Bill C-32

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

PDF

	Orders and Regulations
Regulations re Article III.8	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 III.8 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.
Applicability of regulations in respect of a province	(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 III.8 of the Agreement in respect of which the regulation was made.
Consultation with provincial governments	(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.
Expiration	(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.
Binding on province	(5) A regulation made under subsection (1) in respect of a province is binding on Her Majesty in right of that province.
Orders re Article XIII.18	18. (1) The Governor in Council may, for the purpose of suspending concessions or other obligations in accordance with Article XIII.18 of the Agreement, by order, do any one or more of the following:
	(a) suspend rights or privileges granted by Canada to Costa Rica or to goods, service providers, suppliers, investors or investments of Costa Rica under the Agreement or any federal law;
	(b) modify or suspend the application of any federal law enacted by Part 2, with respect to Costa Rica or to goods, service providers, suppliers, investors or investments of Costa Rica;
	(c) extend the application of any federal law to Costa Rica or to goods, service providers, suppliers, investors or investments of Costa Rica; and
	(d) take any other measure that the Governor in Council considers necessary for that purpose.
Period of order	(2) Unless revoked, an order made under subsection (1) has effect for the period specified in the order.
	PART II
	RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. 47 (4th Supp.)	Canadian International Trade Tribunal Act
1997, c. 14, s. 19(1)	19. *(1) The definition ``textile and apparel goods'' in subsection 2(1) of the Canadian International Trade Tribunal Act* is replaced by the following:**
``textile and apparel goods'' « produits textiles et vêtements »	``textile and apparel goods'' means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA or in Appendix III.1.1.1 of Annex III.1 of the CCRFTA , as the case may be;
1997, c. 14, s. 19(2)	(2) Subsection 2(4) of the Act is replaced by the following:
Same meaning	(4) In this Act,
	(a) ``CCRFTA'' has the same meaning as ``Agreement'' in subsection 2(1) of the Canada - Costa Rica Free Trade Agreement Implementation Act; and
	(b) ``Costa Rica Tariff'' means the rates of customs duty referred to in section 49.1 of the Customs Tariff.
Goods imported from a NAFTA country, Chile or Costa Rica	(5) For the purposes of this Act, goods are imported from a NAFTA country, from Chile or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or from Costa Rica , as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
	20. The Act is amended by adding the following after section 19.012:
Definition of ``principal cause''	19.013 (1) In this section, ``principal cause'' means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.
Emergency measures - C osta Rica	(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Costa Rica Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.
Terms of reference	(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.
Tabling of report	(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.
Notice of report	(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
1997, c. 14, s. 23	21. Section 21.1 of the Act is replaced by the following:
Definition of ``complaint''	21.1 In sections 23 to 30, ``complaint'' means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07) or (1.08) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.
	22. Section 23 of the Act is amended by adding the following after subsection (1.06):
Filing of complaint - Costa Rica Tariff	(1.07) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Costa Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
Filing of complaint - Costa Rica Tariff	(1.08) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that fall under the scope of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement pursuant to a commitment made by Canada, under section 49.2 of the Customs Tariff, to the Costa Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.
1997, c. 14, s. 25	23. Paragraph 25(2)(c) of the Act is replaced by the following:
	(c) in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08) , send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.
	24. (1) Paragraph 26(1)(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (i.6) and by adding the following after subparagraph (i.6):
	(i.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,
	(i.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, or
1997, c. 14, s. 26(2)	(2) Subsection 26(2.1) of the Act is replaced by the following:
Copies to Minister	(2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08) , the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).
	25. (1) Subsection 27(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a.6) and by adding the following after paragraph (a.6):
