Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Agreement between Canada, the United States of America and the United Mexican States”.

This enactment implements the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to that Agreement, done at Mexico City on December 10, 2019.

The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 20 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.

Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement.

Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement.

Part 3 contains the coming into force provisions.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Records retained outside Canada

(3.‍1) Where a member institution that is authorized to do so under the by-laws retains at a place outside Canada records referred to in the policy of deposit insurance, including for the purpose of any examination by or on behalf of the Corporation, the Corporation may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), direct the institution to maintain a copy of those records in Canada:

• (a) if the Corporation is of the opinion that it does not have immediate, direct, complete and ongoing access to those records; or

• (b) if the Corporation is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the institution not to maintain a copy of those records in Canada.

By-laws

(3.‍2) The Board may make by-laws respecting:

• (a) what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph (3.‍1)‍(a); and

• (b) the time within and manner in which a member institution is required to comply with a direction under subsection (3.‍1).

• (c.‍1) the agreement contains one of the following undertakings by the foreign state:

  • (i) that any record or thing provided by Canada will be used only for the purpose for which it was requested, or

  • (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters;

• (d) the agreement also contains the following undertakings by the foreign state, namely,

• (v) subject to paragraph (c.‍1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)

Anonymous and pseudonymous works

6.‍1 (1) Except as provided in section 6.‍2 and in subsection (2), where the identity of the author of a work is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.

Identity of author commonly known

(2) Where, during any term referred to in subsection (1), the author’s identity becomes commonly known, the term provided in section 6 applies.

Anonymous and pseudonymous works of joint authorship

6.‍2 (1) Except as provided in subsection (2), where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made.

Identity of author commonly known

(2) Where, during any term referred to in subsection (1), the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 50 years following the end of that calendar year.

Nationals of other countries

(2) Authors who are nationals of any country, other than a country that is a party to the Canada–United States–Mexico Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada.

Cinematographic works

11.‍1 Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist until the end of 70 years following the end of the calendar year in which the cinematographic work or the compilation is made. However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the cinematographic work or the compilation was made.

Exception

(4) If so requested by a country that is a party to the Canada–United States–Mexico Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to that Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3).

• (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and

• (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.

Term of copyright — sound recording

(1.‍1) Subject to this Act, copyright in a sound recording subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.

Offence — infringement related to rights management information

(3.‍2) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposes

• (a) removes or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19; or

• (b) does any of the acts referred to in paragraphs 41.‍22(3)‍(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the consent of the owner of the copyright and knows that

  • (i) the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and

  • (ii) the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19.

Punishment

(3.‍3) Every person who commits an offence under subsection (3.‍2) is liable

• (a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or

• (b) on summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both.

Definition of rights management information

(3.‍4) In subsection (3.‍2), rights management information has the same meaning as in subsection 41.‍22(4).

Exception

(2) Subsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use.

• (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;

• (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in section 20;

• (a) proceedings in relation to an offence under subsection 7(2.‍01), (2.‍3) or (2.‍31) or section 57, 58, 83.‍12, 103, 104, 121.‍1, 380, 382, 382.‍1, 391, 400, 424.‍1, 431.‍1, 467.‍11 or 467.‍111 or in relation to any terrorism offence;

• (lxx.‍01) section 391 (trade secret),

Trade secret

391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

Trade secret — prior knowledge

(2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).

Punishment

(3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty

• (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or

• (b) of an offence punishable on summary conviction.

For greater certainty

(4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.

Definition of trade secret

(5) For the purpose of this section, trade secret means any information that

• (a) is not generally known in the trade or business that uses or may use that information;

• (b) has economic value from not being generally known; and

• (c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

• (x.‍1) section 391 (trade secret);

• (a) a CUSMA country,

CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (ACEUM)

CUSMA country means a country that is a party to CUSMA.‍ (pays ACEUM)

contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)

surge, in respect of goods imported from

• (a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and

• (b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)

• (b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

Definition of originating goods

6.‍1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.

When Minister may take measures

(2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out

Factors to be considered

(3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.‍1 of CCRFTA, as the case may be.

Determination of quantities — export

(1.‍1) If any goods, other than softwood lumber products to which section 6.‍3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)‍(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.‍1) or section 8.‍31.

Export charges on certain dairy products — CUSMA

(5) The Minister may impose and collect export charges in accordance with Article 3.‍A.‍3 of CUSMA.

