Bill S-14

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First Reading

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3rd Session, 37th Parliament,

52-53 Elizabeth II, 2004

senate of canada

BILL S-14

An Act to amend the Agreement on Internal Trade Implementation Act

WHEREAS the Government of Canada, together with the Governments of Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, the Northwest Territories and the Yukon Territory, entered into an Agreement on Internal Trade in 1994, which now applies also to Nunavut;

AND WHEREAS the Agreement was implemented by the Agreement on Internal Trade Implementation Act;

AND WHEREAS the elimination or reduction of barriers to the free movement of persons, goods, services and investments remains essential for the promotion of an open, efficient and stable domestic market to enhance the competitiveness of Canadian business and sustainable development;

AND WHEREAS the achievement of these objectives would be significantly enhanced by providing a right of action to persons who have suffered loss as a result of a breach of certain provisions of the Agreement;

NOW, THEREFORE, Her Majesty, by and with the advice of the Senate and House of Commons of Canada, enacts as follows:

1996, c.17

1. The Agreement on Internal Trade Implementation Act is amended by adding the following after section 4:

Binding on Her Majesty

4.1 Subsections 5(3) and (4) are binding on Her Majesty in right of a province.

2. Subsection 5(2) of the Act is replaced by the following:

Limits on action

(2) Except to the extent provided in subsection (3) and in Part B of Chapter Seventeen of the Agreement, there is no 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 the Agreement.

Private cause of action

(3) If a panel established under Part B of Chapter Seventeen of the Agreement finds that an act or omission was contrary to any of the provisions of the Agreement listed in subsection (4), any person who has suffered loss or damage as a result of the act or omission may bring an action for damages in a court of competent jurisdiction in respect of the loss or damage.

Relevant provisions

(4) The provisions of the Agreement referred to in subsection (3) are the following:

(a) Article 401 (Reciprocal Non-Discrimination — General);

(b) Article 402 (Right of Entry and Exit);

(d) Article 405 (Reconciliation), including Annex 405.1 (Standards and Standards-Related Measures);

(e) Article 406 (Transparency);

(f) Paragraph 4 of Article 502 (Scope and Coverage — Procurement) including Annex 502.4 (Provisions for municipalities, municipal organizations, school boards and publicly funded academic, health and social service entities);

(g) Article 504 (Reciprocal Non-Discrimination — Procurement);

(h) Article 506 (Procedures for Procurement);

(i) Article 603 (Reciprocal Non-Discrimination — Investment);

(j) Article 604 (Local Presence and Residency Requirements);

(k) Article 607 (Performance Requirements);

(l) Article 608 (Incentives);

(m) Article 609 (Government Enterprises and Monopolies);

(n) Article 612 (Transparency and Reporting Requirements);

(o) Article 706 (Residency Requirements);

(p) Article 707 (Licensing, Certification and Registration of Workers); and

(q) Article 708 (Recognition of Occupational Qualifications and Reconciliation of Occupational Standards).

Limitation

(5) No action may be brought under subsection (3) after two years from the day on which the conduct that caused the loss or damage was found by a panel to be contrary to a provision of the Agreement listed in subsection (4).

Published under authority of the Senate of Canada

Explanatory Notes

Agreement on Internal Trade Implementation Act

Clause 2: Subsection 5(2) reads as follows:

(2) Except to the extent provided in Part B of Chapter Seventeen of the Agreement, there is no 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.