Bill C-61
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45 ELIZABETH II |
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CHAPTER 33 |
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An Act to implement the Canada-Israel Free
Trade Agreement
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Assented to 18th December, 1996
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| Preamble
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WHEREAS the Government of Canada and
the Government of the State of Israel have
entered into a Free Trade Agreement
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WHEREAS the Government of Canada has
entered into the Agreement having further
resolved to strengthen the Canadian economy
and Canada's competitiveness as a trading
nation;
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WHEREAS the Government of Canada has
announced its willingness to extend the
benefits of the Agreement to another
beneficiary;
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WHEREAS the Agreement applies
generally throughout Canada;
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AND WHEREAS it is necessary, in order to
give effect to the Agreement, to make related
or consequential amendments to certain Acts;
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NOW, THEREFORE, 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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SHORT TITLE |
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| Short title
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1. This Act may be cited as the
Canada-Israel Free Trade Agreement
Implementation Act.
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INTERPRETATION |
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| Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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| ``Agreement'' « Accord »
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``Agreement'' means the Free Trade
Agreement entered into between the
Government of Canada and the
Government of the State of Israel and
signed on July 31, 1996, and includes any
rectifications to it made before its
ratification by Canada.
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| ``Commission
'' « Commission »
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``Commission'' means the Canada-Israel
Trade Commission established under
paragraph 1 of Article 8.2 of the
Agreement.
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| ``federal law'' « texte législatif fédéral »
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``federal law'' means the whole or any portion
of an Act of Parliament or a regulation,
order or other instrument issued, made or
established in the exercise of a power
conferred by or under an Act of Parliament.
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| ``Minister'' « ministre »
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``Minister'', in respect of any provision of this
Act, means the member of the Queen's
Privy Council for Canada designated under
section 9 as the Minister for the purposes of
that provision.
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| Publication of
Agreement
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(2) The Agreement shall be published in the
Canada Treaty Series.
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| Interpreta- tion consistent with Agreement
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3. For greater certainty, this Act, any
provision of an Act enacted or amended by
Part II and any other federal law that
implements a provision of the Agreement or
fulfils an obligation of the Government of
Canada under the Agreement shall be
interpreted in a manner consistent with the
Agreement.
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PURPOSE |
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| Purpose
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4. The purpose of this Act is to implement
the Agreement, the objective of which, as
elaborated more specifically through its
provisions, is to eliminate barriers to trade in,
and facilitate the movement of, goods within
the free-trade area established by the
Agreement, and thereby to promote
conditions of fair competition and
substantially increase investment
opportunities in that free-trade area.
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HER MAJESTY |
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| Binding on
Her Majesty
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5. This Act is binding on Her Majesty in
right of Canada.
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GENERAL |
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| Causes of
action under
Part I
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6. (1) No person has any 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 Part I or an order or
regulation made under Part I.
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| Causes of
action under
the
Agreement
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(2) No person has any 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.
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| Non-appli- cation of Agreement to water
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7. (1) For greater certainty, nothing in this
Act or the Agreement, except Article 2.1 of
the Agreement, applies to water.
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| Definition of
``water''
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(2) In this section, ``water'' means natural
surface and ground water in liquid, gaseous or
solid state, but does not include water
packaged as a beverage or in tanks.
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PART I |
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IMPLEMENTATION OF AGREEMENT GENERALLY |
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Approval of Agreement |
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| Agreement
approved
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8. The Agreement is hereby approved.
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Designation of Minister |
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| Order
designating
Minister
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9. The Governor in Council may, by order,
designate any member of the Queen's Privy
Council for Canada to be the Minister for the
purposes of any provision of this Act.
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Administrative and Institutional Provisions |
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| Appointment
of represen- tative on the Commission
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10. The Minister for International Trade is
the principal representative of Canada on the
Commission.
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| Payment of
expenditures
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11. The Government of Canada shall pay its
appropriate share of any expenditures
incurred by or on behalf of the Commission.
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| Administra- tive support
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12. The Minister for International Trade
shall designate an agency, division or branch
of the Government of Canada to facilitate the
operation of, and provide administrative
assistance to panels established under,
Chapter Eight of the Agreement.
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| Appoint- ments to certain committees
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13. The Minister for International Trade
may appoint any person to be a representative
of Canada on any committee or working group
referred to in paragraph 4 of Article 8.2 of the
Agreement.
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| Costs of
panels
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14. The Government of Canada shall, in
accordance with Annex 8.9 of the Agreement,
pay the costs of or its appropriate share of the
costs of
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Regulations |
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| Regulations
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15. The Governor in Council may make
regulations
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PART II |
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. 47
(4th Supp.)
