Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
Marginal note:2004, c. 15, s. 54; 2006, c. 13, s. 110
16 The portion of subsection 3(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Liste : exportation contrôlée
3 (1) Le gouverneur en conseil peut dresser une liste des marchandises et des technologies dont, à son avis, il est nécessaire de contrôler l’exportation ou le transfert à l’une ou plusieurs des fins suivantes :
17 (1) The portion of subsection 5(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Liste des marchandises d’importation contrôlée
5 (1) Le gouverneur en conseil peut dresser la liste des marchandises d’importation contrôlée comprenant les articles dont, à son avis, il est nécessaire de contrôler l’importation pour l’une ou plusieurs des fins suivantes :
Marginal note:2012, c. 26, s. 53
(2) 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 Schedule 1 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.
Marginal note:2014, c. 14, s. 18
18 Subsections 5.2(1) and (2) of the Act are replaced by the following:
Marginal note:Addition to Export Control List or Import Control List — Schedule 2
5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in provisions, set out in column 2 of Schedule 2, of an intergovernmental arrangement set out in column 1, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.
Marginal note:Addition to Import Control List — Schedule 3
(2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing an intergovernmental arrangement set out column 1 of Schedule 3, it is advisable to collect information with respect to the importation of any goods listed in the provisions of that arrangement set out in column 2, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.
Marginal note:1994, c. 47, s. 106
19 The heading before section 6.2 of the Act is replaced by the following:
Import or Export Access
20 (1) Section 6.2 of the Act is amended by adding the following after subsection (1):
Marginal note:Determination of quantities — export
(1.1) If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List under paragraph 3(1)(d), for the purpose of implementing CETA, or under paragraph 3(1)(f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.
Marginal note:1994, c. 47, s. 106
(2) The portion of subsection 6.2(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Allocation method
(2) If the Minister has determined a quantity of goods under subsection (1) or (1.1), the Minister may
Marginal note:1994, c. 47, s. 106
(3) Paragraph 6.2(2)(b) of the Act is replaced by the following:
(b) issue an import allocation or an export allocation, as the case may be, to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.
Marginal note:1994, c. 47, s. 106
(4) Subsection 6.2(3) of the Act is replaced by the following:
Marginal note:Transfer of allocation
(3) The Minister may consent to the transfer of an import allocation or an export allocation from one resident of Canada to another.
21 The Act is amended by adding the following after section 8.3:
Marginal note:Export permits — allocation
8.31 Despite subsection 7(1), if goods have been included on the Export Control List, the Minister shall, at the request of any person who has been issued an export allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a permit to export the goods, subject to
Marginal note:2001, c. 28, s. 50; 2014, c. 14, s. 19
22 Section 9.1 of the Act is replaced by the following:
Marginal note:Minister may issue certificate — Schedule 4
9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country listed in column 1 of Schedule 4 or with an international organization acting on behalf of such a country — or of implementing an intergovernmental arrangement applicable to a territory listed in column 1 — respecting the administration of the provisions set out in column 2, issue a certificate with respect to an exportation of goods to that country or territory stating the specific quantity of those goods that, on importation into the country or territory, is eligible for the rate of duty provided for in the provisions set out in column 3.
Marginal note:2012, c. 26, s. 54
23 The schedule to the Act is renumbered as Schedule 1.
24 The Act is amended by adding, after Schedule 1, the Schedules 2 to 4 set out in Schedule 1 to this Act.
R.S., c. F-11Financial Administration Act
25 Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:
- Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
R.S., c. F-27Food and Drugs Act
26 Subsection 30(1) of the Food and Drugs Act is amended by striking out “and” at the end of paragraph (q) and by adding the following after paragraph (r):
Marginal note:1993, c. 34, s. 73; 2004, c. 23, s. 3
27 Section 37 of the Act is replaced by the following:
Marginal note:Conditions under which exports exempt
37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if
(a) it is manufactured or prepared in Canada;
(b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;
(c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and
(d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.
Marginal note:Exception — Act
(1.1) Despite subsection (1),
(a) section 4, subsection 5(1) and section 7 apply to any food;
(b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;
(c) sections 16 and 18 apply to any cosmetic; and
(d) section 19 and subsection 20(1) apply to any device.
Marginal note:Exception — regulations
(1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device continues to apply to any packaged food, drug, cosmetic or device.
Marginal note:Exception — General Council Decision
(2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.
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