Bill C-54
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45 ELIZABETH II |
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CHAPTER 28 |
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An Act to amend the Foreign Extraterritorial
Measures Act
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| R.S., c. F-29;
1995, c. 5
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. The long title of the Foreign Extraterri
torial Measures Act is replaced by the
following:
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An Act to authorize the making of orders
relating to the production of records and
the giving of information for the
purposes of proceedings in foreign
tribunals, relating to measures of foreign
states or foreign tribunals affecting
international trade or commerce and in
respect of the recognition and
enforcement in Canada of certain foreign
judgments
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2. Section 2 of the Act is amended by
adding the following in alphabetical order:
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| ``foreign trade
law'' « loi commerciale étrangère »
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``foreign trade law'' means a law of a foreign
jurisdiction that directly or indirectly af
fects or is likely to affect trade or commerce
between
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*ep
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3. The Act is amended by adding the
following after section 2:
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AMENDMENTS TO SCHEDULE |
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| Power of
Attorney
General
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2.1 The Attorney General of Canada may,
with the concurrence of the Minister of
Foreign Affairs, by order, amend the schedule
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4. The portion of subsection 3(1) of the
Act before paragraph (a) is replaced by the
following:
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| Orders of
Attorney
General
relating to
production of
records and
giving of
information
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3. (1) Where, in the opinion of the Attorney
General of Canada, a foreign tribunal has
exercised, is exercising or is proposing or
likely to exercise jurisdiction or powers of a
kind or in a manner that has adversely affected
or is likely to adversely affect significant
Canadian interests in relation to international
trade or commerce involving a business
carried on in whole or in part in Canada or that
otherwise has infringed or is likely to infringe
Canadian sovereignty, or jurisdiction or pow
ers that is or are related to the enforcement of
a foreign trade law or a provision of a foreign
trade law set out in the schedule, the Attorney
General of Canada may, by order, prohibit or
restrict
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5. Paragraphs 5(1)(a) and (b) of the
French version of the Act are replaced by
the following:
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6. (1) Subsection 7(1) of the Act is
replaced by the following:
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| Offence and
punishment
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7. (1) Every person who contravenes an
order made under section 3 or 5 that is directed
to the person and that has been served on the
person in accordance with section 6 is guilty
of an offence and liable
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(2) Section 7 of the Act is amended by
adding the following after subsection (3):
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| Factors to take
into account
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(4) In taking into account the circumstances
of the offence when determining the sentence
for an offence referred to in subsection (1), the
court shall have regard, among other things, to
the degree of premeditation in its commission,
the size, scale and nature of the offender's
operations and whether any economic benefits
have, directly or indirectly, accrued to the
offender as a result of having committed the
offence.
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7. Sections 8 to 10 of the Act are replaced
by the following:
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| Cuban Liberty
and
Democratic
Solidarity
(LIBERTAD)
Act of 1996
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7.1 Any judgment given under the law of
the United States entitled Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of
1996 shall not be recognized or enforceable in
any manner in Canada.
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| Attorney
General may
declare
antitrust
judgments not
to be
recognized or
enforceable
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8. (1) Where a foreign tribunal has given a
judgment in proceedings instituted under an
antitrust law and, in the opinion of the
Attorney General of Canada, the recognition
or enforcement of the judgment in Canada has
adversely affected or is likely to adversely
affect significant Canadian interests in rela
tion to international trade or commerce in
volving a business carried on in whole or in
part in Canada or otherwise has infringed or is
likely to infringe Canadian sovereignty, the
Attorney General of Canada may
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| Attorney
General may
declare certain
foreign
judgments not
to be
recognized or
enforceable
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(1.1) Where a foreign tribunal has given a
judgment in proceedings instituted under a
foreign trade law or a provision of a foreign
trade law set out in the schedule and, in the
opinion of the Attorney General of Canada,
the recognition or enforcement of the judg
ment in Canada has adversely affected or is
likely to adversely affect significant interests
in Canada, the Attorney General of Canada
may
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| Publication
and coming
into force
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(2) Every order made under subsection (1)
or (1.1) shall be published in the Canada
Gazette and each order comes into force on the
later of the day it is published and a day
specified in the order as the day on which it is
to come into force.
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| Effect of
order
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(3) While an order made under subsection
(1) or (1.1) is in force,
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| No inference
where order
not made
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(4) In any proceedings in Canada to recog
nize or enforce a judgment given by a foreign
tribunal in proceedings instituted under an
antitrust law, or a foreign trade law or a
provision of a foreign trade law set out in the
schedule, or to enforce a concurrent or
subsequent judgment for contribution or in
demnity related to that judgment, no inference
shall be drawn from the fact that the Attorney
General of Canada has not made an order
under subsection (1) or (1.1) in respect of the
judgment.
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| Judgments
satisfied
outside
Canada
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8.1 Where an order may not be made under
section 8 in respect of a judgment because the
judgment has been satisfied outside Canada,
or where a judgment has been given under the
law of the United States entitled Cuban
Liberty and Democratic Solidarity (LIBER
TAD) Act of 1996, the Attorney General of
Canada may, on application by a party against
whom the judgment was given who is a
Canadian citizen, a resident of Canada, a
corporation incorporated by or under a law of
Canada or a province or a person carrying on
business in Canada, by order, declare that that
party may recover, under the provisions of
section 9 that the Attorney General identifies,
any or all amounts obtained from that party
under the judgment, expenses incurred by that
party, or loss or damage suffered by that party.
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Recovery of Damages |
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| Recovery of
damages and
expenses
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9. (1) Where a judgment in respect of which
an order has been made under section 8 has
been given against a party who is a Canadian
citizen, a resident of Canada, a corporation
incorporated by or under a law of Canada or a
province or a person carrying on business in
Canada, or an order has been made under
section 8.1 in favour of such a party in respect
of a judgment, that party may, in Canada, sue
for and recover from a person in whose favour
the judgment is given
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| Recovery of
expenses
before final
judgment
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(1.1) Where proceedings are instituted
under an antitrust law, or a foreign trade law
or a provision of a foreign trade law set out in
the schedule, and no final judgment has been
given under those proceedings against a party
who is a Canadian citizen, a resident of
Canada, a corporation incorporated by or
under a law of Canada or a province or a
person carrying on business in Canada, that
party may, in Canada, with the consent of the
Attorney General of Canada, at any time
during the proceedings sue the person who
instituted the action and recover from that
person all expenses incurred by the party in
defending those proceedings and in instituting
proceedings under this Act, including all
solicitor-client costs or judicial and extrajudi
cial costs.
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| Seizure and
sale of
property and
shares
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(2) A court that renders judgment in favour
of a party pursuant to subsection (1) or (1.1)
may, in addition to any other means of
enforcing judgment available to the court,
order the seizure and sale of any property in
which the person against whom the judgment
is rendered, or any person who controls or is
a member of a group of persons that controls,
in law or in fact, that person, has a direct or
indirect beneficial interest. The property that
may be seized and sold includes shares of any
corporation incorporated by or under a law of
Canada or a province, regardless of whether
the share certificates are located inside or
outside Canada.
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TABLING OF ORDERS |
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| Tabling
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10. An order made under section 2.1, 3, 5,
8 or 8.1 shall be laid before each House of
Parliament within fifteen sitting days after it
is made.
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8. The Act is amended by adding the
schedule set out in the schedule to this Act.
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COMING INTO FORCE |
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| Coming into
force
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9. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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