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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. 47 (4th Supp.)Canadian International Trade Tribunal Act (continued)

Amendments to the Act (continued)

Marginal note:1997, c. 36, s. 198(1)

  •  (1) Paragraphs 27(1)(a.1) to (a.3) of the Act are repealed.

  • Marginal note:1993, c. 44, s. 43(2)

    (2) Subsection 27(2.1) of the Act is repealed.

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

  •  (1) Subsection 30.01(1) of the Act is replaced by the following:

    Marginal note:Definition of surge

    • 30.01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period.

  • Marginal note:1994, c. 47, s. 37

    (2) Paragraph 30.01(2)(b) of the Act is replaced by the following:

    • (b) the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.

  • Marginal note:1994, c. 47, s. 37

    (3) Subsection 30.01(2.1) of the Act is replaced by the following:

    • Marginal note:Allegations

      (2.1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Marginal note:1993, c. 44, s. 47; 2014, c. 20, s. 454

 Section 44.1 of the Act is replaced by the following:

Marginal note:Information to be disclosed

  • 44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.

  • Marginal note:Definition of government

    (2) For the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act.

Transitional Provisions

Marginal note:Definition of commencement day

 In sections 150 and 151, commencement day means the day fixed under subsection 213(1).

Marginal note:Pending proceedings

  •  (1) Subject to subsection (2), proceedings that are pending under the Canadian International Trade Tribunal 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(2) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on that day.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of inquiries under section 19.01 or any of subparagraphs 26(1)(a)(i.1), (i.2) or (i.3) of that Act.

Marginal note:New proceedings

 If proceedings under the Canadian International Trade Tribunal 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(2) 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(2) of that Act as it reads on the commencement day.

1991, c. 11Broadcasting Act

 Section 27 of the Broadcasting Act is replaced by the following:

Marginal note:Directions – Free Trade Agreement

  • 27 (1) The Governor in Council may, on the recommendation of the Minister, issue directions

    • (a) requiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented;

    • (b) respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; and

    • (c) requiring the Commission to cancel any measure taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify.

  • Marginal note:Consultation

    (2) The Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1).

  • Marginal note:Directions binding

    (3) A direction issued under subsection (1) is binding on the Commission from the time it comes into force.

  • Marginal note:Definition of Agreement

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

1991, c. 45Trust and Loan Companies Act

 Section 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order:

regulated foreign entity

regulated foreign entity means an entity that is

  • (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, and

  • (b) subject to financial services regulation in that country or territory; (entité étrangère réglementée)

 Section 244 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Exception

    (3.1) Subject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

Marginal note:2007, c. 6, s. 353

 Subsection 250(2) of the Act is replaced by the following:

  • Marginal note:Direction — immediate, direct, complete and ongoing access

    (1.1) Where a company referred to in subsection 244(3.1) or 256(3) maintains records referred to in section 243 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit

    • (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

    • (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register at any place in Canada.

  • Marginal note:Company to comply

    (2) A company shall without delay comply with any order issued under subsection (1) or (1.1).

 Section 252 of the Act is replaced by the following:

Marginal note:Regulations

252 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.1)(a).

 
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