Bill C-81
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2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-81 |
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An Act to implement the Canada-Chile Free
Trade Agreement and related agreements
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Preamble
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WHEREAS the Government of Canada and
the Government of the Republic of Chile have
entered into a Free Trade Agreement having
resolved to
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WHEREAS the Government of Canada has
entered into the Agreement having further
resolved to
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WHEREAS the Agreement applies
generally throughout Canada;
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AND WHEREAS it is necessary, in order to
give effect to the Agreement, to make related
or consequential amendments to certain Acts;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the
Canada-Chile Free Trade Agreement
Implementation Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``Agreement'' « Accord »
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``Agreement'' means the Free Trade
Agreement entered into between the
Government of Canada and the
Government of the Republic of Chile and
signed on December 5, 1996, and includes
any rectifications to it made before its
ratification by Canada.
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``Commission
'' « Commission »
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``Commission'' means the Free Trade
Commission established under paragraph 1
of Article N-01 of the Agreement.
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``federal law'' « texte législatif fédéral »
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``federal law'' means the whole or any portion
of an Act of Parliament or a regulation,
order or other instrument issued, made or
established in the exercise of a power
conferred by or under an Act of Parliament.
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``Minister'' « ministre »
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``Minister'', in respect of any provision of this
Act, means the member of the Queen's
Privy Council for Canada designated under
section 10 as the Minister for the purposes
of that provision.
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``territory'' « territoire »
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``territory'' means
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Publication of
Agreement
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(2) The Agreement, including the Schedule
of Canada and the Schedule of Chile referred
to in Annex C-02.2 of the Agreement, shall be
published in the Canada Treaty Series.
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Interpreta- tion consistent with Agreement
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3. For greater certainty, this Act, any
provision of an Act enacted or amended by
Part II and any other federal law that
implements a provision of the Agreement or
fulfils an obligation of the Government of
Canada under the Agreement shall be
interpreted in a manner consistent with the
Agreement.
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PURPOSE |
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Purpose
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4. The purpose of this Act is to implement
the Agreement, the objectives of which, as
elaborated more specifically through its
provisions, are to
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HER MAJESTY |
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Binding on
Her Majesty
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5. This Act is binding on Her Majesty in
right of Canada.
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GENERAL |
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Causes of
action under
Part I
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6. (1) No person has any cause of action and
no proceedings of any kind shall be taken,
without the consent of the Attorney General of
Canada, to enforce or determine any right or
obligation that is claimed or arises solely
under or by virtue of Part I or an order or
regulation made under Part I.
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Causes of
action under
the
Agreement
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(2) Subject to Section II of Chapter G of the
Agreement, no person has any cause of action
and no proceedings of any kind shall be taken,
without the consent of the Attorney General of
Canada, to enforce or determine any right or
obligation that is claimed or arises solely
under or by virtue of the Agreement.
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Non-appli- cation of Agreement to water
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7. (1) For greater certainty, nothing in this
Act or the Agreement, except Article C-02 of
the Agreement, applies to water.
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Definition of
``water''
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(2) In this section, ``water'' means natural
surface and ground water in liquid, gaseous or
solid state, but does not include water
packaged as a beverage or in tanks.
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Construction
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8. For greater certainty, nothing in this Act,
by specific mention or omission, shall be
construed to affect in any manner the right of
Parliament to enact legislation to implement
any provision of the Agreement or fulfil any of
the obligations of the Government of Canada
under the Agreement.
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PART I |
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IMPLEMENTATION OF AGREEMENT GENERALLY |
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Approval of Agreement |
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Agreement
approved
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9. The Agreement is hereby approved.
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Designation of Minister |
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Order
designating
Minister
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10. The Governor in Council may, by order,
designate any member of the Queen's Privy
Council for Canada to be the Minister for the
purposes of any provision of this Act.
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Administrative and Institutional Provisions |
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Commission
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11. The Minister for International Trade is
the principal representative of Canada on the
Commission.
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Payment of
expenditures
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12. The Government of Canada shall pay its
appropriate share of the aggregate of any
expenditures incurred by or on behalf of the
Commission.
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Administra- tive support
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13. The Minister for International Trade
shall designate an agency, division or branch
of the Government of Canada to facilitate the
operation of, and provide administrative
assistance to panels established under,
Chapter N of the Agreement.
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Panels, Committees and Scientific Review Boards |
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Appointments
to roster
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14. The Governor in Council may, in
accordance with a consensus reached under
Article G-25 or N-09 of the Agreement,
appoint any person to be a member of the
roster established under that Article.
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Appointments
to certain
committees
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15. The Minister may appoint any person to
be a representative of Canada on any
committee referred to in Section A of Annex
N-01.2 of the Agreement.
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Costs of
panels,
committees
and boards
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16. The Government of Canada shall, in
accordance with Annex N-02.2 of the
Agreement, pay the costs of or its appropriate
share of the costs of
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Orders and Regulations |
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Regulations re
Article C-10
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17. (1) The Governor in Council may, if the
Governor in Council is of the opinion that, for
the purpose of giving effect in a province to
Article C-10 of the Agreement, regulations
are necessary in relation to any matter dealt
with by that Article, make regulations for that
purpose including, without limiting the
generality of the foregoing, regulations
requiring or prohibiting the doing of anything
in relation to which a regulation may be made
under this subsection and prescribing
penalties for the contravention of any such
regulation.
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Applicability
of regulations
in respect of a
province
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(2) A regulation made under subsection (1)
shall not come into force in respect of a
province if the Governor in Council is of the
opinion that the province has, by or under
provincial law, enacted provisions or is
carrying on practices that are in conformity
with the portion of Article C-10 of the
Agreement in respect of which the regulation
was made.
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Consultation
with
provincial
governments
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(3) The Minister shall consult with the
government of a province before the making
of a regulation under subsection (1) in respect
of that province.
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Expiration
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(4) A regulation made under subsection (1)
or any of its provision ceases to be in force in
respect of a province on a day or days to be
fixed, in respect of that province, by order of
the Governor in Council.
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Binding on
province
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(5) A regulation made under subsection (1)
in respect of a province is binding on Her
Majesty in right of that province.
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Orders re
Article N-18
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18. (1) The Governor in Council may, for
the purpose of suspending in accordance with
the Agreement the application to Chile of
benefits of equivalent effect under Article
N-18 of the Agreement, by order, do any one
or more of the following:
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Period of
order
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(2) Unless revoked, an order made under
subsection (1) has effect for the period
specified in the order.
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