1993, c. 44, s. 98(2)

(2) Subsection 74(1.1) of the Act is replaced by the following:

No request under subsection 60(1)

(1.1) For greater certainty, where the circumstances described in paragraph (1)(c.1) or (c.11) exist, a request for a re-determination of origin may not be made under subsection 60(1) as applied by subsection 57.2(3.1) or (5).

1993, c. 44, s. 98(3)

(3) Subparagraph 74(3)(b)(i) of the Act is replaced by the following:

      (i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (c.2) or (d), two years after the goods are accounted for under subsection 32(1), (3) or (5), and

1993, c. 44, s. 98(4)

(4) Subsections 74(5) and (6) of the Act are replaced by the following:

Effect of denial of refund under paragraph (1)(c.11)

(4.1) A denial of an application for a refund under paragraph (1)(c.11) on the ground that the goods on which the claimant has paid duties are not eligible for preferential tariff treatment under CIFTA because the goods are not eligible for such tariff treatment under the regulations made pursuant to section 13 of the Customs Tariff at the time they are accounted for under subsection 32(1), (3) or (5) of this Act shall, for the purposes of this Act, be treated as if it were a re-determination of origin under subsection 60(3) as applied by subsection 57.2(5).

Effect of denial of refund under paragraph (1)(c.1) or (c.11)

(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1) or (c.11) on the basis that complete or accurate documentation has not been provided or on any ground other than the ground specified in subsection (4) or (4.1), as the case may be, shall not, for the purposes of this Act, be treated as if it were a re-determination of origin under this Act.

Effect of granting of refund under paragraph (1)(c.1) or (c.11)

(6) The granting of a refund under paragraph (1)(c.1) or (c.11) shall, for the purposes of this Act, other than section 66, be treated in the same manner as if it were a re-determination of origin under subsection 60(3) as applied by subsection 57.2(3.1) or (5), as the case may be.

37. The Act is amended by adding the following after section 97.1:

Certificate of Origin of goods exported to Israel or another CIFTA beneficiary

97.11 (1) Every exporter of goods to Israel or another CIFTA beneficiary for which tariff treatment under CIFTA will be claimed in accordance with the applicable laws of Israel or another CIFTA beneficiary shall certify in writing in the prescribed form and containing the prescribed information that goods exported or to be exported from Canada to Israel or another CIFTA beneficiary meet the rules of origin set out in, or contemplated by, CIFTA and, where the exporter is not the producer of the goods, the certificate shall be completed and signed by the exporter on the basis of the prescribed criteria.

Provision of copy of Certificate of Origin

(2) Every exporter of goods who, for the purpose of enabling any person to comply with the applicable laws of Israel or another CIFTA beneficiary relating to customs, completes and signs a certificate in accordance with subsection (1) shall, at the request of an officer, provide the officer with a copy of the certificate.

Notification of correct information

(3) A person who has completed and signed a certificate in accordance with subsection (1) and who has reason to believe that it contains incorrect information shall immediately notify all persons to whom the certificate was given of the correct information.

1993, c. 44, s. 104

38. Subsection 97.2(1) of the Act is replaced by the following:

Exporters' or producers' records

97.2 (1) Every person who exports goods or causes them to be exported for sale or for any industrial, occupational, commercial, institutional or other like use or any other use that may be prescribed, and every other person who has completed and signed a certificate in accordance with subsection 97.01(1) or 97.11(1), shall keep at the place of business in Canada of that person or at such other place in Canada as may be designated by the Minister such records in respect of such goods in such manner and for such period as may be prescribed and shall, where an officer so requests, make them available to the officer and answer truthfully any questions asked by the officer in respect of the records.

