Canada–Jordan Economic Growth and Prosperity Act
2012, c. 18
Annual Statutes
C-23 1 41 60-61 Elizabeth II 2011-2012
An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan
Canada–Jordan Economic Growth and Prosperity Act
Canada–Jordan Economic Growth and Prosperity 2012 6 29 18 2012 90536
SUMMARY
This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Hashemite Kingdom of Jordan and signed at Amman on June 28, 2009.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of
Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.
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–Jordan Economic Growth and Prosperity Act .
INTERPRETATION
Definitions
The
definitions in this
section apply in this Act.
Agreement
Accord
Agreement means the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.
federal law
texte législatif fédéral
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.
Joint Commission
Commission mixte
Joint Commission means the Joint Commission established under
Article 13-1 of the Agreement.
Minister
ministre
Minister means the Minister for International Trade.
related agreement
accord connexe
related agreement means
(
a) the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009; or
(
b) the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.
Interpretation consistent with agreements
For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.
Non-application of Act or 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 a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.
HER MAJESTY
Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada.
PURPOSE
Purpose
The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their provisions, are to
(
a) establish a free trade area in accordance with the Agreement;
(
b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the Hashemite Kingdom of Jordan in order to foster, in both countries, the advancement of economic activity;
(
c) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade;
(
d) enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters;
(
e) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and the Hashemite Kingdom of Jordan on labour matters; and
(
f) promote sustainable development.
CAUSES OF ACTION
Causes of action under
Part 1
(1) No person has any cause of action and no proceedings of any kind shall be taken without the consent of the Attorney General of Canada to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of
Part 1 or an order made under that Part.
Causes of action under the Agreement or a related agreement
(2) Subject to Part Three and Annex 4 of the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, no person has any cause of action and no proceedings of any kind shall be taken without the consent of the Attorney General of Canada to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement or a related agreement.
PART 1
IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS
Approval
Agreements approved
The Agreement and the related agreements are approved.
Administrative and Institutional Provisions
Canadian representative on Joint Commission
The Minister is the principal representative of Canada on the Joint Commission.
Payment of expenditures
The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Commission.
Panels, Committees, Subcommittees, Working Groups and Expert Groups
Powers of Minister
(1) The Minister may
(
a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of
Article 13-1 of the Agreement;
(
b) appoint a panelist in accordance with
Article 14-8 of the Agreement; and
(
c) propose candidates to serve as the chair of a panel in accordance with that
Article 14-8.
Powers of Minister of the Environment
(2) The Minister of the Environment may
(
a) appoint representatives of Canada to the committee referred to in
Article 15 of the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009;
(
b) appoint a panelist in accordance with Annex I to that Agreement; and
(
c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that Annex.
Powers of the Minister of Labour
(3) The Minister of Labour may
(
a) appoint representatives of Canada to any committee, working group or expert group referred to in
Article 7 of the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009;
(
b) appoint a panelist in accordance with Annex 3 to that Agreement; and
(
c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that Annex.
Administrative support
The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of
Chapter 14 of the Agreement and to provide administrative assistance to panels established under that Chapter.
Payment of costs
The Government of Canada shall, under the Agreement and the related agreements, pay the costs or its appropriate share of the costs of
(
a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups and expert groups, to independent experts and to the assistants of panel members; and
(
b) the general expenses incurred by panels, committees, subcommittees, working groups and expert groups.
Orders
Orders re
Article 14-13
(1) The Governor in Council may, for the purpose of suspending benefits in accordance with
Article 14-13 of the Agreement, by order, do any one or more of the following:
(
a) suspend rights or privileges granted by Canada to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan under the Agreement or any federal law;
(
b) modify or suspend the application of any federal law with respect to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan;
(
c) extend the application of any federal law to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan; and
(
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.
PART 2
RELATED AMENDMENTS
R.S., c. 47 (4th Supp.)
Canadian International Trade Tribunal Act
2010, c. 4, s. 16(2)
Subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:
Definition of Jordan Tariff
(4.3) In this Act, Jordan Tariff means the rates of customs duty referred to in
section 52.4 of the Customs Tariff .
Goods imported from certain countries
(5) For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff :
a NAFTA country
an EFTA state
Chile
Colombia
Costa Rica
Jordan
Peru
The Act is amended by adding the following after
section 19.017:
Definition of principal cause
19.018
(1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Emergency measures — Jordan
(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.
