Bill C-81
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R.S., c. F-11
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Financial Administration Act |
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79. The Financial Administration Act is
amended by adding the following after
section 89.3:
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Implementation of Canada-Chile Free Trade
Agreement
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Directive
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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 corpo
ration.
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Regulations
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(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.
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Definition of
``Canada- Chile Free Trade Agreement''
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(3) In subsections (1) and (2), ``Canada-
Chile Free Trade Agreement'' has the mean
ing given to the word ``Agreement'' by
subsection 2(1) of the Canada-Chile Free
Trade Agreement Implementation Act.
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R.S., c. I-3
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Importation of Intoxicating Liquors Act |
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80. Section 2 of the Importation of Intoxi
cating Liquors Act is amended by adding the
following in alphabetical order:
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``Chile'' « Chili »
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``Chile'' has the same meaning as in subsec
tion 2(1) of the Customs Tariff;
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81. (1) Subsection 3(2) of the Act is
amended by adding the following after
paragraph (b.01)
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1993, c. 44,
s. 160(3)
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(2) Subsection 3(3) of the Act is replaced
by the following:
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Regulations
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(3) The Governor in Council may, for the
purposes of paragraph (2)(b.01), (b.02) or
(b.1), make regulations defining the expres
sions ``distilled spirits'', ``in bulk'' and ``bot
tling''.
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R.S., c. N-7
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National Energy Board Act |
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1990, c. 7,
s. 34; 1993, c.
44, s. 186
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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:
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1988, c. 65,
s. 142; 1990,
c. 7, ss. 34 to
37; 1993, c.
44, ss. 187,
188
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83. The headings before section 119.1 and
sections 119.1 to 120 of the Act are replaced
by the following:
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DIVISION III |
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IMPLEMENTATION OF FREE TRADE AGREEMENTS |
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Definitions
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120. The definitions in this section apply in
this Division.
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``CCFTA'' « ALÉCC »
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``CCFTA'' has the same meaning as ``Agree
ment'' in the Canada-Chile Free Trade
Agreement Implementation Act.
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``energy
goods'' « produits énergéti- ques »
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``energy goods'' means any goods for the ex
portation of which a licence or permit is
sued under this Part or an order made under
the regulations is required.
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``NAFTA'' « ALÉNA »
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``NAFTA'' has the same meaning as ``Agree
ment'' in the North American Free Trade
Agreement Implementation Act.
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1993, c. 44,
s. 188
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84. Subsections 120.1(1) and (2) of the Act
are replaced by the following:
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Giving effect
to NAFTA
and CCFTA
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120.1 (1) In exercising its powers and
performing its duties, the Board shall give
effect to NAFTA and CCFTA.
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Orders
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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 NAFTA or CCFTA by the Board for
the purposes of this Act.
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1993, c. 44,
s. 188
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85. Sections 120.2 and 120.3 of the Act are
replaced by the following:
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Declaration of
Governor in
Council
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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 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.
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Board may
request
declaration
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120.3 If, in the course of determining an
application for a licence or permit, or deter
mining 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 restric
tion, 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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1993, c. 44,
s. 188
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86. Subsections 120.4(1) and (2) of the Act
are replaced by the following:
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Exportation to
United States
or Chile
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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
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 conse
quence 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.
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Effect of
orders
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(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.
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1993, c. 44,
s. 188
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87. The portion of section 120.5 of the Act
before paragraph (a) is replaced by the
following:
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Where no
declaration
made
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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 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
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R.S., c. S-15
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Special Import Measures Act |
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88. Subparagraph 8(2)(a)(i) of the Special
Import Measures Act is replaced by the
following:
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89. Section 14 of the Act is replaced by the
following:
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Exemption of
goods from
application of
Act
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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 the application of this Act.
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Exemption of
goods of
Chile from
application of
Act
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(2) The Governor in Council may, on the
recommendation of the Minister of Finance,
make regulations exempting any goods or
class of goods of Chile from the application of
this Act or any of its provisions. The exemp
tion may be in respect of the dumping of those
goods or that class.
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Duration and
conditions
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(3) Regulations made under subsection (2)
may specify the period during which the
exemption applies and make it subject to
conditions.
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90. The Act is amended by adding the
following after section 35:
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Termination
of investiga- tion - Chile
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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,
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Notice of
termination
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(2) The Deputy Minister shall cause notice
of the termination under paragraph (1)(a)
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91. Section 47 of the Act is renumbered as
subsection 47(1) and is amended by adding
the following:
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Termination
of inquiry -
Chile
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(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.
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Notice of
termination
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(3) The Secretary shall
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92. The Act is amended by adding the
following after section 76.1:
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Rescission of Orders and Findings |
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Goods of
Chile
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77. If the Tribunal has made an order or
finding resulting in the levying of anti-dump
ing 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.
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93. Subsection 97(1) of the Act is
amended by adding the following after
paragraph (g.22):
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PART III |
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TRANSITIONAL AND COMING INTO FORCE |
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Transitional |
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Customs
Tariff:
s. 59.11(2)
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94. (1) Every order made under subsec
tion 59.11(2) of the Customs Tariff before
section 55 of this Act comes into force is
deemed to have been made under subsec
tion 59.1(1) of the Customs Tariff.
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Customs
Tariff:
s. 59.11(13)
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(2) Every order made under subsection
59.11(13) of the Customs Tariff before sec
tion 55 of this Act comes into force is
deemed to have been made under subsec
tion 59.1(8) of the Customs Tariff.
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Coming into Force |
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Coming into
force
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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.
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Condition
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(2) No order may be made under subsec
tion (1) unless the Governor in Council is
satisfied that the Government of the Repub
lic of Chile has taken satisfactory steps to
implement the Agreement.
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