Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act
S.C. 2017, c. 6
Assented to 2017-05-16
An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures
SUMMARY
This enactment implements the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 14 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 and provides for the payment by Canada of its share of the expenses associated with the operation of the institutional and administrative aspects of the Agreement and for the power of the Governor in Council 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 and to make other modifications. In addition to making the customary amendments that are made to certain Acts when implementing such agreements, Part 2 amends
(a) the Export and Import Permits Act to, among other things,
(i) authorize the Minister designated for the purposes of that Act to issue export permits for goods added to the Export Control List and subject to origin quotas in a country or territory to which the Agreement applies,
(ii) authorize that Minister, with respect to goods subject to origin quotas in another country that are added to the Export Control List for certain purposes, to determine the quantities of goods subject to such quotas and to issue export allocations for such goods, and
(iii) require that Minister to issue an export permit to any person who has been issued such an export allocation;
(b) the Patent Act to, among other things,
(i) create a framework for the issuance and administration of certificates of supplementary protection, for which patentees with patents relating to pharmaceutical products will be eligible, and
(ii) provide further regulation-making authority in subsection 55.2(4) to permit the replacement of the current summary proceedings in patent litigation arising under regulations made under that subsection with full actions that will result in final determinations of patent infringement and validity;
(c) the Trade-marks Act to, among other things,
(i) protect EU geographical indications found in Annex 20-A of the Agreement,
(ii) provide a mechanism to protect other geographical indications with respect to agricultural products and foods,
(iii) provide for new grounds of opposition, a process for cancellation, exceptions for prior use for certain indications, for acquired rights and for certain terms considered to be generic, and
(iv) transfer the protection of the Korean geographical indications listed in the Canada–Korea Economic Growth and Prosperity Act into the Trade-marks Act;
(d) the Investment Canada Act to raise, for investors that are non-state-owned enterprises from countries that are parties to the Agreement or to other trade agreements, the threshold as of which investments are reviewable under Part IV of the Act; and
(e) the Coasting Trade Act to
(i) provide that the requirement in that Act to obtain a licence is not applicable for certain activities carried out by certain non-duty paid or foreign ships that are owned by a Canadian entity, EU entity or third party entity under Canadian or European control, and
(ii) provide, with respect to certain applications for a licence for dredging made on behalf of certain of those ships, for exemptions from requirements that are applicable to the issuance of a licence.
Part 3 contains consequential amendments and Part 4 contains coordinating amendments and the coming-into-force provision.
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–European Union Comprehensive Economic and Trade Agreement Implementation Act.
Interpretation
Marginal note:Definitions
2 The following definitions apply in this section and in sections 3 to 14.
- Agreement
Agreement means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. (Accord)
- CETA Joint Committee
CETA Joint Committee means the CETA Joint Committee established under Article 26.1 of the Agreement. (Comité mixte de l’AÉCG)
- federal law
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
Minister means the Minister for International Trade. (ministre)
Marginal note:Interpretation consistent with Agreement
3 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.
Marginal note:Non-application of Act and Agreement to water
4 For greater certainty, nothing in this Act or the Agreement, except Chapters Twenty-Two and Twenty-Four of the Agreement, applies to natural surface or ground water in liquid, gaseous or solid state.
Marginal note:Construction
5 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
Marginal note:Binding on Her Majesty
6 This Act is binding on Her Majesty in right of Canada.
Purpose
Marginal note:Purpose
7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its 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 European Union in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and the European Union;
(d) substantially increase investment opportunities in Canada and the European Union, while preserving the right of each of the parties to the Agreement to regulate to achieve legitimate policy goals;
(e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;
(f) provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies;
(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and the European Union on labour matters;
(h) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the European Union on environmental matters; and
(i) promote sustainable development.
Causes of Action
Marginal note:Causes of action under sections 9 to 14
8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 14 or an order made under those sections.
Marginal note: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.
Marginal note:Exception
(3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Section F of Chapter Eight or Article 13.21 of the Agreement.
PART 1Implementation of the Agreement
Approval and Representation on the CETA Joint Committee
Marginal note:Agreement approved
9 The Agreement is approved.
Marginal note:Canadian representative on CETA Joint Committee
10 The Minister is the principal representative of Canada on the CETA Joint Committee.
Tribunals, Arbitration Panels and Panels of Experts
Marginal note:Powers of Minister
Marginal note:Power of Minister of Finance
(2) The Minister of Finance may propose the names of individuals to be included in the sub-lists referred to in paragraph 3 of Article 13.20 of the Agreement.
Marginal note:Powers of Minister of Labour
(3) The Minister of Labour may propose the names of individuals to be included in the list established under paragraph 6 of Article 23.10 of the Agreement and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
Marginal note:Powers of Minister of the Environment
(4) The Minister of the Environment may propose the names of individuals to be included in the list established under paragraph 6 of Article 24.15 of the Agreement and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
Marginal note:Operation of Chapter Twenty-Nine
12 The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twenty-Nine of the Agreement.
Expenses
Marginal note:Payment of expenses
13 The Government of Canada is to pay its appropriate share of the aggregate of
(a) the expenses incurred by tribunals established under the Agreement and the remuneration and expenses payable to members of those tribunals;
(b) the expenses incurred by arbitration panels and Panels of Experts established under the Agreement and the remuneration and expenses payable to those arbitrators, panellists on those Panels of Experts and mediators; and
(c) the expenses incurred by the CETA Joint Committee and the specialized committees, bilateral dialogues, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the CETA Joint Committee and those specialized committees and to members of those bilateral dialogues, working groups and other bodies.
Orders
Marginal note:Orders re Article 29.14 of Agreement
14 (1) The Governor in Council may, for the purpose of suspending obligations in accordance with Article 29.14 of the Agreement, by order, do any one or more of the following:
(a) suspend rights or privileges granted by Canada to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states under the Agreement or any federal law;
(b) modify or suspend the application of any federal law with respect to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states;
(c) extend the application of any federal law to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states;
(d) take any other measure that the Governor in Council considers necessary.
Marginal note:Period of order
(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
PART 2Related Amendments
R.S., c. E-19Export and Import Permits Act
Marginal note:1994, c. 47, s. 100; 2006, c. 13, s. 109
15 (1) The definitions export allocation and import allocation in subsection 2(1) of the Export and Import Permits Act are replaced by the following:
- export allocation
export allocation means an export allocation issued under paragraph 6.2(2)(b) or 6.3(3)(b); (autorisation d’exportation)
- import allocation
import allocation means an import allocation issued under paragraph 6.2(2)(b); (autorisation d’importation)
(2) The definition free trade partner in subsection 2(1) of the Act is amended by adding the following after paragraph (a):
(a.1) an EU country or other CETA beneficiary,
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- CETA
CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)
- EU country or other CETA beneficiary
EU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)
Marginal note:2014, c. 14, s. 17(2)
(4) Subsection 2(2) of the Act is replaced by the following:
Marginal note:Goods imported from certain countries
(2) For the purposes of this Act, goods are imported from one of the following countries or territories if they are shipped directly to Canada from that country or territory, within the meaning of sections 17 and 18 of the Customs Tariff:
- a NAFTA country
- an EU country or other CETA beneficiary
- Chile
- Costa Rica
- Honduras
- Date modified: