Bill C-23

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-23

An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia

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

SHORT TITLE

1. This Act may be cited as the Canada–Colombia Free Trade Agreement Implementation Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“Agreement” means the Free Trade Agreement between Canada and the Republic of Colombia, signed on November 21, 2008.

“federal law” means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.

“Joint Commission” means the Joint Commission established under Article 2001 of the Agreement.

“Minister” means the Minister for International Trade.

“related agreement” means

(a) the Agreement on the Environment between Canada and the Republic of Colombia, signed on November 21, 2008; or

(b) the Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008.

3. For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.

4. For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.

5. For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.

HER MAJESTY

6. This Act is binding on Her Majesty in right of Canada.

PURPOSE

7. The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specif- ically through their provisions, are to

(a) establish a free trade area in accordance with the Agreement;

(b) promote, through the expansion of recip- rocal trade, the harmonious development of the economic relations between Canada and the Republic of Colombia in order to foster, in Canada and in Colombia, the advancement of economic activity;

(c) provide fair conditions of competition affecting trade between Canada and the Republic of Colombia;

(d) substantially increase investment opportunities in Canada and the Republic of Colombia;

(e) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade;

(f) enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters;

(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Colombia on labour matters; and

(h) promote sustainable development.

CAUSES OF ACTION

8. (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 1 or an order made under that Part.

(2) Subject to Section B of Chapter Eight of the Agreement and Part Three and Annex 4 of the Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, 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 or a related agreement.

PART 1

IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS

Approval

9. The Agreement and the related agreements are approved.

Administrative and Institutional Provisions

10. The Minister is the principal representative of Canada on the Joint Commission.

11. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Commission.

Panels, Committees, Subcommittees and Working Groups

12. The Minister may

(a) appoint any person to be a representative of Canada on any committee or subcommittee referred to in Annex 2001 of the Agreement;

(b) appoint any person to be a panelist in accordance with Article 2108 of the Agreement; and

(c) propose candidates to serve as the chair of panels in accordance with that Article.

13. The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twenty-one of the Agreement and to provide administrative assistance to panels established under that Chapter.

14. The Government of Canada shall pay the costs of or its appropriate share of the costs of

(a) the remuneration and expenses payable to members of panels, committees, subcommittees and working groups and to the assistants of panel members; and

(b) the general expenses incurred by panels, committees, subcommittees and working groups.

Orders

15. (1) The Governor in Council may, for the purpose of suspending benefits in accord- ance with Article 2114 of the Agreement, by order, do any one or more of the following:

(a) suspend rights or privileges granted by Canada to the Republic of Colombia or to goods of the Republic of Colombia under the Agreement or any federal law;

(b) modify or suspend the application of any federal law, with respect to the Republic of Colombia or to goods of the Republic of Colombia;

(c) extend the application of any federal law to the Republic of Colombia or to goods of the Republic of Colombia; and

(d) take any other measure that the Governor in Council considers necessary for that purpose.

(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

PART 2

RELATED AMENDMENTS

Canadian International Trade Tribunal Act

16. (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (3):

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

(5) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica or from Colombia if they are shipped directly to Canada from the NAFTA country, Chile, Costa Rica or Colombia, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

17. The Act is amended by adding the following after section 19.012:

18. The Act is amended by adding the following after section 20.03:

19. Section 21.1 of the Act is replaced by the following:

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), (1.061), (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.

20. Section 23 of the Act is amended by adding the following after subsection (1.06):

21. Paragraph 26(1)(a) of the Act is amended by adding the following after subparagraph (i.6):

22. Subsection 27(1) of the Act is amended by adding the following after paragraph (a.6):

Commercial Arbitration Act

23. Subsection 5(4) of the Commercial Arbitration Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

Crown Liability and Proceedings Act

24. The heading before section 20.1 of the Crown Liability and Proceedings Act is replaced by the following:

Environmental and Labour Cooperation Treaties

25. (1) The definitions “apppropriate Commission”, “Canada–Chile Environmental Cooperation Agreement”, “Canada–Chile Labour Cooperation Agreement”, “Environmental Cooperation Agreement” and “Labor Cooperation Agreement” in section 20.1 of the Act are repealed.

