Bill C-81
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RECOMMENDATION |
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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to implement the Canada-Chile Free Trade Agreement and related
agreements''.
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SUMMARY |
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This enactment implements the Free Trade Agreement between
Canada and Chile (the Agreement), signed by the Minister for
International Trade at Santiago on December 5, 1996.
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The general provisions of the enactment specify that no private
recourse may be taken on the basis of the provisions of Part I of the
enactment or any order made under that Part, or the provisions of the
Agreement itself, without the consent of the Attorney General of
Canada.
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Part I of the enactment approves the Agreement and provides for the
designation or appointment of Ministers or other persons to carry out
various functions of the Agreement, the payment by Canada of its share
of the expenditures associated with the operation of the institutional
aspects of the Agreement and the power of the Governor in Council to
make regulations for carrying out the provisions of the enactment.
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Part II of the enactment amends existing laws in order to bring them
into conformity with Canada's obligations under the Agreement.
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Part III of the enactment states that the Governor in Council may not
issue an order bringing into force any of the provisions of the enactment
until the Governor in Council is satisfied that Chile has taken
satisfactory steps to implement the Agreement.
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EXPLANATORY NOTES |
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Canadian International Trade Tribunal Act |
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Clause 19: (1) The definition ``textile and apparel
goods'' in subsection 2(1) reads as follows:
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``textile and apparel goods'' means the textile and apparel goods set out
in Appendix 1.1 of Annex 300-B of Chapter Three of the
Agreement;
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(2) Subsection 2(3) reads as follows:
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(3) For the purposes of this Act, goods are imported from a NAFTA
country if they are shipped directly to Canada from the NAFTA country
within the meaning of sections 17 and 18 of the Customs Tariff.
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Clause 20: New.
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Clause 21: The relevant portion of subsection
19.02(1) reads as follows:
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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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Clause 22: New.
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Clause 23: Section 21.1 reads as follows:
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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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Clause 24: New.
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Clause 25: The relevant portion of subsection 25(2)
reads as follows:
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(2) Where the Tribunal determines under subsection (1) that a
complaint is properly documented, it shall forthwith
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Clause 26: (1) The relevant portion of subsection
26(1) reads as follows:
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26. (1) Subject to subsections (4) to (7), the Tribunal shall, within
thirty days after the day on which notice is given to a complainant that
the complaint is properly documented, commence an inquiry into the
complaint if it is satisfied
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(2) Subsection 26(2.1) reads as follows:
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(2.1) Notwithstanding subsection (2), in the case of a complaint filed
under subsection 23(1.03), the Tribunal shall send to the Minister only
a copy of its decision and a copy of any relevant information examined
by the Tribunal in relation to the complaint that was not previously sent
to the Minister pursuant to subsection 25(2).
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(3) Subsection 26(7) reads as follows:
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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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Clause 27: (1) The relevant portion of subsection
27(1) reads as follows:
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27. (1) The Tribunal shall, in an inquiry into a complaint, determine
whether, having regard to any regulations made pursuant to paragraph
40(a),
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(2) New.
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Clause 28: New.
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Clause 29: Subsection 30.03(1) reads as follows:
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30.03 (1) The Tribunal shall cause to be published in the Canada
Gazette a notice of the expiration date of any order that imposes a surtax
on any goods pursuant to subsection 59.1(1), (8) or (11) or 59.11(2),
(13) or (20) of the Customs Tariff or includes any goods on the Import
Control List pursuant to subsection 5(3), (3.2), (4.01) or (4.8) of the
Export and Import Permits Act, but no notice shall be published if
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Clause 30: Subsection 30.04(1) reads as follows:
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30.04 (1) Any domestic producer of goods that are like or directly
competitive with any goods that are subject to an order referred to in
subsection 30.03(1), or any person or association acting on behalf of
such a domestic producer, may file with the Tribunal a written request
that an extension order be made pursuant to subsection 59.1(8) or
59.11(13) of the Customs Tariff or subsection 5(3.2) of the Export and
Import Permits Act because an order continues to be necessary to
prevent or remedy serious injury to domestic producers of like or
directly competitive goods.
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Clause 31: The relevant portion of subsection 39(1)
reads as follows:
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39. (1) The Tribunal may, after consultation with the Minister and
with the approval of the Governor in Council, make rules, not
inconsistent with this or any other Act of Parliament,
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Commercial Arbitration Act |
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Clause 32: Subsection 5(4) reads as follows:
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(4) For greater certainty, the phrase ``commercial arbitration'' in
Article 1(1) of the Code includes a claim under Article 1116 or 1117 of
the Agreement, as defined in subsection 2(1) of the North American
Free Trade Agreement Implementation Act.
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Crown Liability and Proceedings Act |
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Clause 33: (1) The definitions ``appropriate
Commission'', ``panel'' and ``panel determination''
read as follows:
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``appropriate Commission'' means
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``panel'' means an arbitral panel convened under Article 24 of the
Environmental Cooperation Agreement or Article 29 of the Labor
Cooperation Agreement;
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``panel determination'' means a panel determination as defined in
Annex 36A of the Environmental Cooperation Agreement or Annex
41A of the Labor Cooperation Agreement.
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(2) New.
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Clause 34: The relevant portion of subsection 20.4(2)
reads as follows:
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(2) Subject to section 20.3, no panel determination, including a panel
determination that is made an order of the Federal Court, no
determination or proceedings of a panel made or carried on or
purporting to be made or carried on under the Environmental
Cooperation Agreement or the Labor Cooperation Agreement, no order
or decision made by the Federal Court in any proceedings referred to in
subsection 20.3(2) and no proceedings of that Court made or carried on
or purporting to be made or carried on under that subsection shall be
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Customs Act |
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Clause 35: (1) The definitions ``Canada-United States
Free Trade Agreement'' and ``United States'' in
subsection 2(1) read as follows:
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``Canada-United States Free Trade Agreement'' has the meaning given
to the term ``Agreement'' by the Canada-United States Free Trade
Agreement Implementation Act;
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``United States'' means
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(2) The definition ``Certificate of Origin'' in
subsection 2(1) reads as follows:
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``Certificate of Origin'' means the proof of origin form for goods for
which preferential tariff treatment under NAFTA or preferential
tariff treatment under CIFTA is claimed, prescribed under subsection
35.1(1) and subject to the regulations made pursuant to paragraph
35.1(4)(b);
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(3) and (4) New.
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Clause 36: (1) The relevant portion of subsection
32.2(1) reads as follows:
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32.2 (1) An importer or owner of goods for which preferential tariff
treatment under NAFTA has been claimed or any person authorized to
account for those goods by regulations made pursuant to paragraph
32(6)(a) or under subsection 32(7) shall, within ninety days after the
importer, owner or person has reason to believe that a declaration of
origin for those goods made under this Act is incorrect,
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(2) Subsection 32.2(1.1) reads as follows:
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(1.1) An importer or owner of goods for which preferential tariff
treatment under CIFTA has been claimed or any person authorized to
account for those goods by regulations made pursuant to paragraph
32(6)(a) or under subsection 32(7) shall, within ninety days after the
importer, owner or person has reason to believe that a declaration of
origin for those goods made under this Act is incorrect,
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Clause 37: Subsections 35.1(5) and (6) read as
follows:
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(5) Preferential tariff treatment under NAFTA may be denied or
withdrawn in respect of goods imported from a NAFTA country for
which such treatment is claimed where the importer, owner or other
person required to furnish proof of origin of the goods under this section
fails to comply with any provision of this Act or the Customs Tariff
concerning preferential tariff treatment under NAFTA in respect of the
goods.
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(6) Preferential tariff treatment under CIFTA may be denied or
withdrawn in respect of goods imported from Israel or another CIFTA
beneficiary for which that treatment is claimed where the importer,
owner or other person required to furnish proof of origin of the goods
under this section fails to comply with any provision of this Act or the
Customs Tariff concerning preferential tariff treatment under CIFTA in
respect of the goods.