Terms of reference
(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.
Tabling of report
(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.
Notice of report
(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette .
2010, c. 4, s. 19
Section 21.1 of the Act is replaced by the following:
Definition of complaint
21.1
In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.094) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by
section 23.
Section 23 of the Act is amended by adding the following after subsection (1.093):
Filing of complaint — Jordan Tariff
(1.094) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Jordan Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
Paragraph 26(1)(
a) of the Act is amended by striking out “or” at the end of subparagraph (i.93) and by adding the following after that subparagraph:
(i.94)
in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or
Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph ( a.93 ) and by adding the following after that paragraph:
( a.94 )
in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or
R.S., c. C-50; 1990, c. 8, s. 21
Crown Liability and Proceedings Act
2009, c. 16, s. 25(3)
Paragraphs (
a) to (
d) of the definition appropriate party in
section 20.1 of the Crown Liability and Proceedings Act are replaced by the following:
(
a) the Commission for Environmental Cooperation established under
Article 8 of the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with
Article 48 of that Agreement,
(
b) the Canada–Chile Commission for Environmental Cooperation established under
Article 8 of the Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with
Article 47 of that Agreement,
(
c) the Commission for Labor Cooperation established under
Article 8 of the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with
Article 52 of that Agreement,
(
d) the Canada–Chile Commission for Labour Cooperation established under
Article 8 of the Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with
Article 47 of that Agreement, or
2009, c. 16, s. 30; 2010, c. 4, s. 24
The
schedule to the Act is replaced by the
schedule set out in
Schedule 1 to this Act.
R.S., c. 1 (2nd Supp.)
Customs Act
1997, c. 36, s. 147(1); 2001, c. 28, s. 26(2); 2009, c. 6, s. 23(2), c. 16, s. 31(2); 2010, c. 4, s. 25(2)
(1) The
definitions preferential tariff treatment under CCFTA , preferential tariff treatment under CCOFTA , preferential tariff treatment under CCRFTA , preferential tariff treatment under CEFTA , preferential tariff treatment under CIFTA , preferential tariff treatment under CPFTA and preferential tariff treatment under NAFTA in subsection 2(1) of the Customs Act are repealed.
2010, c. 4, s. 25(1)
(2) The
definitions free trade agreement and free trade partner in subsection 2(1) of the Act are replaced by the following:
free trade agreement
accord de libre-échange
free trade agreement means an agreement set out in column 2 of
Part 1 of the schedule;
free trade partner
partenaire de libre-échange
free trade partner means a country or territory set out in column 1 of
Part 1 of the schedule;
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
CJFTA
ALÉCJ
CJFTA has the same meaning as Agreement in
section 2 of the Canada–Jordan Economic Growth and Prosperity Act ;
Jordan
Jordanie
Jordan has the same meaning as in subsection 2(1) of the Customs Tariff ;
preferential tariff treatment
traitement tarifaire préférentiel
preferential tariff treatment means, in respect of goods, entitlement to whichever tariff set out in column 3 of
Part 1 of the
schedule is applicable in the circumstances;
1997, c. 14, s. 35(4); 2001, c. 28, s. 26(3); 2009, c. 6, s. 23(3), c. 16, s. 31(3) and par. 56(10)( a ); 2010, c. 4, s. 25(3)
(4) Subsection 2(1.2) of the Act is repealed.
1988, c. 65, s. 69
Paragraph 35.1(4)(
c) of the French version of the Act is replaced by the following:
c) exempter des personnes ou des marchandises, individuellement ou par catégorie, de l’application du paragraphe (1), sous réserve des éventuelles conditions prévues par le règlement.
1997, c. 36, s. 162
Subsection 42.2(1) of the French version of the Act is replaced by the following:
Déclaration de l’origine
42.2
(1) Dès l’achèvement de la vérification de l’origine en application de l’alinéa 42.1(1) a ), l’agent désigné, en application du paragraphe 42.1(1), fournit à l’exportateur ou au producteur des marchandises en cause une déclaration établissant si celles-ci sont admissibles, au
titre du Tarif des douanes , au traitement tarifaire préférentiel demandé.
2010, c. 4, s. 26
Section 42.4 of the Act and the heading before it are replaced by the following:
Denial or Withdrawal of Benefit of Preferential Tariff Treatment Under Certain Free Trade Agreements
Definition of identical goods
42.4
(1) In this section, identical goods has the meaning assigned to that expression by the provision, set out in column 2 of
Part 2 of the schedule, of an agreement set out in column 1.