1993, c. 44, s. 105

39. Paragraph 153(a.1) of the Act is replaced by the following:

    (a.1) make, or participate in, assent to or acquiesce in the making of, false or deceptive statements in an application for an advance ruling under section 43.1 or a certificate referred to in section 97.01, 97.1 or 97.11;

40. Subsection 164(4) of the Act is amended by adding the following after paragraph (a.02):

    (a.03) implements, in whole or part, a provision of CIFTA;

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

Customs Tariff

1988, c. 65, s. 82(1)

41. (1) The definition ``country'' in subsection 2(1) of the Customs Tariff is replaced by the following:

``country''
« pays »

``country'', unless the context otherwise requires, includes an external territory of a country or other territory prescribed by regulation;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``Canada-
Israel Free Trade Agreement''
« Accord de libre-échange Canada - -
Israël »

``Canada-Israel Free Trade Agreement'' has the same meaning as ``Agreement'' in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act;

``Canada-
Israel Free Trade Agreement Tariff''
« tariff de l'Accord de libre-échange Canada - -
Israël Tariff »

``Canada-Israel Free Trade Agreement Tariff'' means the rates of customs duty established by section 58.1;

``imported from Israel or another CIFTA beneficiary''
« importées d'Israël ou d'un autre bénéficiaire de l'ALÉCI »

``imported from Israel or another CIFTA beneficiary'' has the meaning assigned by regulations made under section 58.4;

``Israel or another CIFTA beneficiary''
« Israël ou autre bénéficiaire de l'ALÉCI »

``Israel or another CIFTA beneficiary'' has the meaning assigned by regulations made under section 58.4;

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

Regulations

(3) The Governor in Council may make regulations prescribing territories for the purposes of the definition ``country'' in subsection (1).

42. Section 7 of the Act is amended by adding the following after subsection (2):

Abbreviation

(3) For the purposes of Schedule I, the abbreviation ``CIFTA'' refers to the ``Canada-Israel Free Trade Agreement Tariff''.

43. Section 12.1 of the Act is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) any arrangement or commitment that extends the benefits of an agreement relating to international trade to which the Government of Canada is a party.

1994, c. 47, s. 78

44. Section 33 of the Act is replaced by the following:

Goods in transit

33. If, before the date on which an order made pursuant to paragraph 23(1)(b), 27(1)(b), 28(1)(b), 36(1)(b) or 38(1)(b), section 49 or 52, paragraph 54(1)(a) or subsection 59(2), 59.1(1), (8) or (11), 59.11(2), (13) or (20), 60(1) or (6.1), 60.1(1), 60.11(2), 60.12(1) or 60.4(1) becomes effective, goods were in transit to Canada, the goods are entitled to the benefit of the tariff treatment that was applicable to those goods before that date if the order specifies that the tariff treatment shall apply to those goods.

45. The Act is amended by adding the following after section 58:

Canada-Israel Free Trade Agreement

Canada-Israel Free Trade Agreement Tariff

Goods of Chapters 1-24, etc.

58.1 (1) Subject to sections 58.2 and 58.3, goods of any of Chapters 1 to 24 and tariff item No. 9828.00.00 that originate in Israel or another CIFTA beneficiary, and goods of tariff item No. 9820.00.00 or 9827.00.00, are entitled to the Canada-Israel Free Trade Agreement Tariff rates of customs duty, if any, set out with respect to those goods in Schedule I.

Goods of Chapters 25-97

(2) Subject to section 58.2, goods of any of Chapters 25 to 97, other than goods of heading No. 35.01 or 35.02 or tariff item No. 6112.41.00, 6112.49.00 or 6211.12.00, that originate in Israel or another CIFTA beneficiary are entitled under Schedule I to the rate of customs duty of free.

Goods of tariff item No. 6112.41.00, 6112.49.00 or 6211.12.00

(3) Subject to section 58.2, goods of tariff item No. 6112.41.00, 6112.49.00 or 6211.12.00 that originate in Israel or another CIFTA beneficiary are entitled under Schedule I to the following rate of customs duty:

    (a) 21.2% on and after January 1, 1997;

    (b) 14.1% on and after July 1, 1997;

    (c) 7.0% on and after July 1, 1998; and

    (d) free on and after July 1, 1999.

No other Acts apply

(4) Notwithstanding any other provision of this Act, or any other Act of Parliament or any regulation or order made thereunder, the benefit of the Canada-Israel Free Trade Agreement Tariff does not apply, either generally or specifically or directly or indirectly, to goods to which the benefit thereof does not specifically extend under this section.