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Clause 38: The headings before section 42.1 and
sections 42.1 to 42.6 read as follows:
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Verifications under NAFTA |
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Entering Prescribed Premises or Place
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42.1 (1) Any officer, or any officer within a class of officers,
designated by the Minister for the purposes of this section may at all
reasonable times and subject to the prescribed conditions enter any
prescribed premises or place
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(2) Where an exporter or producer of goods that are subject to a
verification of origin under this section does not consent to the
verification of origin within the prescribed time, preferential tariff
treatment under NAFTA may be withdrawn from the goods.
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Statement of Origin
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42.2 (1) For the purposes of this section and section 42.3, ``customs
administration'' has the meaning assigned to that expression by Article
514 of NAFTA.
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(2) On completion of a verification of origin under paragraph
42.1(1)(a) or by such other manner as may be prescribed, an officer
designated pursuant to subsection 42.1(1) shall provide the exporter or
producer whose goods are subject to the verification of origin with a
statement as to whether the goods are eligible for preferential tariff
treatment under NAFTA under the regulations made pursuant to section
13 of the Customs Tariff.
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(3) A statement referred to in subsection (2) shall include any
findings of fact or law on which it was based.
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Effective Date of Re-determination of Origin
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42.3 (1) Subject to subsection (3), where the result of a
re-determination of origin made under section 61 as applied by
subsection 57.2(3.1) in respect of goods that are the subject of a
verification of origin under this Act, is that
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the re-determination of origin shall not take effect until notice of it is
given to the importer of the goods and any person who completed and
signed a Certificate of Origin for the goods.
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(2) A re-determination of origin referred to in subsection (1) shall not
be applied to goods imported before the date on which the notice was
given, where the customs administration of the NAFTA country from
which the goods were exported has, before that date,
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(3) The date on which a re-determination of origin referred to in
subsection (1) takes effect shall be postponed for a period not exceeding
ninety days, where the importer of the goods that are the subject of the
re-determination or any person who completed and signed a Certificate
of Origin for the goods establishes to the satisfaction of the Minister that
the importer or the person, as the case may be, has relied in good faith,
to the detriment of the importer or person, on the tariff classification or
value applied to the materials referred to in that subsection by the
customs administration of the NAFTA country from which the goods
were exported.
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Denial or Withdrawal of Benefit of Preferential Tariff Treatment
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42.4 (1) In this section, ``identical goods'' has the meaning assigned
to that expression by Article 514 of NAFTA.
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(2) Notwithstanding subsection 25.2(5.1) of the Customs Tariff, the
Minister may, subject to the prescribed conditions, deny or withdraw
preferential tariff treatment under NAFTA in respect of goods imported
from a NAFTA country for which such treatment is claimed, where the
exporter or producer of the goods has made false representations that
identical goods exported or produced by that exporter or producer that
are imported from a NAFTA country and for which preferential tariff
treatment under NAFTA is claimed are eligible for such treatment.
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Verifications under CIFTA |
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Verification of Origin
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42.5 (1) Any officer, or any officer within a class of officers,
designated by the Minister for the purposes of this section, or any person
within a class of persons designated by the Minister to act on behalf of
such an officer, may, subject to the prescribed conditions, conduct a
verification of origin of goods imported from Israel or another CIFTA
beneficiary for which preferential tariff treatment under CIFTA is
claimed
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(2) Where an exporter or producer of goods that are subject to a
verification of origin under subsection (1) fails to comply with the
prescribed requirements or, in the case of a verification of origin under
paragraph (1)(a), does not consent to the verification of origin in the
prescribed manner and within the prescribed time, preferential tariff
treatment under CIFTA may be withdrawn from the goods.
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Statement of Origin
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42.6 (1) On completion of a verification of origin under subsection
42.5(1), an officer designated pursuant to that subsection shall provide
the exporter or producer whose goods are subject to the verification of
origin with a statement as to whether the goods are eligible for
preferential tariff treatment under CIFTA under the regulations made
pursuant to section 13 of the Customs Tariff.
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(2) A statement referred to in subsection (1) shall include any
findings of fact or law on which it was based.
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Clause 39: Section 43.1 reads as follows:
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43.1 (1) Any officer, or any officer within a class of officers,
designated by the Minister for the purposes of this section shall, prior
to the importation of goods from a NAFTA country, on application by
any member of a prescribed class, within the prescribed time, in the
prescribed manner and in the prescribed form containing the prescribed
information, give an advance ruling with respect to any matter
concerning those goods that is set out in paragraph 1 of Article 509 of
NAFTA.
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(1.1) Any officer, or any officer within a class of officers, designated
by the Minister for the purposes of this section shall, before goods are
imported from Israel or another CIFTA beneficiary, on application by
any member of a prescribed class that is made within the prescribed
time, in the prescribed manner and in the prescribed form containing the
prescribed information, give an advance ruling with respect to whether
the goods qualify as originating goods and are entitled to the benefit of
preferential tariff treatment under CIFTA.
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(2) The Governor in Council may make regulations respecting
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Clause 40: Subsections 57.2(2.1) to (9) read as
follows:
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(2.1) Subject to subsection (3.1), a determination of the origin of
imported goods under this section is final unless, in the case of goods
other than goods imported from a NAFTA country for which
preferential tariff treatment under NAFTA is claimed, a
re-determination of the origin of the imported goods is made by the
Minister within two years after they are accounted for under subsection
32(1), (3) or (5).
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(2.2) The operation of subsection (3) is suspended during the period
in which subsection (2.1) is in force.
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(3) Subject to subsection (4), a determination of the origin of
imported goods under this section is final unless, in the case of goods
other than goods imported from the United States, a re-determination of
the origin of the imported goods is made by the Minister within two
years after they are accounted for under subsection 32(1), (3) or (5).
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(3.01) Subsections (2.1) and (3) do not apply in respect of goods
imported from Israel or another CIFTA beneficiary for which
preferential tariff treatment under CIFTA is claimed.
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(3.1) Subject to this section, sections 58 to 72 apply, with such
modifications as the circumstances require, in respect of a
determination of origin under this section as to the origin of goods
imported from a NAFTA country for which preferential tariff treatment
under NAFTA is claimed as if it were a determination of the tariff
classification of the goods, and, for greater certainty, any matter that
may be prescribed in relation to a request referred to in subsection 60(2)
or 63(2) may be prescribed in relation to a request for a re-determination
or further re-determination of the origin of the goods.
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(3.2) In addition to the importer or any person who is liable to pay
duties owing on the goods, other than a person authorized by
regulations made pursuant to paragraph 32(6)(a) or under subsection
32(7) to account for the goods, any person who has completed and
signed a Certificate of Origin for goods imported from a NAFTA
country for which preferential tariff treatment under NAFTA is claimed
that are the subject of a determination of origin under this section is
entitled to request a re-determination of the origin of those goods under
subsection 60(1) as applied by subsection (3.1).
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(3.3) In addition to the person who accounted for the goods under
subsection 32(1), (3) or (5), the importer of the goods or the person who
was the owner of the goods at the time of release, any person who has
completed and signed a Certificate of Origin for goods imported from
a NAFTA country for which preferential tariff treatment under NAFTA
is claimed that are the subject of a determination of origin under this
section is entitled to be given notice of the re-determination of the origin
of those goods under section 61 or 64 as applied by subsection (3.1), as
the case may be.
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(3.4) In the case of a re-determination by a designated officer of the
origin of goods imported from a NAFTA country for which preferential
tariff treatment under NAFTA is claimed that are the subject of a
determination of origin under this section, the reference in subsection
62(1) to ``the person who was given notice of the decision thereunder''
and the reference in subsection 62(2) to ``the person referred to in that
subsection'' shall be read as a reference to
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(3.5) In the case of a re-determination by the Deputy Minister of the
origin of goods imported from a NAFTA country for which preferential
tariff treatment under NAFTA is claimed that are the subject of a
determination of origin under this section, the reference in subsection
65(1) to ``the person who is given notice of the decision thereunder''
and in subsection 65(2) to ``the person'' shall be read as a reference to
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(3.6) The operation of subsection (4) is suspended during the period
in which subsections (3.1) to (3.5) are in force.
