207.‍27.‍92
0402.‍99.‍10
0406.‍90.‍72
1602.‍31.‍14
1901.‍90.‍32
0207.‍27.‍93
0402.‍99.‍20
0406.‍90.‍81
1602.‍31.‍91
1901.‍90.‍33
0207.‍41.‍00
0403.‍10.‍10
0406.‍90.‍82
1602.‍31.‍92
1901.‍90.‍34
0207.‍44.‍00
0403.‍10.‍20
0406.‍90.‍91
1602.‍31.‍93
1901.‍90.‍51
0207.‍45.‍10
0403.‍90.‍11
0406.‍90.‍92
1602.‍31.‍94
1901.‍90.‍52



EXPLANATORY NOTES

Canada Deposit Insurance Corporation Act
Clause 21:New.
Competition Act
Clause 22: (1) to (4)Relevant portion of section 30.‍01:

30.‍01Before Canada enters into an agreement, the Minister of Justice must be satisfied that

  • .‍.‍. 

  • (d)the agreement contains the following undertakings by the foreign state, namely,

    • .‍.‍. 

    • (ii)that any record or thing provided by Canada will be used only for the purpose for which it was requested,

    • .‍.‍. 

    • (v)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, and

Copyright Act
Clause 23:New.
Clause 24:Existing text of sections 6.‍1 and 6.‍2:

6.‍1Except 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)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, and

  • (b)a 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.

6.‍2Where 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)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, and

  • (b)a 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.

Clause 25:Existing text of subsection 9(2):

(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.

Clause 26:Existing text of section 11.‍1:

11.‍1Except 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

  • (a)for 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; or

  • (b)if 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.

Clause 27:Existing text of subsection 17(4):

(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).

Clause 28:Existing text of subsections 20(3) and (4):

(3)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.

(4)Where a statement is published under subsection (3), section 19 applies

  • (a)in 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; and

  • (b)as if the fixations made for the purpose of their sound recordings had been made in Canada.

Clause 29: (1)Relevant portion of subsection 23(1):

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,

  • (a)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; and

  • (b)if 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.

(2)Existing text of subsection 23(1.‍1):

(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.

Clause 30:New.
Clause 31:Existing text of subsection 44.‍01(2):

(2)Subsection (1) does not apply to

  • (a)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; or

  • (b)copies that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada.

Clause 32:Relevant portion of subsection 44.‍04(1):

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 as

  • .‍.‍. 

  • (b)the name and address of their owner, importer, exporter and consignee and of the person who made them;

Clause 33:Relevant portion of subsection 70(2):

(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 that

  • (a)the 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);

Criminal Code
Clause 35:Relevant portion of subsection 2.‍3(1):

2.‍3(1)The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 are

  • (a)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, 400, 424.‍1, 431.‍1, 467.‍11 or 467.‍111 or in relation to any terrorism offence;

Clause 36: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 to

Clause 37:New.
Export and Import Permits Act
Clause 40: (1)Existing 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)

(2)Relevant portion of the definition:

free trade partner means

  • (a)a NAFTA country,

(3)New.
(4) and (5)Relevant portion of subsection 2(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 country
Clause 41: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)

Clause 42:Relevant portion of subsection 5(4):

(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, that

  • .‍.‍. 

  • (b)in 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; and

Clause 43: (1)Existing text of subsection 6.‍1(1):

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.

(2)Relevant portion of subsection 6.‍1(2):

(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 out

  • (a)in 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;

(3)Existing text of subsection 6.‍1(3):

(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.

Clause 44: (1)Existing text of subsection 6.‍2(1.‍1):

(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.

(2)New.
Clause 45:Existing text of subsection 8(3):

(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.

Clause 46:Relevant portion of section 12:

12The Governor in Council may make regulations

  • .‍.‍. 

Fertilizers Act
Clause 53:Existing text of subsections 5(2) and (3):

(2)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.

(3)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)

Financial Administration Act
Clause 54:Relevant portion of subsection 85(2):

(2)Divisions I to V do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

Clause 55:Text of Division V of Part X:
DIVISION V 
Implementation of the North American Free Trade Agreement

154.‍1(1)In exercising its powers and performing its duties, a Crown corporation shall give effect to those provisions of the Agreement that pertain to that corporation.

(2)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.

(3)In subsections (1) and (2), Agreement has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.

Food and Drugs Act
Clause 57:Existing text of section 14:

14(1)No person shall distribute or cause to be distributed any drug as a sample.

(2)Subsection (1) does not apply to the distribution, under prescribed conditions, of samples of drugs to physicians, dentists, veterinary surgeons or pharmacists.

Clause 58: (1)Relevant portion of subsection 30(1):

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 regulations

  • .‍.‍. 

  • (n)respecting the distribution or the conditions of distribution of samples of any drug;

(2)Existing text of subsection 30(3):

(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.

