Bill C-4
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42-43 ELIZABETH II |
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CHAPTER 11 |
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An Act to amend the Crown Liability and
Proceedings Act
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[Assented to 12th May, 1994]
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| R.S., c. C-50;
R.S., cc. 30,
40 (4th
Supp.); 1990,
c. 8; 1993, cc.
28, 40
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1. The Crown Liability and Proceedings
Act is amended by adding the following
after section 20:
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Environmental and Labor Cooperation Agreements |
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| Definitions
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20.1 In this section and sections 20.2
to 20.4,
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| ``appropriate
Commission'' « commission. .. »
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``appropriate Commission'' means
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| ``Environmen
tal
Cooperation
Agreement'' « Accord sur l'environneme nt »
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``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;
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| ``Labor
Cooperation
Agreement'' « Accord sur le travail »
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``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;
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| ``panel'' « groupe spécial »
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``panel'' means an arbitral panel convened
under Article 24 of the Environmental
Cooperation Agreement or Article 29 of the
Labor Cooperation Agreement;
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| ``panel
determination
'' « décision... »
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``panel determination'' means a panel
determination as defined in Annex 36A of
the Environmental Cooperation Agreement
or Annex 41A of the Labor Cooperation
Agreement.
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| Panel
determination
may be made
an order of
the Federal
Court
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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.
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| Procedure
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(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.
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| Enforcement
proceedings
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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.
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| Idem
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(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.
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| Hearings in
summary way
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(3) Any proceedings referred to in
subsection (2) shall be heard and determined
in a summary way.
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| Reference to
panel
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(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.
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| No
interventions
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(5) No person or body may intervene in any
proceedings referred to in subsection (2).
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| Determination
s, orders and
decisions are
final
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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.
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| Limitation on
proceedings
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(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
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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.
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COMING INTO FORCE |
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| Coming into
force
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2. This Act shall come into force on a day
to be fixed by order of the Governor in
Council.
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