Bill C-24

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-24

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

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–Peru 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 Peru, signed on May 29, 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 Peru, signed on May 29, 2008; or

(b) the Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 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 Peru in order to foster, in Canada and in the Republic of Peru, the advancement of economic activity;

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

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

(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 Peru 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 in writing of the Attorney General of Canada, including the reasons why consent was given, 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 Peru, signed on May 29, 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 2001.1 of the Agreement;

(b) appoint any person to be a panellist 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 Peru or to goods of the Republic of Peru under the Agreement or any federal law;

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

(c) extend the application of any federal law to the Republic of Peru or to goods of the Republic of Peru; 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. Subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:

(4.1) In this Act, “Peru Tariff” means the rates of customs duty referred to in section 49.5 of the Customs Tariff.

(5) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica or from Peru if they are shipped directly to Canada from the NAFTA country, Chile, Costa Rica or Peru, 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 19.013:

19.014 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

(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 Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly compet- itive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, 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.

(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.

(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 15 days on which that House is sitting after the report is so submitted.

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

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

20.04 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Peru that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competi- tive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.

(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

(4) In an inquiry under section 30.07 into goods imported from Peru conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Peru are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

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), (1.07), (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.

20. Section 23 of the Act is amended by adding the following after subsection (1.08):

(1.09) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Peru 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 production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

21. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.8) and by adding the following after that subparagraph:

(i.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

22. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.8) and by adding the following after that paragraph:

(a.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

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):

(c) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.

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:

“appropriate party”, in respect of a panel determination, means

(a) the Commission for Environmental Cooperation established under Article 8 of the treaty referred to in item 1 of Part 1 of the schedule,

(b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the treaty referred to in item 2 of Part 1 of the schedule,

(c) the Commission for Labor Cooperation established under Article 8 of the treaty referred to in item 1 of Part 2 of the schedule,

(d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the treaty referred to in item 2 of Part 2 of the schedule, or

(e) any other party to whom Canada is required to pay a monetary assessment as a result of a panel determination;

“environmental cooperation treaty” means any treaty respecting environmental cooperation referred to in Part 1 of the schedule;

“labour cooperation treaty” means any treaty respecting labour cooperation referred to in Part 2 of the schedule;

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 CPFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary, or

(e) Peru;

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

“CPFTA” has the same meaning as “Agreement” in section 2 of the Canada–Peru Free Trade Agreement Implementation Act;

“Peru” has the same meaning as in subsection 2(1) of the Customs Tariff;

“preferential tariff treatment under CPFTA” means, in respect of goods, entitlement to the Peru Tariff rates of customs duty under the Customs Tariff;

(3) Subsection 2(1.2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) preferential tariff treatment under CPFTA.

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 CPFTA

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 CPFTA, 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 CPFTA 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 Peru, 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 CPFTA, 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 Peru but no claim for preferential tariff treatment under CCRFTA, CIFTA or CPFTA, 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 (1.3):

(1.4) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of Chapter Four of CPFTA and any other matters that may be agreed on from time to time by the parties to CPFTA.

Customs Tariff

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

“Canada–Peru Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.

“Peru” means the mainland territory, the islands, the maritime zones and the air space above them, over which the Republic of Peru exercises sovereignty, or sovereign rights and jurisdiction, in accordance with its domestic law and international law.

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 Peru 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), 71.1(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.

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 49.5(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 “PT” 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 “Peru Tariff”.

41. Subsection 49.3(1) of the Act is replaced by the following:

49.3 (1) The Governor in Council may, on the recommendation of the Minister, by order, specify limits on the aggregate quantity of goods of tariff item Nos. 1701.91.90, 1701.99.90, 1702.90.11, 1702.90.12, 1702.90.13, 1702.90.14, 1702.90.15, 1702.90.16, 1702.90.17, 1702.90.18 and 1702.90.89 and that are entitled to the Costa Rica Tariff, and the limits apply during the periods and subject to the conditions that may be specified in the order.

42. The Act is amended by adding the following after section 49.4:

Peru Tariff

49.5 (1) Subject to section 24, goods that originate in Peru are entitled to the Peru Tariff rates of customs duty.

(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “PT” in relation to goods entitled to the Peru Tariff, the Peru Tariff rate of customs duty that applies to those goods is the final rate of “Free”.