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(4) Sections 58 to 72 apply, with such modifications as the
circumstances require, in respect of a determination under this section
as to the origin of goods imported from the United States, as if it were
a determination of the tariff classification of the goods, and, for greater
certainty, any matter that may be prescribed in relation to a request
referred to in subsection 60(2) or 63(2) may be prescribed in relation to
a request for a re-determination or further re-determination of the origin
of goods.
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(5) Subject to this section, sections 58 to 72 apply, with such
modifications as the circumstances require, in respect of a
determination of origin under this section as to the origin of goods
imported from Israel or another CIFTA beneficiary for which
preferential tariff treatment under CIFTA is claimed as if it were a
determination of the tariff classification of the goods, and, for greater
certainty, any matter that may be prescribed in relation to a request
referred to in subsection 60(2) or 63(2) may be prescribed in relation to
a request for a re-determination or further re-determination of the origin
of the goods.
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(6) In addition to the importer or any person who is liable to pay
duties owing on the goods, other than a person authorized by
regulations made pursuant to paragraph 32(6)(a) or under subsection
32(7) to account for the goods, any person who has completed and
signed a Certificate of Origin for goods imported from Israel or another
CIFTA beneficiary for which preferential tariff treatment under CIFTA
is claimed that are the subject of a determination of origin under this
section is entitled to request a re-determination of the origin of those
goods under subsection 60(1) as applied by subsection (5).
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(7) In addition to the person who accounted for the goods under
subsection 32(1), (3) or (5), the importer of the goods or the person who
was the owner of the goods at the time of release, any person who has
completed and signed a Certificate of Origin for goods imported from
Israel or another CIFTA beneficiary for which preferential tariff
treatment under CIFTA is claimed that are the subject of a determination
of origin under this section is entitled to be given notice of the
re-determination of the origin of those goods under section 61 or 64 as
applied by subsection (5), as the case may be.
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(8) In the case of a re-determination by a designated officer of the
origin of goods imported from Israel or another CIFTA beneficiary for
which preferential tariff treatment under CIFTA is claimed that are the
subject of a determination of origin under this section, the reference in
subsection 62(1) to ``the person who was given notice of the decision
under that section'' and the reference in subsection 62(2) to ``the person
referred to in that subsection'' shall be read as references to
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(9) In the case of a re-determination by the Deputy Minister of the
origin of goods imported from Israel or another CIFTA beneficiary for
which preferential tariff treatment under CIFTA is claimed that are the
subject of a determination of origin under this section, the reference in
subsection 65(1) to ``the person who is given notice of the decision
under that section'' and the reference in subsection 65(2) to ``the
person'' shall be read as references to
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Clause 41: The relevant portion of section 64 reads as
follow:
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64. The Deputy Minister may re-determine the tariff classification or
marking determination or re-appraise the value for duty of imported
goods
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Clause 42: Section 72 reads as follows:
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72. No security may be given under paragraph 58(2)(a), 62(1)(a) or
65(1)(a) or subsection 69(1) in respect of any amount owing as surtaxes
levied under section 59, 59.1, 59.11 or 60 of the Customs Tariff,
temporary duties levied under section 60.1, 60.11, 60.12, 60.2, 60.3 or
60.4 of that Act or surcharges levied under section 61 of that Act.
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Clause 43: (1) and (2) The relevant portion of
subsection 74(1) reads as follows:
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74. (1) Subject to this section, section 75 and any regulations made
under section 81, the Minister may grant to any person who paid duties
on imported goods pursuant to this Act a refund of the whole or part of
the duties paid thereon where
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(3) Subsection 74(1.1) and (1.2) read as follows:
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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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(1.2) The operation of paragraph (1)(d) is suspended during the
period in which paragraphs (1)(c.1) and (c.2) are in force.
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(4) The relevant portion of subsection 74(3) reads as
follows:
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(3) No refund shall be granted under subsection (1) in respect of a
claim unless
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(5) Subsections 74(4) to (6) read as follows:
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(4) A denial of an application for a refund under paragraph (1)(c.1)
on the ground that the goods on which the claimant has paid duties are
not eligible for preferential tariff treatment under NAFTA 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(3.1).
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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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(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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(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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Clause 44: Sections 97.01 to 97.11 read as follows:
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97.01 (1) Every exporter of goods to a NAFTA country for which
tariff treatment under NAFTA will be claimed in accordance with the
laws of that country shall certify in writing in the prescribed form and
containing the prescribed information that goods exported or to be
exported from Canada to a NAFTA country meet the rules of origin set
out in, or contemplated by, NAFTA 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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(2) Every exporter or producer of goods who, for the purpose of
enabling any person to comply with the laws of a NAFTA country
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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(3) Any 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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(4) The operation of section 97.1 is suspended during the period in
which this section is in force.
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97.1 Every person who, for the purpose of enabling any person to
comply with the laws of the United States relating to customs, certifies
in writing that goods exported, or to be exported, to the United States
meet rules of origin set out in, or contemplated by, the Canada-United
States Free Trade Agreement or certifies in writing to like effect shall,
on the request of an officer, provide the officer with a copy of the
certificate.
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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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(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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(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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Clause 45: Subsection 97.2(1) reads as follows:
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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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Clause 46: The relevant portion of section 153 reads
as follows:
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153. No person shall
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Clause 47: (1) New.
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(2) and (3) The relevant portion of subsection 164(4)
reads as follows:
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(4) No proposed regulation need be published under subsection (3)
that
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Customs Tariff |
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Clause 48: (1) New.
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(2) Subsection 2(2) reads as follows:
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(2) For the purposes of this Act, goods are imported from a NAFTA
country if they are shipped directly to Canada from the NAFTA country.
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Clause 49: New.
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Clause 50: Subsection 21(5) reads as follows:
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(5) The symbol ``N/A'', where it appears in the column ``Mexico
Tariff'', ``Mexico-United States Tariff'' or ``NAFTA Staging
Category'' of a tariff item in Schedule I, indicates that there is no Mexico
Tariff or Mexico-United States Tariff rate of customs duty or tariff
reduction in stages as specified in subsection 25.2(3) and (3.1), as the
case may be, for that tariff item.
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Clause 51: New.
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Clause 52: Section 33 reads as follows:
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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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Clause 53: The heading before section 59.1 reads as
follows:
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Global and NAFTA Emergency Measures |
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Clause 54: (1) Subsection 59.1(3) and (3.1) read as
follows:
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(3) Notwithstanding subsection (1), no order under subsection (1)
may be made applicable to goods of any kind imported from a NAFTA
country 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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(3.1) Subject to subsection (3.2), no order may be made pursuant to
subsection (1) 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 59.1(8) or (11)
of the Customs Tariff or subsection 5(3.2) or (4.01) 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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(2) Subsections 59.1(6) and (7) read as follows:
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(6) Where an order that applies to goods imported from a NAFTA
country is made pursuant to subsection (1) on the basis of a report of the
Minister of Finance, the order ceases to have effect with respect to those
goods on the expiration of the two hundredth day after the day on which
the order is made, unless, before the order so ceases to have effect, the
Canadian International Trade Tribunal reports to the Governor in
Council pursuant to the Canadian International Trade Tribunal Act that
the quantity of the goods
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in which case the order shall remain in effect for such period, not
exceeding four years, as is specified in the order.
