Bill C-81
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| R.S., c. 17
(2nd Supp.)
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Commercial Arbitration Act |
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| 1993, c. 44,
s. 50
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32. Subsection 5(4) of the Commercial
Arbitration Act is replaced by the following:
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| Meaning of
``commercial
arbitration''
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(4) For greater certainty, the expression
``commercial arbitration'' in Article 1(1) of
the Code includes
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| R.S., c. C-50;
1990, c. 8,
s. 21
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Crown Liability and Proceedings Act |
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| 1994, c. 11,
s. 1
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33. (1) The definitions ``appropriate
Commission'', ``panel'' and ``panel
determination'' in section 20.1 of the Crown
Liability and Proceedings Act are replaced
by the following:
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| ``appropriate
Commission'' « commission compétente »
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``appropriate Commission'' means
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| ``panel'' « groupe spécial »
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``panel'' means an arbitral panel convened
under Article 24 of the Environmental
Cooperation Agreement or of the
Canada-Chile Environmental Cooperation
Agreement or Article 29 of the Labor
Cooperation Agreement or Article 26 of the
Canada-Chile Labour Cooperation
Agreement ;
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| ``panel
determi- nation'' « décision d'un groupe spécial »
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``panel determination'' means a panel
determination as defined in Annex 36A of
the Environmental Cooperation
Agreement, in Article 35 of the
Canada-Chile Environmental Cooperation
Agreement, in Annex 41A of the Labor
Cooperation Agreement or in Article 37 of
the Canada-Chile Labour Cooperation
Agreement .
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(2) Section 20.1 of the Act is amended by
adding the following in alphabetical order:
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| ``Canada- Chile Environ- mental Cooperation Agreement'' « Accord canado- chilien sur l'environ- nement »
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``Canada-Chile Environmental Cooperation
Agreement'' means the Agreement on
Environmental Cooperation entered into
between the Government of Canada and the
Government of the Republic of Chile and
signed on February 6, 1997, as amended
from time to time in accordance with
Article 47 of that Agreement;
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| ``Canada- Chile Labour Cooperation Agreement'' « Accord canado- chilien sur le travail »
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``Canada-Chile Labour Cooperation
Agreement'' means the Agreement on
Labour Cooperation entered into between
the Government of Canada and the
Government of the Republic of Chile and
signed on February 6, 1997, as amended
from time to time in accordance with
Article 47 of that Agreement;
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| 1994, c. 11,
s. 1
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34. The portion of subsection 20.4(2) of
the Act before paragraph (a) is replaced by
the following:
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| Limitation on
proceedings
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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, the
Canada-Chile Environmental Cooperation
Agreement , the Labor Cooperation
Agreement or the Canada-Chile Labour
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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| R.S., c. 1 (2nd
Supp.)
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Customs Act |
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| 1988, c. 65,
s. 66
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35. (1) The definitions ``Canada-United
States Free Trade Agreement'' and ``United
States'' in subsection 2(1) of the Customs
Act are repealed.
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| 1996, c. 33,
s. 28(1)
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(2) The definition ``Certificate of Origin''
in subsection 2(1) of the Customs Act is
replaced by the following:
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| ``Certificate
of Origin'' « certificat d'origine »
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``Certificate of Origin'' means the proof of
origin form for goods for which preferential
tariff treatment under a free trade
agreement 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) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``CCFTA'' « ALÉCC »
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``CCFTA'' has the same meaning as
``Agreement'' in subsection 2(1) of the
Canada-Chile Free Trade Agreement
Implementation Act;
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| ``Chile'' « Chili »
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``Chile'' has the same meaning as in
subsection 2(1) of the Customs Tariff;
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| ``free trade
agreement'' « accord de libre- échange »
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``free trade agreement'' means NAFTA,
CCFTA or CIFTA;
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| ``free trade
partner'' « partenaire de libre- échange »
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``free trade partner'' means
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| ``preferen- tial tariff treatment under CCFTA'' « traitement tarifaire préférentiel de l'ALÉCC »
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``preferential tariff treatment under CCFTA''
means, in respect of goods, entitlement to
the benefit of the Chile Tariff, as defined in
subsection 2(1) of the Customs Tariff;
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(4) Section 2 of the Act is amended by
adding the following after subsection (1.1):
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| Preferential
tariff
treatment
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(1.2) For the purposes of this Act, a
reference to preferential tariff treatment under
a free trade agreement shall be read as a
reference to whichever of the following is
applicable in the circumstances:
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| 1993, c. 44,
s. 82
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36. (1) The portion of subsection 32.2(1)
of the Act before paragraph (a) is replaced
by the following:
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| Correction to
declaration of
origin
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32.2 (1) An importer or owner of goods for
which preferential tariff treatment under a free
trade agreement has been claimed or any
person authorized to account for those goods
under paragraph 32(6)(a) or 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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| 1996, c. 33,
s. 29
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(2) Subsection 32.2(1.1) of the Act is
repealed.
