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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. 28 (1st Supp.)Investment Canada Act (continued)

 The schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA Agreement within the meaning of subsection 24(4) of this Act” and the corresponding reference in column 2 to “Article 201”.

 The schedule to the Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of subsection 24(4) of this Act” and a corresponding reference in column 2 to “Article 1.5”.

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

Marginal note:1993, c. 44, s. 81

  •  (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Customs Act are repealed.

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

    CUSMA

    CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)

    CUSMA country

    CUSMA country means a country that is a party to CUSMA; (pays ACEUM)

Marginal note:1993, c. 44, s. 83; 2001, c. 25, s. 30(3)

 Subsection 35.02(4) of the Act is repealed.

Marginal note:1988, c. 65, s. 69; 2018, c. 23, s. 21

  •  (1) Subsections 35.1(3) and (3.1) of the Act are replaced by the following:

    • Marginal note:Who furnishes

      (3) Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished in accordance with subsection (1) by the importer or owner of the goods.

    • Marginal note:Certificate of origin completed by importer

      (3.1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.

  • Marginal note:1988, c. 65, s. 69

    (2) The portion of subsection 35.1(4) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Regulations

      (4) The Governor in Council, on the recommendation of the Minister, may make regulations

Marginal note:1997, c. 14, s. 38

 The heading “Conduct of Verification” before section 42.1 of the Act is replaced by the following:

Origin of Goods, Duty Relief and Drawback

Marginal note:1997, c. 14, s. 38; 1997, c. 36, s. 161

  •  (1) Subsection 42.1(1) of the Act is amended by adding “or” after paragraph (a) and by repealing paragraph (b).

  • (2) Subsection 42.1(1) of the Act is amended by striking out “or” after paragraph (a), by adding “or” after paragraph (b) and by adding the following after paragraph (b).

    • (c) enter any prescribed premises or place at any reasonable time to verify the amount, if any, of

      • (i) a relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a CUSMA country, or

      • (ii) a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country.

Marginal note:2014, c. 14, s. 24

 Subsections 42.3(1) to (4) of the Act are replaced by the following:

Marginal note:Definition of customs administration

  • 42.3 (1) In this section, customs administration has the meaning assigned to that expression by Article E-14 of CCFTA, Article V.14 of CCRFTA or Article 5.1 of CHFTA, as the case may be.

  • Marginal note:Effective date of redetermination or further redetermination of origin of goods

    (2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that

    • (a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and

    • (b) that tariff classification or value differs from the tariff classification or value applied to those materials by the country — Chile, Costa Rica or Honduras — from which the goods were exported.

  • Marginal note:Limitation

    (3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the country — Chile, Costa Rica or Honduras — from which the goods were exported, has, before that date,

    • (a) given an advance ruling under Article E-09 of CCFTA, Article V.9 of CCRFTA, paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.6 of CCRFTA, or paragraph 15 of Article 5.7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or

    • (b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into Chile, Costa Rica or Honduras.

  • Marginal note:Postponement of effective date

    (4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding 90 days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the country — Chile, Costa Rica or of Honduras — from which the goods were exported.

 The Act is amended by adding the following after section 42.4:

Duty Evasion

Marginal note:Definition of duty evasion

42.5 In sections 42.6 and 42.7, duty evasion means the evasion of anti-dumping, countervailing or safeguard duties that are imposed by a CUSMA country other than Canada.

Marginal note:Duty evasion verification

  • 42.6 (1) If requested by a CUSMA country under paragraph 5 of Article 10.7 of CUSMA, any officer, or any officer within a class of officers, designated by the President for the purposes of this section may — for the purpose of enabling the requesting CUSMA country to determine whether goods exported from Canada to that country are subject to anti-dumping, countervailing, or safeguard duties imposed by that country — conduct a duty evasion verification that includes, among other things, obtaining information from an exporter or producer of goods in Canada.

  • Marginal note:Paragraph 7(a) of Article 10.7 of CUSMA

    (2) The duty evasion verification may be conducted only if Canada and the requesting CUSMA country have mutually agreed to conditions and procedures and the verification is conducted in accordance with those conditions and procedures.

  • Marginal note:Power to enter

    (3) In conducting the duty evasion verification, the officer may enter the premises of an exporter or producer of goods.

Marginal note:Report

42.7 After a duty evasion verification has been completed, an officer shall provide the requesting CUSMA country with a report that contains any relevant information obtained from an exporter or producer of goods in Canada during the verification.

 
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