Denial or withdrawal of benefit — specified countries
(2) Notwithstanding
section 24 of the Customs Tariff , the Minister may, subject to any prescribed conditions, deny or withdraw preferential tariff treatment under an agreement set out in column 1 of
Part 2 of the
schedule in respect of goods for which that treatment is claimed if the exporter or producer of the goods has made false representations that identical goods exported or produced by that exporter or producer and for which that treatment was claimed were eligible for that treatment.
2010, c. 4, s. 27
Paragraph 43.1(1)(
b) of the Act is replaced by the following:
(
b) in the case of goods exported from a country or territory set out in column 1 of
Part 3 of the schedule, any matter, other than those referred to in paragraphs (
a) and ( c ), concerning those goods that is set out in the provision set out in column 2; and
2010, c. 4, s. 28
Paragraph 74(1)( c.11 ) of the Act is replaced by the following:
( c.11 )
the goods were imported from Israel or another CIFTA beneficiary or from a country or territory set out in column 1 of
Part 4 of the
schedule but no claim for preferential tariff treatment under CIFTA or an agreement set out in column 2, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);
1993, c. 44, s. 108(1); 1997, c. 14, s. 47(1); 2001, c. 28, s. 30; 2009, c. 6, s. 29, c. 16, ss. 35 and 56(13); 2010, c. 4, s. 29
Subsections 164(1.1) to (1.5) of the Act are replaced by the following:
Regulations
(1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform
interpretation, application and administration of a
chapter or provision, set out in column 2 of
Part 5 of the schedule, of an agreement set out in column 1 and any other matters that may be agreed on from time to time by the parties to that agreement.
Schedules I to IV to the Act are replaced by the
schedule set out in
Schedule 2 to this Act.
1997, c. 36
Customs Tariff
Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:
Canada–Jordan Free Trade Agreement
Accord de libre-échange Canada-Jordanie
Canada–Jordan Free Trade Agreement has the same meaning as Agreement in
section 2 of the Canada–Jordan Economic Growth and Prosperity Act .
Jordan
Jordanie
Jordan means the land territory, the air space and the internal waters and territorial sea over which the Hashemite Kingdom of Jordan exercises sovereignty.
2010, c. 4, s. 31
Section 5 of the Act is replaced by the following:
Goods imported from certain countries
For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:
a NAFTA country
Chile
Colombia
Costa Rica
Iceland
Jordan
Liechtenstein
Norway
Peru
Switzerland
2010, c. 4, s. 32
Paragraph 14(2)(
c) of the Act is replaced by the following:
(
c) by way of compensation for any action taken under any of the following provisions:
(i)
subsection 55(1),
(ii)
section 60,
(iii)
subsection 63(1),
(iv)
subsection 69(2),
(v)
subsection 70(2),
(vi)
subsection 71(2),
(vii)
subsection 71.01(1),
(viii)
subsection 71.1(2),
(ix)
subsection 71.5(1),
(
x) subsection 71.6(1),
(xi)
subsection 72(1),
(xii)
subsection 75(1),
(xiii)
subsection 76(1),
(xiv)
subsection 76.1(1),
(xv)
subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act .
2010, c. 4, s. 34
Section 27 of the Act is replaced by the following:
Abbreviations
The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.
AUT
TAU
AUT refers to the Australia Tariff.
CCCT
TPAC
CCCT refers to the Commonwealth Caribbean Countries Tariff.
CIAT
TACI
CIAT refers to the Canada–Israel Agreement Tariff.
COLT
TCOL
COLT refers to the Colombia Tariff.
CRT
TCR
CRT refers to the Costa Rica Tariff.
CT refers to the Chile Tariff.
GPT
TPG
GPT refers to the General Preferential Tariff.
IT refers to the Iceland Tariff.
JT refers to the Jordan Tariff.
LDCT
TPMD
LDCT refers to the Least Developed Country Tariff.
MT refers to the Mexico Tariff.
MUST
TMÉU
MUST refers to the Mexico–United States Tariff.
NT refers to the Norway Tariff.
NZT
TNZ
NZT refers to the New Zealand Tariff.
PT refers to the Peru Tariff.
SLT
TSL
SLT refers to the Switzerland–Liechtenstein Tariff.
UST
TÉU
UST refers to the United States Tariff.