Goods imported from free trade partner

(3) If an order has been made under subsection 5(3) or (3.‍2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.‍1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by

• (a) Article 10.‍2 of CUSMA;

• (b) subparagraph 5(b) of Article F-02 of CCFTA; or

• (c) subparagraph 5(b) of Article 4.‍6 of CIFTA.

• (c.‍01) respecting export charges referred to in subsection 6.‍2(5);

Regulations — international agreements

(2) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions:

• (a) Article 20.‍45 of the Canada–United States–Mexico Agreement;

• (b) paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; or

• (c) Article 18.‍47 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement.

Definitions

(3) The following definitions apply in subsection (2).

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (Accord Canada–États-Unis–Mexique)

Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act.‍ (Accord de partenariat transpacifique global et progressiste)

WTO Agreement has the meaning assigned by the definitionAgreementin subsection 2(1) of the World Trade Organization Agreement Implementation Act.‍ (Accord sur l’OMC)

Exemption for RCMP and security services

(2) Divisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

Samples

14 No person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations.

• (n) respecting the distribution or the conditions of distribution of drugs as samples;

Regulations — Canada–United States–Mexico Agreement and WTO Agreement

(3) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.‍48 and 20.‍49 of the Canada–United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)

Définitions et interprétation

eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)

western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest)

imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)

Contaminated grain

2.‍1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either

• (a) adulterated for the purposes of the Food and Drugs Act; or

• (b) contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.

• (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;

Export Certificates

Export certificates

15.‍1 The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain.

• (a) if the grain was grown in Canada or the United States,

• (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,

  • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

  • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.

Seeds Act and Pest Control Products Act

58.‍1 No operator of a licensed elevator is required to receive into the elevator any grain that

• (a) is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or

• (b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product.

Procedure on receipt of grain

61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

Dispute

(2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall

• (a) take a sample of the grain in the prescribed manner;

• (b) deal with the sample in the prescribed manner; and

• (c) issue an interim elevator receipt in the prescribed form.

Commission’s report

(3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.

Declaration Respecting Grain

83.‍1 Every licensee and every person who sells grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person.

83.‍2 The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.‍1, including regulations prescribing

• (a) its form and content;

• (b) when it is to be made and provided; and

• (c) the persons to whom it is to be provided.

83.‍3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.‍1.

PART V 

Carriage of Grain

General

84 Except in accordance with terms and conditions prescribed under section 84.‍1 or with an order made under section 84.‍2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada.

84.‍1 The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84.

84.‍2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made.

• (c.‍1) prescribing circumstances in which an inspector, under paragraph 32(1)‍(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it;

• (h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator;

Incorporation by reference — Commission

118.‍1 (1) A regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

Accessibility

(2) The Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible.

Defence

(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

No registration or publication

(4) For greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

CUSMA country means a country that is a party to the Agreement as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (pays ACEUM)

• (c) the importation of bulk spirits into a province from a CUSMA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

  • (i) are entitled to the United States Tariff or the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and

Canadian Secretary means

• (a) when Part I.‍1 is in force, the Secretary referred to in section 14 of the Canada–United States–Mexico Agreement Implementation Act, and

• (b) when Part II is in force, the Secretary appointed under subsection 77.‍24(1); (secrétaire canadien)

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)

CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM)

government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM)

Duty ceases where order or finding rescinded pursuant to review

9.‍01 (1) Where a review is requested under Part I.‍1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case

Duty ceases if investigation terminated after review

9.‍21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.‍1 of the final determination of the President under paragraph 41(1)‍(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)‍(a), in which case

Separate order or finding

(1.‍01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:

• (a) goods of more than one CUSMA country; or

• (b) goods of one or more CUSMA countries and goods of one or more other countries.

•  

  (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

• (b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.

•  

  (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and

• (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

Notice of re-determination

(3.‍1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.‍1, to the Canadian Secretary.

Presumption

(3.‍2) A notice sent to the government of a CUSMA country pursuant to subsection (3.‍1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.

• (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods.

• (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods.

• (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods.

Separate order or finding

76.‍04 (1) If a review under section 76.‍01, 76.‍02 or 76.‍03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country.