(3)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)

(4)New.
Canada Grain Act
Clause 59:Existing text of the heading:
Interpretation
Clause 60: (1) and (2)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)

(3)New.
Clause 61:New.
Clause 62:Relevant portion of subsection 14(1):

14(1)Subject to this Act, the Commission shall, in furtherance of its objects,

  • (a)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;

Clause 63:New.
Clause 64: (1) and (2)Relevant portions of subsection 32(1):

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,

  • (a)where the grain was grown in Canada,

  • .‍.‍. 

  • (b)where the grain was grown outside Canada, stating the country of origin of the grain or stating that the grain is foreign grain.

Clause 65:New.
Clause 66:Existing text of section 61:

61Where grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning,

  • (a)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; and

  • (b)if the producer and the operator of the elevator do not agree as to the grade of the grain or the dockage, the operator shall

    • (i)take a sample of the grain in the manner prescribed,

    • (ii)deal with the sample in the manner prescribed,

    • (iii)issue an interim elevator receipt in the prescribed form, and

    • (iv)on 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.

Clause 67:Existing text of the heading and sections 83.‍1 to 84:
Deductions

83.‍1(1)Any 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.

(2)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).

(3)A prescribed agency may use any amount it receives under subsection (1) for the purposes of

  • (a)research activities into new and improved grain varieties;

  • (b)the promotion of the marketing and use of grain grown in Canada;

  • (c)technical assistance relating to the use of grain grown in Canada; and

  • (d)covering the administrative costs that it incurs in applying this section.

83.‍2(1)The Governor in Council may make regulations

  • (a)prescribing the amount to be deducted per tonne under section 83.‍1;

  • (b)prescribing an agency to which amounts are to be remitted under section 83.‍1;

  • (c)providing exemptions from the deduction under section 83.‍1;

  • (d)governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.‍1;

  • (e)requiring a person making a deduction under section 83.‍1 or the prescribed agency to report on its activities under that section; and

  • (f)respecting any other matter relating to the administration of section 83.‍1.

(2)Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced.

83.‍3Sections 83.‍1 and 83.‍2 cease to have effect five years after the day on which this section comes into force.

PART V 
Carriage of Grain
General

84Except 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 grain

  • (a)from the Western Division to the Eastern Division or from the Eastern Division to the Western Division; or

  • (b)into or out of Canada.

Clause 68: (1) and (2)Relevant portion of subsection 116(1):

116(1)The Commission may, with the approval of the Governor in Council, make regulations

  • .‍.‍. 

  • (h)respecting 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;

Clause 69:New.
Importation of Intoxicating Liquors Act
Clause 70: (1)Existing 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)

(2)New.
Clause 71:Relevant portion of subsection 3(2):

(2)The provisions of subsection (1) do not apply to

  • .‍.‍. 

  • (c)the 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 spirits

    • (i)are 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, and

Special Import Measures Act
Clause 72: (1) and (2)Existing text of the definitions:

Canadian Secretary means

  • (a)when Part I.‍1 is in force, the Secretary referred to in section 15 of the North American Free Trade Agreement Implementation Act, and

  • (b)when 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)

(3)New.
Clause 73:Relevant portion of subsection 9.‍01(1):

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 case

Clause 74:Relevant portion of subsection 9.‍21(1):

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 case

Clause 75:Existing text of subsection 43(1.‍01):

(1.‍01)Where an inquiry referred to in section 42 involves goods of

  • (a)more than one NAFTA country, or

  • (b)one 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.

Clause 76:Relevant portion of subsection 56(1.‍01):

(1.‍01)Notwithstanding subsection (1),

  • (a)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; and

  • (b)where 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.

Clause 77:Relevant portion of subsection 58(1.‍1):

(1.‍1)Notwithstanding subsection (1),

  • (a)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; and

  • (b)where 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.

Clause 78:Existing text of subsections 59(3.‍1) and (3.‍2):

(3.‍1)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.

(3.‍2)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.

Clause 79: (1)Relevant portion of subsection 70(1):

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,

  • .‍.‍. 

  • (b)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.

(2)Relevant portion of subsection 70(2):

(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,

  • .‍.‍. 

  • (b)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.

(3)Relevant portion of subsection 70(3):

(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,

  • .‍.‍. 

  • (b)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.

Clause 80:Existing text of subsection 76.‍04(1):

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.

Clause 81:Existing text of heading:
Dispute Settlement Respecting Goods of a NAFTA Country
Clause 82: (1) to (3)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)

(4) and (5)Relevant portion of the definition:

definitive decision means

  • .‍.‍. 

in 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)

(6)New.
Clause 83: (1)Existing text of subsections 77.‍011(1) to (4):

77.‍011(1)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.

(2)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.

(3)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.