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(7) Where an order that applies to goods imported from a NAFTA
country is made pursuant to subsection (1) on the basis of a report of the
Minister of Finance, that order shall be revoked by the Governor in
Council if the Governor in Council is satisfied on the basis of a report
of the Canadian International Trade Tribunal, made pursuant to the
Canadian International Trade Tribunal Act, that the quantity of goods
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(3) The relevant portion of subsection 59.1(8) reads as
follows:
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(8) Where, at any time before the expiration of an order with respect
to any goods made pursuant to this subsection, subsection (1) or (11) of
this section or subsection 5(3), (3.2) or (4.01) of the Export and Import
Permits Act, it appears to the satisfaction of the Governor in Council, as
a result of an inquiry made by the Canadian International Trade
Tribunal under section 30.07 of the Canadian International Trade
Tribunal Act, that
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the Governor in Council may, on the recommendation of the Minister
of Finance, make an extension order imposing a surtax on any goods
specified in the previous order imported from any country specified in
the extension order.
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(4) Subsection 59.1(8.3) reads as follows:
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(8.3) Notwithstanding subsection (8), no extension order under
subsection (8) may be made applicable to goods of any kind imported
from a NAFTA country unless it appears to the satisfaction of the
Governor in Council, pursuant to a report under the Canadian
International Trade Tribunal Act, that the quantity of such goods
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(5) The relevant portion of subsection 59.1(8.4) reads
as follows:
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(8.4) Every extension order made pursuant to subsection (8)
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(6) Subsections 59.1(11) to (14) read as follows:
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(11) Where an order has been made under subsection (1) or (8)
imposing a surtax that does not apply to goods imported from a NAFTA
country because the quantity of such goods is not substantial in
comparison with the quantity of goods of the same kind imported from
other countries or because such goods imported from the NAFTA
country alone or, in exceptional circumstances, together with goods of
the same kind imported from each other NAFTA country, do not
contribute importantly to the serious injury or threat thereof to domestic
producers of like or directly competitive goods and the Governor in
Council is satisfied, on the recommendation of the Minister of Finance
made as a result of an inquiry by the Canadian International Trade
Tribunal, that
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the Governor in Council may, by order, make any goods of that kind that
are imported from the NAFTA country, when imported into Canada or
any region or part thereof specified in the order during the period that
the order is in effect, subject to a surtax at a rate specified in the order,
or at a rate specified in the order that varies from time to time as the
quantity of such goods imported into Canada or that region or part
thereof during a period specified in the order equals or exceeds totals
specified in the order, but no such rate shall, at the maximum, exceed
the rate that, in the opinion of the Governor in Council, is sufficient to
prevent the undermining of the effectiveness of the order under
subsection (1) or (8).
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(12) The rate of a surtax imposed on goods imported from a NAFTA
country under subsection (1), (8) or (11) need not be the same rate as that
imposed under subsection (1) or (8) on goods of the same kind imported
from any other country, but it shall in no case exceed the rate of surtax
imposed under subsection (1) or (8) on goods of the same kind imported
from any other country.
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(13) Where the Governor in Council makes an order under
subsection (1) or (8) that applies to goods imported from a NAFTA
country by virtue of subsection (3) or (8.3) or makes an order under
subsection (11), the Governor in Council shall, in respect of goods
imported from a NAFTA country, be guided by the provisions of
subparagraph 5(b) of Article 802 of the North American Free Trade
Agreement.
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(14) For the purposes of this section, ``contribute importantly'' and
``surge'' have the meaning given those expressions by Article 805 of the
North American Free Trade Agreement.
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(7) Subsections 59.1(18) reads as follows:
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(18) The operation of section 60 is suspended during the period in
which this section is in force.
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Clause 55: Section 59.11 and the heading before it
read as follows:
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Global Emergency Measures - Israel or another CIF TA Beneficiary |
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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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(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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(3) No report of the Minister of Finance may be made under
paragraph (2)(a) unless
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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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(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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(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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(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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(8) Every order made pursuant to subsection (2)
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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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(10) For the purpose of carrying out Article 6 of the Agreement on
Safeguards in Annex 1A of the World Trade Organization Agreement,
the Governor in Council may, on the recommendation of the Minister
of Finance, by order, refund any surtaxes paid as required by an order
made pursuant to paragraph (2)(a).
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(11) Where an order is made pursuant to subsection (2) in respect of
goods imported from Israel or another CIFTA beneficiary on the basis
of a report of the Minister of Finance, the order ceases to have effect with
respect to those goods on the expiration of the two hundredth day after
the day on which the order is made, unless, before the order so ceases
to have effect, the Canadian International Trade Tribunal reports to the
Governor in Council pursuant to the Canadian International Trade
Tribunal Act that the quantity of the goods
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in which case the order shall remain in effect for such period, not
exceeding four years, as is specified in the order.
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(12) Where an order is made pursuant to subsection (2) in respect of
goods imported from Israel or another CIFTA beneficiary on the basis
of a report of the Minister of Finance, the order shall be revoked by the
Governor in Council if the Governor in Council is satisfied, on the basis
of a report of the Canadian International Trade Tribunal, made pursuant
to the Canadian International Trade Tribunal Act, that the quantity of
the goods
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(13) Subject to subsection (16), where, at any time before the
expiration of an order with respect to any goods made pursuant to this
subsection, subsection (2) or (20) of this section or subsection 5(3),
(3.2) or (4.8) of the Export and Import Permits Act, it appears to the
satisfaction of the Governor in Council, as a result of an inquiry made
by the Canadian International Trade Tribunal under section 30.07 of the
Canadian International Trade Tribunal Act, that
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the Governor in Council may, on the recommendation of the Minister
of Finance, make an extension order imposing a surtax on any goods
specified in the previous order imported from Israel or another CIFTA
beneficiary.
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(14) Where an extension order is made pursuant to subsection (13),
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(15) The rate specified in the extension order shall not exceed
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(16) An extension order under subsection (13) 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, pursuant
to a report made under the Canadian International Trade Tribunal Act,
that the quantity of such goods
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(17) Every extension order made pursuant to subsection (13)
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(18) Notwithstanding anything in this section, where an order made
pursuant to subsection (2), (13) or (20) remains in effect by reason of
any provision of this section and a resolution praying that it be revoked
is adopted by both Houses of Parliament, the order shall cease to have
effect on the day that the resolution is adopted or, if the adopted
resolution specifies a day on which the order shall cease to have effect,
on that specified day.
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(19) Where an order made pursuant to
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the Minister of Finance shall cause a notice to that effect to be published
in the Canada Gazette.
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(20) Where an order has been made under subsection 59.1(1) or (8)
in respect of goods and the Governor in Council is satisfied, on the
recommendation of the Minister of Finance made as a result of an
inquiry by the Canadian International Trade Tribunal, that
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the Governor in Council may, by order, make any goods of that kind that
are imported from Israel or another CIFTA beneficiary, when imported
into Canada or any region or part of Canada specified in the order during
the period that the order is in effect, subject to a surtax at a rate specified
in the order, or at a rate specified in the order that varies from time to time
as the quantity of such goods imported into Canada or that region or part
of Canada during a period specified in the order equals or exceeds totals
specified in the order, but no such rate shall, at the maximum, exceed
the rate that, in the opinion of the Governor in Council, is sufficient to
prevent the undermining of the effectiveness of the order under
subsection 59.1(1) or (8).
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(21) The rate of a surtax imposed on goods imported from Israel or
another CIFTA beneficiary under subsection (2), (13) or (20) need not
be the same rate as that imposed under subsection 59.1(1) or (8) on
goods of the same kind imported from any other country, but it shall in
no case exceed the rate of surtax imposed under subsection 59.1 (1) or
(8) on goods of the same kind imported from any other country.
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(22) Where the Governor in Council makes an order under
subsection (2), (13) or (20), the Governor in Council shall be guided by
the provisions of subparagraph 5(b) of Article 4.6 of the Canada-Israel
Free Trade Agreement.
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(23) Subsection (4) ceases to be in force on December 31, 2008.
