Bill C-61
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| 1993, c. 44,
s. 98(2)
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(2) Subsection 74(1.1) of the Act is
replaced by the following:
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| No request
under
subsection
60(1)
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(1.1) For greater certainty, where the
circumstances described in paragraph (1)(c.1)
or (c.11) exist, a request for a re-determination
of origin may not be made under subsection
60(1) as applied by subsection 57.2(3.1) or
(5).
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| 1993, c. 44,
s. 98(3)
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(3) Subparagraph 74(3)(b)(i) of the Act is
replaced by the following:
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| 1993, c. 44,
s. 98(4)
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(4) Subsections 74(5) and (6) of the Act
are replaced by the following:
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| Effect of
denial of
refund under
paragraph
(1)(c.11)
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(4.1) A denial of an application for a refund
under paragraph (1)(c.11) on the ground that
the goods on which the claimant has paid
duties are not eligible for preferential tariff
treatment under CIFTA because the goods are
not eligible for such tariff treatment under the
regulations made pursuant to section 13 of the
Customs Tariff at the time they are accounted
for under subsection 32(1), (3) or (5) of this
Act shall, for the purposes of this Act, be
treated as if it were a re-determination of
origin under subsection 60(3) as applied by
subsection 57.2(5).
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| Effect of
denial of
refund under
paragraph
(1)(c.1) or
(c.11)
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(5) For greater certainty, a denial of an
application for a refund under paragraph
(1)(c.1) or (c.11) on the basis that complete or
accurate documentation has not been
provided or on any ground other than the
ground specified in subsection (4) or (4.1), as
the case may be, shall not, for the purposes of
this Act, be treated as if it were a
re-determination of origin under this Act.
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| Effect of
granting of
refund under
paragraph
(1)(c.1) or
(c.11)
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(6) The granting of a refund under
paragraph (1)(c.1) or (c.11) shall, for the
purposes of this Act, other than section 66, be
treated in the same manner as if it were a
re-determination of origin under subsection
60(3) as applied by subsection 57.2(3.1) or
(5), as the case may be.
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37. The Act is amended by adding the
following after section 97.1:
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| Certificate of
Origin of
goods
exported to
Israel or
another
CIFTA
beneficiary
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97.11 (1) Every exporter of goods to Israel
or another CIFTA beneficiary for which tariff
treatment under CIFTA will be claimed in
accordance with the applicable laws of Israel
or another CIFTA beneficiary shall certify in
writing in the prescribed form and containing
the prescribed information that goods
exported or to be exported from Canada to
Israel or another CIFTA beneficiary meet the
rules of origin set out in, or contemplated by,
CIFTA and, where the exporter is not the
producer of the goods, the certificate shall be
completed and signed by the exporter on the
basis of the prescribed criteria.
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| Provision of
copy of
Certificate of
Origin
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(2) Every exporter of goods who, for the
purpose of enabling any person to comply
with the applicable laws of Israel or another
CIFTA beneficiary relating to customs,
completes and signs a certificate in
accordance with subsection (1) shall, at the
request of an officer, provide the officer with
a copy of the certificate.
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| Notification
of correct
information
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(3) A person who has completed and signed
a certificate in accordance with subsection (1)
and who has reason to believe that it contains
incorrect information shall immediately
notify all persons to whom the certificate was
given of the correct information.
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| 1993, c. 44,
s. 104
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38. Subsection 97.2(1) of the Act is
replaced by the following:
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| Exporters' or
producers'
records
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97.2 (1) Every person who exports goods or
causes them to be exported for sale or for any
industrial, occupational, commercial,
institutional or other like use or any other use
that may be prescribed, and every other person
who has completed and signed a certificate in
accordance with subsection 97.01(1) or
97.11(1), shall keep at the place of business in
Canada of that person or at such other place in
Canada as may be designated by the Minister
such records in respect of such goods in such
manner and for such period as may be
prescribed and shall, where an officer so
requests, make them available to the officer
and answer truthfully any questions asked by
the officer in respect of the records.
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| 1993, c. 44,
s. 105
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39. Paragraph 153(a.1) of the Act is
replaced by the following:
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40. Subsection 164(4) of the Act is
amended by adding the following after
paragraph (a.02):
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| R.S, c. 41 (3rd
Supp.)