Dispute Settlement Respecting Goods of a CUSMA Country

rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles)

secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.‍6 de l’Accord Canada–États-Unis–Mexique.‍ (CUSMA country Secretary)

definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods:

CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.‍6 of the Canada–United States–Mexico Agreement; (secrétaire national)

Request for review of definitive decision

77.‍011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.

Idem

(2) Any person who, but for section 77.‍012, would be entitled to apply under the Federal Courts Act or section 96.‍1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

Deeming

(3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement.

Limitation period

(4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country.

Notification of request for review

(6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.

• (ii) in the case of a re-determination of the President under subsection 59(1), (1.‍1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and

• (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

Demandes et appels

77.‍012 (1) Nul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.‍1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.‍1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.

Limitation period extended

(2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.‍1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.‍1(2) of the Federal Courts Act and subsection 96.‍1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

Appointment of panel

77.‍013 (1) On a request under section 77.‍011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.‍1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

Single panel

(3) If a request is made for the review of a final determination of the President under paragraph 41(1)‍(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.

Conduct of review

77.‍015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules.

Decision

(5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.

Request for extraordinary challenge proceeding

77.‍017 (1) Within the period after a panel makes an order under subsection 77.‍015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.

Ground for request

(2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.‍12 of the Canada–United States–Mexico Agreement.

Notification of request for extraordinary challenge proceeding

(3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.

Appointment of extraordinary challenge committee

77.‍018 On a request under section 77.‍017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.‍3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

Conduct of extraordinary challenge proceeding

77.‍019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.‍3 of the Canada–United States–Mexico Agreement and the rules.

Decision

(6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.

Code of conduct

77.‍021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.‍17 of the Canada–United States–Mexico Agreement.

Remuneration and expenses of panel members

77.‍022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.‍1 of the Canada–United States–Mexico Agreement.

Request for review

77.‍023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement.

Appointment of special committee

(2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.‍3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

Stay of panel reviews and committee proceedings

77.‍024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement:

• (a) panel reviews under section 77.‍011; and

• (b) committee proceedings under section 77.‍017.

Stay on request

77.‍025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings:

• (a) panel reviews under section 77.‍011; and

• (b) committee proceedings under section 77.‍017.

Suspension of time periods

77.‍027 Where a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.‍033:

• (a) the time periods provided for in subsection 77.‍011(4) for requesting a panel review and in subsection 77.‍017(1) for requesting committee proceedings in respect of goods of that CUSMA country; and

• (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.‍1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.‍01(1) in respect of goods of that CUSMA country.

Suspension of panel process

77.‍028 (1) The Minister may suspend the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country

• (a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.‍13 of the Canada–United States–Mexico Agreement; and

• (b) at any time where the government of the CUSMA country has suspended the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.

Notice of suspension

(2) Where the Minister suspends the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette.

Suspension of benefits

77.‍029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.‍13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.

Powers

(2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

• (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament;

Action consistent with determination

(6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.‍13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination.

Only one section applies

77.‍03 Where the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement is suspended under section 77.‍028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.‍13 of that Agreement may not be suspended under section 77.‍029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.‍13 of that Agreement are suspended under section 77.‍029 in respect of a CUSMA country, the operation of Article 10.‍12 of that Agreement may not be suspended under section 77.‍028 in respect of that CUSMA country.

Referral to Federal Court of Appeal

77.‍031 (1) Where the Minister suspends the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement under paragraph 77.‍028(1)‍(a) and

• (a) where any panel review is stayed under subsection 77.‍024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act; or

• (b) where any committee proceeding is stayed under subsection 77.‍024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act.

Idem

(2) Where the government of a CUSMA country suspends the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.‍13 of that Agreement and

• (a) where any panel review is stayed under section 77.‍025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act; or

• (b) where any committee proceeding is stayed under section 77.‍025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act.

Idem

(3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.‍12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.‍032.

Termination of suspension

77.‍032 The Minister shall terminate any suspension effected under subsection 77.‍028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.‍13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

Resumption

77.‍033 All panel reviews and committee proceedings stayed under subsection 77.‍024(1) or section 77.‍025 and any running of the time periods suspended under section 77.‍027 shall resume

• (a) where the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.‍028(1)‍(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or

• (b) where benefits are suspended under section 77.‍029.

•  

  (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement.