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Canadian International Trade Tribunal Act |
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16. Section 2 of the Canadian
International Trade Tribunal Act is
amended by adding the following after
subsection (2):
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| Same
meaning
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(2.1) In this Act,
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17. The Act is amended by adding the
following after section 19.01:
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| Definition of
``principal
cause''
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19.011 (1) In this section, ``principal cause''
means, in respect of a serious injury, an
important cause that is no less important than
any other cause of the serious injury.
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| Emergency
measures -
Israel or
another
CIFTA
beneficiary
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(2) The Tribunal shall inquire into and
report to the Governor in Council on the
question whether goods that are entitled to the
benefit of the Canada-Israel Free Trade
Agreement Tariff are, as a result of that
entitlement, being imported in such increased
quantities and under such conditions that they
alone constitute a principal cause of serious
injury to domestic producers of like or directly
competitive goods, where the Governor in
Council, on the recommendation of the
Minister, refers the question to it for inquiry
and report.
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| Terms of
reference
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(3) The Tribunal shall conduct an inquiry
under subsection (2) and prepare its report in
accordance with the terms of reference
established by the Governor in Council or the
Minister, as the case may be.
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| Tabling of
report
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(4) The Minister shall cause a copy of each
report submitted to the Governor in Council or
the Minister to be laid before each House of
Parliament on any of the first fifteen days on
which that House is sitting after the report is
so submitted.
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| Notice of
report
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(5) The Tribunal shall cause notice of the
submission of a report to be published in the
Canada Gazette.
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| 1994, c. 47,
s. 32
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18. The portion of subsection 19.02(1) of
the Act before paragraph (a) is replaced by
the following:
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| Mid-term
review
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19.02 (1) Where an order made under
subsection 59.1(1), (8) or (11) or 59.11(2),
(13) or (20) of the Customs Tariff or subsection
5(3), (3.2), (4.01) or (4.8) of the Export and
Import Permits Act specifies that it remains in
effect for a period of more than three years, the
Tribunal shall, before the mid-point of the
period,
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19. The Act is amended by adding the
following after section 20.01:
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| Determi- nation in respect of goods of Israel or another CIFTA beneficiary
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20.02 (1) Where, in an inquiry conducted
pursuant to a reference under section 20 into
goods imported from Israel or another CIFTA
beneficiary 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
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| Determi- nations
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(2) In the case of an inquiry to which
subsection (1) applies, the Tribunal shall
include in its report any determinations made
pursuant to that subsection.
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| Inquiry under
section 30.07
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(3) In an inquiry under section 30.07 into
goods imported from Israel or another CIFTA
beneficiary conducted pursuant to an
extension request, the Tribunal shall
determine
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| Considera- tions
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(4) In making a determination under this
section, the Tribunal shall take fully into
account paragraph 2 of Article 4.6 of CIFTA.
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| 1993, c. 44,
s. 39
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20. Section 21.1 of the Act is replaced by
the following:
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| Definition of
``complaint''
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21.1 In sections 23 to 30, ``complaint''
means a written complaint filed with the
Tribunal under subsection 23(1), (1.01),
(1.02), (1.03) or (1.04), and, for the purposes
of those sections, a complaint is properly
documented if the Tribunal is satisfied that it
contains or is accompanied by the information
required by section 23.
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21. Section 23 of the Act is amended by
adding the following after subsection
(1.03):
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| Filing of
complaint -
CIFTA Tariff
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(1.04) Any domestic producer of goods that
are like or directly competitive with goods
being imported into Canada that are entitled to
the Canada-Israel Free Trade Agreement
Tariff, or any person or association acting on
behalf of such a domestic producer, may file
a written complaint with the Tribunal alleging
that, as a result of that entitlement, the
imported goods are being imported in such
increased quantities and under such
conditions as to alone constitute a cause of
serious injury to domestic producers of like or
directly competitive goods.
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22. (1) Paragraph 26(1)(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i.3) and by adding
the following after subparagraph (i.3):
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| 1994, c. 47,
s. 36(2)
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(2) Subsection 26(7) of the Act is replaced
by the following:
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| Time limit on
inquiry
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(7) Where subsection 59.1(3.1) or 59.11(6)
of the Customs Tariff or subsection 5(3.1) of
the Export and Import Permits Act prohibits
the making of an order pursuant to subsection
59.1(1) or 59.11(2) of the Customs Tariff or
subsection 5(3) of the Export and Import
Permits Act in respect of any goods during any
period, the Tribunal may commence an
inquiry into a complaint under subsection (1)
in respect of the goods no earlier than one
hundred and eighty days before the end of the
period.
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23. Subsection 27(1) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a.3) and by adding
the following after paragraph (a.3):
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