Bill C-311
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1nd Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
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The House of Commons of Canada
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BILL C-311 |
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An Act to require the Minister for
International Trade to retaliate against
import restrictions introduced by the
United States of America on Canadian
refined sugar and sugar-containing
products
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Whereas the Government of Canada and
the governments of other countries entered
into agreements to establish the World Trade
Organization (WTO) effective January 1,
1995;
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Whereas as part of the WTO negotiations
members of the World Trade Organization
were required to make binding market access
concessions on agricultural trade pursuant to
the WTO Agreement on Agriculture;
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Whereas the Government of the United
States of America took the opportunity to
impose additional restrictions on imports of
Canadian refined sugar and sugar-containing
products;
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Whereas such restrictions were added to
numbers of existing import restrictions and
will substantially reduce market access for
Canadian refined sugar and sugar-containing
products;
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Whereas such action was unreasonable and
inconsistent with international trade rules;
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Whereas such action will burden and
restrict fairly traded Canadian sugar products;
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And whereas it is necessary to take action
on an urgent basis to protect the interest of
Canadian producers of sugarbeets, refined
sugar and sugar-containing products;
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Now, therefore, Her Majesty, by and with the
advice and consent of the Senate and the
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the United States
Sugar Import Restrictions Retaliation Act.
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INTERPRETATION |
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| Definition
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2. In this Act,
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| ``WTO
Agreement on
Agriculture'' « Accord de l'OMC relatif à l'agriculture »
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``WTO Agreement on Agriculture'' means the
Agreement on Agriculture that formed part
of the Final Act Embodying The Results Of
The Uruguay Round Of Multilateral Trade
Negotiations signed at Marrakesh, April 15,
1994;
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| ``Minister'' « ministre »
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``Minister'', in respect of any provision of this
Act, means the Minister for International
Trade;
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| ``WTO
schedule of
market access
commitments'
' « Liste des engagements en matière d'accès aux marchés accessoire à l'Accord sur l'Organisatio n mondiale du commerce »
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``WTO schedule of market access
commitments'', means the schedule of
market access commitments made by the
United States of America pursuant to the
WTO Agreement on Agriculture.
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PART I |
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3. The Minister shall undertake
consultations with the Government of the
United States of America to determine
whether it will restore the previous levels of
access which Canadian exports of sugar and
sugar-containing products held prior to the
imposition of new restrictions in the United
States of America's schedule of market access
commitments made pursuant to the WTO
Agreement on Agriculture. Such
consultations shall be concluded within 60
days of the entry into force of this Act.
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4. In the event that consultations pursuant to
section 3 fail to restore access levels within the
60 day period, the Governor in Council shall
take immediate action under section 59 of the
Customs Tariff necessary to protect the
interests of Canadian producers of sugarbeets,
refined sugar and sugar-containing products.
Such action shall suspend concessions or
benefits related to imports of the like products
from the United States of America. Canadian
imports of refined sugar and sugar-containing
products from the United States of America
shall be limited to the equivalent market share
(percentage share of total Canadian market for
such products) that Canadian exports of
refined sugar and sugar-containing products
hold of the United States market (percentage
share of total U.S. market for such products).
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5. The Minister shall continue to seek a
satisfactory resolution of the matter and all
retaliatory measures maintained under section
4 shall be continued only for so long as it is
necessary to achieve such a resolution.
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PART II |
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6. The Minister shall report to Parliament at
the end of every 90 day period commencing
after the entry into force of this Act on
whether, in the opinion of the Minister, there
has been a satisfactory resolution of the
matter. Retaliatory measures maintained
pursuant to section 4 shall be removed upon
the date which the Minister specifies in the
report to Parliament made under this section.
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