• (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;

• (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.‍1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.‍3 of that Agreement: and

Publication in Canada Gazette

77.‍036 The rules, the code of conduct established pursuant to Article 10.‍17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

Application

77.‍037 If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country:

• (a) a provision of an Act to amend this Act;

• (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or

• (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.

Information to be disclosed

83.‍1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.

No references

96.‍11 (1) Subsection 18.‍3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country.

Request for review of final determination

96.‍21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law.

Idem

(2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.

Deeming

(3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement.

Limitation period

(4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister.

Definition of final determination

(5) In this section, final determination means a final determination as defined in Article 10.‍8 of the Canada–United States–Mexico Agreement.

• (g.‍11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.‍011(2);

• (g.‍21) defining the expression goods of a CUSMA country for the purpose of this Act;

• (g.‍22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

Deemed infringement under paragraph (1)‍(b)

(1.‍01) An infringement under paragraph (1)‍(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trademark imports goods on a commercial scale that bear a trademark that is identical to, or cannot be distinguished in its essential aspects from, the trademark registered for such goods.

Customs transit or transhipment control

(2.‍4) For the purposes of subsections (1), (2.‍1) and (2.‍2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release.

• (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement;

Authority to purchase cultural business

(2) Notwithstanding section 90 of the Financial Administration Act, where a CUSMA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.‍1(6), that has been acquired in the manner described in subparagraph 28(1)‍(d)‍(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired.

Designation of agent

(3) For the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the Agreement under Article 32.‍6 of the Agreement, as the Governor in Council considers appropriate.

Definitions

(4) The following definitions apply in this section.

Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (Accord)

controlled by a CUSMA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2),

• (a) the ultimate direct or indirect control in fact of the Canadian business by a CUSMA investor through the ownership of voting interests; or

• (b) the ownership by a CUSMA investor of all or substantially all of the assets used in carrying on the Canadian business.‍ (sous le contrôle d’un investisseur ACEUM)

CUSMA country means a country that is a party to the Agreement.‍ (pays ACEUM)

CUSMA investor means

• (a) an individual, other than a Canadian, who is a national as defined in Article 1.‍5 of the Agreement;

• (b) a government of a CUSMA country, whether federal, state or local, or an agency thereof;

• (c) an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a CUSMA investor-controlled entity, as determined in accordance with subsection (5);

• (d) a corporation or limited partnership

  • (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1),

  • (ii) that is not a CUSMA investor within the meaning of paragraph (c),

  • (iii) of which less than a majority of its voting interests are owned by CUSMA investors,

  • (iv) that is not controlled in fact through the ownership of its voting interests, and

  • (v) of which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and CUSMA investors;

• (e) a trust

  • (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2),

  • (ii) that is not a CUSMA investor within the meaning of paragraph (c),

  • (iii) that is not controlled in fact through the ownership of its voting interests, and

  • (iv) of which two thirds of its trustees are any combination of Canadians and CUSMA investors; or

• (f) any other form of business organization specified by the regulations that is controlled by a CUSMA investor.‍ (investisseur ACEUM)

Interpretation

(5) For the purposes only of determining whether an entity is a CUSMA investor-controlled entity under paragraph (c) of the definition CUSMA investor in subsection (4),

• (a) subsections 26(1) and (2) and section 27 apply and, for that purpose,

  • (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “CUSMA investor” or “CUSMA investors”, respectively,

  • (ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a CUSMA investor,” or “non-Canadians, other than CUSMA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)‍(ii), which shall be read and construed as a reference to “not CUSMA investors”,

  • (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “CUSMA investor-controlled”, and

  • (iv) the reference in subparagraph 27(d)‍(i) to “Canada” shall be read and construed as a reference to “a CUSMA country”; and

• (b) where two persons, one being a Canadian and the other being a CUSMA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be CUSMA investor-controlled.

CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)

CUSMA country means a country that is a party to CUSMA; (pays ACEUM)

Who furnishes

(3) Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished in accordance with subsection (1) by the importer or owner of the goods.

Certificate of origin completed by importer

(3.‍1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.

Regulations

(4) The Governor in Council, on the recommendation of the Minister, may make regulations

Origin of Goods, Duty Relief and Drawback

• (c) enter any prescribed premises or place at any reasonable time to verify the amount, if any, of

  • (i) a relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a CUSMA country, or

  • (ii) a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country.