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Customs Tariff |
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| 1988, c. 65,
s. 82(1)
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41. (1) The definition ``country'' in
subsection 2(1) of the Customs Tariff is
replaced by the following:
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| ``country'' « pays »
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``country'', unless the context otherwise
requires, includes an external territory of a
country or other territory prescribed by
regulation;
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``Canada- Israel Free Trade Agreement'' « Accord de libre-échange Canada - - Israël »
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``Canada-Israel Free Trade Agreement'' has
the same meaning as ``Agreement'' in
subsection 2(1) of the Canada-Israel Free
Trade Agreement Implementation Act;
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| ``Canada- Israel Free Trade Agreement Tariff'' « tariff de l'Accord de libre-échange Canada - - Israël Tariff »
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``Canada-Israel Free Trade Agreement
Tariff'' means the rates of customs duty
established by section 58.1;
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| ``imported
from Israel or
another
CIFTA
beneficiary'' « importées d'Israël ou d'un autre bénéficiaire de l'ALÉCI »
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``imported from Israel or another CIFTA
beneficiary'' has the meaning assigned by
regulations made under section 58.4;
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| ``Israel or
another
CIFTA
beneficiary'' « Israël ou autre bénéficiaire de l'ALÉCI »
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``Israel or another CIFTA beneficiary'' has the
meaning assigned by regulations made
under section 58.4;
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(3) Section 2 of the Act is amended by
adding the following after subsection (2):
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| Regulations
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(3) The Governor in Council may make
regulations prescribing territories for the
purposes of the definition ``country'' in
subsection (1).
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42. Section 7 of the Act is amended by
adding the following after subsection (2):
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| Abbreviation
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(3) For the purposes of Schedule I, the
abbreviation ``CIFTA'' refers to the
``Canada-Israel Free Trade Agreement
Tariff''.
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43. Section 12.1 of the Act is amended by
striking out the word ``or'' at the end of
paragraph (a), by adding the word ``or'' at
the end of paragraph (b) and by adding the
following after paragraph (b):
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| 1994, c. 47,
s. 78
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44. Section 33 of the Act is replaced by the
following:
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| Goods in
transit
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33. If, before the date on which an order
made pursuant to paragraph 23(1)(b),
27(1)(b), 28(1)(b), 36(1)(b) or 38(1)(b),
section 49 or 52, paragraph 54(1)(a) or
subsection 59(2), 59.1(1), (8) or (11),
59.11(2), (13) or (20), 60(1) or (6.1), 60.1(1),
60.11(2), 60.12(1) or 60.4(1) becomes
effective, goods were in transit to Canada, the
goods are entitled to the benefit of the tariff
treatment that was applicable to those goods
before that date if the order specifies that the
tariff treatment shall apply to those goods.
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45. The Act is amended by adding the
following after section 58:
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Canada-Israel Free Trade Agreement |
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Canada-Israel Free Trade Agreement Tariff
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| Goods of
Chapters
1-24, etc.
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58.1 (1) Subject to sections 58.2 and 58.3,
goods of any of Chapters 1 to 24 and tariff item
No. 9828.00.00 that originate in Israel or
another CIFTA beneficiary, and goods of tariff
item No. 9820.00.00 or 9827.00.00, are
entitled to the Canada-Israel Free Trade
Agreement Tariff rates of customs duty, if any,
set out with respect to those goods in Schedule
I.
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| Goods of
Chapters
25-97
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(2) Subject to section 58.2, goods of any of
Chapters 25 to 97, other than goods of heading
No. 35.01 or 35.02 or tariff item No.
6112.41.00, 6112.49.00 or 6211.12.00, that
originate in Israel or another CIFTA
beneficiary are entitled under Schedule I to
the rate of customs duty of free.
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| Goods of
tariff item No.
6112.41.00,
6112.49.00 or
6211.12.00
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(3) Subject to section 58.2, goods of tariff
item No. 6112.41.00, 6112.49.00 or
6211.12.00 that originate in Israel or another
CIFTA beneficiary are entitled under
Schedule I to the following rate of customs
duty:
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| No other Acts
apply
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(4) Notwithstanding any other provision of
this Act, or any other Act of Parliament or any
regulation or order made thereunder, the
benefit of the Canada-Israel Free Trade
Agreement Tariff does not apply, either
generally or specifically or directly or
indirectly, to goods to which the benefit
thereof does not specifically extend under this
section.
