Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)

81 The Act is amended by adding, after section 51, the schedule set out in Schedule 3 to this Act.

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

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

Marginal note:2009, c. 6, s. 24(1)

• 83 (1) The portion of paragraph 42.1(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) conduct a verification of origin of goods for which preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), is claimed

• Marginal note:2009, c. 6, ss. 24(2) and (3)

  (2) Subsections 42.1(1.1) and (2) of the Act are replaced by the following:

  • Marginal note:Method of verification — certain agreements

    (1.1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct any of the following:

    • (a) a verification of origin of goods for which preferential tariff treatment under CEFTA is claimed, by requesting in writing that the customs administration of the EFTA state of export conduct a verification and provide an opinion as to whether the goods are originating within the meaning of Annex C of CEFTA;

    • (b) a verification of origin of goods for which preferential tariff treatment under CETA is claimed, by requesting in writing that the customs administration of the EU country or other CETA beneficiary of export conduct a verification and provide a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA.

  • Marginal note:Withdrawal of preferential tariff treatment

    (2) If an exporter or producer of goods that are subject to a verification of origin under paragraph (1)(a) fails to comply with the prescribed requirements or, in the case of a verification of origin under subparagraph (1)(a)(i), does not consent to the verification of origin in the prescribed manner and within the prescribed time, preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), may be denied or withdrawn from the goods.

• Marginal note:2009, c. 6, s. 24(3)

  (3) The portion of subsection 42.1(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Withdrawal of preferential tariff treatment — certain agreements

    (3) Preferential tariff treatment under a free trade agreement referred to in subsection (1.1) may be denied or withdrawn from the goods in any of the following circumstances:

    • (a) in the case of CEFTA, if the EFTA state of export fails to conduct a verification or provide an opinion as to whether the goods are originating;

    • (a.1) in the case of CETA, if the EU country or other CETA beneficiary of export fails to conduct a verification or provide a written report as to whether the goods are originating;

Marginal note:2009, c. 6, s. 28

• 84 (1) Subsection 97.201(1) of the Act is replaced by the following:

  Marginal note:Verification of origin — certain agreements

  • 97.201 (1) The customs administration of any state or beneficiary referred to in subsection 42.1(1.1) to which goods were exported may request in writing that the Agency conduct a verification and provide, as the case may be

    • (a) an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; or

    • (b) a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA.

• Marginal note:2009, c. 6, s. 28

  (2) Subsection 97.201(3) of the Act is replaced by the following:

  • Marginal note:Statement of origin — certain agreements

    (3) On completion of a verification of origin requested under subsection (1), an officer or other person designated under subsection (2) shall

    • (a) provide, in the prescribed manner, the customs administration of the state or beneficiary with the opinion or written report requested and any relevant supporting documents that may be requested by that customs administration; and

    • (b) determine whether the goods are originating within the meaning of the applicable provision referred to in subsection (1).

Marginal note:2012, c. 18, s. 30

85 Subsection 164(1.1) of the Act is replaced by the following:

86 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “EU country or other CETA beneficiary” in column 1, a corresponding reference to “CETA” in column 2 and a corresponding reference to “Canada–European Union Tariff rates of customs duty under the Customs Tariff” in column 3.

87 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “EU country or other CETA beneficiary” in column 1 and a corresponding reference to “CETA” in column 2.

88 The heading of column 2 of Part 5 of the schedule to the Act is replaced by “Protocol, Chapter or Provision”.

89 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CETA” in column 1 and a corresponding reference to “Protocol on Rules of Origin and Origin Procedures” in column 2.

R.S., c. 17 (2nd Supp.)Commercial Arbitration Act

90 Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 8.23” and a corresponding reference to “Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016” in column 2.

1992, c. 31Coasting Trade Act

• 91 (1) The definition owner in subsection 2(1) of the English version of the Coasting Trade Act is replaced by the following:

  owner

  owner, in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use; (propriétaire)

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

  Canadian entity

  Canadian entity means

  • (a) a corporation that is incorporated in Canada, or

  • (b) a trust, partnership, joint venture or other association that is formed in Canada; (entité canadienne)

  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 entity

  EU entity means

  • (a) a corporation that is incorporated in the territory of the European Union, or

  • (b) a trust, partnership, joint venture or other association that is formed in the territory of the European Union; (entité de l’Union européenne)

  territory of the European Union

  territory of the European Union means the territory in which the Treaty on European Union, done at Maastricht on February 7, 1992, and the Treaty Establishing the European Economic Community, done at Rome on March 25, 1957 — renamed the Treaty on the Functioning of the European Union — as they are amended from time to time, are applicable, in accordance with the conditions specified in those treaties; (territoire de l’Union européenne)