Definition of customs administration

42.‍3 (1) In this section, customs administration has the meaning assigned to that expression by Article E-14 of CCFTA, Article V.‍14 of CCRFTA or Article 5.‍1 of CHFTA, as the case may be.

Effective date of redetermination or further redetermination of origin of goods

(2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that

• (a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and

• (b) that tariff classification or value differs from the tariff classification or value applied to those materials by the country — Chile, Costa Rica or Honduras — from which the goods were exported.

Limitation

(3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the country — Chile, Costa Rica or Honduras — from which the goods were exported, has, before that date,

• (a) given an advance ruling under Article E-09 of CCFTA, Article V.‍9 of CCRFTA, paragraph 1 of Article 5.‍10 or paragraph 11 of Article 6.‍2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.‍6 of CCRFTA, or paragraph 15 of Article 5.‍7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or

• (b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into Chile, Costa Rica or Honduras.

Postponement of effective date

(4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding 90 days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the country — Chile, Costa Rica or of Honduras — from which the goods were exported.

Duty Evasion

Definition of duty evasion

42.‍5 In sections 42.‍6 and 42.‍7, duty evasion means the evasion of anti-dumping, countervailing or safeguard duties that are imposed by a CUSMA country other than Canada.

Duty evasion verification

42.‍6 (1) If requested by a CUSMA country under paragraph 5 of Article 10.‍7 of CUSMA, any officer, or any officer within a class of officers, designated by the President for the purposes of this section may — for the purpose of enabling the requesting CUSMA country to determine whether goods exported from Canada to that country are subject to anti-dumping, countervailing, or safeguard duties imposed by that country — conduct a duty evasion verification that includes, among other things, obtaining information from an exporter or producer of goods in Canada.

Paragraph 7(a) of Article 10.‍7 of CUSMA

(2) The duty evasion verification may be conducted only if Canada and the requesting CUSMA country have mutually agreed to conditions and procedures and the verification is conducted in accordance with those conditions and procedures.

Power to enter

(3) In conducting the duty evasion verification, the officer may enter the premises of an exporter or producer of goods.

Report

42.‍7 After a duty evasion verification has been completed, an officer shall provide the requesting CUSMA country with a report that contains any relevant information obtained from an exporter or producer of goods in Canada during the verification.

• (a) in the case of a determination under section 58, re-determine the origin, tariff classification or value for duty of any imported goods at any time within

Notice requirement

(2) An officer who makes a determination under subsection 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons.

Paiement ou remboursement

(3) Les personnes visées par règlement qui ont été avisées de la détermination, de la révision ou du réexamen en application du paragraphe (2) doivent, en conformité avec la détermination, la révision ou le réexamen, selon le cas :

Request for re-determination or further re-determination

60 (1) A person to whom notice is given under subsection 59(2) in respect of goods may, within 90 days after the notice is given, request a re-determination or further re-determination of origin, tariff classification or value for duty. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing.

• (c.‍1) the goods were exported from Chile but no claim for preferential tariff treatment under CCFTA was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);

Certification de l’origine : marchandises exportées vers un partenaire de libre-échange

97.‍1 (1) Quiconque exporte vers un partenaire de libre-échange des marchandises pour lesquelles sera demandé le traitement tarifaire préférentiel découlant d’un accord de libre-échange conformément aux lois du partenaire de libre-échange est tenu de certifier par écrit, selon les modalités réglementaires, en la forme et avec les renseignements déterminés par le ministre, que les marchandises en cause sont conformes aux règles d’origine prévues par l’accord de libre-échange applicable; dans le cas où l’exportateur des marchandises n’en est pas le producteur, il remplit et signe le certificat conformément aux critères réglementaires.

Certificate of Origin — CPTPP or CUSMA

(1.‍1) If an exporter or producer of goods that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and

Exemplaire du certificat

(2) Tout exportateur ou producteur de marchandises qui, afin de permettre à une personne de se conformer aux lois douanières applicables d’un partenaire de libre-échange, remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande.

Notification of correct information

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

• (a.‍1) a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.‍D.‍3 of that Agreement;

textile and apparel goods means the textile and apparel goods set out in Appendix 1.‍1 of Annex C-00-B of the CCFTA, in Appendix III.‍1.‍1.‍1 of Annex III.‍1 of the CCRFTA, in section 1 of Annex 3.‍1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)

Same meaning

(2) In this Act,

• (a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and

• (b) CUSMA country means a country that is a party to the Agreement.