(4)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.

(2)Existing text of subsection 77.‍011(6):

(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.

Clause 84: (1) to (3)Relevant portion of subsection 77.‍012(1):

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 decision

  • (a)before the expiry of the period of thirty days after

    • .‍.‍. 

    • (ii)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 NAFTA country; and

  • (b)unless 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.

(4)Existing text of subsection 77.‍012(2):

(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.

Clause 85: (1)Existing text of subsection 77.‍013(1):

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.

(2)Existing text of subsection 77.‍013(3):

(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.

Clause 86: (1)Existing text of subsection 77.‍015(1):

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.

(2)Existing text of subsection 77.‍015(5):

(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.

Clause 87:Existing text of sections 77.‍017 and 77.‍018:

77.‍017(1)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.

(2)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.

(3)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.

77.‍018On 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.

Clause 88: (1)Existing text of subsection 77.‍019(1):

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.

(2)Existing text of subsection 77.‍019(6):

(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.

Clause 89:Existing text of subsection 77.‍021(1):

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.

Clause 90:Existing text of section 77.‍022:

77.‍022Every 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.

Clause 91:Existing text of section 77.‍023:

77.‍023(1)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.

(2)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.

Clause 92:Existing text of subsection 77.‍024(1):

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 all

  • (a)panel reviews under section 77.‍011, and

  • (b)committee proceedings under section 77.‍017

that 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.

Clause 93:Existing text of section 77.‍025:

77.‍025Where 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 all

  • (a)panel reviews under section 77.‍011, and

  • (b)committee proceedings under section 77.‍017

that 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.

Clause 94:Existing text of sections 77.‍027 and 77.‍028:

77.‍027Where 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,

  • (a)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, and

  • (b)the 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.

77.‍028(1)The Minister may suspend the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of a NAFTA country

  • (a)at 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; and

  • (b)at 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.

(2)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.

Clause 95: (1)Existing text of subsection 77.‍029(1):

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.

(2) and (3)Relevant portion of subsection 77.‍029(2):

(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:

  • (a)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;

(4)Existing text of subsection 77.‍029(6):

(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.

Clause 96:Existing text of sections 77.‍03 to 77.‍033:

77.‍03Where 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.

77.‍031(1)Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under paragraph 77.‍028(1)‍(a) and

  • (a)where 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; or

  • (b)where 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.

(2)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 and

  • (a)where 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; or

  • (b)where 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.

(3)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.

77.‍032The 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.

77.‍033All 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 resume

  • (a)where 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; or

  • (b)where benefits are suspended under section 77.‍029.

Clause 97:Relevant portion of subsection 77.‍034(1):

77.‍034(1)Every person commits an offence who contravenes or fails to comply with

  • .‍.‍. 

  • (c)a 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.

Clause 98: (1) and (2)Relevant portion of section 77.‍035:

77.‍035The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations

  • (a)conferring 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;

  • .‍.‍. 

  • (c)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; and

Clause 99:Existing text of section 77.‍036:

77.‍036The 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.

Clause 100:Existing text of section 77.‍037:

77.‍037No provision

  • (a)of an Act to amend this Act,

  • (b)of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, or

  • (c)amending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review

that 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.

Clause 101:Existing text of section 83.‍1:

83.‍1Where 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.

Clause 102:Existing text of subsection 96.‍11(1):

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.

Clause 103:Existing text of subsections 96.‍21(1) to (5):

96.‍21(1)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.

(2)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.

(3)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.

(4)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.

(5)In this section, final determination means a final determination as defined in Annex 1911 of the North American Free Trade Agreement.

Clause 104: (1) and (2)Relevant portion of subsection 97(1):

97(1)The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

  • .‍.‍. 

  • (g.‍11)deeming 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);

  • .‍.‍. 

  • (g.‍21)defining the expression goods of a NAFTA country for the purpose of this Act;

  • (g.‍22)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;

Trademarks Act
Clause 108:New.
Clause 109: (1)Relevant portion of subsection 51.‍03(2):

(2)Subsection (1) does not apply if

  • .‍.‍. 

  • (d)the goods, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada.

(2)Relevant portion of subsection 51.‍03(2.‍3):

(2.‍3)Subsections (2.‍1) and (2.‍2) do not apply if

  • .‍.‍. 

  • (c)the 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.

(3)New.
Clause 110:Relevant portion of subsection 51.‍06(1):

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 as

  • .‍.‍. 

  • (b)the name and address of their owner, importer, exporter and consignee and of the person who made them;

Investment Canada Act
Clause 111:Existing text of subsections 24(2) to (5):

(2)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.

(3)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.