The Act is amended by adding the following after
section 52.3:
Jordan Tariff
Application of JT
52.4
(1) Subject to
section 24, goods that originate in Jordan are entitled to the Jordan Tariff rates of customs duty.
“A” final rate
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “JT” in relation to goods entitled to the Jordan Tariff, the Jordan Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
“F” staging for JT
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “JT” in relation to goods entitled to the Jordan Tariff, the Jordan Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.
Rounding of specific rates
(4) If a reduction under subsection (3) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.
Rounding of amounts
(5) If a reduction under subsection (3) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.
Elimination of rates of less than two per cent
(6) If a reduction under subsection (3) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.
The Act is amended by adding the following after
section 71.5:
Bilateral Emergency Measures — Jordan
Order by Governor in Council
71.6
(1) Subject to subsections (2) and (3), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.018(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.094) of that Act, that goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order
(
a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of
section 52.4;
(
b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection; and
(
c) in respect of goods other than goods referred to in paragraph ( b ), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Jordan Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of
(
i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods immediately before the coming into force of this subsection, and
(ii)
the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods at the time the order is made.
Terms and conditions
(2) An order under subsection (1)
(
a) may not be made more than twice during the period beginning on the coming into force of this subsection and ending on the date that is 10 years after the coming into force of this subsection in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and
(
b) may be made after the date that is 10 years after the coming into force of this subsection only if it is based on an agreement between the Government of Canada and the Government of Jordan relating to the application of subsection (1).
Application of measures a second time
(3) A measure referred to in an order made under subsection (1) may be applied a second time if the period that has elapsed since the initial application of the measure ended is equal to at least two years.
Rate of duty when order ceases to have effect
(4) If an order made under subsection (1) ceases to have effect in a particular calendar year, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with
section 52.4.
Definition of principal cause
(5) In this section, principal cause means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.
Reference to customs duty in effect
(6) For the purposes of paragraph (1)( b ), the Most-Favoured Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is,
(
a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(
b) in
Chapter 7 of the List of Tariff Provisions; and
(
b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 4(
b) in
Chapter 8 of the List of Tariff Provisions.
2010, c. 4, s. 40
Section 79 of the Act is replaced by the following:
Goods in transit
An order made under any of the following provisions may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time:
( a )
subsection 53(2);
( b )
subsection 55(1);
(
c) section 60;
( d )
subsection 63(1);
( e )
subsection 69(2);
( f )
subsection 70(2);
(
g) subsection 71.01(1);
(
h) subsection 71.1(2);
(
i) subsection 71.5(1);
(
j) subsection 71.6(1);
( k )
subsection 72(1);
( l )
subsection 75(1);
( m )
subsection 76(1);
(
n) subsection 76.1(1).
2010, c. 4, s. 41
Paragraphs 133(
j) and ( j.1 ) of the Act are replaced by the following:
(
j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:
a NAFTA country
Chile
Colombia
Costa Rica
Iceland
Israel or another CIFTA beneficiary
Jordan
Liechtenstein
Norway
Peru
Switzerland
( j.1 )
for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:
a NAFTA country
Chile
Colombia
Costa Rica
Israel or another CIFTA beneficiary
Jordan
Peru
(1) The List of Tariff Provisions set out in the
schedule to the Act is amended by
(
a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT:”;
(
b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT:”;
(
c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “JT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “JT”, for all tariff items except those tariff items set out in
Schedule 3 to this Act; and
(
d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final rate” a reference to “N/A” after the abbreviation “JT” for the tariff items set out in
Schedule 3 to this Act.
(2) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the
schedule to the Act is amended by
(
a) replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to one of the countries listed below for repair or alteration in that country.”; and
(
b) adding the following before Note 1:
Countries:
Chile
Colombia
Costa Rica
Iceland
Israel or another CIFTA beneficiary
Jordan
Liechtenstein
Mexico
Norway
Peru
Switzerland
United States
(3) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the
schedule to the Act is replaced by the following:
Goods, regardless of the country of origin or tariff treatment, other than the goods of tariff item No. 9971.00.00, returned to Canada after having been exported to one of the countries listed below for repair or alteration in that country.
Countries:
Chile
Colombia
Costa Rica
Israel or another CIFTA beneficiary
Jordan
Mexico
Peru
United States
2005, c. 34
Department of Human Resources and Skills Development Act
2009, c. 16, s. 51; 2010, c. 4, s. 43
The
schedule to the Department of Human Resources and Skills Development Act is replaced by the
schedule set out in
Schedule 4 to this Act.