Suspension of certain provisions

2.‍1 (1) The operation of the provisions referred to in column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:

Canada-United States Free Trade Agreement

(2) The operation of section 19.‍1, subsection 23(1.‍1), subparagraph 26(1)‍(a)‍(ii) and paragraph 27(1)‍(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.

Definition of principal cause

20 (1) In this section and in section 20.‍01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

Inquiry into injury matters

(2) The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation to

• (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or

• (b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada.

Definition of contribute importantly

20.‍01 (1) In this section, contribute importantly means to be an important cause, but not necessarily the most important cause.

Determination in respect of CUSMA country goods

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

• (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

• (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to the serious injury or threat thereof.

Idem

(2.‍1) In an inquiry under section 30.‍07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country

• (a) whether the quantity of the goods imported from the CUSMA country accounts for a substantial share of total imports of goods of the same kind; and

• (b) whether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Considerations

(3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 10.‍2 of the Agreement.

Terms of reference

20.‍2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

Notice of report

(4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.

•  

  (c) in the case of a complaint filed under subsection 23(1.‍06), (1.‍08), (1.‍083), (1.‍09), (1.‍091), (1.‍092) or (1.‍096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

Copies to Minister

(2.‍1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.‍06) or (1.‍08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).

Definition of surge

30.‍01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period.

• (b) the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.‍01(2) or (2.‍1) of this Act.

Allegations

(2.‍1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Information to be disclosed

44.‍1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.

Definition of government

(2) For the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act.

Directions – Free Trade Agreement

27 (1) The Governor in Council may, on the recommendation of the Minister, issue directions

• (a) requiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented;

• (b) respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; and

• (c) requiring the Commission to cancel any measure taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify.

Consultation

(2) The Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1).

Directions binding

(3) A direction issued under subsection (1) is binding on the Commission from the time it comes into force.

Definition of Agreement

(4) In this section, Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act.

regulated foreign entity means an entity that is

• (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, and

• (b) subject to financial services regulation in that country or territory; (entité étrangère réglementée)

Exception

(3.‍1) Subject to subsection 250(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

Direction — immediate, direct, complete and ongoing access

(1.‍1) Where a company referred to in subsection 244(3.‍1) or 256(3) maintains records referred to in section 243 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit

• (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

• (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register at any place in Canada.

Company to comply

(2) A company shall without delay comply with any order issued under subsection (1) or (1.‍1).

Regulations

252 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.‍1)‍(a).

Exception

(3) Subject to subsection 250(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

regulated foreign entity means an entity that is

• (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV is applicable, and

• (b) subject to financial services regulation in that country or territory; (entité étrangère réglementée)

Schedule IV

14.‍11 For the purpose of implementing Canada’s international trade obligations, the Governor in Council may, by order, amend Schedule IV by adding or deleting the name of a trade agreement.

Exception

(3.‍1) Subject to subsection 245(1.‍1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.

Direction — immediate, direct, complete and ongoing access

(1.‍1) Where a bank referred to in subsection 239(3.‍1) or 251(3) maintains records referred to in section 238 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and must, in the case referred to in paragraph (b), by order, direct the bank to maintain a copy of those records or register at any place in Canada as the directors think fit

• (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

• (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank not to maintain a copy of those records or register at any place in Canada.

Bank to comply

(2) A bank shall without delay comply with any order issued under subsection (1) or (1.‍1).

Regulations

247 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 245(1.‍1)‍(a).

Exception

(3) Subject to subsection 245(1.‍1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.

Exception

(2.‍1) Subject to subsection 245(1.‍1), subsection (2) does not apply to an authorized foreign bank that is:

• (a) incorporated in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable; or

• (b) a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.

Application of sections 244 to 247

598 Sections 244 to 247 apply, with any modifications that the circumstances require, to an authorized foreign bank, and in the application of those sections,

• (a) the reference in subsections 245(1) and (1.‍1) to “records referred to in section 238” shall be read as a reference to “records referred to in subsection 597(1)”;

• (b) the reference in subsection 245(1.‍1) to “subsection 239(3.‍1)” shall be read as a reference to “subsection 597(2.‍1)”;

• (c) the reference in subsection 245(1.‍1) to “directors” shall be read as a reference to “principal officer”; and

• (d) the reference in paragraph 246(1)‍(a) to “records of the bank referred to in subsection 238(1)” shall be read as a reference to “records of the authorized foreign bank” referred to in subsection 597(1)”.