(2) The definitions “panel” and “panel determination” in section 20.1 of the Act are replaced by the following:

“panel” means an arbitral panel or a review panel convened under an environmental cooperation treaty or a labour cooperation treaty;

“panel determination” means a panel determination as defined in an environmental cooperation treaty or a labour cooperation treaty or, if that expression is not defined, a determination made by a panel under one of those treaties regarding the amount of a monetary assessment that Canada is required to pay.

(3) Section 20.1 of the Act is amended by adding the following in alphabetical order:

26. Subsection 20.2(2) of the Act is replaced by the following:

(2) To make a panel determination an order of the Federal Court, the appropriate party shall file a certified copy of the determination in the Registry of that Court and, on filing, the determination becomes an order of that Court.

27. Subsection 20.3(2) of the Act is replaced by the following:

(2) Proceedings for enforcement of a panel determination that is made an order of the Federal Court may be taken against the Crown only in that Court and only by the appropriate party.

28. The portion of subsection 20.4(2) of the Act before paragraph (a) is replaced by the following:

(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 any environmental cooperation treaty or labour cooperation treaty, 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

29. Subsection 30(1) of the Act is replaced by the following:

30. (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.

30. The Act is amended by adding, after section 36, the schedule set out in Schedule 1 to this Act.

Customs Act

31. (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” means NAFTA, CCFTA, CCRFTA, CIFTA or CCOFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary, or

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

(3) Subsection 2(1.2) of the Act is amended by adding the following after paragraph (b):

32. Section 42.4 of the Act and the heading before it are replaced by the following:

Denial or Withdrawal of Benefit of Preferential Tariff Treatment under NAFTA, CCFTA, CCRFTA or CCOFTA

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, Article V.14 of CCRFTA or Article 423 of CCOFTA, as the case may be.

(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, CCRFTA or CCOFTA 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.

33. 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, from Costa Rica or from Colombia, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA or paragraph 1 of Article 419 of CCOFTA, as the case may be; and

34. Paragraph 74(1)(c.11) of the Act is replaced by the following:

(c.11) the goods were imported from Costa Rica, from Israel or another CIFTA beneficiary or from Colombia but no claim for preferential tariff treatment under CCRFTA, CIFTA or CCOFTA, 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);

35. Section 164 of the Act is amended by adding the following after subsection (1.2):

Customs Tariff

36. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:

37. Section 5 of the Act is replaced by the following:

5. For the purposes of this Act, goods are imported from a NAFTA country, Chile, Costa Rica or Colombia if they are shipped directly to Canada from that country.

38. Paragraph 14(2)(c) of the Act is replaced by the following:

(c) by way of compensation for any action taken under subsection 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71(2), 71.01(1), 71.1(2), 72(1), 75(1), 76(1) or 76.1(1) or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

39. Paragraph 24(1)(b) of the Act is replaced by the following:

(b) the goods are entitled to that tariff treatment in accordance with regulations made under section 16 or an order made under paragraph 31(1)(a), 34(1)(a), 38(1)(a) or 42(1)(a), subsection 45(13), section 48 or subsection 49(2) or 49.01(8).

40. Section 27 of the Act is replaced by the following:

27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT” and “COLT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff” and “Colombia Tariff”.

41. The Act is amended by adding the following after section 49:

42. Section 54 of the Act is amended by adding the following in alphabetical order:

43. The Act is amended by adding the following after section 59:

44. (1) The portion of subsection 63(1) of the Act before paragraph (a) is replaced by the following:

63. (1) Subject to subsections (4) and (4.1), if, at any time before the expiry of an order with respect to any goods made under this subsection, subsection 55(1) or section 60 or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

(2) Section 63 of the Act is amended by adding the following after subsection (4):

45. The Act is amended by adding the following after section 71:

46. Section 79 of the Act is replaced by the following:

79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.01(1), 71.1(2), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.

