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Members of Panels Regulations (SOR/89-70)

Regulations are current to 2024-11-26

Members of Panels Regulations

SOR/89-70

SPECIAL IMPORT MEASURES ACT

Registration 1988-12-30

Regulations Respecting the Candidates for Selection to, and the Members of, Panels Under Chapter Nineteen of the Free Trade Agreement Between Canada and the United States Entered Into Between the Government of Canada and the Government of the United States and Signed on January 2, 1988

P.C. 1988-2937 1988-12-30

Whereas, pursuant to paragraph 1 of Annex 1901.2 and paragraph 1 of Annex 1904.13 to Chapter Nineteen of the free Trade Agreement between Canada and the United States entered into between the Government of Canada and the Government of the United States and signed on January 2, 1988, the Parties to the Agreement have consulted in developing a roster of individuals to serve as members of panels in disputes under that Chapter;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister for International Trade and the Minister of Finance, pursuant to paragraph 77.27(c)Footnote * of the Special Import Measures Act, is pleased hereby to make the annexed Regulations respecting the candidates for selection to, and the members of, panels under Chapter Nineteen of the Free Trade Agreement between Canada and the United States entered into between the Government of Canada and the Government of the United States and signed on January 2, 1988.

Short Title

1 These Regulations may be cited as the Members of Panels Regulations.

Interpretation

2 In these Regulations, panel roster means the roster established by section 3. (liste de candidats pour les groupes spéciaux)

Panel Roster

  • 3 (1) For the purpose of carrying out and giving effect to paragraph 1 of Annex 1901.2 to Chapter 19 of the Free Trade Agreement, the panel roster set out in the schedule is established.

  • (2) The candidates named in the panel roster are selected to be on the roster

    • (a) for a period of three years; and

    • (b) during good behaviour.

Selection of Panel Candidates

  • 4 (1) Subject to subsection (2), where under paragraph 2 or 3 of Annex 1901.2 to Chapter 19 of the Free Trade Agreement a candidate is to be selected to serve as a member of a panel, the candidate shall be selected from the panel roster by a board that

    • (a) is chaired by the Minister; and

    • (b) consists of the Minister of Finance and such other ministers of the Queen’s Privy Council for Canada as may be designated from time to time by the Prime Minister.

  • (2) The board referred to in subsection (1) may select a candidate, other than a candidate listed in the panel roster, to serve as a member of a panel if the candidate is chosen in accordance with and is subject to the criteria set out in paragraph 1 of Annex 1901.2 to Chapter 19 of the Free Trade Agreement.

Appointment of Members of Panels

5 Where a candidate has been selected in accordance with paragraphs 2 or 3 of Annex 1901.2 to Chapter 19 of the Free Trade Agreement to serve as a member of a panel to review a definitive decision, the Minister shall appoint the candidate as a member of the panel.

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