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Bill C-88

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Second Reading

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	1st Session, 35th Parliament, 42-43-44 Elizabeth II, 1994-95
	The House of Commons of Canada
	BILL C-88
	An Act to implement the Agreement on Internal Trade
Preamble	WHEREAS the Government of Canada together with the Governments of Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, the Northwest Territories and the Yukon Territory have entered into an Agreement on Internal Trade;
	AND WHEREAS the reduction or elimination of barriers to the free movement of persons, goods, services and investments is essential for the promotion of an open, efficient and stable domestic market to enhance the competitiveness of Canadian business and sustainable development;
	NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

	SHORT TITLE
Short title	1. This Act may be cited as the Agreement on Internal Trade Implementation Act.
	INTERPRETATION
Definitions	2. In this Act,
``Agreement'' « Accord »	``Agreement'' means the Agreement on Internal Trade signed in 1994 and published in Part I of the Canada Gazette;
``Minister'' « ministre »	``Minister'', in respect of any provision of this Act, means the member of the Queen's Privy Council for Canada designated as the Minister for the purposes of that provision under section 8.
	PURPOSE
Purpose	3. The purpose of this Act is to implement the Agreement.
	HER MAJESTY
Binding on Her Majesty	4. This Act is binding on Her Majesty in right of Canada.
	GENERAL
Prohibition of private cause of action	5. (1) There is no cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of section 9 or 11, or an order made under section 9.
Where private cause of action under Agreement	(2) Except to the extent provided in Part B of Chapter Seventeen of the Agreement, there is no cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
For greater certainty	6. For greater certainty, nothing in this Act, by specific mention or omission, limits in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
	IMPLEMENTATION OF THE AGREEMENT GENERALLY
	Approval of Agreement
Agreement approved	7. The Agreement is hereby approved.
	Designation of Minister
Order designating Minister	8. The Governor in Council may, by order, designate any member of the Queen's Privy Council for Canada as the Minister for the purposes of any provision of this Act.
	Orders
Orders	9. (1) For the purpose of suspending benefits or imposing retaliatory measures of equivalent effect against a province pursuant to Article 1710 of the Agreement, the Governor in Council may, by order, do any one or more of the following:
	(a) suspend rights or privileges granted by the Government of Canada to the province under the Agreement or any federal law; and
	(b) modify or suspend the application of any federal law with respect to the province.
Definition of ``federal law''	(2) In this section, ``federal law'' means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.
Order subject to Chapter 17	(3) For greater certainty, the making of an order under subsection (1) shall be in accordance with and subject to Chapter 17 of the Agreement, in particular,
	(a) the requirements for standing set out in paragraph 1704(8) of the Agreement; and
	(b) the conditions and limitations set out in paragraphs 1710(3), (4) and (10) of the Agreement.
	Committee on Internal Trade
Appointment of representa- tive	10. The Governor in Council may appoint a Minister to be a representative on the Committee on Internal Trade established pursuant to Article 1600 of the Agreement.
Annual budget	11. The Government of Canada shall pay its portion of the annual budget of the Secretariat referred to in Article 1603 of the Agreement, in accordance with Annex 1603.3 of the Agreement.
	Panels and Committees
Roster of panellists	12. The Governor in Council may appoint any person to be on the roster of panellists required by Article 1705 of the Agreement.
Representa- tives on committees	13. The Minister may appoint any person to be a representative of Canada on any committee referred to in the Agreement, other than the Committee on Internal Trade referred to in section 10.
	Appointments
Appointments	14. (1) The Governor in Council may, by order, appoint any person to fill any position that may be necessary or advisable, in the opinion of the Governor in Council, for carrying out the purposes of the Agreement.
Remunera- tion	(2) A person appointed under subsection (1) may be paid such remuneration and expenses for their services as are fixed by the Governor in Council.
	RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. C-50; 1990, c. 8, s. 21	Crown Liability and Proceedings Act
	*15. Section 28 of the Crown Liability and Proceedings Act* is amended by adding the following after subsection (2):**
Proceedings include Agreement on Internal Trade proceedings	(3) For greater certainty, a proceeding referred to in subsection (1) shall include proceedings initiated or conducted under Article 1705 or 1717 of the Agreement as defined in section 2 of the Agreement on Internal Trade Implementation Act.
R.S., c. F-11	Financial Administration Act
	*16. The Financial Administration Act* is amended by adding the following before the heading ``Restricted Transactions'' before section 90:**
	Implementation of Agreement on Internal Trade
Directive	89.3 Notwithstanding subsection 85(1), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement as that term is defined in section 2 of the Agreement on Internal Trade Implementation Act that pertains to that Crown corporation.
R.S., c. I-15	Interest Act
	*17. Section 4 of the Interest Act* is replaced by the following:**
When annual rate not stipulated	4. (1) Except as to mortgages on real property, whenever any interest is, by the terms of any written or printed contract, whether under seal or not, made payable at a rate or percentage per day, week, month, or any rate or percentage for any period less than a year, no interest exceeding the rate or percentage prescribed by regulation shall be chargeable, payable or recoverable on any part of the principal money unless the contract contains an express statement of the yearly rate or percentage of interest to which the other rate or percentage is equivalent, calculated in accordance with the regulations.
Regulations	(2) The Governor in Council may make regulations for the purposes of subsection (1).
	18. Section 6 of the Act is replaced by the following:
Interest recoverable in certain cases	6. (1) Whenever any principal money or interest secured by mortgage on real property is, by the mortgage, made payable on a sinking fund plan, on any plan under which the payments of principal money and interest are blended, on any plan that involves an allowance of interest on stipulated payments or on any fund or plan described in the regulations, no interest whatever shall be chargeable, payable or recoverable on any part of the principal money advanced unless the mortgage contains an express statement showing the amount of the principal money and the rate of interest chargeable on that money, calculated in accordance with the regulations.
Regulations	(2) The Governor in Council may make regulations for the purposes of subsection (1).
R.S., c. 29 (3rd Supp.)	Motor Vehicle Transport Act, 1987
1992, c. 1, s. 143(1) (Sch. VI, item 18)(E)	*19. Part III of the Motor Vehicle Transport Act, 1987* is repealed.**
	COMING INTO FORCE
Coming into force	20. This Act or any provision thereof, or any provision of any Act as enacted by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

Bill C-88

BILL C-88