47. Paragraph 133(j) of the Act is replaced by the following:

(j) for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary or Colombia for repair or alteration may be imported;

48. (1) The List of Tariff Provisions set out in the schedule to the Act is amended by

(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “COLT:”;

(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “COLT:”;

(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “COLT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “COLT”, for all tariff items except tariff items under subheading 3504.00 and those set out in each of Schedules 2 and 3 to this Act;

(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “COLT” for tariff items under subheading 3504.00 and those set out in Schedule 2 to this Act; and

(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “COLT”, for each tariff item set out in Schedule 3 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico, Chile or Costa Rica” with a reference to “imported from the United States, Mexico, Chile, Costa Rica or Colombia”.

(3) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Colombia for repair or alteration in that country.”.

(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by

(a) replacing the reference to “Commercial samples imported from the United States, Mexico, Chile or Costa Rica” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica or Colombia”; and

(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican or Costa Rican currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican or Colombian currency”.

(5) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, or Israel or another CIFTA beneficiary for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Colombia for repair or alteration”.

Department of Human Resources and Skills Development Act

49. The Department of Human Resources and Skills Development Act is amended by adding the following after section 19:

50. The Act is amended by adding, after section 85, the schedule set out in Schedule 4 to this Act.

Export and Import Permits Act

51. Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:

52. Subsection 4.2(1) of the Act is amended by adding the following in alphabetical order:

53. Section 5 of the Act is amended by adding the following after subsection (3.3):

Financial Administration Act

54. The Financial Administration Act is amended by adding the following after section 89.4:

PART 3

COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

55. If Bill C-2, introduced in the 2nd session of the 40th Parliament and entitled the Canada–EFTA Free Trade Agreement Implementation Act (referred to in this section as the “first Act”), receives royal assent and a Bill entitled the Canada–Peru Free Trade Agreement Implementation Act (referred to in this section as the “second Act”) is introduced in the 2nd session of the 40th Parliament and receives royal assent, then, on the first day on which the provision of the first Act, the provision of the second Act and the provision of this Act that are set out in one of subsections 58(2) to (11) are all in force, the effects produced by that subsection prevail over any inconsistent effects that would otherwise be produced on the same day by

(a) subsections 56(3), (5), (9), (11), (12), (14), (15) and (17) to (19) of the second Act;

(b) subsections 56(2) to (10) of this Act; or

(c) subsections 57(2), (4), (10), (12) to (14), (17), (31) and (44) of this Act.

56. (1) Subsections (2) to (11) apply if Bill C-2, introduced in the 2nd session of the 40th Parliament and entitled the Canada–EFTA Free Trade Agreement Implementation Act (referred to in this section as the “other Act”), receives royal assent.

(2) On the first day on which both section 16 of the other Act and subsection 16(2) of this Act are in force, subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:

(5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile, from Costa Rica or from Colombia if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica or Colombia, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

(3) On the first day on which both section 18 of the other Act and section 19 of this Act are in force, section 21.1 of the Canadian International Trade Tribunal Act is replaced by the following:

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), (1.061), (1.07), (1.08), (1.09), (1.091) or (1.092) 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.

(4) On the first day on which both subsection 23(1) of the other Act and subsection 31(1) of this Act are in force, 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” means NAFTA, CCFTA, CCRFTA, CEFTA, CIFTA or CCOFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary,

(e) an EFTA state, or

(f) Colombia;

(5) On the first day on which both section 26 of the other Act and section 33 of this Act are in force, paragraph 43.1(1)(b) of the Customs Act is replaced by the following:

(b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica, from an EFTA state or from Colombia, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA or in paragraph 1 of Article 419 of CCOFTA, as the case may be; and

(6) On the first day on which both section 27 of the other Act and section 34 of this Act are in force, paragraph 74(1)(c.11) of the Customs Act is replaced by the following:

(c.11) the goods were imported from Costa Rica, from an EFTA state, from Israel or another CIFTA beneficiary or from Colombia but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA or CCOFTA, 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);

(7) On the first day on which both section 31 of the other Act and section 37 of this Act are in force, section 5 of the Customs Tariff is replaced by the following:

5. For the purposes of this Act, goods are imported from a NAFTA country, Chile, Costa Rica, Iceland, Norway, Switzerland, Liechtenstein or Colombia if they are shipped directly to Canada from that country.

(8) On the first day on which both section 32 of the other Act and section 40 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:

27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT”, “IT”, “NT”, “SLT” and “COLT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff”, “Switzerland–Liechtenstein Tariff” and “Colombia Tariff”.

