C-4 1 43 68-69 Elizabeth II 2019-2020

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

Canada–United States–Mexico Agreement Implementation Act

Canada–United States–Mexico Agreement Implementation Act 2020 3 13 1 2020 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.

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

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

Interpretation

Definitions

The 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

For 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

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

Construction

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

Her Majesty

Binding on Her Majesty

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

Purpose

Purpose

The 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

(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

The Agreement is approved.

Order designating Minister

The 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

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

Secretariat

Continuation of Secretariat

The 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

The 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

(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

Officers 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

The 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

The 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

The 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

(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

(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

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

Records retained outside Canada

(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.

By-laws

(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).

R.S., c. C-34

Competition Act

(1) Section 30.01 of the Competition Act is amended by adding the following after paragraph (c):

(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;

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 also 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 paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and

R.S., c. C-42

Copyright Act

Amendments to the Act

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

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in

section 2 of the Canada–United States–Mexico Agreement Implementation Act ; ( Accord Canada–États-Unis–Mexique )

1993, c. 44, s. 58

Sections 6.1 and 6.2 of the Act are replaced by the following:

Anonymous and pseudonymous works

6.1

(1) Except as provided in

section 6.2 and in subsection (2), where the identity of the author of a work is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.

Identity of author commonly known

(2) Where, during any term referred to in subsection (1), the author’s identity becomes commonly known, the term provided in

section 6 applies.

Anonymous and pseudonymous works of joint authorship

6.2

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

Identity of author commonly known

(2) Where, during any term referred to in subsection (1), the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 50 years following the end of that calendar year.

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

Subsection 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 Canada–United States–Mexico Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada.

1997, c. 24, s. 9(1)

Section 11.1 of the Act is replaced by the following:

Cinematographic works

11.1

Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist until the end of 70 years following the end of the calendar year in which the cinematographic work or the compilation is made.

However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the cinematographic work or the compilation was made.

2001, c. 27, s. 236

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

Exception

(4) If so requested by a country that is a party to the Canada–United States–Mexico Agreement, the Minister may, by a statement published in the Canada Gazette , grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to that Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).

1997, c. 24, s. 14; 2012, c. 20, s. 15(5)

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

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

(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 70 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 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.

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 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.

Section 42 of the Act is amended by adding the following after subsection (3.1):

Offence — infringement related to rights management information

(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.

Punishment

(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.

Definition of rights management information

(3.4) In subsection (3.2), rights management information has the same meaning as in subsection 41.22(4).

2014, c. 32, s. 5

Subsection 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

Paragraph 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 and of any other person involved in their movement;

2018, c. 27, s. 296

Paragraph 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

Sections 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

Paragraph 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, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;

Paragraph (

a) of the definition offence in

section 183 of the Act is amended by adding the following after subparagraph (lxx):

(lxx.01)

section 391 (trade secret),

The Act is amended by adding the following after

section 390:

Trade secret

(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.

Trade secret — prior knowledge

(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).

Punishment

(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.

For greater certainty

(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.

Definition of trade secret

(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.

Section 1 of the

schedule to

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

(x.1)

section 391 (trade secret);

R.S., c. E-15

Excise Tax Act

Schedule VII to the Excise Tax Act is amended by adding the following after

section 7:

7.01

Goods (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.

R.S., c. E-19

Export and Import Permits Act

1993, c. 44, s. 146

(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 CUSMA country,

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

CUSMA has the meaning assigned by the definition Agreement in

section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( ACEUM )

CUSMA country means a country that is a party to CUSMA. ( pays ACEUM )

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

The

definitions contribute importantly and surge in subsection 4.2(1) of the Act are replaced by the following:

contribute importantly , in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; ( contribuer de manière importante )

surge , in respect of goods imported from

(

a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and

(

b) Chile, has the meaning given that word by

Article F-05 of CCFTA; ( augmentation subite )

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

Paragraph 5(4)(

b) of the Act is replaced by the following:

(

b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

2001, c. 28, s. 49

(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 (

c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set 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

(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 a purpose referred to in paragraph 3(1)(

d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or

section 8.31.

(2) Section 6.2 of the Act is amended by adding the following after subsection (4):

Export charges on certain dairy products — CUSMA

(5) The Minister may impose and collect export charges in accordance with

Article 3.A.3 of CUSMA.

1997, c. 14, s. 75

Subsection 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

(

a) Article 10.2 of CUSMA;

(

b) subparagraph 5(

b) of

Article F-02 of CCFTA; or

(

c) subparagraph 5(

b) of

Article 4.6 of CIFTA.

