Canada–EFTA Free Trade Agreement Implementation Act (S.C. 2009, c. 6)
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Assented to 2009-04-29
Canada–EFTA Free Trade Agreement Implementation Act
S.C. 2009, c. 6
Assented to 2009-04-29
An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation
SUMMARY
This enactment implements the Free Trade Agreement and the bilateral agreements between Canada and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation signed at Davos on January 26, 2008.
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 bilateral agreements themselves, without the consent of the Attorney General for Canada.
Part 1 of the enactment approves the Free Trade Agreement and the bilateral 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 bilateral agreements.
Part 3 of the enactment provides for its coming into force.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Canada–EFTA Free Trade Agreement Implementation Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The definitions in this subsection apply in this Act.
“Agreement”
« Accord »
“Agreement” means the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), signed on January 26, 2008.
“bilateral agreement”
« accord bilatéral »
“bilateral agreement” means
(a) the Agreement on Agriculture between Canada and the Republic of Iceland, signed on January 26, 2008;
(b) the Agreement on Agriculture between Canada and the Kingdom of Norway, signed on January 26, 2008; or
(c) the Agreement on Agriculture between Canada and the Swiss Confederation, signed on January 26, 2008.
“EFTA state”
« État de l’AELÉ »
“EFTA state” means a member state of the European Free Trade Association, namely:
(a) the Republic of Iceland;
(b) the Principality of Liechtenstein;
(c) the Kingdom of Norway; or
(d) the Swiss Confederation.
“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 Committee”
« comité mixte »
“Joint Committee” means the committee established pursuant to Article 26 of the Agreement.
“Minister”
« ministre »
“Minister” means the Minister for International Trade.
Marginal note:Publication of agreements
(2) The Agreement and the bilateral agreements shall be published in the Canada Treaty Series.
Marginal note:Interpretation consistent with agreements
3. For greater certainty, this Act, any provision of an Act enacted or amended by Part 2 and any other federal law that implements a provision of the Agreement or a bilateral agreement or fulfils an obligation of the Government of Canada under the Agreement or a bilateral agreement shall be interpreted in a manner consistent with the Agreement or bilateral agreement, as the case may be.
PURPOSE
Marginal note:Purpose
4. The purpose of this Act is to implement the Agreement and the bilateral 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 and the bilateral agreements;
(b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the EFTA states in order to foster in Canada and in the EFTA states the advancement of economic activity;
(c) provide fair conditions of competition affecting trade between Canada and the EFTA states;
(d) establish a framework for further co-operation between Canada and the EFTA states in the light of developments in international economic relations, in particular with the aim of liberalizing trade in services and increasing investment opportunities; and
(e) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade.
HER MAJESTY
Marginal note:Binding on Her Majesty
5. This Act is binding on Her Majesty in right of Canada.
GENERAL
Marginal note:Causes of action under Part 1
6. (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 Part 1.
Marginal note:Causes of action under agreements
(2) 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 bilateral agreement.
Marginal note:Non-application of agreements to water
7. For greater certainty, nothing in this Act, the Agreement or the bilateral agreements applies to natural surface or ground water in liquid, gaseous or solid state.
Marginal note:Construction
8. For greater certainty, nothing in this Act, by specific mention or omission, shall be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or a bilateral agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a bilateral agreement.
PART 1IMPLEMENTATION OF AGREEMENTS GENERALLY
Approval of Agreements
Marginal note:Agreements approved
9. The Agreement and the bilateral agreements are approved.
Administrative and Institutional Provisions
Marginal note:Representative on Joint Committee
10. The Minister is the principal representative of Canada on the Joint Committee.
Marginal note:Payment of expenditures
11. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Committee.
Marginal note:Administrative support
12. The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of, and provide administrative assistance to arbitral tribunals established under, Chapter VIII of the Agreement.
Subcommittees and Working Groups
Marginal note:Appointments to subcommittees and working groups
13. The Minister may appoint any person to be a representative of Canada on the subcommittee referred to in Article 9 of the Agreement or on any subcommittee or working group established under Article 26 of the Agreement.
Marginal note:Costs
14. The Government of Canada shall pay the costs of or its appropriate share of the costs of
(a) the remuneration and expenses payable to members of arbitral tribunals, subcommittees and working groups; and
(b) the general expenses incurred by arbitral tribunals, subcommittees and working groups.
Orders
Marginal note:Orders re Article 31
15. (1) The Governor in Council may, for the purpose of suspending benefits or obligations in accordance with Article 31 of the Agreement, by order, do any one or more of the following:
(a) suspend rights or privileges granted by Canada to an EFTA state or to goods of an EFTA state under the Agreement, a bilateral agreement or any federal law;
(b) modify or suspend the application of any federal law enacted by Part 2, with respect to an EFTA state or to goods of an EFTA state;
(c) extend the application of any federal law to an EFTA state or to goods of an EFTA state; and
(d) take any other measure that the Governor in Council considers necessary for that purpose.
Marginal note:Period of order
(2) Unless revoked, an order made under subsection (1) has effect for the period specified in the order.
PART 2RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
Marginal note:2001, c. 28, s. 19(2)
16. Subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:
Marginal note:Same meaning
(4.1) In this Act,
(a) “EFTA state” has the same meaning as in subsection 2(1) of the Canada–EFTA Free Trade Agreement Implementation Act;
(b) “Iceland Tariff” means the rates of customs duty referred to in section 52.1 of the Customs Tariff;
(c) “Norway Tariff” means the rates of customs duty referred to in section 52.2 of the Customs Tariff; and
(d) “Switzerland–Liechtenstein Tariff” means the rates of customs duty referred to in section 52.3 of the Customs Tariff.
Marginal note:Goods imported from an EFTA state, a NAFTA country, Chile or Costa Rica
(5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile or from Costa Rica if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile or Costa Rica, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
17. The Act is amended by adding the following after section 19.013:
Definition of “principal cause”
19.014 (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.
Marginal note:Emergency measures — Iceland
(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 Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat 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.
Marginal note: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.
Marginal note: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 fifteen days on which that House is sitting after the report is so submitted.
Marginal note:Notice of report
(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
Definition of “principal cause”
19.015 (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.
Marginal note:Emergency measures — Norway
(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 Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat 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.
Marginal note: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.
Marginal note: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 fifteen days on which that House is sitting after the report is so submitted.
Marginal note:Notice of report
(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
Definition of “principal cause”
19.016 (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.
Marginal note:Emergency measures — Switzerland or Liechtenstein
(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 Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat 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.
Marginal note: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.
Marginal note: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 fifteen days on which that House is sitting after the report is so submitted.
Marginal note:Notice of report
(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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