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(24) The Governor in Council may make regulations for carrying out
the purposes of this section and may, by order, suspend the surtax or rate
in whole or in part from application to the goods of any country or any
class of such goods.
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(25) The decision of the Governor in Council is final on any question
that may arise regarding the application of the surtax or rate imposed
pursuant to this section.
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(26) For the purposes of this section, every order made, before this
section is in force, under subsection 59.1(1) or (8) in respect of goods
imported from Israel or another CIFTA beneficiary is deemed to have
been made under subsection (2).
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Clause 56: Section 59.2 reads as follows:
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59.2 Where at any time it appears to the satisfaction of the Governor
in Council, as a result of a mid-term review by the Canadian
International Trade Tribunal under section 19.02 of the Canadian
International Trade Tribunal Act, that an order imposing or extending
the application of a surtax under section 59.1 or 59.11 should be
revoked or amended, the Governor in Council may, on the
recommendation of the Minister of Finance, by order, revoke or amend
the order.
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Clause 57: Section 60 of the Act and the heading
before it read as follows:
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Global and United States Emergency Measures |
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60. (1) 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, that originate in any country, are being imported
into Canada under such conditions as to cause or threaten serious injury
to Canadian producers of like or directly competitive products, the
Governor in Council may, on the recommendation of the Minister of
Finance, by order, make any goods of that kind that originate in any
country specified in the order, when imported into Canada or any region
or part thereof 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 further such
injury or the threat of such injury.
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(1.1) No order may be made under subsection 60(1), as a result of a
report of the Minister of Finance, with respect to any fresh fruit or
vegetable originating in the United States and referred to in subsection
60.2(1) that may be subject to a temporary duty under that subsection.
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(1.2) Notwithstanding subsection (1), no order under subsection (1)
may be made applicable to goods of any kind originating in the United
States unless it appears to the satisfaction of the Governor in Council
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that the quantity of such goods is substantial in comparison with the
quantity of goods of the same kind originating in other countries and
that the importation of such goods originating in the United States
contributes importantly to serious injury or threat thereof to Canadian
producers of like or directly competitive goods.
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(2) Every order made pursuant to subsection (1)
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(3) Where an order is made pursuant to subsection (1) on the basis
of a report of the Minister of Finance, the order ceases to have effect on
the expiration of the one hundred and eightieth day from the day on
which the order is made if Parliament is then sitting or, if Parliament is
not then sitting, on the expiration of the fifteenth sitting day after that
day, unless before the order so ceases to have effect
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in which case the order shall remain in effect for the period referred to
in paragraph (2)(a).
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(3.1) Where an order that applies to goods originating in the United
States is made pursuant to subsection (1) on the basis of a report of the
Minister of Finance, the order ceases to have effect with respect to those
goods on the expiration of the one hundred and eightieth day from the
day on which the order is made if Parliament is then sitting, or, if
Parliament is not then sitting, on the expiration of the fifteenth sitting
day after that day, unless, before the order so ceases to have effect,
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in which case the order shall remain in effect for the period referred to
in paragraph (2)(a).
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(3.2) Where an order that applies to goods originating in the United
States is made pursuant to subsection (1) on the basis of a report of the
Minister of Finance, that order shall be revoked by the Governor in
Council if the Governor in Council is satisfied on the basis of a report
of the Canadian International Trade Tribunal, made pursuant to the
Canadian International Trade Tribunal Act, that the quantity of goods
originating in the United States is not substantial in comparison with the
quantity of goods of the same kind originating in other countries, or that
the goods originating in the United States do not contribute importantly
to the serious injury or threat thereof to Canadian producers of like or
directly competitive products.
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(4) For the purposes of subsections (3) and (3.1), a day on which
either House of Parliament sits shall be deemed to be a sitting day.
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(5) Notwithstanding anything in this section, where an order made
pursuant to subsection (1) remains in effect by reason of any provision
of this section and a resolution praying that it be revoked is adopted by
both Houses of Parliament, the order shall cease to have effect on the
day that the resolution is adopted or, if the adopted resolution specifies
a day on which the order shall cease to have effect, on that specified day.
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(6) Where an order made pursuant to subsection (1)
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the Minister of Finance shall cause a notice to that effect to be published
in the Canada Gazette.
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(6.1) Where an order has been made under subsection (1) imposing
a surtax that does not apply to goods originating in the United States
because the quantity of such goods is not substantial in comparison with
the quantity of goods of the same kind originating in other countries or
because such goods originating in the United States do not contribute
importantly to the serious injury or threat thereof to Canadian producers
of like or directly competitive products and it appears to the satisfaction
of the Governor in Council, on a report of the Minister of Finance, that
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the Governor in Council may, by order, on the recommendation of the
Minister of Finance, make any goods of that kind that originate in the
United States, when imported into Canada or any region or part thereof
specified in the order during the period that the order is in effect, subject
to a surtax at a rate specified in the order, or at a rate specified in the order
that varies from time to time as the quantity of such goods imported into
Canada or that region or part thereof during a period specified in the
order equals or exceeds totals specified in the order, but no such rate
shall, at the maximum, exceed the rate that, in the opinion of the
Governor in Council, is sufficient to prevent the undermining of the
effectiveness of the order under subsection (1).
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(6.2) The rate of a surtax imposed on goods originating in the United
States under subsection (1) or (6.1) need not be the same rate as that
imposed under subsection (1) on goods of the same kind originating in
other countries.
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(6.3) Where the Governor in Council makes an order under
subsection (1) that applies to goods originating in the United States by
virtue of subsection (1.2) or makes an order under subsection (6.1), the
Governor in Council shall, in respect of goods originating in the United
States, be guided by the provisions of subparagraph 4(b) of Article 1102
of the Canada-United States Free Trade Agreement.
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(6.4) For the purposes of this section, ``surge'' has the meaning given
that term by Article 1104 of the Canada-United States Free Trade
Agreement.
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(6.5) Subsection (1.1) shall cease to be in force on the expiration of
twenty years after the coming into force of that subsection.
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(7) The Governor in Council may make regulations for carrying out
the purposes of this section and may, by order, suspend the surtax or rate
in whole or in part from application to the goods of any country or any
class of such goods.
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(8) The decision of the Governor in Council is final on any question
that may arise regarding the application of the surtax or rate imposed
pursuant to this section.
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Clause 58: New.
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Clause 59: Subsection 60.2(4) reads as follows:
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(4) No order shall be made in respect of a fresh fruit or vegetable
pursuant to subsection (1) during any period in which an order made
pursuant to subsection 59.1(1), (8) or (11), 60(1) or (6.1) or 60.1(1) of
this Act or subsection 5(3), (3.2), (4.01) or (4.2) of the Export and
Import Permits Act in respect of the same fresh fruit or vegetable that is
entitled to the benefit of the United States Tariff is in force and any such
order made pursuant to subsection (1) shall not have any force or effect
during any such period.
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Clause 60: Subsection 60.3(4) reads as follows:
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(4) Any order made pursuant to subsection 59.1(1), (8) or (11) of this
Act or subsection 5(3), (3.2) (4.01) or (4.2) of the Export and Import
Permits Act shall have effect in respect of goods referred to in
subsection (2) only during any period in which the limits specified
under subsection (3) for those goods have not been exceeded.
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Clause 61: The heading before section 60.4 reads as
follows:
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Bilateral Emergency Measures for Textile and Apparel Goods |
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Clause 62: New.
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Clause 63: The relevant portion of subsection 62(1)
reads as follows:
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62. (1) The Governor in Council may, on the recommendation of the
Minister of Finance, by order,
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Clause 64: The definition ``customs duties'' in section
66 reads as follows:
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``customs duties'' means the customs duties imposed under Part I, other
than surtaxes imposed under section 59, 59.1, 59.11, 60 or 60.01,
temporary duties imposed under section 60.1, 60.12 or 60.2 or
surcharges imposed under section 61;
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Clause 65: Subsection 83.01(1) reads as follows:
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83.01 (1) In sections 83.02 and 83.03, ``customs duties'' means any
customs duties imposed on imported goods under Part I, other than
additional customs duties levied under section 20, or surtaxes imposed
under section 59, 59.1, 59.11, 60 or 60.01, temporary duties imposed
under section 60.1, 60.11, 60.12, 60.2 or 60.4 or surcharges imposed
under section 61.