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

(c.01)

respecting export charges referred to in subsection 6.2(5);

Schedule 2 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Schedules to Annex 302.2, in accordance with Appendix 6 of Annex 300-B”.

Schedule 2 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Schedules to Annex 2-B in accordance with Annex 6-A”.

Schedule 3 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Appendix 1.1 of Annex 300-B”.

Schedule 3 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Section C of Annex 6-A”.

Schedule 4 to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “Appendix 6 to Annex 300-B of NAFTA” and the corresponding reference in column 3 to “Schedules to Annex 302.2 of NAFTA, in accordance with Appendix 6 to Annex 300-B of NAFTA”.

Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “Annex 6-A” in column 2 and a corresponding reference to “Schedules to Annex 2-B in accordance with

Section C of Annex 6-A” in column 3.

R.S., c. F-10

Fertilizers Act

1994, c. 47, s. 115

Subsections 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 any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions:

(

a) Article 20.45 of the Canada–United States–Mexico Agreement;

(

b) 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

(

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.

Definitions

(3) The following

definitions apply in subsection (2).

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in

section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( Accord Canada–États-Unis–Mexique )

Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in

section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act . ( Accord de partenariat transpacifique global et progressiste )

WTO Agreement has the meaning assigned by the definition Agreement in 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

The 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 IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

1993, c. 44, s. 157

Division V of

Part X of the Act is repealed.

Schedule VII to the Act is amended by adding the following in alphabetical order:

Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019.

R.S., c. F-27

Food and Drugs Act

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

Samples

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

(1) Paragraph 30(1)(

n) of the Act is replaced by the following:

(

n) respecting the distribution or the conditions of distribution of drugs as 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, Articles 20.48 and 20.49 of the Canada–United States–Mexico Agreement or paragraph 3 of

Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

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:

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 )

R.S., c. G-10

Canada Grain Act

The heading before

section 2 of the French version of the Canada Grain Act is replaced by the following:

Définitions et interprétation

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

(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, other than imported grain, that is delivered into the Eastern Division; ( grain de l’Est )

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

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

imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; ( grain importé )

The Act is amended by adding the following after

section 2:

Contaminated grain

2.1

Grain 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 .

Paragraph 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;

The Act is amended by adding the following after

section 15:

Export Certificates

Export certificates

15.1

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

(1) The portion of paragraph 32(1)(

a) of the Act before subparagraph (

i) is replaced by the following:

(

a) if the grain was grown in Canada or the United States,

(2) Paragraph 32(1)(

b) of the Act is replaced by the following:

(

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

(

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.

The Act is amended by adding the following after

section 58:

Seeds Act and Pest Control Products Act

58.1

No 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.

1994, c. 45, s. 16

Section 61 of the Act is replaced by the following:

Procedure on receipt of grain

(1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

Dispute

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

(

a) take a sample of the grain in the prescribed manner;

(

b) deal with the sample in the prescribed manner; and

(

c) issue an interim elevator receipt in the prescribed form.

Commission’s report

(3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.

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

The heading before

section 83.1 and sections 83.1 to 84 of the Act are replaced by the following:

Declaration Respecting Grain

Obligation to provide declaration

83.1

Every 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.

Regulations

83.2

The 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.

False or misleading statement

83.3

No person shall knowingly make a false or misleading statement in a declaration referred to in

section 83.1.

PART V

Carriage of Grain

General

Transport, except by public carrier, restricted

Except in accordance with terms and conditions prescribed under

section 84.1 or with an order made under

section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.

Regulations

84.1

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

section 84.

Orders

84.2

The 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.

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

(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;

(2) Paragraph 116(1)(

h) of the Act is replaced by the following:

(

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

The Act is amended by adding the following after

section 118:

Incorporation by reference — Commission

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.

Accessibility

(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.

Defence

(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.

No registration or publication

(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.

R.S., c. I-3

Importation of Intoxicating Liquors Act

1993, c. 44, s. 159

(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:

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 )

2002, c. 22, par. 411(7)(

b) The portion of paragraph 3(2)(

c) of the Act before subparagraph (ii) is replaced by the following:

(

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

(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 14 of the Canada–United States–Mexico Agreement 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:

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 )

1993, c. 44, s. 204

The 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 CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case

2017, c. 20, s. 72

The 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 CUSMA country imported into Canada, and a review is requested under

Part I.1 of the final determination of the President under paragraph 41(1)(

b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case

1993, c. 44, s. 209

Subsection 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 any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:

(

a) goods of more than one CUSMA country; or

(

b) goods of one or more CUSMA countries and goods of one or more other countries.