(4)In this section,

controlled by a NAFTA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2),

  • (a)the ultimate direct or indirect control in fact of the Canadian business by a NAFTA investor through the ownership of voting interests, or

  • (b)the 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 means

  • (a)an individual, other than a Canadian, who is a national as defined in Article 201 of the NAFTA Agreement,

  • (b)a government of a NAFTA country, whether federal, state or local, or an agency thereof,

  • (c)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),

  • (d)a corporation or limited partnership

    • (i)that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1),

    • (ii)that is not a NAFTA investor within the meaning of paragraph (c),

    • (iii)of which less than a majority of its voting interests are owned by NAFTA investors,

    • (iv)that is not controlled in fact through the ownership of its voting interests, and

    • (v)of 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,

  • (e)a trust

    • (i)that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2),

    • (ii)that is not a NAFTA investor within the meaning of paragraph (c),

    • (iii)that is not controlled in fact through the ownership of its voting interests, and

    • (iv)of which two thirds of its trustees are any combination of Canadians and NAFTA investors, or

  • (f)any other form of business organization specified by the regulations that is controlled by a NAFTA investor.‍ (investisseur ALÉNA)

(5)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),

  • (a)subsections 26(1) and (2) and section 27 apply and, for that purpose,

    • (i)every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “NAFTA investor” or “NAFTA investors”, respectively,

    • (ii)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”,

    • (iii)every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “NAFTA investor-controlled”, and

    • (iv)the reference in subparagraph 27(d)‍(i) to “Canada” shall be read and construed as a reference to “a NAFTA country”; and

  • (b)where 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.

Customs Act
Clause 114: (1)Existing 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)

(2)New.
Clause 115:Existing text of subsection 35.‍02(4):

(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 unless

  • (a)the person has previously failed to comply with section 35.‍01 in respect of imported goods and has been given notice pursuant to subsection (2);

  • (b)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; or

  • (c)the 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.

Clause 116: (1)Existing text of subsections 35.‍1(3) and (3.‍1):

(3)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.

(3.‍1)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.

(2)Relevant portion of subsection 35.‍1(4):

(4)The Governor in Council, on the recommendation of the Minister and the Minister of Finance, may make regulations

Clause 117:Existing text of the heading:
Conduct of Verification
Clause 118: (1) and (2)Relevant portion of subsection 42.‍1(1):

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,

  • .‍.‍. 

  • (b)enter any prescribed premises or place at any reasonable time to verify the amount, if any, of

    • (i)a 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, or

    • (ii)a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a NAFTA country.

Clause 119:Existing text of subsections 42.‍3(1) to (4):

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.

Clause 120:New.
Clause 121:Existing text of the heading and of section 57.‍01.
Marking Determination

57.‍01(1)Any 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.

(2)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.

Clause 122: (1)Relevant portion of subsection 59(1):

59(1)An officer, or any officer within a class of officers, designated by the President for the purposes of this section may

  • (a)in 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 within

(2)Existing text of subsection 59(2):

(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.

(3)Relevant portion of subsection 59(3):

(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,

Clause 123: (1)Existing text of subsection 60(1):

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.

(2)Relevant portion of subsection 60(4):

(4)On receipt of a request under this section, the President shall, without delay,

  • .‍.‍.

  • (c)re-determine or further re-determine the marking determination.

Clause 124:Relevant portion of subsection 61(1):

61(1)The President may

  • .‍.‍. 

  • (b)re-determine or further re-determine the marking determination of imported goods

    • (i)within four years after the date the determination was made under section 57.‍01, if the Minister considers it advisable to make the re-determination,

    • (ii)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,

    • (iii)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, and

    • (iv)at 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; and

Clause 125:Existing text of subsection 65.‍1(3):

(3)This section does not apply to a marking determination.

Clause 126:Relevant portion of subsection 74(1):

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, if

  • .‍.‍. 

  • (c.‍1)the 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);

Clause 127: (1)Existing text of subsection 97.‍1(1):

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.

(2)Relevant portion of subsection 97.‍1(1.‍1):

(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, and

(3)Existing text of subsection 97.‍1(2):

(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.

(4)Existing text of subsection 97.‍1(3):

(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.

Commercial Arbitration Act
Clause 137: (1)Relevant portion of subsection 5(4):

(4)For greater certainty, the expression commercial arbitration in Article 1(1) of the Code includes

  • (a)a claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act;

(2)New.
Canadian International Trade Tribunal Act
Clause 138: (1)Existing 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)

(2)Existing text of subsection 2(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.

(3) and (4)Relevant portion of subsection 2(5):

(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 country
Clause 139:Existing text of section 2.‍1:

2.‍1The 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 I
Column II
Provisions in force
Provisions suspended
section 19.‍01
section 19.‍1
section 20.‍01
section 20.‍1
section 20.‍2
section 21
section 21.‍1
section 22
subsections 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)
Clause 140:Existing text of section 19.‍01:

19.‍01(1)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.

(2)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 recommendati