Assented to 2020-03-13
An Act to implement the Agreement between Canada, the United States of America and the United Mexican States
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1 This Act may be cited as the Canada–United States–Mexico Agreement Implementation Act.
2 The following definitions apply in this section and sections 3 to 20.
Agreement means the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019. (Accord)
Commission means the Free Trade Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 30 of the Agreement. (Commission)
- federal law
federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)
Minister for the purposes of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 10. (ministre)
- North American Free Trade Agreement
North American Free Trade Agreement means the North American Free Trade Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City, Ottawa and Washington, on December 17, 1992. (Accord de libre-échange nord-américain)
Marginal note:Interpretation consistent with Agreement
3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.
Marginal note:Non-application of Act and Agreement to water
4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Marginal note:Binding on Her Majesty
6 This Act is binding on Her Majesty in right of Canada.
7 The principal purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
(a) replace the North American Free Trade Agreement;
(b) establish a free trade area in accordance with the Agreement;
(c) further support mutually beneficial trade between the parties to the Agreement as well as their economic growth;
(d) preserve and expand regional trade and production by further incentivizing the production and sourcing of goods and materials in the territories of the parties to the Agreement;
(e) establish a clear, transparent, and predictable legal and commercial framework for business planning that supports further expansion of trade and investment, including in the online environment and in creative and innovative sectors;
(f) promote efficient and transparent customs procedures that reduce costs and ensure predictability for importers and exporters;
(g) recognize the right of the parties to the Agreement to regulate, in accordance with the rights and obligations provided for in the Agreement, in order to protect legitimate public welfare objectives;
(h) recognize the right of the parties to the Agreement to adopt or maintain measures with respect to cultural industries in accordance with the rights and obligations provided for in the Agreement;
(i) facilitate trade in goods and services between Canada and the other parties to the Agreement by preventing, identifying, and eliminating unnecessary technical barriers to trade, by enhancing transparency, and by promoting good regulatory practices;
(j) support the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement;
(k) promote high levels of environmental protection through, among other means, the effective enforcement of environmental laws, enhanced environmental cooperation and mutually supportive trade and environmental policies and practices;
(l) promote the protection and enforcement of labour rights and the improvement of working conditions;
(m) promote transparency, good governance and the rule of law, while eliminating bribery and corruption in trade and investment;
(n) recognize the importance of increased engagement by Indigenous peoples in trade and investment; and
(o) facilitate women’s and men’s equal access to and ability to benefit from the opportunities created by the Agreement and support the conditions for women’s full participation in domestic, regional, and international trade and investment.
Causes of Action
Marginal note:Causes of action under sections 9 to 20
8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 20 or an order made under any of those sections.
Marginal note:Causes of action under Agreement
(2) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
(3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Annex 14-C of the Agreement.
PART 1Implementation of Agreement
Approval, Designation of Minister and Representation on Commission
9 The Agreement is approved.
Marginal note:Order designating Minister
10 The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.
Marginal note:Canadian representative on Commission
11 The Minister is the principal representative of Canada on the Commission.
Marginal note:Continuation of Secretariat
12 The Secretariat established under paragraph 1 of Article 2002 of the North American Free Trade Agreement is continued as the Secretariat that is to be established under Article 30.6 of the Agreement.
Marginal note:Continuation of Canadian Section of Secretariat
13 The Canadian Section of the Secretariat that is referred to in section 14 of the North American Free Trade Agreement Implementation Act is continued within the Department of Foreign Affairs, Trade and Development for the purpose of performing the functions set out in paragraph 3 of Article 30.6 of the Agreement.
(2) The Secretary is responsible for fulfilling the Section’s mandate. In doing so, the Secretary is to perform the functions set out in paragraph 3 of Article 30.6 of the Agreement.
Panels and Committees
Marginal note:Powers of Minister
16 The Minister may
(a) appoint a panellist in accordance with paragraphs 2 and 3 of Annex 10-B.1 of the Agreement or Article 31.9 of the Agreement;
(b) appoint a committee member in accordance with paragraph 1 of Annex 10-B.3 of the Agreement;
(c) propose the names of individuals for a roster referred to in Annex 10-B.1 or 10-B.3 of the Agreement or Article 31.8 of the Agreement; and
(d) propose the names of individuals for the lists referred to in Article 31-B.3 of Annex 31-B of the Agreement.
Marginal note:Powers of Minister of Labour
17 The Minister of Labour may act as Canada’s senior governmental representative on the Labour Council referred to in Article 23.14 of the Agreement or may designate that representative.
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