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

Paragraphs 56(1.01)(

a) and (

b) of the Act are replaced by the following:

(

a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

(

b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.

1993, c. 44, s. 214; 2005, c. 38, par. 134(z.12)

Paragraphs 58(1.1)(

a) and (

b) of the Act are replaced by the following:

(

a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and

(

b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)

Subsections 59(3.1) and (3.2) of the Act are replaced by the following:

Notice of re-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 CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under

Part I.1, to the Canadian Secretary.

Presumption

(3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.

2017, c. 20, s. 89

(1) Paragraph 70(1)(

b) of the Act is replaced by the following:

(

b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

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 CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

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 CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

1999, c. 12, s. 36

Subsection 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 CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that

section with respect to the goods of each CUSMA country.

1993, c. 44, s. 218

The heading of

Part I.1 of the Act is replaced by the following:

Dispute Settlement Respecting Goods of a CUSMA Country

1993, c. 44, s. 218

(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 under

Section D of

Chapter 10 of the Canada–United States–Mexico 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 30.6 de l’Accord Canada–États-Unis–Mexique. ( CUSMA 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 any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods:

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:

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 )

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

(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 CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of

Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.

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 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

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 10.12 of the Canada–United States–Mexico 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 CUSMA 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 CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.

1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)

(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 CUSMA 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 CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)

(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 ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.

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

(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 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

1993, c. 44, s. 218

(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 10-B.1 of the Canada–United States–Mexico 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 CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.

1993, c. 44, s. 218

(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

Section D of

Chapter 10 of the Canada–United States–Mexico 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 CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette .

1993, c. 44, s. 218

Sections 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 CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.

Ground for request

(2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of

Article 10.12 of the Canada–United States–Mexico Agreement.

Notification of request for extraordinary challenge proceeding

(3) On receiving a request under this

section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this

section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.

Appointment of extraordinary challenge committee

77.018

On a request under

section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

1993, c. 44, s. 218

(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 10-B.3 of the Canada–United States–Mexico 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 CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette .

1993, c. 44, s. 218

Subsection 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 10.17 of the Canada–United States–Mexico Agreement.

1993, c. 44, s. 218

Section 77.022 of the Act is replaced by the following:

Remuneration and expenses of panel members

77.022

Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to

Article 30.1 of the Canada–United States–Mexico Agreement.

1993, c. 44, s. 218

Section 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 CUSMA country only with respect to an allegation referred to in paragraph 1 of

Article 10.13 of the Canada–United States–Mexico Agreement.

Appointment of special 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 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

1993, c. 44, s. 218

Subsection 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 CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of

Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of

Article 10.13 of the Canada–United States–Mexico Agreement:

(

a) panel reviews under

section 77.011; and

(

b) committee proceedings under

section 77.017.

1993, c. 44, s. 218

Section 77.025 of the Act is replaced by the following:

Stay on request

77.025

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

(

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)

Sections 77.027 and 77.028 of the Act are replaced by the following:

Suspension of time periods

77.027

Where a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of

Article 10.13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with

section 77.033:

(

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 CUSMA 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 CUSMA country.

Suspension of panel process

77.028

(1) The Minister may suspend the operation of

Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country

(

a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of

Article 10.13 of the Canada–United States–Mexico Agreement; and

(

b) at any time where the government of the CUSMA country has suspended the operation of

Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.

Notice of suspension

(2) Where the Minister suspends the operation of

Article 10.12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette .

1993, c. 44, s. 218

(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 CUSMA country by a special committee requested by Canada under paragraph 2 of

Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.

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 CUSMA 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 Canada–United States–Mexico 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) of

Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination.

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

Sections 77.03 to 77.033 of the Act are replaced by the following:

Only one

section applies

77.03

Where the operation of

Article 10.12 of the Canada–United States–Mexico Agreement is suspended under

section 77.028 in respect of a CUSMA country, benefits under paragraph 2 of

Article 10.13 of that Agreement may not be suspended under

section 77.029 in respect of that CUSMA country, and if benefits under paragraph 2 of

Article 10.13 of that Agreement are suspended under

section 77.029 in respect of a CUSMA country, the operation of

Article 10.12 of that Agreement may not be suspended under

section 77.028 in respect of that CUSMA country.

Referral to Federal Court of Appeal

77.031

(1) Where the Minister suspends the operation of

Article 10.12 of the Canada–United States–Mexico 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 CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act ; or

(

b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act .

