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Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)

Assented to 2020-03-13

PART 2Related Amendments (continued)

R.S., c. S-15Special Import Measures Act (continued)

Amendments to the Act (continued)

Marginal note:1993, c. 44, s. 218

 Section 77.036 of the Act is replaced by the following:

Marginal note:Publication in Canada Gazette

77.036 The rules, the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

Marginal note:1993, c. 44, s. 218

 Section 77.037 of the Act is replaced by the following:

Marginal note:Application

77.037 If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country:

  • (a) a provision of an Act to amend this Act;

  • (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or

  • (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.

Marginal note:1993, c. 44, s. 219; 2005, c. 38, par. 134(z.28)

 Section 83.1 of the Act is replaced by the following:

Marginal note:Information to be disclosed

83.1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.

Marginal note:1993, c. 44, s. 221; 2002, c. 8. par. 182(1)(z.10); 2005, c. 38, par. 134(z.37)

 Subsection 96.11(1) of the Act is replaced by the following:

Marginal note:No references

  • 96.11 (1) Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country.

Marginal note:1993, c. 44, s. 222; 1999, c. 12, art. 48(F)

 Subsections 96.21(1) to (5) of the Act are replaced by the following:

Marginal note:Request for review of final determination

  • 96.21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law.

  • Marginal note:Idem

    (2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.

  • Marginal note:Deeming

    (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.

  • Marginal note:Limitation period

    (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister.

  • Marginal note:Definition of final determination

    (5) In this section, final determination means a final determination as defined in Article 10.8 of the Canada–United States–Mexico Agreement.

Marginal note:1993, c. 44, s. 223(1)

  •  (1) Paragraph 97(1)(g.11) of the Act is replaced by the following:

    • (g.11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);

  • Marginal note:1993, c. 44, s. 223(2)

    (2) Paragraphs 97(1)(g.21) and (g.22) of the Act are replaced by the following:

    • (g.21) defining the expression goods of a CUSMA country for the purpose of this Act;

    • (g.22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

Transitional Provisions

Marginal note:Definition of commencement day

 In sections 106 and 107, commencement day means the day fixed under subsection 213(1).

Marginal note:Pending proceedings

 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day.

Marginal note:New proceedings

 If proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day.

R.S., c. T-13Trademarks Act

 Section 20 of the Trademarks Act is amended by adding the following after subsection (1):

  • Marginal note:Deemed infringement under paragraph (1)(b)

    (1.01) An infringement under paragraph (1)(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trademark imports goods on a commercial scale that bear a trademark that is identical to, or cannot be distinguished in its essential aspects from, the trademark registered for such goods.

Marginal note:2014, c. 32, s. 43

  •  (1) Subsection 51.03(2) of the Act is amended by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).

  • Marginal note:2017, c. 6, s. 71

    (2) Subsection 51.03(2.3) of the Act is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

  • (3) Section 51.03 of the Act is amended by adding the following after subsection (2.3):

    • Marginal note:Customs transit or transhipment control

      (2.4) For the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release.

Marginal note:2014, c. 32, s. 43

 Paragraph 51.06(1)(b) of the Act is replaced by the following:

  • (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;

R.S., c. 28 (1st Supp.)Investment Canada Act

Marginal note:1994, c. 47, s. 134

 Subsections 24(2) to (5) of the Investment Canada Act are replaced by the following:

  • Marginal note:Authority to purchase cultural business

    (2) Notwithstanding section 90 of the Financial Administration Act, where a CUSMA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.1(6), that has been acquired in the manner described in subparagraph 28(1)(d)(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired.

  • Marginal note:Designation of agent

    (3) For the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the Agreement under Article 32.6 of the Agreement, as the Governor in Council considers appropriate.

  • Marginal note:Definitions

    (4) The following definitions apply in this section.

    Agreement

    Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord)

    controlled by a CUSMA investor

    controlled by a CUSMA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2),

    • (a) the ultimate direct or indirect control in fact of the Canadian business by a CUSMA investor through the ownership of voting interests; or

    • (b) the ownership by a CUSMA investor of all or substantially all of the assets used in carrying on the Canadian business. (sous le contrôle d’un investisseur ACEUM)

    CUSMA country

    CUSMA country means a country that is a party to the Agreement. (pays ACEUM)

    CUSMA investor

    CUSMA investor means

    • (a) an individual, other than a Canadian, who is a national as defined in Article 1.5 of the Agreement;

    • (b) a government of a CUSMA country, whether federal, state or local, or an agency thereof;

    • (c) an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a CUSMA investor-controlled entity, as determined in accordance with subsection (5);

    • (d) a corporation or limited partnership

      • (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1),

      • (ii) that is not a CUSMA investor within the meaning of paragraph (c),

      • (iii) of which less than a majority of its voting interests are owned by CUSMA investors,

      • (iv) that is not controlled in fact through the ownership of its voting interests, and

      • (v) of which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and CUSMA investors;

    • (e) a trust

      • (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2),

      • (ii) that is not a CUSMA investor within the meaning of paragraph (c),

      • (iii) that is not controlled in fact through the ownership of its voting interests, and

      • (iv) of which two thirds of its trustees are any combination of Canadians and CUSMA investors; or

    • (f) any other form of business organization specified by the regulations that is controlled by a CUSMA investor. (investisseur ACEUM)

  • Marginal note:Interpretation

    (5) For the purposes only of determining whether an entity is a CUSMA investor-controlled entity under paragraph (c) of the definition CUSMA investor in subsection (4),

    • (a) subsections 26(1) and (2) and section 27 apply and, for that purpose,

      • (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “CUSMA investor” or “CUSMA investors”, respectively,

      • (ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a CUSMA investor,” or “non-Canadians, other than CUSMA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not CUSMA investors”,

      • (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “CUSMA investor-controlled”, and

      • (iv) the reference in subparagraph 27(d)(i) to “Canada” shall be read and construed as a reference to “a CUSMA country”; and

    • (b) where two persons, one being a Canadian and the other being a CUSMA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be CUSMA investor-controlled.

 
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