IMPORTATION OF COPIES, FIXATIONS AND REPRODUCTIONS

66. The Act is amended by adding the following after section 44.1:

Performer's performances

44.2 Section 44.1 applies, with such modifications as the circumstances require, in respect of a performer's performance, where a fixation of the performer's performance, or a reproduction of such a fixation,

    (a) is about to be imported into Canada, or has been imported into Canada but has not yet been released;

    (b) was made without the consent of the performer; and

    (c) to the knowledge of the importer, would have infringed the performer's right if it had been made in Canada by the importer.

R.S., c. 41 (3rd Supp.), s. 117

67. (1) Subsection 45(1) of the Act is replaced by the following:

No importation where right to reproduce in Canada granted

45. (1) Where the owner of the copyright has by licence or otherwise granted the right to reproduce any book in Canada, it shall not be lawful except as provided in subsections (3) and (4) to import into Canada copies of the book, and the copies shall be deemed to be included in Schedule VII to the Customs Tariff, and that Schedule applies accordingly.

1993, c. 44, s. 67(1)

(2) Paragraph 45(3)(a) of the Act is replaced by the following:

    (a) to import for the person's own use not more than two copies of any work published in a treaty country;

1993, c. 44, s. 67(2)

(3) Paragraph 45(3)(d) of the Act is replaced by the following:

    (d) to import any book lawfully printed in a treaty country and published for circulation among, and sale to, the public within that country.

1993, c. 44, s. 67(3)

(4) Subsection 45(5) of the Act is replaced by the following:

Application of provisions regarding importation

(5) This section does not apply to any work the author of which is a subject or citizen of a treaty country other than Canada.

68. The Act is amended by adding the following after section 70.7:

COMPENSATION FOR RESTORATION OF COPYRIGHT OR PERFORMER'S RIGHT

Board may determine compensation

70.8 (1) Subject to subsection (2), for the purposes of subsections 28.03(2) and 29(2), the Board may, on application by any of the parties referred to in one of those provisions, determine the amount of the compensation referred to in that provision that the Board considers reasonable, having regard to all the circumstances, including any judgment of a court in an action between the parties for enforcement of a right mentioned in subsection 28.03(3).

Limitation

(2) The Board shall not proceed with an application under subsection (1)

    (a) where a notice is filed with the Board that an agreement touching the matters in issue has been reached; or

    (b) where a court action between the parties for enforcement of a right mentioned in subsection 28.03(3) has been commenced but not finally concluded.

Interim orders

(3) Where the Board proceeds with an application under subsection (1), it may, for the purpose of avoiding serious prejudice to any party, make an interim order requiring a party to refrain from doing any act described in the order until the determination of compensation is made under subsection (1).

69. The French version of the Act is amended by replacing the expression ``pays partie à la Convention'' with the expression ``pays partie à la Convention de Berne'' in the following provisions:

    (a) subsection 10(2); and

    (b) section 11.

R.S., c. 1 (2nd Supp.) [c. C-52.6]

Customs Act

1992, c. 28, s. 7(1)

70. Subsection 33.4(6) of the Customs Act is replaced by the following:

Interest on tax

(6) Any person who is liable to pay tax under Division III of Part IX of the Excise Tax Act in respect of an amount of duty levied under subsection 11(1) or paragraph 60(1)(a) of the Special Import Measures Act shall pay, in addition to that tax, interest at the prescribed rate in respect of each month or fraction of a month in the period beginning thirty days after the day the tax became payable and ending on the day the tax has been paid in full, calculated on the outstanding balance of the tax.

71. (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following:

Transaction value as primary basis of appraisal

48. (1) Subject to subsections (6) and (7), the value for duty of goods is the transaction value of the goods if the goods are sold for export to Canada and the price paid or payable for the goods can be determined and if

(2) Section 48 of the Act is amended by adding the following after subsection (6):

Where information inaccurate

(7) Where an officer who is appraising the value for duty of goods believes on reasonable grounds that the information submitted in support of the transaction value of the goods as determined under subsection (4) is inaccurate, the officer shall determine, in accordance with the prescribed procedure, that the value for duty of the goods shall not be appraised under this section.

