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Special Safeguard Measures for Agricultural Goods |
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| Surtax order
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60.01 (1) Notwithstanding this Act or any
other Act of Parliament but subject to
subsections (2) to (7), the Governor in
Council may, on the recommendation of the
Minister of Finance, by order, make any
prescribed agricultural goods, as specified in
the order, subject to
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| Conditions for
making order
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(2) Before recommending that the order be
made under subsection (1), the Minister of
Finance must be satisfied, on the basis of a
report of the Minister of Agriculture, that the
conditions set out in Article 5 of the
Agreement on Agriculture in Annex 1A of the
World Trade Organization Agreement for the
imposition of an additional duty on the
prescribed agricultural goods have been met.
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| Non-applicati
on to goods in
transit
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(3) Goods are not subject to a surtax
imposed by an order under subsection (1)
where the Deputy Minister is of the opinion
that, before the coming into force of the order,
a person purchased the goods for importation
in the expectation in good faith that only the
Most-Favoured-Nation Tariff rate of customs
duty applicable to the goods would apply to
them and, at the time of the coming into force
of the order, the goods were in transit to the
purchaser in Canada.
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| Period and
revocation of
order
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(4) An order under subsection (1)
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| Resolution of
Parliament
revoking
order
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(5) Notwithstanding anything in this
section, where a resolution praying that an
order under subsection (1) be revoked is
adopted by both Houses of Parliament, the
order shall cease to have effect on the day that
the resolution is adopted or, if the adopted
resolution specifies a day on which the order
shall cease to have effect, on that specified
day.
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| Notice in
Canada
Gazette
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(6) Where an order under subsection (1)
ceases to have effect by reason of a resolution
of both Houses of Parliament, the Minister of
Finance shall cause a notice to that effect to be
published in the Canada Gazette.
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| Regulations
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(7) The Governor in Council may, on the
recommendation of the Minister of Finance,
make regulations
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| Exemption
from
Statutory
Instruments
Act
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(8) An order under subsection (1) is exempt
from the application of sections 3, 5 and 11 of
the Statutory Instruments Act.
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| Publication
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(9) Every order made pursuant to
subsection (1) shall be published in the
Canada Gazette.
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| 1993, c. 44,
s. 129(1)
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84. Subsection 60.2(4) of the Act is
replaced by the following:
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| Where
emergency
actions taken
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(4) No order shall be made in respect of a
fresh fruit or vegetable pursuant to subsection
(1) during any period in which an order made
pursuant to subsection 59.1(1), (8) or (11),
60(1) or (6.1) or 60.1(1) of this Act or
subsection 5(3), (3.2), (4.01) or (4.2) of the
Export and Import Permits Act in respect of
the same fresh fruit or vegetable that is entitled
to the benefit of the United States Tariff is in
force and any such order made pursuant to
subsection (1) shall not have any force or
effect during any such period.
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| 1993, c. 44,
s. 130
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85. Subsection 60.3(4) of the Act is
replaced by the following:
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| Application of
special
measures
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(4) Any order made pursuant to subsection
59.1(1), (8) or (11) of this Act or subsection
5(3), (3.2) (4.01) or (4.2) of the Export and
Import Permits Act shall have effect in respect
of goods referred to in subsection (2) only
during any period in which the limits specified
under subsection (3) for those goods have not
been exceeded.
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| 1993, c. 44,
s. 132
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86. Paragraph 62(1)(c) of the Act is
replaced by the following:
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| 1988, c. 65,
s. 99
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87. The definition ``customs duties'' in
section 66 of the Act is replaced by the
following:
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| ``customs
duties'' « droits de douane »
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``customs duties'' means the customs duties
imposed under Part I, other than surtaxes
imposed under section 59, 59.1, 60 or
60.01, temporary duties imposed under
section 60.1 or 60.2 or surcharges imposed
under section 61;
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| 1993, c. 44,
s. 135
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88. Section 83.01 of the Act is replaced by
the following:
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| Definition of
``customs
duties''
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83.01 In section 83.02, ``customs duties''
means customs duties imposed under Part I,
other than additional customs duties imposed
under section 20, surtaxes imposed under
section 59, 59.1, 60 or 60.01, temporary duties
imposed under section 60.1, 60.11, 60.2 or
60.4 or surcharges imposed under section 61.
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89. The French version of the Act is
amended by replacing the expression
``marchandises semblables ou directement
concurrentielles'' with the expression
``marchandises similaires ou directement
concurrentes'' in the following provisions:
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90. The French version of the Act is
amended by replacing the word
``préjudice'' with the word ``dommage'' in
the following provisions:
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91. The French version of the Act is
amended by replacing the word
``dommage'' with the word ``préjudice'' in
the following provisions:
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92. Schedules I and II to the Act are
amended in the manner and to the extent
indicated in Schedule I to this Act.
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93. (1) Code 9954 (oleomargarine) of
Schedule VII to the Act is repealed.
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(2) Code 9962 (metallic trading checks) of
Schedule VII to the Act is repealed.
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Transitional Provisions
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| Surtaxes and
Import
Control List
orders
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94. Subsections 59.1(3.1), (3.2), (4.2), (5),
(6) and (8) to (8.4) and section 59.2 of the
Customs Tariff, as enacted by sections 81
and 82 of this Act, apply in respect of
surtaxes imposed and goods included on the
Import Control List by orders made after
those provisions come into force.
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| Amendment
to Schedules
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95. (1) The Governor in Council may, on
the recommendation of the Minister of
Finance, by order, amend any of Schedules
I to VII to the Customs Tariff where the
Governor in Council deems it necessary to
do so as a consequence of the
implementation in Canada of the World
Trade Organization Agreement.