Exception

(1.‍1) Subject to subsection 822(1.‍1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.

Direction — immediate, direct, complete and ongoing access

(1.‍1) Where a bank holding company referred to in subsection 816(1.‍1) or 828(3) maintains records referred to in section 815 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the bank holding company to maintain a copy of those records or register at any place in Canada as the directors think fit

• (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

• (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank holding company not to maintain a copy of those records or register at any place in Canada.

Bank holding company to comply

(2) A bank holding company shall without delay comply with any order issued under subsection (1) or (1.‍1).

Regulations

824 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 822(1.‍1)‍(a).

Exception

(3) Subject to subsection 822(1.‍1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity.

regulated foreign entity means an entity that is

• (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable; and

• (b) subject to financial services regulation in that country or territory. (entité étrangère réglementée)

Exception

(3.‍1) Subject to subsection 268(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

Direction — immediate, direct, complete and ongoing access

(1.‍1) Where a company referred to in subsection 262(3.‍1) or 274(3) maintains records referred to in section 261 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit

• (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

• (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register in Canada.

Company to comply

(2) A company shall without delay comply with any order issued under subsection (1) or (1.‍1).

Regulations

270 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 268(1.‍1)‍(a).

Exception

(3) Subject to subsection 268(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity.

For greater certainty

(2) For greater certainty, subsection 262(3.‍1) does not apply to societies.

Exception

(4) Subject to subsection 268(1.‍1), subsection (3) does not apply to a foreign company incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV of the Bank Act is applicable or that is a subsidiary of a regulated foreign entity.

Idem

(2) Subsections 15(1) and (2), sections 254 to 256 and subsections 268(1) and (2) apply, with such modifications as the circumstances require, to every provincial company for which an order for the commencement and carrying on of business under this Part has been made to the same extent that they are applicable to, or in respect of, a company, but to the extent to which any provision referred to in this section would effect an enlargement, in any respect, of the corporate powers or rights of any provincial company under its incorporating instrument, that provision does not apply to the provincial company.

Exception

(1.‍1) Subject to subsection 876(1.‍1), subsection (1) does not apply to an insurance holding company that is a subsidiary of a regulated foreign entity.

Direction — immediate, direct, complete and ongoing access

(1.‍1) Where an insurance holding company referred to in subsection 870(1.‍1) or 274(3) maintains records referred to in section 869 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the insurance holding company to maintain a copy of those records or register at any place in Canada as the directors think fit

• (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or

• (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the insurance holding company not to maintain a copy of those records or register at any place in Canada.

Insurance holding company

(2) An insurance holding company shall without delay comply with any order issued under subsection (1) or (1.‍1).

Regulations

878 The Governor in Council may make regulations respecting the records, papers and documents to be retained by an insurance holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 876(1.‍1)‍(a).

• (b) the reference to “subsection 268(1.‍1)” in subsection 274(3) is to be read as a reference to “subsection 876(1.‍1)”;

Mexico has the meaning assigned by paragraph (b) of the definition territory in Section C of Chapter 1 of the Canada–United States–Mexico Agreement.‍ (Mexique)

• (a) the United States;

• (a.‍1) Mexico;

Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (Accord Canada–États-Unis–Mexique)

• (a) Chapters 4 and 6 of the Canada–United States–Mexico Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement;

• (v) subsection 45(7),

MT refers to the Mexico Tariff.‍ (TM)

MUST refers to the Mexico–United States Tariff.‍ (TMÉU)

MXT refers to the Mexico Tariff.‍ (TMX)

United States Tariff and Mexico Tariff

“F” staging for UST

(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UST” in relation to goods entitled to the United States Tariff, the United States Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

Application of MXT

(4) Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty.

“A” final rate for MXT

(5) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”.

“F” staging for MXT

(6) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

Extension of UST and MXT

(7) Despite any other provision of this Act, for the purpose of giving effect to Annex 6-A of the Canada–United States–Mexico Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under any conditions that are specified in the order.

• (c) include on the Import Control List established under section 5 of the Export and Import Permits Act goods that originate in any country or are entitled to a tariff treatment provided for by any regulations made under section 16, or a class of such goods; and

Retroactivity

(3.‍1) An order made under subsection (2) may, if it so provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this subsection comes into force.