Conditions

58.2 Goods that originate in Israel or another CIFTA beneficiary, other than goods of tariff item No. 9820.00.00 or 9827.00.00, are entitled to the benefit of the Canada-Israel Free Trade Agreement Tariff only if

    (a) proof of origin of the goods is given in accordance with the Customs Act; and

    (b) the goods are entitled, in accordance with any regulations made pursuant to paragraph 13(2)(b), to the benefit of that tariff treatment.

Tariff Rate Quota

Limits on reduction of duty

58.3 The Governor in Council may, on the recommendation of the Minister of Foreign Affairs, by order, specify limits on the aggregate quantity of goods of tariff item No. 0603.10.21 that are entitled to the benefit of the Canada-Israel Free Trade Agreement Tariff, and the limits shall apply during the periods that may be specified in the order.

Regulations

Definitions

58.4 (1) The Governor in Council may make regulations defining the expressions ``Israel or another CIFTA beneficiary'' and ``imported from Israel or another CIFTA beneficiary''.

Incorporation by reference

(2) For greater certainty, a regulation made under subsection (1) incorporating by reference any document or enactment may incorporate it as amended from time to time.

1993, c.44, s. 126

46. The heading before section 59.1 of the Act is replaced by the following:

Global and NAFTA Emergency Measures

1994, c. 47, s. 82

47. Section 59.2 of the Act is replaced by the following:

Global Emergency Measures - Israel or another CIFTA Beneficiary

Sections 59.1 and 60 not applicable to CIFTA

59.11 (1) Sections 59.1 and 60 do not apply in respect of goods that are imported from Israel or another CIFTA beneficiary.

Surtax under certain conditions

(2) Subject to subsection (5), where at any time it appears to the satisfaction of the Governor in Council, as a result of

    (a) a report of the Minister of Finance, or

    (b) 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 imported from Israel or another CIFTA beneficiary are being imported into Canada under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister of Finance, by order, make any such goods, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax

    (c) at a rate specified in the order, or

    (d) at a rate specified in the order that varies from time to time as the quantity of such goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order,

but no such rate shall, at the maximum, exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy serious injury.

Minister's report

(3) No report of the Minister of Finance may be made under paragraph (2)(a) unless

    (a) there are, in the opinion of that Minister, critical circumstances; or

    (b) the report relates to perishable agricultural goods.

Exception for certain agricultural goods in certain cases

(4) No order may be made under subsection (2), as a result of a report of the Minister of Finance, with respect to any prescribed agricultural goods that may be subject to a surtax under section 60.01.

Limitation

(5) An order under subsection (2) may not be made in respect of goods imported from Israel or another CIFTA beneficiary unless it appears to the satisfaction of the Governor in Council

    (a) pursuant to a report under section 20 or 29 of the Canadian International Trade Tribunal Act, or

    (b) on the basis of a report of the Minister of Finance,

that the quantity of such goods

    (c) represents a substantial share of total imports of goods of the same kind, and

    (d) contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

Prohibition against further orders

(6) Subject to subsection (7), no order may be made pursuant to subsection (2) with respect to goods that have already been the subject of an order made pursuant to that subsection or subsection 5(3) of the Export and Import Permits Act unless, following the expiration of the order and any related orders made pursuant to subsection (20) of this section or subsection 5(3.2) or (4.8) of the Export and Import Permits Act, 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.

Exception

(7) Where the previous order made pursuant to subsection (2) was effective with respect to any goods for a period of one hundred and eighty days or less, a further order may be made pursuant to that subsection with respect to the goods if

    (a) at least one year has elapsed since the previous order took effect; and

    (b) not more than two orders have been made with respect to the goods pursuant to subsection (2) within the period of five years before the further order takes effect.

Period and revocation

(8) Every order made pursuant to subsection (2)

    (a) shall, subject to this section, remain in effect for such period, not exceeding four years, as is specified in the order; and

    (b) may, notwithstanding any other provision of this section, be amended or revoked at any time by the Governor in Council on the recommendation of the Minister of Finance, unless, before that time, a resolution praying that the order be revoked has been adopted by both Houses of Parliament pursuant to subsection (18).

Inquiry

(9) Where an order is made under subsection (2) on the basis of a report of the Minister of Finance, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribunal for an inquiry under paragraph 20(a) of the Canadian International Trade Tribunal Act.