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. 1 (2nd Supp.)Customs Act (continued)
133 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “paragraph 4 of Article 7.5 of CUSMA” in column 2.
134 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “CUSMA” in column 2.
135 Part 5 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Chapters Three and Five”.
136 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “Chapters 4 to 7” in column 2.
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
Marginal note:1997, c. 14, s. 32
137 (1) Paragraph 5(4)(a) of the Commercial Arbitration Act is repealed.
(2) Subsection 5(4) of the Act is amended by adding the following after paragraph (a):
(a.1) a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.D.3 of that Agreement;
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
Amendments to the Act
Marginal note:2018, c. 23, s. 32(1)
138 (1) The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:
- textile and apparel goods
textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)
Marginal note:1993, c. 44, s. 32(3)
(2) Subsection 2(2) of the Act is replaced by the following:
Marginal note:Same meaning
(2) In this Act,
(a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and
(b) CUSMA country means a country that is a party to the Agreement.
Marginal note:2018, c. 23, s. 32(3)
(3) Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.
(4) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.
Marginal note:1993, c. 44, s. 33
139 Section 2.1 of the Act is replaced by the following:
Marginal note:Suspension of certain provisions
2.1 (1) The operation of the provisions referred to in column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:
Column I Column II Provisions in force Provisions suspended section 20.01 section 20.1 section 20.2 section 21 section 21.1 section 22 Marginal note:Canada-United States Free Trade Agreement
(2) The operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.
Marginal note:1994, c. 47, s. 31; 1997, c. 36, s. 193
140 Section 19.01 of the Act is repealed.
Marginal note:1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)(F) and (c)(F)
141 Sections 20 and 20.01 of the Act are replaced by the following:
Marginal note:Definition of principal cause
20 (1) In this section and in section 20.01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Inquiry into injury matters
(2) The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation to
(a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or
(b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada.
Marginal note:Definition of contribute importantly
20.01 (1) In this section, contribute importantly means to be an important cause, but not necessarily the most important cause.
Marginal note:Determination in respect of CUSMA country goods
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine
(a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and
(b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to the serious injury or threat thereof.
Marginal note:Idem
(2.1) In an inquiry under section 30.07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country
(a) whether the quantity of the goods imported from the CUSMA country accounts for a substantial share of total imports of goods of the same kind; and
(b) whether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
Marginal note:Considerations
(3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 10.2 of the Agreement.
Marginal note:1993, c. 44, s. 38
142 (1) Subsection 20.2(1) of the Act is replaced by the following:
Marginal note:Terms of reference
20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.
Marginal note:1993, c. 44, s. 38
(2) Subsections 20.2(3) and (4) of the Act are replaced by the following:
Marginal note:Tabling of report
(3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.
Marginal note:Notice of report
(4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.
Marginal note:1997, c. 36, s. 196(1)
143 Subsections 23(1.01) to (1.03) of the Act are repealed.
Marginal note:2014, c. 14, s. 36
144 Paragraph 25(2)(c) of the Act is replaced by the following:
(c) in the case of a complaint filed under subsection 23(1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.
Marginal note:1997, c. 36, s. 197(1)
145 (1) Subparagraphs 26(1)(a)(i.1) to (i.3) of the Act are repealed.
Marginal note:2001, c. 28, s. 24(2)
(2) Subsection 26(2.1) of the Act is replaced by the following:
Marginal note:Copies to Minister
(2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).
Marginal note:1997, c. 36, s. 198(1)
146 (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
147 (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
148 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
149 In sections 150 and 151, commencement day means the day fixed under subsection 213(1).
Marginal note:Pending proceedings
150 (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
151 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
152 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.
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