(9) On the first day on which both section 36 of the other Act and section 47 of this Act are in force, paragraphs 133(j) and (j.1) of the Customs Tariff are replaced by the following:

(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein or Colombia for repair or alteration may be imported;

(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary or Colombia for repair or alteration may be imported;

(10) On the first day on which both subsection 37(3) of the other Act and subsection 48(1) of this Act are in force, the portions of tariff item Nos. 0208.40.10, 0208.40.90, 1516.10.10, 1516.10.90, 1603.00.11, 1603.00.19, 2301.10.10, 2301.10.90, 2309.90.37, 8901.10.10, 8901.10.90, 8901.20.10, 8901.20.90, 8901.90.91, 8901.90.99, 8906.90.91 and 8906.90.99 in the List of Tariff Provisions set out in the schedule to the Customs Tariff in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” are replaced by the portions of the corresponding tariff items set out in Schedule 5 to this Act.

(11) On the first day on which both paragraph 37(4)(a) of the other Act and subsection 48(3) of this Act are in force,

(a) if that paragraph 37(4)(a) has come into force before that subsection 48(3), that subsection 48(3) is deemed never to have come into force and is repealed;

(b) if that subsection 48(3) has come into force before that paragraph 37(4)(a), that paragraph 37(4)(a) is deemed never to have come into force and is repealed;

(c) if that paragraph 37(4)(a) comes into force on the same day as that subsection 48(3), then that paragraph 37(4)(a) is deemed to have come into force before that subsection 48(3) and paragraph (a) applies as a consequence; and

(d) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein or Colombia for repair or alteration in that country.”.

57. (1) Subsections (2) to (54) apply if a Bill entitled the Canada–Peru Free Trade Agreement Implementation Act (referred to in this section as the “other Act”) is introduced in the 2nd session of the 40th Parliament and receives royal assent.

(2) On the first day on which both section 16 of the other Act and subsection 16(2) of this Act are in force, subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:

(5) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica, from Peru or from Colombia if they are shipped directly to Canada from the NAFTA country, Chile, Costa Rica, Peru or Colombia, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

(3) On the first on which both section 20.04 of the Canadian International Trade Tribunal Act, as enacted by section 18 of the other Act, and section 20.04 of the Canadian International Trade Tribunal Act, as enacted by section 18 of this Act, are in force, section 20.04 of the Canadian International Trade Tribunal Act, as enacted by section 18 of this Act, is renumbered as section 20.05 and is repositioned accordingly if required.

(4) On the first day on which both section 19 of the other Act and section 19 of this Act are in force, section 21.1 of the Canadian International Trade Tribunal Act is replaced by the following:

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), (1.061), (1.07), (1.08) or (1.09) 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.

(5) On the first day on which both paragraph 5(4)(c) of the Commercial Arbitration Act, as enacted by section 23 of the other Act, and paragraph 5(4)(c) of the Commercial Arbitration Act, as enacted by section 23 of this Act, are in force,

(a) paragraph 5(4)(c) of the Commercial Arbitration Act, as enacted by section 23 of this Act, is renumbered as paragraph 5(4)(d) and is repositioned accordingly if required; and

(b) subsection 5(4) of the English version of the Commercial Arbitration Act is amended by

(i) striking out “and” at the end of paragraph (b), and

(ii) adding “and” at the end of paragraph (c).

(6) If sections 24 to 29 of the other Act come into force before sections 24 to 29 of this Act, then sections 24 to 29 of this Act are repealed.

(7) If sections 24 to 29 of this Act come into force before sections 24 to 29 of the other Act, then sections 24 to 29 of the other Act are repealed.

(8) If sections 24 to 29 of the other Act come into force on the same day as sections 24 to 29 of this Act, then sections 24 to 29 of the other Act are deemed to have come into force before sections 24 to 29 of this Act and subsection (6) applies as a consequence.

