Canada–Panama Economic Growth and Prosperity Act (S.C. 2012, c. 26)
Full Document:
Assented to 2012-12-14
Marginal note:2010, c. 4, s. 46
53. Subsection 5(3.4) of the Act is replaced by the following:
Marginal note:Exception for goods imported from certain countries
(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in the schedule if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
54. The Act is amended by adding, after section 27, the schedule set out in Schedule 7 to this Act.
R.S., c. F-11Financial Administration Act
55. The Financial Administration Act is amended by adding the following after section 89.6:
Implementation of Other Free Trade Agreements
Marginal note: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.
Marginal note: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.
56. The Act is amended by adding, after Schedule VI, the Schedule VII set out in Schedule 8 to this Act.
R.S., c. I-3Importation of Intoxicating Liquors Act
57. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
“Panama”
« Panama »
“Panama” has the same meaning as in subsection 2(1) of the Customs Tariff;
58. Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:
(f.1) the importation of bulk spirits into a province from a country listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits
(i) are entitled to the benefit of a tariff set out in column 2, and
(ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and
59. The Act is amended by adding, after section 8, the schedule set out in Schedule 9 to this Act.
PART 3COORDINATING AMENDMENTS AND COMING INTO FORCE
Coordinating Amendments
Marginal note:Bill C-13 and Canada–Jordan Economic Growth and Prosperity Act
60. 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 “first Act”), receives royal assent and a Bill entitled the Canada–Jordan Economic Growth and Prosperity Act (in this section referred to as the “second Act”) is introduced in the 1st session of 41st Parliament and receives royal assent, then, on the first day on which the provision of the first Act, the provision of the second Act and the provision of this Act that are set out together in one of subsections 63(2) to (4) are all in force, the effects produced by that subsection prevail over any inconsistent effects that would otherwise be produced on the same day by
(a) subsections 44(4) to (6) of the second Act;
(b) subsections 61(4), (5) and (12) of this Act; or
(c) subsections 62(40) to (42) of this Act.
Marginal note:Bill C-13
61. (1) Subsections (2) to (29) 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) If section 39 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) If section 111 of the other Act comes into force on the same day as section 39 of this Act, then that section 111 is deemed to have come into force before that section 39.
(4) On the first day on which both subsection 113(2) of the other Act and section 40 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 71.41(1),
(x) subsection 71.5(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 41 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:
Marginal note:Abbreviations
27. 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”
« TC »
“CT” refers to the Chile Tariff.
“GPT”
« TPG »
“GPT” refers to the General Preferential Tariff.
“IT”
« TI »
“IT” refers to the Iceland Tariff.
“LDCT”
« TPMD »
“LDCT” refers to the Least Developed Country Tariff.
“MFN”
« NPF »
“MFN” refers to the Most-Favoured-Nation Tariff.
“MT”
« TM »
“MT” refers to the Mexico Tariff.
“MUST”
« TMÉU »
“MUST” refers to the Mexico–United States Tariff.
“NT”
« TN »
“NT” refers to the Norway Tariff.
“NZT”
« TNZ »
“NZT” refers to the New Zealand Tariff.
“PAT”
« TPA »
“PAT” refers to the Panama Tariff.
“PT”
« TP »
“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) If section 43 of this Act comes into force before section 124 of the other Act, then, on the day on which that section 124 comes into force, the definition “principal cause” in section 54 of the Customs Tariff is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.
(7) If section 124 of the other Act comes into force on the same day as section 43 of this Act, then that section 124 is deemed to have come into force before that section 43.
(8) If section 44 of this Act comes into force before section 126 of the other Act, then that section 126 is deemed never to have come into force and is repealed.
(9) If section 126 of the other Act comes into force on the same day as section 44 of this Act, then that section 126 is deemed to have come into force before that section 44.
(10) If section 45 of this Act comes into force before section 127 of the other Act, then that section 127 is deemed never to have come into force and is repealed.
(11) If section 127 of the other Act comes into force on the same day as section 45 of this Act, then that section 127 is deemed to have come into force before that section 45.
(12) On the first day on which both section 129 of the other Act and section 47 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:
Marginal note:Goods in transit
79. 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 71.41(1);
(j) subsection 71.5(1).
(13) If section 48 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.
(14) If section 134 of the other Act comes into force on the same day as section 48 of this Act, then that section 134 is deemed to have come into force before that section 48.
(15) On the first day on which both section 137 of the other Act and subsection 49(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 “PAT” opposite the reference to “Panama”.
(16) If subsection 138(1) of the other Act comes into force before subsection 49(3) of this Act, then that subsection 49(3) is replaced by the following:
(3) 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 “Panama” in the list of countries.
(17) If subsection 49(3) 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.
(18) If subsection 138(1) of the other Act comes into force on the same day as subsection 49(3) of this Act, then that subsection 49(3) is deemed to have come into force before that subsection 138(1) and subsection (17) applies as a consequence.
(19) If subsection 138(2) of the other Act comes into force before subsection 49(4) of this Act, then that subsection 49(4) is replaced by the following:
(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.
(20) If subsection 49(4) of this Act comes into force before subsection 138(2) of the other Act, then that subsection 138(2) is deemed never to have come into force and is repealed.
(21) If subsection 138(2) of the other Act comes into force on the same day as subsection 49(4) of this Act, then that subsection 49(4) is deemed to have come into force before that subsection 138(2) and subsection (20) applies as a consequence.
(22) If subsection 49(5) 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.
(23) If subsection 138(3) of the other Act comes into force on the same day as subsection 49(5) of this Act, then that subsection 138(3) is deemed to have come into force before that subsection 49(5).
(24) If section 140 of the other Act comes into force before subsection 49(2) of this Act, then that subsection 49(2) is repealed.
(25) If section 140 of the other Act comes into force on the same day as subsection 49(2) of this Act, then that subsection 49(2) is deemed to have come into force before that section 140.
(26) If subsection 49(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 “GPT”, a reference to “PAT: Free”; and
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “PAT: Free (A)”.
(27) If section 143 of the other Act comes into force on the same day as subsection 49(1) of this Act, then that section 143 is deemed to have come into force before that subsection 49(1).
(28) If subsection 49(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 “GPT”, a reference to “PAT: Free”; and
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “PAT: Free (A)”.
(29) If section 146 of the other Act comes into force on the same day as subsection 49(1) of this Act, then that section 146 is deemed to have come into force before that subsection 49(1).
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