	(a.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;
	(a.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods; or
	(2) Section 27 of the Act is amended by adding the following after subsection (2.2):
Considera- tions	(2.3) In making a determination under paragraph (1)(a.8), regard shall be had to paragraph 2 of section 4 of Annex III.1 of the CCRFTA.
R.S., c. 1 (2nd Supp.)	Customs Act
1997, c. 14, s. 35(3)	26. *(1) The definitions ``free trade agreement'' and ``free trade partner'' in subsection 2(1) of the Customs Act* are replaced by the following:**
``free trade agreement'' « accord de libre-échange »	``free trade agreement'' means NAFTA, CCFTA, CCRFTA or CIFTA;
``free trade partner'' « partenaire de libre-échange »	``free trade partner'' means
	(a) a NAFTA country,
	(b) Chile,
	(c) Costa Rica , or
	(d ) Israel or another CIFTA beneficiary;
	(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``CCRFTA'' « ALÉCCR »	``CCRFTA'' has the same meaning as ``Agreement'' in subsection 2(1) of the Canada - Costa Rica Free Trade Agreement Implementation Act;
``Costa Rica'' « Costa Rica »	``Costa Rica'' has the same meaning as in subsection 2(1) of the Customs Tariff;
``preferential tariff treatment under CCRFTA'' « traitement tarifaire préférentiel de l'ALÉCCR »	``preferential tariff treatment under CCRFTA'' means, in respect of goods, entitlement to the Costa Rica Tariff rates of customs duty under the Customs Tariff;
1997, c. 14, s. 35(4)	(3) Paragraph 2(1.2)(c) of the Act is replaced by the following:
	(c) preferential tariff treatment under CCRFTA ; or
	(d ) preferential tariff treatment under CIFTA.
1997, c. 14, s. 38, c. 36, s. 163	27. Sections 42.3 and 42.4 of the Act are replaced by the following:
Definition of ``customs administration ''	42.3 (1) In this section,``customs administration'' has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA or Article V.14 of CCRFTA , as the case may be.
Effective date of re-determinati on or further re-determinati on of origin of goods	(2) Subject to subsection (4), a re-determination or further re-determination of origin does 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 or further re-determination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under NAFTA, CCFTA or CCRFTA is claimed and that are the subject of a verification of origin under this Act is that
	(a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and
	(b) that tariff classification or value differs from the tariff classification or value applied to those materials by the NAFTA country from which the goods were exported, from Chile or from Costa Rica , as the case may be.
Limitation	(3) A re-determination or further 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, of Chile or of Costa Rica , as the case may be, has, before that date,
	(a) given an advance ruling under Article 509 of NAFTA, Article E-09 of CCFTA or Article V.9 of CCRFTA , as the case may be, or given another ruling referred to in paragraph 12 of Article 506 of NAFTA, paragraph 12 of Article E-06 of CCFTA or paragraph 15 of Article V.6 of CCRFTA , as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or
	(b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into the NAFTA country, Chile or Costa Rica , as the case may be.
Postponement of effective date	(4) The date on which a re-determination or further 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 further 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, of Chile or of Costa Rica , as the case may be.
	Denial or Withdrawal of Benefit of Preferential Tariff Treatment under NAFTA, CCFTA or CCRFTA
Definition of ``identical goods''	42.4 (1) In this section, ``identical goods'' has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA or Article V.14 of CCRFTA , as the case may be.
Denial or withdrawal of benefit: NAFTA country, Chile or Costa Rica	(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to the prescribed conditions, deny or withdraw preferential tariff treatment under NAFTA, CCFTA or CCRFTA 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.
1997, c. 14, s. 39	28. Paragraph 43.1(1)(b) of the Act is replaced by the following:
	(b) in the case of goods exported from a NAFTA country, from Chile or from Costa Rica , any other matter concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA or in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA , as the case may be.
1996, c. 33, s. 36(1)	29. Paragraph 74(1)(c.11) of the Act is replaced by the following:
	(c.11) the goods were imported from Costa Rica or from Israel or another CIFTA beneficiary but no claim for preferential tariff treatment under CCRFTA or CIFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);
	30. Section 164 of the Act is amended by adding the following after subsection (1.2):
Uniform Regulations	(1.3) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of Chapters III and V of CCRFTA and any other matters that may be agreed on from time to time by the parties to CCRFTA.

Bill C-32

Orders and Regulations

PART II

RELATED AND CONSEQUENTIAL AMENDMENTS

Canadian International Trade Tribunal Act

Customs Act