R.S., c. F-11
Financial Administration Act
The Financial Administration Act is amended by adding the following after
section 89.6:
Implementation of Other Free Trade Agreements
Directive
89.7
(1) Despite subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of a free trade agreement set out in
Schedule VII that pertains to that Crown corporation.
Regulations
(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of a free trade agreement set out in
Schedule VII that pertains to that corporation.
The Act is amended by adding, after
Schedule VI, the
Schedule VII set out in
Schedule 5 to this Act.
PART 3
COORDINATING AMENDMENTS AND COMING INTO FORCE
Coordinating Amendments
Bill C-13
(1) Subsections (2) to (20) apply if Bill C-13, introduced in the 1st session of the 41st Parliament and entitled the Keeping Canada’s Economy and Jobs Growing Act (in this
section referred to as the “other Act”), receives royal assent.
(2) section 33 of this Act comes into force before
section 111 of the other Act, then that
section 111 is deemed never to have come into force and is repealed.
(3) section 111 of the other Act comes into force on the same day as
section 33 of this Act, then that
section 111 is deemed to have come into force before that
section 33 .
(4) On the first day on which both subsection 113(2) of the other Act and
section 34 of this Act are in force, paragraph 14(2)(
c) of the Customs Tariff is replaced by the following:
(
c) by way of compensation for any action taken under any of the following provisions:
(i)
subsection 55(1),
(ii)
section 60,
(iii)
subsection 63(1),
(iv)
subsection 69(2),
(v)
subsection 70(2),
(vi)
subsection 71(2),
(vii)
subsection 71.01(1),
(viii)
subsection 71.1(2),
(ix)
subsection 71.5(1),
(
x) subsection 71.6(1),
(xi)
subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act .
(5) On the first day on which both
section 116 of the other Act and
section 35 of this Act are in force,
section 27 of the Customs Tariff is replaced by the following:
Abbreviations
The following abbreviations, as defined below, apply in the schedule.
AUT
TAU
AUT refers to the Australia Tariff.
CCCT
TPAC
CCCT refers to the Commonwealth Caribbean Countries Tariff.
CIAT
TACI
CIAT refers to the Canada–Israel Agreement Tariff.
COLT
TCOL
COLT refers to the Colombia Tariff.
CRT
TCR
CRT refers to the Costa Rica Tariff.
CT refers to the Chile Tariff.
GPT
TPG
GPT refers to the General Preferential Tariff.
IT refers to the Iceland Tariff.
JT refers to the Jordan Tariff.
LDCT
TPMD
LDCT refers to the Least Developed Country Tariff.
MFN
NPF
MFN refers to the Most-Favoured-Nation Tariff.
MT refers to the Mexico Tariff.
MUST
TMÉU
MUST refers to the Mexico–United States Tariff.
NT refers to the Norway Tariff.
NZT
TNZ
NZT refers to the New Zealand Tariff.
PT refers to the Peru Tariff.
SLT
TSL
SLT refers to the Switzerland–Liechtenstein Tariff.
UST
TÉU
UST refers to the United States Tariff.
(6) On the first day on which both
section 129 of the other Act and
section 38 of this Act are in force,
section 79 of the Customs Tariff is replaced by the following:
Goods in transit
An order made under any of the following provisions may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time:
( a )
subsection 53(2);
( b )
subsection 55(1);
(
c) section 60;
( d )
subsection 63(1);
( e )
subsection 69(2);
( f )
subsection 70(2);
(
g) subsection 71.01(1);
(
h) subsection 71.1(2);
(
i) subsection 71.5(1);
(
j) subsection 71.6(1).
(7) section 39 of this Act comes into force before
section 134 of the other Act, then that
section 134 is deemed never to have come into force and is repealed.
(8) section 134 of the other Act comes into force on the same day as
section 39 of this Act, then that
section 134 is deemed to have come into force before that
section 39 .
(9) On the first day on which both
section 137 of the other Act and subsection 40 (1) of this Act are in force, the List of Countries and Applicable Tariff Treatments set out in the
schedule to the Customs Tariff is amended by adding, in the column “Tariff Treatment / Other”, a reference to “JT” opposite the reference to “Jordan”.
(10) If subsection 138(1) of the other Act comes into force before subsection 40 (2) of this Act, then that subsection 40 (2) is replaced by the following:
(2) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the
schedule to the Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.
