(a) the reference to ``0603.10.20'' in Code 0006 with a reference to ``0603.10.29''; and

    (b) the reference to ``8529.90.60'' in Code 1650 with a reference to ``8529.90.61, 8529.90.69''.

R.S., c. E-19

Export and Import Permits Act

57. Section 2 of the Export and Import Permits Act is amended by adding the following in alphabetical order:

``CIFTA''
« ALÉCI »

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

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

``goods imported from Israel or another CIFTA beneficiary'' means goods that are, within the meaning of regulations made under section 58.4 of the Customs Tariff, imported from Israel or another CIFTA beneficiary;

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

``Israel or another CIFTA beneficiary'' has the same meaning as in subsection 2(1) of the Customs Tariff;

1994, c. 47, s. 102

58. The definitions ``contribute importantly'' and ``surge'' in subsection 4.2(1) of the Act are replaced by the following:

``contribute importantly''
« contribuer de manière importante »

``contribute importantly'', in respect of goods imported from a NAFTA country, has the meaning given that expression by Article 805 of NAFTA;

``surge''
« augmenta-
tion subite »

``surge'', in respect of goods imported from a NAFTA country, has the meaning given that word by Article 805 of NAFTA;

1994, c. 47, s. 103(4)

59. (1) Subsections 5(3.1) to (3.3) of the Act are replaced by the following:

Prohibition against further orders

(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) or 59.11(2) of the Customs Tariff unless, following the expiration of the order and any related orders made pursuant to subsection (3.2), (4.01) or (4.8) of this section or subsection 59.1(8) or (11) or 59.11(13) or (20) 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.

Extension order

(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), (4.01) or (4.8) of this section or subsection 59.1(1), (8) or (11) or 59.11(2), (13) or (20) 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

    (a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods, and

    (b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made pursuant to paragraph 40(b) of the Canadian International Trade Tribunal Act,

the Governor in Council may, on the recommendation of the Minister, make an extension order including any of the goods on the Import Control List.

Period and revocation of extension orders

(3.3) Every extension order made pursuant to subsection (3.2) shall, subject to this section, remain in effect for such period as is specified in the order, but the total of the specified period and the periods during which the goods were previously subject to any related orders made pursuant to subsection (3), (3.2), (4.01) or (4.8) of this section or subsection 59.1(1), (8) or (11) or 59.11(2), (13) or (20) of the Customs Tariff shall not exceed eight years.

(2) Section 5 of the Act is amended by adding the following after subsection (4.5):

Exception for goods imported from Israel or another CIFTA beneficiary

(4.6) Notwithstanding subsections (3) and (3.2), no order made under those subsections may apply in respect of goods imported from Israel or another CIFTA beneficiary unless it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that

    (a) the quantity of those goods represents a substantial share of the quantity of goods of the same kind imported into Canada from all countries; and

    (b) the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

Limitation

(4.7) Where the Governor in Council makes an order under subsection (3) or (3.2) in respect of goods imported from Israel or another CIFTA beneficiary or makes an order under subsection (4.8), the Governor in Council shall be guided by subparagraph 5(b) of Article 4.6 of CIFTA.

New order with respect to goods imported from Israel or another CIFTA beneficiary

(4.8) Where an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4.6), apply to goods imported from Israel or another CIFTA beneficiary and it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry under section 30.011 of the Canadian International Trade Tribunal Act, that

    (a) there has been a surge of like goods imported from Israel or another CIFTA beneficiary on or after the coming into force of the order, and

    (b) as a result of the surge, the effectiveness of the order is being undermined,

any goods of the same kind imported into Canada from Israel or another CIFTA beneficiary may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting the importation of those goods into Canada to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).

Order to specify whether it applies to goods imported from Israel or another CIFTA beneficiary

(4.9) An order made under subsection (3) or (3.2) shall state whether it applies to goods imported from Israel or another CIFTA beneficiary.

Addition to Import Control List

(4.91) Where at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the importation into Canada of any goods from Israel or another CIFTA beneficiary

    (a) to which goods an order made under subsection (3) or (3.2) does not apply by virtue of subsection (4.6), or

    (b) for which goods no order was made under subsection 59.11(2) or (13) of the Customs Tariff by virtue of subsection 59.11(5) or (16) of that Act,

the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.

Revocation or amendment of inclusion order

(4.92) Where at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List pursuant to subsection (3), (3.2) or (4.8) should be revoked or amended, the Governor in Council may, on the recommendation of the Minister, by order, revoke the order or amend it.

1994, c. 47, s. 103(5)

(3) Subsection 5(6) of the Act is replaced by the following:

Addition to Import Control List

(6) Where, for the purpose of facilitating the implementation of action taken under sections 42 to 44, paragraph 59(2)(d), section 59.1 or 59.11, paragraph 60(1)(e) or subsection 62(1) or 68(1) of the Customs Tariff, the Governor in Council considers it necessary to control the importation of any goods or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.

(4) Section 5 of the Act is amended by adding the following after subsection (8):

Goods imported from Israel or another CIFTA beneficiary removed from List

(9) Where goods imported from Israel or another CIFTA beneficiary are included on the Import Control List by order of the Governor in Council under subsection (4.8) or (4.91), the goods are deemed to be removed from that List on the earlier of

    (a) the day specified in the order, and

    (b) in the case of an order under subsection (4.8) or under subsection (4.91) in respect of goods referred to in paragraph (4.91)(a), the day on which goods of the same kind imported from any other country that were included on that List by an order made under subsection (3) are removed from that List.

1994, c. 47, s. 108(2)

60. (1) Subsection 8(2) of the Act is replaced by the following:

Import permits

(2) Notwithstanding subsection (1) and any regulation made pursuant to section 12 that is not compatible with the purpose of this subsection, where goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.03), (4.4), (4.91), (5) or (6), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of such regulations made pursuant to section 12 as it is reasonably necessary to comply with or apply in order to achieve that purpose.

(2) Section 8 of the Act is amended by adding the following after subsection (3):

Reference to CIFTA

(4) Where, by virtue of subsection 5(4.6), an order has been made pursuant to subsection 5(3) or (3.2) that applies to goods imported from Israel or another CIFTA beneficiary, or an order has been made pursuant to subsection 5(4.8), the Minister shall, in determining whether to issue a permit under this section in respect of goods imported from Israel or another CIFTA beneficiary, be guided by subparagraph 5(b) of Article 4.6 of CIFTA.

1993, c. 44, s. 153(1)

61. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

Alteration of permits, etc.

(2) Where a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.03), (4.4), (4.91), (5) or (6), 5.1(1), 5.11(1), (2) or (3) or 5.2(1) or (2), and

1993, c. 44, s. 153(2)

(2) Paragraph 10(2)(c) of the Act is replaced by the following:

    (c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.03), (4.4), (4.91), (5) or (6), 5.1(1), 5.11(1), (2) or (3) or 5.2(1) or (2),

PART III

COMING INTO FORCE

Coming into force

62. (1) Subject to this Act, this Act or any of its provisions, or any provision of an Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

Condition

(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the State of Israel has taken satisfactory steps to implement the Agreement.