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Clause 66: (1) The relevant portion of subsection
95(1) reads as follows:
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95. (1) The Governor in Council may make regulations
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(2) New.
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Clause 67: The relevant portion of subsection 100(5)
reads as follows:
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(5) For the purposes of this section, the Governor in Council may
make regulations prescribing
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Clause 68: This amendment amends Schedule I to the
Act.
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Clause 69: This amendment amends Schedule II to the
Act.
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Export and Import Permits Act |
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Clause 70: (1) The definitions ``Free Trade
Agreement'' and ``goods imported from a NAFTA
country'' in section 2 read as follows:
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``Free Trade Agreement'' has the meaning given to the term
``Agreement'' by the Canada-United States Free Trade Agreement
Implementation Act;
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``goods imported from a NAFTA country'' means goods that are
shipped directly to Canada from a NAFTA country within the
meaning of sections 17 and 18 of the Customs Tariff;
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(2) and (3) New.
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Clause 71: The definitions ``contribute importantly''
and ``surge'' in subsection 4.2(1) read as follows:
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``contribute importantly'', in respect of goods imported from a NAFTA
country, has the meaning given that expression by Article 805 of
NAFTA;
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``surge'', in respect of goods imported from a NAFTA country, has the
meaning given that word by Article 805 of NAFTA;
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Clause 72: (1) Subsections 5(3.1) to (4.92) read as
follows:
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(3.1) No order may be made pursuant to subsection (3) with respect
to goods that have already been the subject of an order made pursuant
to that subsection or subsection 59.1(1) or 59.11(2) of the Customs
Tariff unless, following the expiration of the order and any related
orders made pursuant to subsection (3.2), (4.01) or (4.8) of this section
or subsection 59.1(8) or (11) or 59.11(13) or (20) of the Customs Tariff,
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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(3.2) Where at any time before the expiration of an order made with
respect to any goods pursuant to this subsection or subsection (3), (4.01)
or (4.8) of this section or subsection 59.1(1), (8) or (11) or 59.11(2), (13)
or (20) of the Customs Tariff it appears to the satisfaction of the
Governor in Council, as a result of an inquiry made by the Canadian
International Trade Tribunal under section 30.07 of the Canadian
International Trade Tribunal Act, that
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the Governor in Council may, on the recommendation of the Minister,
make an extension order including any of the goods on the Import
Control List.
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(3.3) Every extension order made pursuant to subsection (3.2) shall,
subject to this section, remain in effect for such period as is specified in
the order, but the total of the specified period and the periods during
which the goods were previously subject to any related orders made
pursuant to subsection (3), (3.2), (4.01) or (4.8) of this section or
subsection 59.1(1), (8) or (11) or 59.11(2), (13) or (20) of the Customs
Tariff shall not exceed eight years.
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(4) Notwithstanding subsections (3) and (3.2), no order made under
those subsections may apply to goods imported from a NAFTA country
unless it appears to the satisfaction of the Governor in Council, on a
report of the Minister made pursuant to an inquiry under section 20, 26
or 30.07 of the Canadian International Trade Tribunal Act, that
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(4.01) Where an order has been made under subsection (3) or (3.2)
that does not, by virtue of subsection (4), apply to goods imported from
a NAFTA country and it appears to the satisfaction of the Governor in
Council, on a report of the Minister made pursuant to an inquiry under
section 30.01 of the Canadian International Trade Tribunal Act, that
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any goods of the same kind imported into Canada from the NAFTA
country may, by order of the Governor in Council, be included on the
Import Control List for the purpose of limiting the importation of those
goods into Canada to prevent the undermining of the effectiveness of
the order made under subsection (3) or (3.2).
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(4.02) Any order made under subsection (3) or (3.2) shall state
whether it applies to goods imported from a NAFTA country.
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(4.03) Where at any time it appears to the satisfaction of the
Governor in Council that it is advisable to collect information with
respect to the importation into Canada of any goods from a NAFTA
country
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the Governor in Council may, by order, include those goods on the
Import Control List in order to facilitate the collection of that
information.
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(4.04) Where at any time it appears to the satisfaction of the
Governor in Council that an order including any goods on the Import
Control List pursuant to subsection (3), (3.2) or (4.01) should be
revoked or amended, the Governor in Council may, on the
recommendation of the Minister, by order, revoke the order or amend
it.
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(4.05) The operation of subsections (4.1) to (4.5) is suspended
during the period in which subsections (4) to (4.04) are in force.
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(4.1) Notwithstanding subsection (3), no order made under
subsection (3) may apply to goods of any kind originating in the United
States unless it appears to the satisfaction of the Governor in Council,
on a report of the Minister made pursuant to an inquiry under section 20
or 26 of the Canadian International Trade Tribunal Act that the quantity
of those goods is substantial in comparison with the quantity of goods
of the same kind originating in other countries and that the importation
of those goods originating in the United States contributes importantly
to the serious injury or threat thereof to the production in Canada of like
or directly competitive goods.
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(4.2) Where an order has been made under subsection (3) that does
not, by virtue of subsection (4.1), apply to goods originating in the
United States and it appears to the satisfaction of the Governor in
Council, on a report of the Minister that
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any goods of the same kind originating in the United States may, by
order of the Governor in Council, be included on the Import Control List
for the purpose of limiting the importation of those goods to prevent the
undermining of the effectiveness of the order made under subsection
(3).
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(4.3) Any order made under subsection (3) shall state whether it
applies to goods originating in the United States.
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(4.4) Where at any time it appears to the satisfaction of the Governor
in Council that it is advisable to collect information with respect to the
importation of any goods originating in the United States
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the Governor in Council may, by order, include those goods on the
Import Control List in order to facilitate the collection of that
information.
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(4.5) For the purposes of this section, ``surge'' has the meaning given
that term by Article 1104 of the Free Trade Agreement.
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(4.6) Notwithstanding subsections (3) and (3.2), no order made
under those subsections may apply in respect of goods imported from
Israel or another CIFTA beneficiary unless it appears to the satisfaction
of the Governor in Council, on a report of the Minister made pursuant
to an inquiry under section 20, 26 or 30.07 of the Canadian
International Trade Tribunal Act, that
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(4.7) Where the Governor in Council makes an order under
subsection (3) or (3.2) in respect of goods imported from Israel or
another CIFTA beneficiary or makes an order under subsection (4.8),
the Governor in Council shall be guided by subparagraph 5(b) of Article
4.6 of CIFTA.
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(4.8) Where an order has been made under subsection (3) or (3.2)
that does not, by virtue of subsection (4.6), apply to goods imported
from Israel or another CIFTA beneficiary and it appears to the
satisfaction of the Governor in Council, on a report of the Minister made
pursuant to an inquiry under section 30.011 of the Canadian
International Trade Tribunal Act, that
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any goods of the same kind imported into Canada from Israel or another
CIFTA beneficiary may, by order of the Governor in Council, be
included on the Import Control List for the purpose of limiting the
importation of those goods into Canada to prevent the undermining of
the effectiveness of the order made under subsection (3) or (3.2).
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(4.9) An order made under subsection (3) or (3.2) shall state whether
it applies to goods imported from Israel or another CIFTA beneficiary.
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(4.91) Where at any time it appears to the satisfaction of the
Governor in Council that it is advisable to collect information with
respect to the importation into Canada of any goods from Israel or
another CIFTA beneficiary
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the Governor in Council may, by order, include those goods on the
Import Control List in order to facilitate the collection of that
information.