(9) On the first day on which both the schedule to the Crown Liability and Proceedings Act, as enacted by section 30 of the other Act, and the schedule to the Crown Liability and Proceedings Act, as enacted by section 30 of this Act, are in force,

(a) the schedule to the Crown Liability and Proceedings Act, as enacted by section 30 of this Act, is repealed; and

(b) Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following after section 3:

4. The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.

(10) On the first day on which both subsection 31(1) of the other Act and subsection 31(1) of this Act are in force, 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” means NAFTA, CCFTA, CCRFTA, CIFTA, CPFTA or CCOFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary,

(e) Peru, or

(f) Colombia;

(11) On the first day on which both section 32 of the other Act and section 32 of this Act are in force, section 42.4 of the Customs Act and the heading before it are replaced by the following:

Denial or Withdrawal of Benefit of Preferential Tariff Treatment under NAFTA, CCFTA, CCRFTA, CPFTA or CCOFTA

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, Article V.14 of CCRFTA, Article 423 of CPFTA or Article 423 of CCOFTA, as the case may be.

(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to the prescribed conditions, deny or withdraw pref- erential tariff treatment under NAFTA, CCFTA, CCRFTA, CPFTA or CCOFTA 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.

(12) On the first day on which both section 33 of the other Act and section 33 of this Act are in force, paragraph 43.1(1)(b) of the Customs Act is replaced by the following:

(b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica, from Peru or from Colombia, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in paragraph 1 of Article 419 of CPFTA or in paragraph 1 of Article 419 of CCOFTA, as the case may be; and

(13) On the first day on which both section 34 of the other Act and section 34 of this Act are in force, paragraph 74(1)(c.11) of the Customs Act is replaced by the following:

(c.11) the goods were imported from Costa Rica, from Israel or another CIFTA beneficiary, from Peru or from Colombia but no claim for preferential tariff treatment under CCRFTA, CIFTA, CPFTA or CCOFTA, 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);

(14) On the first day on which both section 37 of the other Act and section 37 of this Act are in force, section 5 of the Customs Tariff is replaced by the following:

5. For the purposes of this Act, goods are imported from a NAFTA country, Chile, Costa Rica, Peru or Colombia if they are shipped directly to Canada from that country.

(15) On the first day on which both section 38 of the other Act and section 38 of this Act are in force, paragraph 14(2)(c) of the Customs Tariff is replaced by the following:

(c) by way of compensation for any action taken under subsection 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71(2), 71.01(1), 71.1(2), 71.2(1), 72(1), 75(1), 76(1) or 76.1(1) or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

(16) On the first day on which both section 39 of the other Act and section 39 of this Act are in force, paragraph 24(1)(b) of the Customs Tariff is replaced by the following:

(b) the goods are entitled to that tariff treatment in accordance with regulations made under section 16 or an order made under paragraph 31(1)(a), 34(1)(a), 38(1)(a) or 42(1)(a), subsection 45(13), section 48 or subsection 49(2), 49.01(8) or 49.5(8).

(17) On the first day on which both section 40 of the other Act and section 40 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:

27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT”, “PT” and “COLT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Peru Tariff” and “Colombia Tariff”.

(18) If section 43 of the other Act comes into force before section 42 of this Act, then that section 42 is replaced by the following:

42. The definition “principal cause” in section 54 of the Act is replaced by the following:

“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause.

(19) If section 42 of this Act comes into force before section 43 of the other Act, then that section 43 is replaced by the following:

43. The definition “principal cause” in section 54 of the Act is replaced by the following:

“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause.

(20) If section 43 of the other Act comes into force on the same day as section 42 of this Act, then that section 43 is deemed to have come into force before that section 42 and subsection (18) applies as a consequence.

(21) If section 44 of the other Act comes into force before section 43 of this Act, then that section 43 is replaced by the following:

43. Section 59.1 of the Act is replaced by the following:

59.1 An order made under subsection 55(1) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

(22) If section 43 of this Act comes into force before section 44 of the other Act, then that section 44 is replaced by the following:

44. Section 59.1 of the Act is replaced by the following:

59.1 An order made under subsection 55(1) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

(23) If section 44 of the other Act comes into force on the same day as section 43 of this Act, then that section 44 is deemed to have come into force before that section 43 and subsection (21) applies as a consequence.

(24) If subsection 45(1) of the other Act comes into force before subsection 44(1) of this Act, then that subsection 44(1) is repealed.