72. Subsection 164(4) of the Act is amended by adding the following after paragraph (a.01):

    (a.02) implements, in whole or in part, a provision of the Agreement as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;

R.S., c. 41 (3rd Supp.) [c. C-54.01]

Customs Tariff

73. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:

``serious injury''
« dommage grave »

``serious injury'' means, in relation to domestic producers of like or directly competitive goods, a significant overall impairment in the position of the domestic producers;

``threat of serious injury''
« menace de dommage grave »

``threat of serious injury'' means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent;

``World Trade Organization Agreement''
« Accord sur l'Organisatio n mondiale du commerce »

``World Trade Organization Agreement'' has the meaning given to the word ``Agreement'' in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

74. Section 10 of the Act is renumbered as subsection 10(1) and is amended by adding the following:

Classification of ``within access commitment'' goods

(2) Goods shall only be classified under a tariff item determined as provided in subsection (1) that contains the phrase ``within access commitment'' where the importer of the goods holds a permit issued pursuant to subsection 8.3(1), (2) or (3) of the Export and Import Permits Act and has complied with the terms and conditions of the permit.

1988, c. 65, s. 84

75. (1) Paragraph 13(2)(a) of the Act is replaced by the following:

    (a) deeming goods, the whole or a portion of which is produced outside a country, to originate in that country for the purposes of this Act or any other Act, subject to such conditions, if any, as are specified in the regulations;

    (a.1) for determining when goods originate in any country for the purposes of this Act or any other Act; and

(2) Section 13 of the Act is amended by adding the following after subsection (2):

Application of rules of origin regulations

(2.1) For the purpose of implementing the Agreement on Rules of Origin in Annex 1A of the World Trade Organization Agreement, regulations made under subsection (2) may, if they so provide, apply respecting the origin of goods for the purposes of any other Act and prevail over any other regulations to the extent of any inconsistency.

Agreement

(2.2) For the purposes of subsection (2.1), the Agreement on Rules of Origin includes any annex added to it pursuant to Article 9 of that Agreement.

1989, c. 18, s. 2(2)

76. Subsection 21(4) of the Act is replaced by the following:

Where there is no rate

(4) The symbol ``N/A'', where it appears in the column ``Most-Favoured-Nation Tariff'', ``General Preferential Tariff'' or ``United States Tariff'' of a tariff item in Schedule I or in the column ``Most-Favoured-Nation Tariff'', ``MFN Staging Category'' or ``General Preferential Tariff'' of a code in Schedule II, indicates that there is no Most-Favoured-Nation Tariff, General Preferential Tariff or United States Tariff rate of customs duty, as the case may be, for that tariff item or code.

77. Section 22 of the Act is replaced by the following:

Application of tariff

22. (1) Subject to this section and sections 23 and 24, goods that originate in a country listed in Schedule III as a beneficiary of the Most-Favoured-Nation Tariff are entitled to the rates of customs duty set out with respect to those goods in the Most-Favoured-Nation Tariff in Schedule I.

Staging for MFN Tariff

(2) Where ``E'', ``F'', ``G'', ``H'' or ``I'' appears in the column ``MFN Staging Category'' of Schedule I in relation to goods enumerated or referred to in it that originate in a country listed in Schedule III, the goods are entitled to the base rate of duty set out with respect to those goods in the Most-Favoured-Nation Tariff, but the rate of customs duty to which they are entitled shall be reduced in stages to the final rate set out with respect to those goods in that Tariff as follows:

    (a) where ``E'' appears, the rate of customs duty that applies to those goods is, effective on the coming into force of this subsection, the final rate;

    (b) where ``F'' appears, the rate of customs duty that applies to those goods is reduced

      (i) effective on the coming into force of this subsection, by one fifth of the difference between the base rate and the final rate,

      (ii) effective on January 1, 1996, by two fifths of the difference between the base rate and the final rate,