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(4.92) Where at any time it appears to the satisfaction of the
Governor in Council that an order including any goods on the Import
Control List pursuant to subsection (3), (3.2) or (4.8) should be revoked
or amended, the Governor in Council may, on the recommendation of
the Minister, by order, revoke the order or amend it.
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(2) Subsection 5(6) reads as follows:
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(6) Where, for the purpose of facilitating the implementation of
action taken under sections 42 to 44, paragraph 59(2)(d), section 59.1
or 59.11, paragraph 60(1)(e) or subsection 62(1) or 68(1) of the
Customs Tariff, the Governor in Council considers it necessary to
control the importation of any goods or collect information with respect
to their importation, the Governor in Council may, by order, include
those goods on the Import Control List for that purpose.
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(3) Subsections 5(7.1) to (9) read as follows:
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(7.1) Where goods imported from a NAFTA country are included on
the Import Control List by order of the Governor in Council under
subsection (4.01) or (4.03), the goods shall be deemed to be removed
from that List on the earlier of
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(7.2) The operation of subsection (8) is suspended during the period
in which subsection (7.1) is in force.
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(8) Where goods originating in the United States are included on the
Import Control List by order of the Governor in Council under
subsection (4.2) or (4.4), the goods shall be deemed to be removed from
that List on the earlier of
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(9) Where goods imported from Israel or another CIFTA beneficiary
are included on the Import Control List by order of the Governor in
Council under subsection (4.8) or (4.91), the goods are deemed to be
removed from that List on the earlier of
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Clause 73: Sections 5.11 and 5.2 read as follows:
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5.11 (1) Where at any time it appears to the satisfaction of the
Governor in Council that it is advisable to collect information with
respect to the exportation or importation of any goods in respect of
which a specified quantity is eligible each year for the rate of duty
provided for in the Schedules to Annex 302.2 of Chapter Three of
NAFTA in accordance with Appendix 6 of Annex 300-B of that
Chapter, the Governor in Council may, by order and without reference
to that quantity, include those goods on the Export Control List or the
Import Control List or on both in order to facilitate the collection of that
information.
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(2) Where at any time it appears to the satisfaction of the Governor
in Council that, for the purposes of implementing NAFTA, it is
advisable to collect information with respect to the importation into
Canada of any goods listed in Appendix 1.1 of Annex 300-B of Chapter
Three of NAFTA, the Governor in Council may, by order, include those
goods on the Import Control List in order to facilitate the collection of
that information.
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(3) Where at any time it appears to the satisfaction of the Governor
in Council that it is advisable to collect information with respect to the
importation of any goods in respect of which a specified quantity is
eligible for a benefit of any reduction of customs duty pursuant to
subsection 60.3(3) of the Customs Tariff, the Governor in Council may,
by order and without reference to that quantity, include those goods on
the Import Control List in order to facilitate the collection of that
information.
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(4) The operation of section 5.2 is suspended during the period in
which this section is in force.
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5.2 (1) Where at any time it appears to the satisfaction of the
Governor in Council that it is advisable to collect information with
respect to the exportation or importation of any goods in respect of
which a specified quantity is eligible each year for the rate of duty
provided for in Annex 401.2 of the Free Trade Agreement by virtue of
Rule 17 or 18 of Section XI of Annex 301.2 of the Free Trade
Agreement, the Governor in Council may, by order and without
reference to that quantity, include those goods on the Export Control
List or the Import Control List or on both in order to facilitate the
collection of that information.
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(2) Where at any time it appears to the satisfaction of the Governor
in Council that, for the purposes of implementing the Free Trade
Agreement, it is advisable to collect information with respect to the
importation into Canada of fabric or yarn produced or obtained in a
country other than Canada or the United States, the Governor in Council
may, by order, include that fabric or yarn on the Import Control List in
order to facilitate the collection of that information.
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Clause 74: Section 6.1 reads as follows:
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6.1 (1) In this section, ``originating goods'' means goods that are
entitled under subsection 25.2(5.1) of the Customs Tariff to the benefit
of the United States Tariff or the Mexico Tariff.
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(2) Where at any time it appears to the satisfaction of the Minister that
any goods that are listed in Appendix 1.1 of Annex 300-B of Chapter
Three of NAFTA and are not originating goods are being imported from
a NAFTA country in such increased quantities, measured in absolute
terms or relative to the domestic market, and under such conditions as
to cause serious damage or actual threat thereof to domestic producers
of like or directly competitive goods, the Minister may take the
measures set out in section 5 of Annex 300-B of Chapter Three of
NAFTA in relation to those goods.
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(3) In determining whether the conditions referred to in subsection
(2) exist, the Minister shall have regard to paragraph 2 of section 4 of
Annex 300-B of Chapter Three of NAFTA.
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Clause 75: Subsections 8(2) to (4) read as follows:
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(2) Notwithstanding subsection (1) and any regulation made
pursuant to section 12 that is not compatible with the purpose of this
subsection, where goods are included on the Import Control List solely
for the purpose of collecting information pursuant to subsection
5(4.03), (4.4), (4.91), (5) or (6), the Minister shall issue to any resident
of Canada applying therefor a permit to import those goods, subject
only to compliance with and the application of such regulations made
pursuant to section 12 as it is reasonably necessary to comply with or
apply in order to achieve that purpose.
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(2.1) Where, by virtue of subsection 5(4), an order has been made
pursuant to subsection 5(3) or (3.2) that applies to goods imported from
a NAFTA country, or an order has been made pursuant to subsection
5(4.01), the Minister shall, in determining whether to issue a permit
under this section in respect of goods imported from a NAFTA country,
be guided by subparagraph 5(b) of Article 802 of NAFTA.
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(2.2) The operation of subsection (3) is suspended during the period
in which subsection (2.1) is in force.
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(3) Where, by virtue of subsection 5(4.1), an order has been made
pursuant to subsection 5(3) that applies to goods originating in the
United States or an order has been made pursuant to subsection 5(4.2),
the Minister shall, in determining whether to issue permits under section
8 in respect of goods originating in the United States, be guided by
subparagraph 4(b) of Article 1102 of the Free Trade Agreement.
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(4) Where, by virtue of subsection 5(4.6), an order has been made
pursuant to subsection 5(3) or (3.2) that applies to goods imported from
Israel or another CIFTA beneficiary, or an order has been made pursuant
to subsection 5(4.8), the Minister shall, in determining whether to issue
a permit under this section in respect of goods imported from Israel or
another CIFTA beneficiary, be guided by subparagraph 5(b) of Article
4.6 of CIFTA.
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Clause 76: Section 8.2 reads as follows:
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8.2 Notwithstanding section 7, subsection 8(1) and any regulation
made pursuant to section 12 that is not compatible with the purpose of
this section, where goods are included on the Export Control List or the
Import Control List solely for the purpose described in subsection
5.11(1), (2) or (3) or 5.2(1) or (2), the Minister shall issue to any resident
of Canada applying therefor a permit to export or import, as the case
may be, those goods, subject only to compliance with and the
application of such regulations made pursuant to section 12 as it is
reasonably necessary to comply with or apply in order to achieve that
purpose.
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Clause 77: Sections 9.01 and 9.1 read as follows:
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9.01 (1) The Minister may, for the purpose of implementing an
intergovernmental arrangement with a NAFTA country respecting the
administration of Appendix 6 to Annex 300-B of Chapter Three of
NAFTA, issue a certificate with respect to an exportation of goods to the
NAFTA country stating the specific quantity of the goods in the
shipment in respect of which the certificate is issued that, on importation
into the NAFTA country, is eligible for the rate of duty provided for in
the Schedules to Annex 302.2 of NAFTA in accordance with Appendix
6 to Annex 300-B of Chapter Three of NAFTA.
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(2) The operation of section 9.1 is suspended during the period in
which this section is in force.