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| Ceases to
have effect
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(2) Subsection (1) ceases to have effect
three years after it comes into force.
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| Definitions
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96. In sections 97 and 98,
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``former version'' means the Customs Tariff
as it read immediately before this section
came into force;
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``present version'' means the Customs Tariff
as amended by this Act.
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| Amendments
to other Acts
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97. (1) The Governor in Council may, on
the recommendation of the Minister of
Finance, by order, amend any Act of
Parliament, other than the Customs Tariff,
by
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| Ceases to
have effect
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(2) Subsection (1) ceases to have effect
three years after it comes into force.
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| Former tariff
items
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98. Where a tariff item or code of the
former version, or any portion of the tariff
item or code, is referred to in any Act of
Parliament or regulation or order made
under it, the reference to that tariff item,
code or portion shall, unless the context
otherwise requires, be construed as a
reference to the tariff item or items, code or
codes, or portion or portions of the present
version enumerating or referring to goods
that correspond most closely to goods
enumerated or referred to in the tariff item,
code or portion of the former version.
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Conditional Amendment
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| Bill C-49
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99. If Bill C-49, introduced in the first
session of the thirty-fifth Parliament and
entitled An Act to amend the Department of
Agriculture Act and to amend or repeal
certain other Acts, is assented to, then
subsection 60.01(2) of the Customs Tariff,
as enacted by section 83 of this Act, is
replaced by the following:
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| Conditions for
making order
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(2) Before recommending that an order be
made under subsection (1), the Minister of
Finance must be satisfied, on the basis of a
report of the Minister of Agriculture and
Agri-Food, that the conditions set out in
Article 5 of the Agreement on Agriculture in
Annex 1A of the World Trade Organization
Agreement for the imposition of an additional
duty on any prescribed agricultural goods
have been met.
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| R.S., c. E-19
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Export and Import Permits Act |
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100. Section 2 of the Export and Import
Permits Act is amended by adding the
following in alphabetical order:
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| ``import
allocation'' « autorisation d'importation »l
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``import allocation'' means an allocation
issued pursuant to subsection 6.2(2);
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| ``World Trade
Organization
Agreement'' « Accord sur l'Organisatio n mondiale du commerce »
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``World Trade Organization Agreement'' has
the same meaning as the word
``Agreement'' in subsection 2(1) of the
World Trade Organization Agreement
Implementation Act.
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101. The Act is amended by adding the
following after section 3:
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| Export
Control List
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3.1 The Governor in Council may establish
a list of goods, to be called an Export Control
List, including therein any article the export of
which the Governor in Council deems it
necessary to control in order to ensure the
orderly export marketing of any goods that are
subject to a limitation imposed by any country
or customs territory on the quantity of the
goods that, on importation into that country or
customs territory in any given period, is
eligible for the benefit provided for goods
imported within that limitation.
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102. The Act is amended by adding the
following after section 4.1:
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| Definitions
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4.2 (1) In section 5,
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| ``contribute
importantly'' « contribuer de manière importante »
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``contribute importantly'' has the meaning
given that expression by Article 805 of
NAFTA;
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| ``serious
injury'' « dommage grave »
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``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;
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| ``surge'' « augmentatio n subite »
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``surge'' has the meaning given that word by
Article 805 of NAFTA;
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| ``threat of
serious
injury'' « menace de dommage grave »
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``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.
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| Application of
definition in
regulations
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(2) Any regulations made under
paragraph 40(b) of the Canadian
International Trade Tribunal Act defining
``like or directly competitive goods'' apply for
the purposes of section 5.
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103. (1) Paragraph 5(1)(a) of the Act is
replaced by the following:
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(2) Paragraph 5(1)(d) of the Act is
replaced by the following:
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(3) Subsection 5(1) of the Act is amended
by striking out the word ``or'' at the end of
paragraph (d), by adding the word ``or'' at
the end of paragraph (e) and by adding the
following after paragraph (e):
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| R.S., c. 47
(4th Supp.),
s. 52 (Sch.,
item 6); 1993,
c. 44,
s. 147(1)
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(4) Subsections 5(3) to (4.04) of the Act
are replaced by the following:
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| Addition to
Import
Control List
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(3) Where at any time it appears to the
satisfaction of the Governor in Council, on a
report of the Minister made pursuant to an
inquiry made by the Canadian International
Trade Tribunal under section 20 or 26 of the
Canadian International Trade Tribunal Act,
that goods of any kind are being imported or
are likely to be imported into Canada at such
prices, in such quantities and under such
conditions as to cause or threaten serious
injury to domestic producers of like or directly
competitive goods, any goods of the same
kind may, by order of the Governor in Council,
be included on the Import Control List, for the
purpose of limiting the importation of such
goods to the extent and, subject to
subsection (7), for the period that in the
opinion of the Governor in Council is
necessary to prevent or remedy the injury.
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| Prohibition
against further
orders
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(3.1) No order may be made pursuant to
subsection (3) with respect to goods that have
already been the subject of an order made
pursuant to that subsection or
subsection 59.1(1) of the Customs Tariff
unless, following the expiration of the order
and any related orders made pursuant to
subsection (3.2) or (4.01) of this Act or
subsection 59.1(8) or (11) of the Customs
Tariff, there has elapsed a period equal to the
greater of two years and the total period during
which the order or orders were in effect.
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| Extension
order
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(3.2) Where at any time before the
expiration of an order made with respect to
any goods pursuant to this subsection or
subsection (3) or (4.01) of this Act or
subsection 59.1(1), (8) or (11) of the Customs
Tariff it appears to the satisfaction of the
Governor in Council, as a result of an inquiry
made by the Canadian International Trade
Tribunal under section 30.07 of the Canadian
International Trade Tribunal Act, that
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