(11) If subsection 40 (2) of this Act comes into force before subsection 138(1) of the other Act, then that subsection 138(1) is deemed never to have come into force and is repealed.
(12) If subsection 138(1) of the other Act comes into force on the same day as subsection 40 (2) of this Act, then that subsection 40 (2) is deemed to have come into force before that subsection 138(1) and subsection (11) applies as a consequence.
(13) If subsection 40 (3) of this Act comes into force before subsection 138(3) of the other Act, then that subsection 138(3) is deemed never to have come into force and is repealed.
(14) If subsection 138(3) of the other Act comes into force on the same day as subsection 40 (3) of this Act, then that subsection 138(3) is deemed to have come into force before that subsection 40 (3).
(15) section 140 of the other Act comes into force before paragraph 40 (1)(
d) of this Act, then
Schedule 3 to this Act is amended by deleting tariff item No. 9929.00.00.
(16) section 140 of the other Act comes into force on the same day as paragraph 40 (1)(
d) of this Act, then that paragraph 40 (1)(
d) is deemed to have come into force before that
section 140.
(17) If subsection 40 (1) of this Act comes into force before
section 143 of the other Act, then, on the day on which that
section 143 comes into force, the tariff provisions that are added by that
section 143 to the List of Tariff Provisions set out in the
schedule to the Customs Tariff are amended by
(
a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT: Free”; and
(
b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT: Free (A)”.
(18) section 143 of the other Act comes into force on the same day as subsection 40 (1) of this Act, then that
section 143 is deemed to have come into force before that subsection 40 (1).
(19) If subsection 40 (1) of this Act comes into force before
section 146 of the other Act, then, on the day on which that
section 146 comes into force, the tariff provisions that are added by that
section 146 to the List of Tariff Provisions set out in the
schedule to the Customs Tariff are amended by
(
a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT: Free”; and
(
b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT: Free (A)”.
(20) section 146 of the other Act comes into force on the same day as subsection 40 (1) of this Act, then that
section 146 is deemed to have come into force before that subsection 40 (1).
SOR/2011-191
(1) In this section, “Order” means the Order Amending the
Schedule to the Customs Tariff (Harmonized System Conversion, 2012) , SOR/2011-191.
(2) section 1 of the Order comes into force before subsection 40 (1) of this Act, then
Schedule 3 to this Act is amended by deleting tariff item Nos. 0209.00.22, 0209.00.24, 0401.30.20, 0407.00.12 and 0407.00.19.
(3) section 1 of the Order comes into force on the same day as subsection 40 (1) of this Act, then that subsection 40 (1) is deemed to have come into force before that
section 1.
(4) section 5 of the Order comes into force before subsection 40 (1) of this Act, then
Schedule 3 to this Act is amended by adding, in numerical order, tariff item Nos. 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12.
(5) If subsection 40 (1) of this Act comes into force before
section 5 of the Order, then, on the day on which that
section 5 comes into force, the tariff provisions that are added by that
section 5 to the List of Tariff Provisions set out in the
schedule to the Customs Tariff are amended by
(
a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT:”;
(
b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT:”;
(
c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “JT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “JT”, for all tariff items except tariff item Nos. 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12; and
(
d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “JT” for tariff item Nos. 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12.
(6) section 5 of the Order comes into force on the same day as subsection 40 (1) of this Act, then that
section 5 is deemed to have come into force before that subsection 40 (1) and subsection (4) applies as a consequence.
Coming into Force
Order in council
This Act, other than sections 44 and 45 , comes into force on a day to be fixed by order of the Governor in Council.
SCHEDULE 1 (Section 23 )
SCHEDULE (Section 20.1)
PART 1
ENVIRONMENTAL COOPERATION TREATIES
The Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with
Article 47 of that Agreement.
The North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with
Article 48 of that Agreement.
PART 2
LABOUR COOPERATION TREATIES
The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with
Article 22 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with
Article 30 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with
Article 30 of that Agreement.
The Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with
Article 47 of that Agreement.
The North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with
Article 52 of that Agreement.