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| Conditions
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58.2 Goods that originate in Israel or
another CIFTA beneficiary, other than goods
of tariff item No. 9820.00.00 or 9827.00.00,
are entitled to the benefit of the Canada-Israel
Free Trade Agreement Tariff only if
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Tariff Rate Quota
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| Limits on
reduction of
duty
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58.3 The Governor in Council may, on the
recommendation of the Minister of Foreign
Affairs, by order, specify limits on the
aggregate quantity of goods of tariff item No.
0603.10.21 that are entitled to the benefit of
the Canada-Israel Free Trade Agreement
Tariff, and the limits shall apply during the
periods that may be specified in the order.
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Regulations
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| Definitions
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58.4 (1) The Governor in Council may
make regulations defining the expressions
``Israel or another CIFTA beneficiary'' and
``imported from Israel or another CIFTA
beneficiary''.
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| Incorporation
by reference
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(2) For greater certainty, a regulation made
under subsection (1) incorporating by
reference any document or enactment may
incorporate it as amended from time to time.
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| 1993, c.44,
s. 126
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46. The heading before section 59.1 of the
Act is replaced by the following:
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Global and NAFTA Emergency Measures |
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| 1994, c. 47,
s. 82
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47. Section 59.2 of the Act is replaced by
the following:
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Global Emergency Measures - Israel or another CIFTA Beneficiary |
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| Sections 59.1
and 60 not
applicable to
CIFTA
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59.11 (1) Sections 59.1 and 60 do not apply
in respect of goods that are imported from
Israel or another CIFTA beneficiary.
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| Surtax under
certain
conditions
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(2) Subject to subsection (5), where at any
time it appears to the satisfaction of the
Governor in Council, as a result of
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that goods of any kind imported from Israel or
another CIFTA beneficiary are being
imported into Canada under such conditions
as to cause or threaten serious injury to
domestic producers of like or directly
competitive goods, the Governor in Council
may, on the recommendation of the Minister
of Finance, by order, make any such goods,
when imported into Canada or a region or part
of Canada specified in the order during the
period that the order is in effect, subject to a
surtax
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but no such rate shall, at the maximum, exceed
the rate that in the opinion of the Governor in
Council is sufficient to prevent or remedy
serious injury.
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| Minister's
report
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(3) No report of the Minister of Finance may
be made under paragraph (2)(a) unless
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| Exception for
certain
agricultural
goods in
certain cases
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(4) No order may be made under subsection
(2), as a result of a report of the Minister of
Finance, with respect to any prescribed
agricultural goods that may be subject to a
surtax under section 60.01.
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| Limitation
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(5) An order under subsection (2) may not
be made in respect of goods imported from
Israel or another CIFTA beneficiary unless it
appears to the satisfaction of the Governor in
Council
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that the quantity of such goods
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| Prohibition
against further
orders
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(6) Subject to subsection (7), no order may
be made pursuant to subsection (2) with
respect to goods that have already been the
subject of an order made pursuant to that
subsection or subsection 5(3) of the Export
and Import Permits Act unless, following the
expiration of the order and any related orders
made pursuant to subsection (20) of this
section or subsection 5(3.2) or (4.8) of the
Export and Import Permits Act, there has
elapsed a period equal to the greater of two
years and the total period during which the
order or orders were in effect.
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| Exception
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(7) Where the previous order made pursuant
to subsection (2) was effective with respect to
any goods for a period of one hundred and
eighty days or less, a further order may be
made pursuant to that subsection with respect
to the goods if
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| Period and
revocation
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(8) Every order made pursuant to
subsection (2)
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| Inquiry
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(9) Where an order is made under
subsection (2) on the basis of a report of the
Minister of Finance, the Governor in Council
shall immediately refer the matter to the
Canadian International Trade Tribunal for an
inquiry under paragraph 20(a) of the
Canadian International Trade Tribunal Act.
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