• (a) the United States or Mexico, means a significant increase in imports over the trend for a recent representative base period; or

•  

  (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

•  

  (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

•  

  (a) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

Limitation

(2) If the Governor in Council makes an order under subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided, as the case may be, by

• (a) subparagraph 5(b) of Article 10.‍2 of the Canada–United States–Mexico Agreement;

• (b) subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement; or

• (c) subparagraph 5(b) of Article 4.‍6 of the Canada–Israel Free Trade Agreement.

•  

  (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

Repayment of relief

95 (1) If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the United States or Mexico,

Reduction of amount repayable

(4) The amount of the customs duties levied under subsection (1) shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of the United States or of Mexico.

Amount of reduction

(5) Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the United States or of Mexico or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero.

• (a) imported goods that originate in the United States or Mexico that are

  • (i) subsequently exported to the United States or Mexico,

  • (ii) used as materials in the production of goods that are subsequently exported to the United States or Mexico, or

  • (iii) substituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to the United States or Mexico;

• (d) imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading 5811.‍00 and furniture moving pads provided for under subheading 6307.‍90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country;

• (iv) used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of the United States or of Mexico, or with a project in Canada undertaken by the government of the United States or of Mexico and destined to become the property of the government of the United States or of Mexico; and

• (g) such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of the United States or of Mexico relating to the application of this subsection.

Definitions of identical or similar goods and used

(7) In this section, identical or similar goods and used have the same meanings as in paragraph 7 of Article 2.‍5 of the Canada–United States–Mexico Agreement.

Maximum drawback

96 Subject to subsection 95(6), a drawback, granted under section 113, of customs duties paid in respect of imported goods that are or were exported to the United States or Mexico, may not exceed the lesser of

• (a) the amount of customs duties paid or owed in respect of the imported goods at the time of importation, and

• (b) the amount of customs duties paid to the country that is a party to the Canada–United States–Mexico Agreement to which the imported goods were subsequently exported.

No relief or drawback of SIMA duties

97 Subject to subsection 95(6), relief may not be granted under section 89 or 92 and a drawback may not be granted under section 113 of duties paid under the Special Import Measures Act on imported goods that are or were exported to the United States or Mexico.

Exports to United States or Mexico

98 (1) Subject to subsection 95(6), if relief or a drawback of duties levied under the Special Import Measures Act has been granted in respect of imported goods and the goods are or were exported to the United States or Mexico and the relief or drawback could not be granted because of section 97,

• (i.‍1) amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by forced labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item,

• (iv) have an internal volume of at least 1 m³;

• (f) imported from Mexico

Goods mined, manufactured or produced wholly or in part by forced labour;

• (d) indigenous handicraft goods.

Regulations re WTO Agreement

(3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

Definition of WTO Agreement

(4) In subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

• (g) exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).

CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (ACEUM)

Principle

374 (1) In exercising its powers and performing its duties and functions, the Regulator must give effect to CUSMA, the CCFTA and the CCRFTA.

Directions

(2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to CUSMA, the CCFTA or the CCRFTA by the Regulator for the purposes of this Act.

Declaration of Governor in Council

375 The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article C-13 of the CCFTA or Article III.‍11 of the CCRFTA, as the case may be.

Request for declaration

376 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.‍11 of the CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made.

Exportation to Chile or Costa Rica

377 (1) The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.‍11 of the CCRFTA, as the case may be, would apply.

Exception

(2) Subsection (1) does not apply in respect of the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in an order made under section 375 while the order is in force.

No declaration made

378 Despite not being satisfied that the criteria set out in section 345 have been met, the Commission may issue a licence for the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in a request made under section 376 if

Agreement within the meaning of subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–Peru Free Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–Colombia Free Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–Panama Economic Growth and Prosperity Act

Agreement within the meaning of section 2 of the Canada–Honduras Economic Growth and Prosperity Act

Agreement within the meaning of section 2 of the Canada–Korea Economic Growth and Prosperity Act

Agreement within the meaning of section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act

Agreement within the meaning of section 2 of the Canada–United States–Mexico Agreement Implementation Act

SCHEDULE 2 

SCHEDULE 3 

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SCHEDULE 5