Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
PART 2Related Amendments (continued)
1997, c. 36Customs Tariff (continued)
108 (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 “GPT”, a reference to “CEUT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “CEUT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CEUT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CEUT”, for all tariff items except those set out in Schedules 4 and 5 to this Act;
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CEUT” for the tariff items set out in Schedule 4 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CEUT”, for each tariff item set out in Schedule 5 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
(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 “an EU country or other CETA beneficiary” in the list of countries.
(3) Note 1 to 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 replaced by the following:
Note 1: The Canada–European Union Tariff, Iceland Tariff, Korea Tariff, Norway Tariff and Switzerland–Liechtenstein Tariff rate of customs duty applicable to goods classified under this tariff item shall be, in respect of the value of the repair or alteration to the goods carried out only in an EU country or other CETA beneficiary, Iceland, Korea, Norway, Switzerland or Liechtenstein, respectively, determined under section 87 of this Act, in accordance with their classification in Chapters 1 to 97.
(4) 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 amended by adding, in alphabetical order, a reference to “an EU country or other CETA beneficiary” in the list of countries.
2002, c. 28Pest Control Products Act
109 Subsection 7(2) of the Pest Control Products Act is replaced by the following:
Marginal note:Use of information provided by registrants
(2) If the Minister determines that the active ingredient of the applicant’s pest control product is equivalent to the active ingredient of a registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the applicant to use or rely on any information referred to in subsection (1) that has been provided by any registrant if the Minister is satisfied that the information
110 Subsection 16(5) of the Act is replaced by the following:
Marginal note:Provision of information if more than one registrant
(5) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent,
(a) two or more registrants may provide the information required under subsection (3) or paragraph 19(1)(a) jointly; and
(b) if the Minister is satisfied that the information required under subsection (3) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph.
Marginal note:If active ingredients not equivalent
(5.1) If the active ingredients of the registered pest control product that is subject to the re-evaluation are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the re-evaluation to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the re-evaluation.
111 Subsection 18(3) of the Act is replaced by the following:
Marginal note:Provision of information if more than one registrant
(3) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent,
(a) two or more registrants may provide the information required under subsection (1) or paragraph 19(1)(a) jointly; and
(b) if the Minister is satisfied that the information required under subsection (1) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph.
Marginal note:If active ingredients not equivalent
(3.1) If the active ingredients of a registered pest control product that is subject to the special review are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the special review to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the special review.
112 Subsection 66(2) of the Act is replaced by the following:
Marginal note:Negotiation and arbitration
(2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations.
113 Subsection 67(1) of the Act is amended by adding the following after paragraph (z):
(z.01) respecting the entering into of agreements and the determination of compensation payable through negotiations and binding arbitration, under section 66;
Transitional Provisions
Marginal note:Definition of Act
114 In sections 115 and 116, Act means the Trade-marks Act.
Marginal note:Indications in Schedule
115 (1) Despite subsection 11.12(2) and section 11.13 of the Act, the Registrar, as defined in section 2 of the Act, must, as soon as feasible after this section comes into force, enter the indications set out in Schedule 6 to this Act on the list of geographical indications kept under subsection 11.12(1) of the Act.
Marginal note:Deemed entered on list
(2) Those indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force.
Marginal note:For greater certainty
(3) For greater certainty, the Registrar is not required to enter those translations on the list.
Marginal note:Geographical indications
(4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act.
Marginal note:Acquired rights
(5) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to those indications, as a reference to “the day on which this section comes into force”.
Marginal note:Indication “Feta”
(6) For the purpose of section 11.22 of the Act, the indication “Feta” is deemed to be listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, to the extent that the indication “Φέτα” (Feta) remains listed in that Part A of Annex 20-A of that Agreement.
Marginal note:Additional indications
116 (1) On the publication of a statement by the Minister, as defined in section 11.11 of the Act, that a geographical indication has been added to Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, the Registrar, as defined in section 2 of the Act, must, despite subsection 11.12(2) and section 11.13 of the Act, enter the indication on the list kept under subsection 11.12(1) of the Act.
Marginal note:Information in statement
(2) The Minister’s statement must set out the information described in paragraphs 11.12(3)(b) to (d) and (f) of the Act in respect of the indication.
Marginal note:Deemed entered on list
(3) The indication and all translations of the indication are deemed to have been entered on the list on the date on which the indication is added to Part A of Annex 20-A of Chapter Twenty of that Agreement.
Marginal note:For greater certainty
(4) For greater certainty, the Registrar is not required to enter those translations on the list.
Marginal note:Geographical indication
(5) The indication, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act.
Marginal note:Acquired rights
(6) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication, as a reference to “the date on which the indication is added to Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016”.
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