Idem

(2) Where the government of a CUSMA country suspends the operation of

Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of

Article 10.13 of that Agreement and

(

a) where any panel review is stayed under

section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act ; or

(

b) where any committee proceeding is stayed under

section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act .

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 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to

section 77.032.

Termination of suspension

77.032

The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to paragraph 10 of

Article 10.13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

Resumption

77.033

All panel reviews and committee proceedings stayed under subsection 77.024(1) or

section 77.025 and any running of the time periods suspended under

section 77.027 shall resume

(

a) where the operation of

Article 10.12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or

(

b) where benefits are suspended under

section 77.029.

1993, c. 44, s. 218

Paragraph 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 CUSMA country giving effect to the Canada–United States–Mexico Agreement.

1993, c. 44, s. 218

(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

Section D of

Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;

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 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and

1993, c. 44, s. 218

Section 77.036 of the Act is replaced by the following:

Publication in Canada Gazette

77.036

The rules, the code of conduct established pursuant to

Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette .

1993, c. 44, s. 218

Section 77.037 of the Act is replaced by the following:

Application

77.037

If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless

an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country:

(

a) a provision of

an Act to amend this Act;

(

b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or

(

c) a provision that amends a provision of

an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.

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

Section 83.1 of the Act is replaced by the following:

Information to be disclosed

83.1

Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.

1993, c. 44, s. 221; 2002, c. 8. par. 182(1)(z.10); 2005, c. 38, par. 134(z.37)

Subsection 96.11(1) of the Act is replaced by the following:

No 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 CUSMA country.

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

Subsections 96.21(1) to (5) of the Act are replaced by the following:

Request for review of final determination

96.21

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

Idem

(2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.

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 10.12 of the Canada–United States–Mexico 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 CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister.

Definition of final determination

(5) In this section, final determination means a final determination as defined in

Article 10.8 of the Canada–United States–Mexico Agreement.

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

(1) Paragraph 97(1)(g.11) of the Act is replaced by the following:

(g.11)

deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);

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 CUSMA country for the purpose of this Act;

(g.22)

determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

Transitional Provisions

Definition of commencement day

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

Pending proceedings

Proceedings 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

If 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

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

Deemed infringement under paragraph (1)(b)

(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.

2014, c. 32, s. 43

(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

(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.

2014, c. 32, s. 43

Paragraph 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 and of any other person involved in their movement;

R.S., c. 28 (1st Supp.)

Investment Canada Act

1994, c. 47, s. 134

Subsections 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 CUSMA investor is, pursuant to a review under this Part, required to divest control of a cultural business , as defined in subsection 14.1(6), that has been acquired in the manner described in subparagraph 28(1)(d)(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired.

Designation of 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 32.6 of the Agreement, as the Governor in Council considers appropriate.

Definitions

(4) The following

definitions apply in this section.

Agreement has the same meaning as in

section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( Accord )

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

(

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

(

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

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

CUSMA investor means

(

a) an individual, other than a Canadian, who is a national as defined in

Article 1.5 of the Agreement;

(

b) a government of a CUSMA 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 CUSMA 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 CUSMA investor within the meaning of paragraph (c),

(iii)

of which less than a majority of its voting interests are owned by CUSMA 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 CUSMA 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 CUSMA 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 CUSMA investors; or

(

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

Interpretation

(5) For the purposes only of determining whether an entity is a CUSMA investor-controlled entity under paragraph (

c) of the definition CUSMA investor in subsection (4),

(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 “CUSMA investor” or “CUSMA 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 CUSMA investor,” or “non-Canadians, other than CUSMA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not CUSMA investors”,

(iii)

every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “CUSMA investor-controlled”, and

(iv)

the reference in subparagraph 27(d)(

i) to “Canada” shall be read and construed as a reference to “a CUSMA country”; and

(

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

The

schedule to the Act is amended by striking out, in column 1, the reference to “ NAFTA Agreement within the meaning of subsection 24(4) of this Act” and the corresponding reference in column 2 to “Article 201”.

The

schedule to the Act is amended by adding, at the end of column 1, a reference to “ Agreement within the meaning of subsection 24(4) of this Act” and a corresponding reference in column 2 to “Article 1.5”.

R.S., c. 1 (2nd Supp.)

Customs Act

1993, c. 44, s. 81

(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:

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 )

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

Subsection 35.02(4) of the Act is repealed.

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

(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 in accordance with subsection (1) by the importer or owner of the goods.

Certificate of origin completed by importer

(3.1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.