(25) If subsection 44(1) of this Act comes into force before subsection 45(1) of the other Act, then that subsection 45(1) is repealed.

(26) If subsection 45(1) of the other Act comes into force on the same day as subsection 44(1) of this Act, then that subsection 45(1) is deemed to have come into force before that subsection 44(1) and subsection (24) applies as a consequence.

(27) If subsection 45(2) of the other Act comes into force before subsection 44(2) of this Act, then that subsection 44(2) is replaced by the following:

(2) Subsection 63(4.1) of the Act is replaced by the following:

(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

(28) If subsection 44(2) of this Act comes into force before subsection 45(2) of the other Act, then that subsection 45(2) is replaced by the following:

(2) Subsection 63(4.1) of the Act is replaced by the following:

(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

(29) If subsection 45(2) of the other Act comes into force on the same day as subsection 44(2) of this Act, then that subsection 45(2) is deemed to have come into force before that subsection 44(2) and subsection (27) applies as a consequence.

(30) On the first day on which both section 47 of the other Act and section 46 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:

79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.01(1), 71.1(2), 71.2(1), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.

(31) On the first day on which both section 48 of the other Act and section 47 of this Act are in force, paragraph 133(j) of the Customs Tariff is replaced by the following:

(j) for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration may be imported;

(32) If paragraphs 48(1)(a) and (b) of this Act come into force before paragraphs 49(1)(a) and (b) of the other Act, then those paragraphs 49(1)(a) and (b) are replaced by the following:

(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “COLT”, a reference to “PT:”;

(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “COLT”, a reference to “PT:”;

(33) If paragraphs 49(1)(a) and (b) of the other Act come into force on the same day as paragraphs 48(1)(a) and (b) of this Act, then those paragraphs 49(1)(a) and (b) are deemed to have come into force before those paragraphs 48(1)(a) and (b).

(34) If subsection 49(2) of the other Act comes into force before subsection 48(2) of this Act, then that subsection 48(2) is replaced by the following:

(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”.

(35) If subsection 48(2) of this Act comes into force before subsection 49(2) of the other Act, then that subsection 49(2) is replaced by the following:

(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico, Chile, Costa Rica or Colombia” with a reference to “imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”.

(36) If subsection 49(2) of the other Act comes into force on the same day as subsection 48(2) of this Act, then that subsection 49(2) is deemed to have come into force before that subsection 48(2) and subsection (34) applies as a consequence.

(37) On the first day on which both subsection 49(3) of the other Act and subsection 48(3) of this Act are in force,

(a) if that subsection 49(3) has come into force before that subsection 48(3), then that subsection 48(3) is deemed never to have come into force and is repealed;

(b) if that subsection 48(3) has come into force before that subsection 49(3), then that subsection 49(3) is deemed never to have come into force and is repealed;

(c) if that subsection 49(3) comes into force on the same day as that subsection 48(3), then that subsection 49(3) is deemed to have come into force before that subsection 48(3) and paragraph (a) applies as a consequence; and

(d) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration in that country.”.

(38) If subsection 49(4) of the other Act comes into force before subsection 48(4) of this Act, then that subsection 48(4) is replaced by the following:

(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by

(a) replacing the reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”; and

(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican or Peruvian currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian currency”.

(39) If subsection 48(4) of this Act comes into force before subsection 49(4) of the other Act, then that subsection 49(4) is replaced by the following:

(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by

(a) replacing the reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica or Colombia” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”; and

(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican or Colombian currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian currency”.

(40) If subsection 49(4) of the other Act comes into force on the same day as subsection 48(4) of this Act, then that subsection 49(4) is deemed to have come into force before that subsection 48(4) and subsection (38) applies as a consequence.

(41) If subsection 49(5) of the other Act comes into force before subsection 48(5) of this Act, then that subsection 48(5) is replaced by the following:

(5) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration”.

(42) If subsection 48(5) of this Act comes into force before subsection 49(5) of the other Act, then that subsection 49(5) is replaced by the following:

(5) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Colombia for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration”.

