;

Bill C-81

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

R.S., c. F-11	Financial Administration Act
	79. *The Financial Administration Act* is amended by adding the following after section 89.3:**
	Implementation of Canada-Chile Free Trade Agreement
Directive	89.4 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that Crown corporation.
Regulations	(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada-Chile Free Trade Agreement that pertains to that corporation.
Definition of ``Canada- Chile Free Trade Agreement''	(3) In subsections (1) and (2), ``Canada-Chile Free Trade Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act.
R.S., c. I-3	Importation of Intoxicating Liquors Act
	80. *Section 2 of the Importation of Intoxicating Liquors Act* is amended by adding the following in alphabetical order:**
``Chile'' « Chili »	``Chile'' has the same meaning as in subsection 2(1) of the Customs Tariff;
	81. (1) Subsection 3(2) of the Act is amended by adding the following after paragraph (b.01)
	(b.02) the importation of distilled spirits in bulk into a province from Chile for the purpose of bottling by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller, where the distilled spirits
	(i) are entitled to the benefit of the Chile Tariff, as defined in subsection 2(1) of the Customs Tariff, and
	(ii) while kept by the distiller, are kept by the distiller in a place or warehouse that conforms in all respects to the requirements of the law governing such places or warehouses;
1993, c. 44, s. 160(3)	(2) Subsection 3(3) of the Act is replaced by the following:
Regulations	(3) The Governor in Council may, for the purposes of paragraph (2)(b.01), (b.02) or (b.1), make regulations defining the expressions ``distilled spirits'', ``in bulk'' and ``bottling''.
R.S., c. N-7	National Energy Board Act
1990, c. 7, s. 34; 1993, c. 44, s. 186	82. *Subsection 119.01(2) of the National Energy Board Act* is amended by adding the word ``and'' at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:**
	(b) exempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, or to Chile , or any quality, kind or class of that oil or gas or type of service in relation thereto, from the application of regulations made under paragraph (a).
1988, c. 65, s. 142; 1990, c. 7, ss. 34 to 37; 1993, c. 44, ss. 187, 188	83. The headings before section 119.1 and sections 119.1 to 120 of the Act are replaced by the following:
	DIVISION III
	IMPLEMENTATION OF FREE TRADE AGREEMENTS
Definitions	120. The definitions in this section apply in this Division .
``CCFTA'' « ALÉCC »	``CCFTA'' has the same meaning as ``Agreement'' in the Canada-Chile Free Trade Agreement Implementation Act.
``energy goods'' « produits énergéti- ques »	``energy goods'' means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required.
``NAFTA'' « ALÉNA »	``NAFTA '' has the same meaning as ``Agreement '' in the North American Free Trade Agreement Implementation Act.
1993, c. 44, s. 188	84. Subsections 120.1(1) and (2) of the Act are replaced by the following:
Giving effect to NAFTA and CCFTA	120.1 (1) In exercising its powers and performing its duties, the Board shall give effect to NAFTA and CCFTA .
Orders	(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 NAFTA or CCFTA by the Board for the purposes of this Act.
1993, c. 44, s. 188	85. Sections 120.2 and 120.3 of the Act are replaced by the following:
Declaration of Governor in Council	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 or Chile of energy goods or of any quality, kind or class of energy goods is justified under Article 605 of NAFTA or Article C-13 of CCFTA, as the case may be .
Board may request declaration	120.3 If , 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 or Chile of energy goods or of any quality, kind or class of energy goods , 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 NAFTA or subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA, as the case may be , 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.
1993, c. 44, s. 188	86. Subsections 120.4(1) and (2) of the Act are replaced by the following:
Exportation to United States or Chile	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 or Chile of energy goods or of any quality, kind or class of energy goods if 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 NAFTA or subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA, as the case may be , would apply.
Effect of orders	(2) Subsection (1) does not apply in respect of the exportation to the United States or Chile of such energy goods as are, or of such quality, kind or class of energy goods as is, referred to in an order made under section 120.2 during the time that the order is in force.
1993, c. 44, s. 188	87. The portion of section 120.5 of the Act before paragraph (a) is replaced by the following:
Where no declaration made	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 or Chile of such energy goods as were, or of such quality, kind or class of energy goods as was, referred to in a request made under section 120.3 if
R.S., c. S-15	Special Import Measures Act
	88. *Subparagraph 8(2)(a)(i) of the Special Import Measures Act* is replaced by the following:**
	(i) the Deputy Minister causes the investigation to be terminated pursuant to subsection 35.1(1) or 41(1) with respect to goods of that description,
	89. Section 14 of the Act is replaced by the following:
Exemption of goods from application of Act	14. (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations exempting any goods or class of goods from any country from the application of this Act or any of its provisions. The exemption may be in respect of the dumping or subsidizing of those goods or that class.
Duration and conditions	(2) Regulations made under subsection (1) may specify the period during which the exemption applies and make it subject to conditions.
	90. The Act is amended by adding the following after section 35:
Termination of investiga- tion - Chile	35.1 (1) Immediately after goods of Chile are exempted from the application of this Act in respect of dumping by regulations made under section 14,
	(a) the Deputy Minister shall cause any investigation initiated under section 31 to be terminated to the extent that it relates to the dumping of those goods; and
	(b) all related proceedings are terminated to the extent that they relate to the dumping of those goods.
Notice of termination	(2) The Deputy Minister shall cause notice of the termination under paragraph (1)(a)
	(a) to be given to the exporter, the importer, the Government of the Republic of Chile, the complainant, if any, and any other persons who may be prescribed; and
	(b) to be published in the Canada Gazette.
	91. Section 47 of the Act is renumbered as subsection 47(1) and is amended by adding the following:
Termination of inquiry - Chile	(2) If goods of Chile are exempted from the application of this Act by regulations made under section 14, the Tribunal shall issue an order terminating any inquiry referred to in section 42 to the extent that it relates to the dumping of those goods.
Notice of termination	(3) The Secretary shall
	(a) send, immediately after an inquiry is terminated under subsection (2), notice of the termination to the Deputy Minister, the importer, the exporter, the Government of the Republic of Chile and any other persons who are specified by the rules of the Tribunal; and
	(b) cause a notice of the termination to be published in the Canada Gazette.
	92. The Act is amended by adding the following after section 76.1:
	Rescission of Orders and Findings
Goods of Chile	77. If the Tribunal has made an order or finding resulting in the levying of anti-dumping duties in respect of goods of Chile that are subsequently exempted from the application of this Act by regulations made under section 14, the Tribunal shall rescind the order or finding to the extent that it relates to the dumping of those goods.
	93. Subsection 97(1) of the Act is amended by adding the following after paragraph (g.22):
	(g.23) determining the meaning of the expression ``goods of Chile'' for the purposes of this Act;
	PART III
	TRANSITIONAL AND COMING INTO FORCE
	Transitional
Customs Tariff: s. 59.11(2)	94. (1) Every order made under subsection 59.11(2) of the Customs Tariff before section 55 of this Act comes into force is deemed to have been made under subsection 59.1(1) of the Customs Tariff.
Customs Tariff: s. 59.11(13)	*(2) Every order made under subsection 59.11(13) of the Customs Tariff* before section 55 of this Act comes into force is deemed to have been made under subsection 59.1(8) of the Customs Tariff.**
	Coming into Force
Coming into force	95. (1) Subject to this Act, this Act or any of its provisions, or any provision of an Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.
Condition	(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the Republic of Chile has taken satisfactory steps to implement the Agreement.