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

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Assented to 2020-03-13

PART 2Related Amendments (continued)

R.S., c. G-10Canada Grain Act (continued)

Marginal note:1994, c. 45, s. 25; 2011, c. 25, s. 27

67 The heading before section 83.1 and sections 83.1 to 84 of the Act are replaced by the following:

Declaration Respecting Grain

Marginal note:Obligation to provide declaration

83.1 Every licensee and every person who sells grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person.

Marginal note:Regulations

83.2 The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.1, including regulations prescribing

(a) its form and content;
(b) when it is to be made and provided; and
(c) the persons to whom it is to be provided.

Marginal note:False or misleading statement

83.3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.1.

PART VCarriage of Grain

General

Marginal note:Transport, except by public carrier, restricted

84 Except in accordance with terms and conditions prescribed under section 84.1 or with an order made under section 84.2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.

Marginal note:Regulations

84.1 The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84.

Marginal note:Orders

84.2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made.

68 (1) Subsection 116(1) of the Act is amended by adding the following after paragraph (c):
- (c.1) prescribing circumstances in which an inspector, under paragraph 32(1)(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it;
(2) Paragraph 116(1)(h) of the Act is replaced by the following:
- (h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator;

69 The Act is amended by adding the following after section 118:

Marginal note:Incorporation by reference — Commission

118.1 (1) A regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility
(2) The Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible.
Marginal note:Defence
(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

R.S., c. I-3Importation of Intoxicating Liquors Act

Marginal note:1993, c. 44, s. 159

70 (1) The definition NAFTA country in section 2 of the Importation of Intoxicating Liquors Act is repealed.
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
CUSMA country
CUSMA country means a country that is a party to the Agreement as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (pays ACEUM)

Marginal note:2002, c. 22, par. 411(7)(b)

71 The portion of paragraph 3(2)(c) of the Act before subparagraph (ii) is replaced by the following:

(c) the importation of bulk spirits into a province from a CUSMA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits
- (i) are entitled to the United States Tariff or the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

R.S., c. S-15Special Import Measures Act

Amendments to the Act

Marginal note:1993, c. 44, s. 201(2)

72 (1) The definitions government of a NAFTA country, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Special Import Measures Act are repealed.
Marginal note:2010, c. 12, s. 1782
(2) The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following:
Canadian Secretary
Canadian Secretary means
- (a) when Part I.1 is in force, the Secretary referred to in section 14 of the Canada–United States–Mexico Agreement Implementation Act, and
- (b) when Part II is in force, the Secretary appointed under subsection 77.24(1); (secrétaire canadien)
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
Canada–United States–Mexico Agreement
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)
CUSMA country
CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM)
government of a CUSMA country
government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM)

Marginal note:1993, c. 44, s. 204

73 The portion of subsection 9.01(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty ceases where order or finding rescinded pursuant to review

9.01 (1) Where a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case

Marginal note:2017, c. 20, s. 72

74 The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty ceases if investigation terminated after review

9.21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case

Marginal note:1993, c. 44, s. 209

75 Subsection 43(1.01) of the Act is replaced by the following:

Marginal note:Separate order or finding
(1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:
- (a) goods of more than one CUSMA country; or
- (b) goods of one or more CUSMA countries and goods of one or more other countries.

Marginal note:1993, c. 44, s. 212; 2005. c. 38, par. 136(b)(F)

76 Paragraphs 56(1.01)(a) and (b) of the Act are replaced by the following:

(a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and
(b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.

Marginal note:1993, c. 44, s. 214; 2005, c. 38, par. 134(z.12)

77 Paragraphs 58(1.1)(a) and (b) of the Act are replaced by the following:

(a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and
(b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

Marginal note:1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)

78 Subsections 59(3.1) and (3.2) of the Act are replaced by the following:

Marginal note:Notice of re-determination
(3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.
Marginal note:Presumption
(3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.

Marginal note:2017, c. 20, s. 89

79 (1) Paragraph 70(1)(b) of the Act is replaced by the following:
- (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
Marginal note:2017, c. 20, s. 89
(2) Paragraph 70(2)(b) of the Act is replaced by the following:
- (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
Marginal note:2017, c. 20, s. 89
(3) Paragraph 70(3)(b) of the Act is replaced by the following:
- (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

Marginal note:1999, c. 12, s. 36

80 Subsection 76.04(1) of the Act is replaced by the following:

Marginal note:Separate order or finding

76.04 (1) If a review under section 76.01, 76.02 or 76.03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country.

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

81 The heading of Part I.1 of the Act is replaced by the following:

Dispute Settlement Respecting Goods of a CUSMA Country