(43) If subsection 49(5) of the other Act comes into force on the same day as subsection 48(5) of this Act, then that subsection 49(5) is deemed to have come into force before that subsection 48(5) and subsection (41) applies as a consequence.

(44) On the first day on which both subsection 49(7) of the other Act and subsection 48(1) of this Act are in force, the portions of tariff item Nos. 1701.91.10, 1701.91.90, 1701.99.10, 1701.99.90, 1702.90.21, 1702.90.29, 1702.90.61, 1702.90.69, 1702.90.70, 1702.90.81 and 1702.90.89 in the List of Tariff Provisions set out in the schedule to the Customs Tariff in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” are replaced by the portions of the corresponding tariff items set out in Schedule 6 to this Act.

(45) If section 50 of the other Act comes into force before section 49 of this Act, then that section 49 is repealed.

(46) If section 49 of this Act comes into force before section 50 of the other Act, then that section 50 is repealed.

(47) If section 50 of the other Act comes into force on the same day as section 49 of this Act, then that section 50 is deemed to have come into force before that section 49 and subsection (45) applies as a consequence.

(48) On the first day on which both the schedule to the Department of Human Resources and Skills Development Act, as enacted by section 51 of the other Act, and the schedule to the Department of Human Resources and Skills Development Act, as enacted by section 50 of this Act, are in force,

(a) the schedule to the Department of Human Resources and Skills Development Act, as enacted by that section 50, is repealed; and

(b) the schedule to the Department of Human Resources and Skills Development Act is amended by adding the following after section 1:

2. The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.

(49) If section 53 of the other Act comes into force before section 52 of this Act, then that section 52 is replaced by the following:

52. The definition “principal cause” in subsection 4.2(1) of the Act is replaced by the following:

“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause;

(50) If section 52 of this Act comes into force before section 53 of the other Act, then that section 53 is replaced by the following:

53. The definition “principal cause” in subsection 4.2(1) of the Act is replaced by the following:

“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause;

(51) If section 53 of the other Act comes into force on the same day as section 52 of this Act, then that section 53 is deemed to have come into force before that section 52 and subsection (49) applies as a consequence.

(52) If section 54 of the other Act comes into force before section 53 of this Act, then that section 53 is replaced by the following:

53. Subsection 5(3.4) of the Act is replaced by the following:

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

(53) If section 53 of this Act comes into force before section 54 of the other Act, then that section 54 is replaced by the following:

54. Subsection 5(3.4) of the Act is replaced by the following:

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

(54) If section 54 of the other Act comes into force on the same day as section 53 of this Act, then that section 54 is deemed to have come into force before that section 53 and subsection (52) applies as a consequence.

58. (1) Subsections (2) to (15) apply if Bill C-2, introduced in the 2nd session of the 40th Parliament and entitled the Canada–EFTA Free Trade Agreement Implementation Act (referred to in this section as the “first Act”), receives royal assent and a Bill entitled the Canada–Peru Free Trade Agreement Implementation Act (referred to in this section as the “second Act”) is introduced in the 2nd session of the 40th Parliament and receives royal assent.

(2) On the first day on which section 16 of the first Act, section 16 of the second Act and subsection 16(2) of this Act are all in force, subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:

(5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile, from Costa Rica, from Peru or from Colombia if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica, Peru or Colombia, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

(3) On the first day on which section 18 of the first Act, section 19 of the second Act and section 19 of this Act are all in force, section 21.1 of the Canadian International Trade Tribunal Act is replaced by the following:

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), (1.061), (1.07), (1.08), (1.09), (1.091), (1.092) or (1.093) 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.

(4) On the first day on which subsection 23(1) of the first Act, subsection 31(1) of the second Act and subsection 31(1) of this Act are all in force, 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” means NAFTA, CCFTA, CCRFTA, CEFTA, CIFTA, CPFTA or CCOFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary,

(e) an EFTA state,

(f) Peru, or

(g) Colombia;

(5) On the first day on which section 26 of the first Act, section 33 of the second Act and section 33 of this Act are all in force, paragraph 43.1(1)(b) of the Customs Act is replaced by the following:

(b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica, from an EFTA state, from Peru or from Colombia, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA, in paragraph 1 of Article 419 of CPFTA or in paragraph 1 of Article 419 of CCOFTA, as the case may be; and