SCHEDULE 2 (Section 31 )
SCHEDULE (Subsection 2(1),
section 42.4, paragraphs 43.1(1)(
b) and 74(1)(c.11) and subsection 164(1.1))
PART 1 Column 1 Column 2 Column 3 Country or Territory Agreement Tariff Chile CCFTA Chile Tariff rates of customs duty under the Customs Tariff Colombia CCOFTA Colombia Tariff rates of customs duty under the Customs Tariff Costa Rica CCRFTA Costa Rica Tariff rates of customs duty under the Customs Tariff EFTA State CEFTA Iceland Tariff, Norway Tariff or Switzerland– Liechtenstein Tariff rates of customs duty under the Customs Tariff Israel or another CIFTA beneficiary CIFTA Canada–Israel Agreement Tariff rates of customs duty under the Customs Tariff Jordan CJFTA Jordan Tariff rates of customs duty under the Customs Tariff NAFTA country NAFTA United States Tariff, Mexico Tariff or Mexico–United States Tariff rates of customs duty under the Customs Tariff Peru CPFTA Peru Tariff rates of customs duty under the Customs Tariff
PART 2 Column 1 Column 2 Agreement Provision CCFTA
Article E-14 CCOFTA
Article 423 CCRFTA
Article V.14 CJFTA
Article 5-11 CPFTA
Article 423 NAFTA
Article 514
PART 3 Column 1 Column 2 Country or Territory Provision Chile paragraph 1 of
Article E-09 of CCFTA Colombia paragraph 1 of
Article 419 of CCOFTA Costa Rica paragraph 1 of
Article V.9 or paragraph 10 of
Article IX.2 of CCRFTA EFTA State
Article 28(2) of Annex C of CEFTA Jordan paragraph 10 of
Article 6-2 of CJFTA NAFTA country paragraph 1 of
Article 509 of NAFTA Peru paragraph 1 of
Article 419 of CPFTA
PART 4 Column 1 Column 2 Country or Territory Agreement Colombia CCOFTA Costa Rica CCRFTA EFTA State CEFTA Jordan CJFTA Peru CPFTA
PART 5 Column 1 Column 2 Agreement
Chapter or Provision CCFTA Chapters C and E CCOFTA
Chapter Four CCRFTA Chapters III and V CEFTA
Chapter II and Annex C CJFTA
Chapter Five CPFTA
Chapter Four NAFTA Chapters Three and Five
SCHEDULE 3 (Subsection 40 (1))
0105.11.22
0105.94.92
0105.99.12
0207.11.92
0207.12.92
0207.13.92
0207.13.93
0207.14.22
0207.14.92
0207.14.93
0207.24.12
0207.24.92
0207.25.12
0207.25.92
0207.26.20
0207.26.30
0207.27.12
0207.27.92
0207.27.93
0209.00.22
0209.00.24
0210.99.12
0210.99.13
0210.99.15
0210.99.16
0401.10.20
0401.20.20
0401.30.20
0402.10.20
0402.21.12
0402.21.22
0402.29.12
0402.29.22
0402.91.20
0402.99.20
0403.10.20
0403.90.12
0403.90.92
0404.10.22
0404.90.20
0405.10.20
0405.20.20
0405.90.20
0406.10.20
0406.20.12
0406.20.92
0406.30.20
0406.40.20
0406.90.12
0406.90.22
0406.90.32
0406.90.42
0406.90.52
0406.90.62
0406.90.72
0406.90.82
0406.90.92
0406.90.94
0406.90.96
0406.90.99
0407.00.12
0407.00.19
0408.11.20
0408.19.20
0408.91.20
0408.99.20
1517.90.22
1601.00.22
1601.00.32
1602.20.22
1602.20.32
1602.31.13
1602.31.14
1602.31.94
1602.31.95
1602.32.13
1602.32.14
1602.32.94
1602.32.95
1806.20.22
1806.90.12
1901.20.12
1901.20.22
1901.90.32
1901.90.34
1901.90.52
1901.90.54
2105.00.92
2106.90.32
2106.90.34
2106.90.52
2106.90.94
2202.90.43
2309.90.32
3502.11.20
3502.19.20
3504.00.11
3504.00.12
3504.00.90
9801.20.00
9826.10.00
9826.20.00
9826.30.00
9826.40.00
9897.00.00
9898.00.00
9899.00.00
9904.00.00
9929.00.00
9938.00.00
9987.00.00
9990.00.00
SCHEDULE 4 (Section 41 )
SCHEDULE (Subsections 19.1(1) and (2))
TREATIES
The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with
Article 22 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with
Article 30 of that Agreement.
The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with
Article 30 of that Agreement.
SCHEDULE 5 (Section 43 )
SCHEDULE VII (Section 89.7)
Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.