42-43 ELIZABETH II

CHAPTER 11

An Act to amend the Crown Liability and Proceedings Act

[Assented to 12th May, 1994]

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-50; R.S., cc. 30, 40 (4th Supp.); 1990, c. 8; 1993, cc. 28, 40

1. The Crown Liability and Proceedings Act is amended by adding the following after section 20:

Environmental and Labor Cooperation Agreements

Definitions

20.1 In this section and sections 20.2 to 20.4,

``appropriate Commission''
« commission. .. »

``appropriate Commission'' means

      (a) in respect of a panel determination as defined in Annex 36A of the Environmental Cooperation Agreement, the Commission for Environmental Cooperation established under Article 8 of that Agreement, and

      (b) in respect of a panel determination as defined in Annex 41A of the Labor Cooperation Agreement, the Commission for Labor Cooperation established under Article 8 of that Agreement;

``Environmen tal Cooperation Agreement''
« Accord sur l'environneme nt »

``Environmental Cooperation Agreement'' means the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement;

``Labor Cooperation Agreement''
« Accord sur le travail »

``Labor Cooperation Agreement'' means the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement;

``panel''
« groupe spécial »

``panel'' means an arbitral panel convened under Article 24 of the Environmental Cooperation Agreement or Article 29 of the Labor Cooperation Agreement;

``panel determination ''
« décision... »

``panel determination'' means a panel determination as defined in Annex 36A of the Environmental Cooperation Agreement or Annex 41A of the Labor Cooperation Agreement.

Panel determination may be made an order of the Federal Court

20.2 (1) A panel determination that is addressed to the Crown may, for the purpose of its enforcement only, be made an order of the Federal Court.

Procedure

(2) To make a panel determination an order of the Federal Court, the appropriate Commission shall file a certified copy of the determination in the Registry of that Court and, on filing, the determination becomes an order of that Court.

Enforcement proceedings

20.3 (1) Subject to subsections (2) to (5), a panel determination that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

Idem

(2) Proceedings for enforcement of a panel determination that is made an order of the Federal Court may be taken against the Crown only in that Court and only by the appropriate Commission.

Hearings in summary way

(3) Any proceedings referred to in subsection (2) shall be heard and determined in a summary way.

Reference to panel

(4) If any question of fact or interpretation of a panel determination arises in any proceedings referred to in subsection (2), the Federal Court shall refer the question to the panel that made the determination, and the decision of the panel on the question is binding on that Court.

No interventions

(5) No person or body may intervene in any proceedings referred to in subsection (2).

Determination s, orders and decisions are final

20.4 (1) Panel determinations, including panel determinations that are made orders of the Federal Court, and orders and decisions made by the Federal Court in any proceedings referred to in subsection 20.3(2) are final and binding and are not subject to appeal to any court.

Limitation on proceedings

(2) Subject to section 20.3, no panel determination, including a panel determination that is made an order of the Federal Court, no determination or proceedings of a panel made or carried on or purporting to be made or carried on under the Environmental Cooperation Agreement or the Labor Cooperation Agreement, no order or decision made by the Federal Court in any proceedings referred to in subsection 20.3(2) and no proceedings of that Court made or carried on or purporting to be made or carried on under that subsection shall be

    (a) questioned, reviewed, set aside, removed, prohibited or restrained, or

    (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in nature of injunction, certiorari, prohibition, quo warranto, declaration or otherwise,

on any ground, including the ground that the determination, proceedings, order or decision is beyond the jurisdiction of the panel or the Federal Court, as the case may be, or that, in the course of any proceedings, the panel or the Federal Court for any reason exceeded or lost its jurisdiction.

COMING INTO FORCE

Coming into force

2. This Act shall come into force on a day to be fixed by order of the Governor in Council.