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| 1993, c. 44,
s. 84; 1996, c.
33, s. 30
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37. Subsections 35.1(5) and (6) of the Act
are replaced by the following:
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| Denial or
withdrawal of
preferential
tariff
treatment
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(5) Preferential tariff treatment under a free
trade agreement may be denied or withdrawn
in respect of goods for which that treatment is
claimed if 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, or
any regulation made under either of those
Acts , concerning that preferential tariff
treatment.
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| 1993, c. 44,
s. 86; 1995, c.
41, s. 16;
1996, c. 33,
ss. 31, 32
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38. The headings before section 42.1 and
sections 42.1 to 42.6 of the Act are replaced
by the following:
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Verifications under a Free Trade Agreement |
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Conduct of Verification
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| Methods of
verification
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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, or any person,
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,
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| Withdrawal of
preferential
tariff
treatment
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(2) If an exporter or producer of goods that
are subject to a verification of origin under
paragraph (1)(a) fails to comply with the
prescribed requirements or, in the case of a
verification of origin under subparagraph
(1)(a)(i) , does not consent to the verification
of origin in the prescribed manner and within
the prescribed time, preferential tariff
treatment under a free trade agreement may
be denied or withdrawn from the goods.
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Statement of Origin
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| Statement of
origin
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42.2 (1) On completion of a verification of
origin under paragraph 42.1(1)(a), an officer
designated under 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,
under the regulations made under section 13
of the Customs Tariff, for the preferential tariff
treatment that was claimed .
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| Basis of
statement
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(2) A statement referred to in subsection (1)
must 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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| Definition of
``customs
adminis- tration''
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42.3 (1) In this section ,``customs
administration'' has the meaning assigned to
that expression by Article 514 of NAFTA or
Article E-14 of CCFTA, as the case may be .
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| Effective date
of re-deter- mination of origin of goods subject to verification of origin
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(2) Subject to subsection (4) , a
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 if
the result of the re-determination of origin
made under section 61 as applied by
subsection 57.2(4) in respect of goods for
which preferential tariff treatment under
NAFTA or preferential tariff treatment under
CCFTA is claimed and that are the subject of
a verification of origin under this Act is that
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| Limitation
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(3) A re-determination of origin referred to
in subsection (2) shall not be applied to goods
imported before the date on which the notice
was given if the customs administration of the
NAFTA country from which the goods were
exported or of Chile, as the case may be , has,
before that date,
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| Postpone- ment of effective date
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(4) The date on which a re-determination of
origin referred to in subsection (2) takes effect
shall be postponed for a period not exceeding
ninety days, if 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 or of Chile, as the case may be .
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Denial or Withdrawal of Benefit of
Preferential Tariff Treatment under NAFTA
or CCFTA
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| Definition of
``identical
goods''
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42.4 (1) In this section, ``identical goods''
has the meaning assigned to that expression by
Article 514 of NAFTA or Article E-14 of
CCFTA, as the case may be .
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| Denial or
withdrawal of
benefit:
NAFTA
country or
Chile
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(2) Notwithstanding subsection 25.2(5.1)
and section 25.7 of the Customs Tariff, the
Minister may, subject to the prescribed
conditions, deny or withdraw preferential
tariff treatment under NAFTA or preferential
tariff treatment under CCFTA in respect of
goods for which that treatment is claimed if
the exporter or producer of the goods has made
false representations that identical goods
exported or produced by that exporter or
producer and for which that treatment was
claimed were eligible for that treatment.
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| 1993, c. 44,
s. 87; 1996, c.
33, s. 33
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39. Section 43.1 of the Act is replaced by
the following:
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| Advance
rulings
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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, before
goods are imported , 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
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| Regulations
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(2) The Governor in Council may make
regulations respecting advance rulings,
including regulations respecting
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| 1988, c. 65,
s. 70; 1993, c.
44, s. 90;
1996, c. 33,
s. 34
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40. Subsections 57.2(2.1) to (9) of the Act
are replaced by the following:
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| Determi- nation final
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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 for which preferential
tariff treatment under a free trade agreement
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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| Re-deter- minations and appeals for goods imported from a free trade partner
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(4) Subject to this section, sections 58 to 72
apply, with any modifications that the
circumstances require, in respect of a
determination of origin under this section as to
the origin of goods for which preferential tariff
treatment under a free trade agreement 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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| Additional
persons who
may request
re-deter- mination
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(5) In addition to the importer or any person
who is liable to pay duties owing on the goods,
other than a person authorized under
paragraph 32(6)(a) or subsection 32(7) to
account for the goods, any person who has
completed and signed a Certificate of Origin
for goods for which preferential tariff
treatment under a free trade agreement 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 (4) .
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