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 re
solved to
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WHEREAS the Agreement applies gener
ally 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 fol
lows:
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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 Agree
ment entered into between the Government
of Canada and the Government of the Re
public 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 Com
mission 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, or
der or other instrument issued, made or es
tablished in the exercise of a power con
ferred 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 imple
ments 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 pro
visions, 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 pack
aged 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 assis
tance 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 commit
tee 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 Agree
ment, 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 gen
erality 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 carry
ing 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 provisions 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 speci
fied in the order.
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