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

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada–United States–Mexico Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this section and sections 3 to 20.

Agreement

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

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

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.

Marginal note:Construction

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.

Her Majesty

Marginal note:Binding on Her Majesty

6 This Act is binding on Her Majesty in right of Canada.

Purpose

Marginal note:Purpose

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.

• Marginal note:Exception

  (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

Marginal note:Approval

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.

Secretariat

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.

Marginal note:Secretary

• 14 (1) There is to be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act.

• Marginal note:Duties

  (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.

Marginal note:Staff

15 Officers and employees who are required for the proper conduct of the work of the Canadian Section of the Secretariat are to be appointed in accordance with the Public Service Employment Act.

Panels and Committees

Marginal note:Powers of Minister — Chapter 10 of Agreement

• 16 (1) The Minister, with the concurrence of the Minister of Finance, may

  • (a) appoint panellists in accordance with paragraphs 2 and 3 of Annex 10-B.1 of the Agreement;

  • (b) appoint a committee member in accordance with paragraph 1 of Annex 10-B.3 of the Agreement; and

  • (c) propose the names of individuals for a roster referred to in Annex 10-B.1 or 10-B.3 of the Agreement.

• Marginal note:Powers of Minister — Chapter 31 of Agreement

  (2) The Minister may

  • (a) appoint panellists in accordance with Article 31.9 of the Agreement;

  • (b) propose the names of individuals for a roster referred to in Article 31.8 of the Agreement; and

  • (c) propose the names of individuals for the lists referred to in Article 31-B.3 of Annex 31-B of the Agreement.

Labour Council

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.

Expenses

Marginal note:Payment of expenditures

18 The Government of Canada is to pay its appropriate share of the aggregate of

• (a) any expenditures incurred by or on behalf of the Commission,

• (b) the general expenses incurred by the committees, working groups and other subsidiary bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other subsidiary bodies,

• (c) the general expenses incurred by the committee referred to in paragraph 1 of Annex 10-B.3 of the Agreement and the remuneration and expenses payable to the members of that committee, and

• (d) the expenses incurred by panels established under the Agreement and the remuneration and expenses payable to the panellists on those panels, and to any experts retained by those panels.

Orders

Marginal note:Article 31.19 of Agreement

• 19 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 31.19 of the Agreement, by order, do any of the following:

  • (a) suspend rights or privileges granted by Canada to another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party;

  • (c) extend the application of any federal law to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; or

  • (d) take any other measure that the Governor in Council considers necessary.

• Marginal note:Period of order

  (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

• Marginal note:Non-application — paragraph (1)(a)

  (3) Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.

• Marginal note:Non-application — paragraph (1)(b)

  (4) Paragraph (1)(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.

Marginal note:Article 31-B.10 of Annex 31-B of Agreement

• 20 (1) On the recommendation of the Minister, the Governor in Council may, for the purpose of imposing remedies in accordance with Article 31-B.10 of Annex 31-B of the Agreement, by order, do any of the following:

  • (a) suspend rights or privileges granted by Canada to another party to the Agreement or to service suppliers or goods of that party under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to service suppliers or goods of that party;

  • (c) extend the application of any federal law to a party to the Agreement other than Canada or to service suppliers or goods of that party; or

  • (d) take any other measure that the Governor in Council considers necessary.

• Marginal note:Consultation

  (2) Before making a recommendation to the Governor in Council, the Minister must consult the Minister of Finance if the proposed remedies include

  • (a) suspending or withdrawing rights or privileges granted by Canada under the Customs Tariff;

  • (b) a measure described in paragraph 53(2)(b) or (d) of that Act; or

  • (c) a measure described in paragraph 53(2)(c) of that Act that is related to a measure referred to in paragraph (a) or (b) of this subsection.

• Marginal note:Period of order

  (3) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

• Marginal note:Retroactive effect

  (4) An order made under subsection (1) may, if it so provides, have retroactive effect.

• Marginal note:Non-application — paragraph (1)(a)

  (5) Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.

• Marginal note:Non-application — paragraph (1)(b)

  (6) Paragraph (1)(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.