      (iii) effective on January 1, 1997, by three fifths of the difference between the base rate and the final rate,

      (iv) effective on January 1, 1998, by four fifths of the difference between the base rate and the final rate, and

      (v) effective on January 1, 1999, to the final rate;

    (c) where ``G'' appears, the rate of customs duty that applies to those goods is reduced

      (i) effective on the coming into force of this subsection, by one sixth of the difference between the base rate and the final rate,

      (ii) effective on January 1, 1996, by two sixths of the difference between the base rate and the final rate,

      (iii) effective on January 1, 1997, by three sixths of the difference between the base rate and the final rate,

      (iv) effective on January 1, 1998, by four sixths of the difference between the base rate and the final rate,

      (v) effective on January 1, 1999, by five sixths of the difference between the base rate and the final rate, and

      (vi) effective on January 1, 2000, to the final rate;

    (d) where ``H'' appears, the rate of customs duty that applies to those goods is reduced

      (i) effective on the coming into force of this subsection, by one eighth of the difference between the base rate and the final rate,

      (ii) effective on January 1, 1996, by two eighths of the difference between the base rate and the final rate,

      (iii) effective on January 1, 1997, by three eighths of the difference between the base rate and the final rate,

      (iv) effective on January 1, 1998, by four eighths of the difference between the base rate and the final rate,

      (v) effective on January 1, 1999, by five eighths of the difference between the base rate and the final rate,

      (vi) effective on January 1, 2000, by six eighths of the difference between the base rate and the final rate,

      (vii) effective on January 1, 2001, by seven eighths of the difference between the base rate and the final rate, and

      (viii) effective on January 1, 2002, to the final rate; and

    (e) where ``I'' appears, the rate of customs duty that applies to those goods is reduced

      (i) effective on the coming into force of this subsection, by one tenth of the difference between the base rate and the final rate,

      (ii) effective on January 1, 1996, by two tenths of the difference between the base rate and the final rate,

      (iii) effective on January 1, 1997, by three tenths of the difference between the base rate and the final rate,

      (iv) effective on January 1, 1998, by four tenths of the difference between the base rate and the final rate,

      (v) effective on January 1, 1999, by five tenths of the difference between the base rate and the final rate,

      (vi) effective on January 1, 2000, by six tenths of the difference between the base rate and the final rate,

      (vii) effective on January 1, 2001, by seven tenths of the difference between the base rate and the final rate,

      (viii) effective on January 1, 2002, by eight tenths of the difference between the base rate and the final rate,

      (ix) effective on January 1, 2003, by nine tenths of the difference between the base rate and the final rate, and

      (x) effective on January 1, 2004, to the final rate.

Staging provided in MFN Tariff

(3) Where ``J'' appears in the column ``MFN Staging Category'' of Schedule I in relation to goods enumerated or referred to in it that originate in a country listed in Schedule III, the goods are entitled to the base rate of customs duty set out with respect to those goods in the Most-Favoured-Nation Tariff, unless that Tariff provides for the reduction of the rate of customs duty, in which case the reduced rates shall apply as provided.

No staging

(4) Where ``K'' appears in the column ``MFN Staging Category'' of Schedule I in relation to goods enumerated or referred to in it that originate in a country listed in Schedule III, the rate of customs duty set out with respect to those goods in the Most-Favoured-Nation Tariff is not subject to reduction.

Rounding percentage rates

(5) Where a percentage rate of customs duty for any goods that results from the application of subsection (2) or (3) contains a fraction of one per cent, the resulting percentage rate shall be rounded to the nearest one-tenth of one per cent and, if the resulting percentage rate is equidistant from two one-tenths of one per cent, to the higher of them.

Rounding specific rates

(6) Where a specific rate of customs duty for any goods that results from the application of subsection (2) or (3) contains a fraction of one cent and the final rate of customs duty set out with respect to the goods in the Most-Favoured-Nation Tariff

    (a) is or contains a specific rate, the resulting specific rate shall be rounded