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

The heading “Conduct of Verification” before

section 42.1 of the Act is replaced by the following:

Origin of Goods, Duty Relief and Drawback

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

(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).

(

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.

2014, c. 14, s. 24

Subsections 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.

The Act is amended by adding the following after

section 42.4:

Duty Evasion

Definition of duty evasion

42.5

In sections 42.6 and 42.7, duty evasion means the evasion of anti-dumping, countervailing or safeguard duties that are imposed by a CUSMA country other than Canada.

Duty evasion verification

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.

Paragraph 7(

a) of

Article 10.7 of CUSMA

(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.

Power to enter

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

Report

42.7

After 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.

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

Section 57.01 of the Act and the heading before it are repealed.

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

(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)

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

Request for re-determination or further re-determination

(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

Subsection 61(1) of the Act is amended by adding “and” after paragraph (

a) and by repealing paragraph (b).

2001, c. 25, s. 46

Subsection 65.1(3) of the Act is repealed.

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

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

(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

(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 partenaire de libre-échange est tenu de certifier par écrit, selon les modalités réglementaires, en la forme et avec les renseignements déterminés par le ministre, que les marchandises en cause sont conformes aux règles d’origine prévues par l’accord de libre-échange applicable; dans le cas où l’exportateur des marchandises n’en est pas le producteur, il remplit et signe le certificat conformément aux critères réglementaires.

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 that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, 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 d’un partenaire de libre-échange, remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande.

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 each CPTPP country or CUSMA country to whom the certificate was given of the correct information.

Part 1 of the

schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “NAFTA” and the corresponding reference in column 3 to “United States Tariff, Mexico Tariff or Mexico-United States Tariff rates of customs duty under the Customs Tariff ”.

Part 1 of the

schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “CUSMA” in column 2 and a corresponding reference to “United States Tariff or Mexico Tariff rates of customs duty under the Customs Tariff ” in column 3.

Part 2 of the

schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Article 514”.

Part 2 of the

schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “paragraph 17 of

Article 5.9” in column 2.

Part 3 of the

schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country” and the corresponding reference in column 2 to “paragraph 1 of

Article 509 of NAFTA”.

Part 3 of the

schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “paragraph 4 of

Article 7.5 of CUSMA” in column 2.

Part 4 of the

schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “CUSMA” in column 2.

Part 5 of the

schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Chapters Three and Five”.

Part 5 of the

schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “Chapters 4 to 7” in column 2.

R.S., c. 17 (2nd Supp.)

Commercial Arbitration Act

1997, c. 14, s. 32

(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):

(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;

R.S., c. 47 (4th Supp.)

Canadian International Trade Tribunal Act

Amendments to the Act

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

(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,

(

a) Agreement has the same meaning as in

section 2 of the Canada–United States–Mexico Agreement Implementation Act ; and

(

b) CUSMA country means a country that is a party to the Agreement.

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

Section 2.1 of the Act is replaced by the following:

Suspension of certain provisions

2.1

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

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

(2) The operation of

section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(

b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.

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

Section 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)

Sections 20 and 20.01 of the Act are replaced by the following:

Definition of principal cause

(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.

Inquiry into injury matters

(2) 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 means to be an important cause, but not necessarily the most important cause.

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 CUSMA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall 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 CUSMA 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 CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country

(

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

(

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

Considerations

(3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of

Article 10.2 of the Agreement.

1993, c. 44, s. 38

(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)

Subsections 23(1.01) to (1.03) of the Act are repealed.

2014, c. 14, s. 36

Paragraph 25(2)(

c) of the Act is replaced by the following:

(

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

(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)

(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

(1) Subsection 30.01(1) of the Act is replaced by the following:

Definition of surge

30.01

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

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 CUSMA 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 CUSMA 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

Section 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 CUSMA country, other than proceedings under

section 33, subsection 34(1),

section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.

Definition of government

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

Transitional Provisions

Definition of commencement day

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

Pending proceedings

(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

If 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

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

Directions – Free Trade Agreement

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

(

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.

Consultation

(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).

Directions binding

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

Definition of Agreement

(4) In this section, Agreement has the same meaning as in

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

1991, c. 45

Trust and Loan Companies Act

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

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 )

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

Exception

(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.

2007, c. 6, s. 353

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

Direction — immediate, direct, complete and ongoing access

(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.

Company to comply

(2) A company shall without delay comply with any order issued under subsection (1) or (1.1).

Section 252 of the Act is replaced by the following:

Regulations

The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.1)(a).

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

Exception

(3) Subject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

1991, c. 46

Bank Act

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

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 régl