(6) On the first day on which section 27 of the first Act, section 34 of the second Act and section 34 of this Act are all in force, paragraph 74(1)(c.11) of the Customs Act is replaced by the following:

(c.11) the goods were imported from Costa Rica, from an EFTA state, from Israel or another CIFTA beneficiary, from Peru or from Colombia but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA, CPFTA or CCOFTA, 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);

(7) On the first day on which section 31 of the first Act, section 37 of the second Act and section 37 of this Act are all in force, section 5 of the Customs Tariff is replaced by the following:

5. For the purposes of this Act, goods are imported from a NAFTA country, Chile, Costa Rica, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia if they are shipped directly to Canada from that country.

(8) On the first day on which section 32 of the first Act, section 40 of the second Act and section 40 of this Act are all in force, section 27 of the Customs Tariff is replaced by the following:

27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT”, “IT”, “NT”, “SLT”, “PT” and “COLT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff”, “Switzerland–Liechtenstein Tariff”, “Peru Tariff” and “Colombia Tariff”.

(9) On the first day on which section 36 of the first Act, section 48 of the second Act and section 47 of this Act are all in force, paragraphs 133(j) and (j.1) of the Customs Tariff are replaced by the following:

(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration may be imported;

(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration may be imported;

(10) On the first day on which subsection 37(1) of the first Act, subsection 49(7) of the second Act and subsection 48(1) of this Act are all in force, the portions of tariff item Nos. 1701.91.10, 1701.91.90, 1701.99.10, 1701.99.90, 1702.90.21, 1702.90.29, 1702.90.61, 1702.90.69, 1702.90.70, 1702.90.81 and 1702.90.89 in the List of Tariff Provisions set out in the schedule to the Customs Tariff in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” are replaced by the portions of the corresponding tariff items set out in Schedule 7 to this Act.

(11) On the first day on which subsection 37(3) of the first Act, subsection 49(1) of the second Act and subsection 48(1) of this Act are all in force, the portions of tariff item Nos. 0208.40.10, 0208.40.90, 1516.10.10, 1516.10.90, 1603.00.11, 1603.00.19, 2301.10.10, 2301.10.90, 2309.90.37, 8901.10.10, 8901.10.90, 8901.20.10, 8901.20.90, 8901.90.91, 8901.90.99, 8906.90.91 and 8906.90.99 in the List of Tariff Provisions set out in the schedule to the Customs Tariff in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” are replaced by the portions of the corresponding tariff items set out in Schedule 8 to this Act.

(12) If paragraph 37(4)(a) of the first Act comes into force after subsection 57(37) of this Act has produced its effects, then, on the day on which that paragraph 37(4)(a) comes into force,

(a) subsection 56(20) of the second Act and subsection 56(11) of this Act are deemed never to have produced their effects and are repealed; and

(b) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration in that country.”.

(13) If subsection 49(3) of the second Act comes into force after subsection 56(11) of this Act has produced its effects, then, on the day on which that subsection 49(3) comes into force,

(a) subsection 56(20) of the second Act and subsection 57(37) of this Act are deemed never to have produced their effects and are repealed; and

(b) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration in that country.”.

(14) If subsection 48(3) of this Act comes into force after subsection 56(20) of the second Act has produced its effects, then, on the day on which that subsection 48(3) comes into force,

(a) subsections 56(11) and 57(37) of this Act are deemed never to have produced their effects and are repealed; and

(b) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration in that country.”.

(15) If one of paragraph 37(4)(a) of the first Act, subsection 49(3) of the second Act and subsection 48(3) of this Act comes into force before the two other provisions and those two other provisions then come into force on the same day — or if those three provisions all come into force on the same day — then, on that day,

(a) subsection 56(20) of the second Act and subsections 56(11) and 57(37) of this Act are deemed never to have produced their effects and are repealed; and

(b) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration in that country.”.

Coming into Force

59. (1) The provisions of this Act, other than sections 55 to 58, come into force on a day or days to be fixed by order of the Governor in Council.

(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the Republic of Colombia has taken satisfactory steps to implement the Agreement and the related agreements.