Assented to 2018-10-25
An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam
This enactment implements the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on March 8, 2018.
The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 13 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, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power 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.
Part 3 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:
Marginal note:Short title
1 This Act may be cited as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act.
2 The following definitions apply in this Act.
Agreement means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018. (Accord)
Commission means the Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 27 of the TPP. (Commission)
- 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 means the Minister for International Trade. (ministre)
TPP means the Trans-Pacific Partnership Agreement as incorporated by reference into the Agreement by Article 1 of the Agreement. (PTP)
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 applies to natural surface or ground water in liquid, gaseous or solid state.
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.
Marginal note:Binding on Her Majesty
6 This Act is binding on Her Majesty in right of Canada.
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 other parties to the Agreement in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and other parties to the Agreement;
(d) substantially increase investment opportunities between Canada and other parties to the Agreement, while preserving the right of each of the parties 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, and seek to ensure that the benefits and opportunities created by the Agreement are widely shared;
(f) support the growth and development of micro, small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by trade;
(g) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and other parties to the Agreement on environmental matters;
(h) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and other parties to the Agreement on labour matters; and
(i) recognise the importance of promoting corporate social responsibility, cultural identity and diversity, gender equality, the rights of Indigenous peoples, inclusive trade and sustainable development.
Causes of Action
Marginal note:Causes of action under sections 9 to 13
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 13 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.
(3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Section B of Chapter 9 or Article 11.22 of the TPP.
PART 1Implementation of the Agreement
Approval and Representation on the Commission
9 The Agreement is approved.
Marginal note:Canadian representative on Commission
10 The Minister is the principal representative of Canada on the Commission.
Panels and Labour Council
Marginal note:Powers of Minister
(a) appoint a panellist in accordance with Article 28.9 of the TPP or establish a list of individuals who may serve as panellists in accordance with paragraph 9 of Article 28.11 of the TPP;
(b) propose the names of individuals for the roster referred to in Article 28.11 of the TPP; and
(c) appoint an arbitrator in accordance with Section B of Chapter 9 of the TPP.
Marginal note:Powers of Minister of Labour
(2) The Minister of Labour may act as Canada’s senior governmental representative on the Labour Council referred to in Article 19.12 of the TPP or may designate that representative.
Marginal note:Payment of expenditures
12 The Government of Canada is to pay its appropriate share of the aggregate of
(a) any expenditures incurred by or on behalf of the Commission,
(b) the general expenses incurred by the committees, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other bodies, and
(c) the expenses incurred by panels and arbitration tribunals established under the Agreement and the remuneration and expenses payable to the panellists on those panels, to arbitrators and to any experts retained by those panels or arbitration tribunals.
Marginal note:Orders — Article 28.20 of TPP
(a) suspend rights or privileges granted by Canada to another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law;
(b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party;
(c) extend the application of any federal law to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; or
(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 and Transitional Provision
R.S., c. E-19Export and Import Permits Act
(a.2) CPTPP country,
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
CPTPP has the same meaning as Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act; (PTPGP)
- CPTPP country
CPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; (pays PTPGP)
(3) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “CPTPP country” in the list of countries.
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