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9.1 The Minister may, for the purpose of implementing an
intergovernmental arrangement with the United States respecting the
administration of Rules 17 and 18 of Section XI of Annex 301.2 of the
Free Trade Agreement, issue a certificate with respect to an exportation
of goods to the United States stating the specific quantity of the goods
in the shipment in respect of which the certificate is issued that, on
importation into the United States, is eligible for the rate of duty
provided for in Annex 401.2 of the Free Trade Agreement.
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Clause 78: (1) and (2) The relevant portion of
subsection 10(2) reads as follows:
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(2) Where a permit has been issued under this Act to any person for
the exportation or importation of goods that have been included on the
Export Control List or the Import Control List solely for the purpose
described in subsection 5(4.03), (4.4), (4.91), (5) or (6), 5.1(1), 5.11(1),
(2) or (3) or 5.2(1) or (2), and
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Financial Administration Act |
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Clause 79: New.
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Importation of Intoxicating Liquors Act |
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Clause 80: New.
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Clause 81: (1) The relevant portion of subsection 3(2)
reads as follows:
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(2) The provisions of subsection (1) do not apply to
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(2) Subsection 3(3) reads as follows:
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(3) The Governor in Council may, for the purposes of paragraph
(2)(b.01) or (b.1), make regulations defining the expressions ``distilled
spirits'', ``in bulk'' and ``bottling''.
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National Energy Board Act |
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Clause 82: The relevant portion of subsection
119.01(2) reads as follows:
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(2) The Governor in Council may make regulations
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Clause 83: The headings before section 119.1 and
sections 119.1 to 120 read as follows:
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DIVISION III |
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IMPLEMENTATION OF CANADA-UNITED STATES FREE TRADE AGREEMENT |
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119.1 In this section and sections 119.2 to 119.6,
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``Agreement'' has the same meaning as in the Canada-United States
Free Trade Agreement Implementation Act;
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``energy goods'' means energy goods within the meaning of Chapter
Nine of the Agreement for the exportation of which a licence or
permit issued under this Part or an order made under the regulations
is required;
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``United States'' has the same meaning as in section 2 of the
Canada-United States Free Trade Agreement Implementation Act.
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119.2 (1) In exercising its powers and performing its duties, the
Board shall give effect to the Agreement.
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(2) The Governor in Council may, either on the recommendation of
the Minister made at the request of the Board or on the Governor in
Council's own motion, make orders of general application respecting
the manner in which the Board shall perform the duty imposed on it by
subsection (1) or the interpretation to be given to the Agreement by the
Board for the purposes of this Act.
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(3) An order made under subsection (2) is binding on the Board from
the time it comes into force and, unless otherwise provided therein,
applies in respect of matters pending before the Board at that time.
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(4) The Board may, in order to request the making of an order under
subsection (2), suspend the determination of any matter of which it is
seized.
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119.3 The Governor in Council may, by order, declare that the
maintenance or introduction of a restriction on the exportation to the
United States of energy goods or of any quality, kind or class thereof is
justified under Article 904 of the Agreement.
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119.4 Where, in the course of determining an application for a
licence or permit, or determining whether to make an order, for the
exportation to the United States of energy goods or of any quality, kind
or class thereof, the Board considers that the maintenance or
introduction of a restriction on that exportation is in the public interest
and that subparagraph (a), (b) or (c) of Article 904 of the Agreement
would apply as a consequence of the restriction, the Board may, in order
to request that the Minister recommend to the Governor in Council that
an order be made under section 119.3 in respect of the relevant energy
goods, suspend the determination until not later than one hundred and
twenty days after the request is made.
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119.5 (1) The Board may neither refuse to issue a licence or permit
or make an order nor revoke, suspend or vary a licence, permit or order
for the exportation to the United States of energy goods or of any
quality, kind or class thereof where that refusal, revocation, suspension
or variation would constitute the maintenance or introduction of a
restriction on that exportation as a consequence of which subparagraph
(a), (b) or (c) of Article 904 of the Agreement would apply.
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(2) Subsection (1) does not apply in respect of the exportation to the
United States of such energy goods as are, or of such quality, kind or
class thereof as is, referred to in an order made under section 119.3
during the time that the order is in force.
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(3) Notwithstanding subsection (1), the Board may revoke, suspend
or vary a licence, permit or order on the application or with the consent
of its holder.
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119.6 The Board may, despite its not being satisfied in accordance
with paragraph 118(a), issue a licence for the exportation to the United
States of such energy goods as were, or of such quality, kind or class
thereof as was, referred to in a request made under section 119.4 if
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119.7 The operation of sections 119.1 to 119.6 is suspended during
the period in which Division III.1 is in force.
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DIVISION III.1 |
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IMPLEMENTATION OF NORTH AMERICAN FREE TRADE AGREEMENT |
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120. In this section and sections 120.1 to 120.5,
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``Agreement'' has the same meaning as in the North American Free
Trade Agreement Implementation Act;
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``energy goods'' means any goods in relation to which Chapter Six of
the Agreement applies and for the exportation of which a licence or
permit issued under this Part or an order made under the regulations
is required.
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Clause 84: Subsections 120.1(1) and (2) read as
follows:
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120.1 (1) In exercising its powers and performing its duties, the
Board shall give effect to the Agreement.
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(2) The Governor in Council may, either on the recommendation of
the Minister made at the request of the Board or on the Governor in
Council's own motion, make orders of general application respecting
the manner in which the Board shall perform the duty imposed on it by
subsection (1) or the interpretation to be given to the Agreement by the
Board for the purposes of this Act.
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Clause 85: Sections 120.2 and 120.3 read as follows:
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120.2 The Governor in Council may, by order, declare that the
maintenance or introduction of a restriction on the exportation to the
United States of energy goods or of any quality, kind or class thereof is
justified under Article 605 of the Agreement.
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120.3 Where, in the course of determining an application for a
licence or permit, or determining whether to make an order, for the
exportation to the United States of energy goods or of any quality, kind
or class thereof, the Board considers that the maintenance or
introduction of a restriction on that exportation is in the public interest
and that subparagraph (a), (b) or (c) of Article 605 of the Agreement
would apply as a consequence of the restriction, the Board may, in order
to request that the Minister recommend to the Governor in Council that
an order be made under section 120.2 in respect of the relevant energy
goods, suspend the determination until not later than one hundred and
twenty days after the request is made.
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Clause 86: Subsections 120.4(1) and (2) read as
follows:
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120.4 (1) The Board may neither refuse to issue a licence or permit
or make an order nor revoke, suspend or vary a licence, permit or order
for the exportation to the United States of energy goods or of any
quality, kind or class thereof where that refusal, revocation, suspension
or variation would constitute the maintenance or introduction of a
restriction on that exportation as a consequence of which subparagraph
(a), (b) or (c) of Article 605 of the Agreement would apply.
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(2) Subsection (1) does not apply in respect of the exportation to the
United States of such energy goods as are, or of such quality, kind or
class thereof as is, referred to in an order made under section 120.2
during the time that the order is in force.
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Clause 87: The relevant portion of subsection 120.5
reads as follows:
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120.5 The Board may, despite its not being satisfied in accordance
with paragraph 118(a), issue a licence for the exportation to the United
States of such energy goods as were, or of such quality, kind or class
thereof as was, referred to in a request made under section 120.3 if
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Special Import Measures Act |
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Clause 88: The relevant portion of subsection 8(2)
reads as follows:
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(2) Any provisional duty paid or security posted pursuant to
subsection (1) or (1.1) by or on behalf of an importer in respect of the
importation of dumped or subsidized goods of any description shall
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Clause 89: Section 14 reads as follows:
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14. The Governor in Council may, on the recommendation of the
Minister of Finance, make regulations exempting any goods or class of
goods from the application of this Act.
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Clause 90: New.
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Clause 91: New.
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Clause 92: New.
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Clause 93: The relevant portion of subsection 97(1)
reads as follow:
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97. (1) The Governor in Council may, on the recommendation of the
Minister of Finance, make regulations
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