(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “PT” in relation to goods entitled to the Peru Tariff, the Peru Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

(4) If “R1” or “R2” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “PT” in relation to goods entitled to the Peru Tariff, the Peru Tariff rate of customs duty that applies to those goods is the initial rate, reduced

(a) if “R1” is set out,

(i) effective on the coming into force of this subsection, to two thirds of the initial rate,

(ii) effective on January 1, 2010, to one third of the initial rate, and

(iii) effective on January 1, 2011, to the final rate of “Free”; and

(b) if “R2” is set out,

(i) effective on the coming into force of this subsection, to six sevenths of the initial rate,

(ii) effective on January 1, 2010, to five sevenths of the initial rate,

(iii) effective on January 1, 2011, to four sevenths of the initial rate,

(iv) effective on January 1, 2012, to three sevenths of the initial rate,

(v) effective on January 1, 2013, to two sevenths of the initial rate,

(vi) effective on January 1, 2014, to one seventh of the initial rate, and

(vii) effective on January 1, 2015, to the final rate of “Free”.

(5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.

(6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.

(7) If a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.

(8) Notwithstanding any other provision of this Act, for the purposes of giving effect to Article 317 of the Canada–Peru Free Trade Agreement, the Minister may, by order, amend the schedule to extend entitlement to the Peru Tariff to any imported goods subject to any condition that may be specified in the order.

(9) The Governor in Council may, on the recommendation of the Minister, by order, specify limits on the aggregate quantity of goods of tariff item Nos. 1701.91.10, 1701.99.10, 1702.90.21, 1702.90.61, 1702.90.70 and 1702.90.81 that are entitled to the Peru Tariff, and the limits apply during the periods and subject to the conditions that may be specified in the order.

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

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

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

59.1 An order made under subsection 55(1) may exclude goods of any kind imported from Peru 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.

45. (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):

(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru 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.

46. The Act is amended by adding the following after section 71.1:

Bilateral Emergency Measures — Peru

71.2 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.014(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.09) of that Act, that goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly compet- itive goods, and under such conditions as to constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

(a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 49.5; and

(b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Peru Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

(i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and

(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on January 1, 2007.

(2) An order under subsection (1)

(a) may not be made more than twice during the period beginning on the day on which this subsection comes into force and ending on the day that is seven years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

(b) may not be made after the day that is seven years after the day on which this subsection comes into force.

(3) A measure referred to in an order made under subsection (1) may be applied a second time if the period that has elapsed since the initial application of the measure ended is equal to at least one half of the initial period of application.

(4) If an order made under subsection (1) ceases to have effect in a particular calendar year, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with section 49.5.

(5) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.

47. 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), 71.1(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.

48. 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 Peru for repair or alteration may be imported;

49. (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 “PT:”;

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

(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “PT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “PT”, for all tariff items except tariff items under subheading 3504.00 and those set out in each of Schedules 2 to 4 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 “PT” 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 “PT”, 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 Peru”.

(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 Peru 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 Peru”; 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 Peruvian 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 in that country” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration”.

(6) Tariff item Nos. 1701.91.00, 1701.99.00, 1702.90.20, 1702.90.30 and 1702.90.60 in the List of Tariff Provisions set out in the schedule to the Act are repealed.

(7) The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Schedule 4 to this Act.

(8) The List of Intermediate and Final Rates for Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by deleting tariff item Nos. 1701.91.00, 1701.99.00, 1702.90.20, 1702.90.30 and 1702.90.60.

Department of Human Resources and Skills Development Act

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

19.1 (1) All moneys received by Her Maj- esty as a result of a monetary assessment by a panel determination under any treaty respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.

(2) If an amount is assessed against Canada by a panel determination under a treaty respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.

(3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.

(4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.

51. The Act is amended by adding, after section 85, the schedule set out in Schedule 5 to this Act.

Export and Import Permits Act

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

“Peru” has the same meaning as in subsection 2(1) of the Customs Tariff;

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

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

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

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru 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.

Financial Administration Act

55. The Financial Administration Act is amended by adding the following after section 89.5:

Implementation of Canada–Peru Free Trade Agreement

89.6 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that Crown corporation.

(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that corporation.

(3) In subsections (1) and (2), “Canada–Peru Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.

PART 3

COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

56. (1) Subsections (2) to (20) 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 subsection 2(4.1) of the Canadian International Trade Tribunal Act, as enacted by section 16 of the other Act, and subsection 2(4.1) of the Canadian International Trade Tribunal Act, as enacted by section 16 of this Act, are in force, subsection 2(4.1) of the Canadian International Trade Tribunal Act, as enacted by section 16 of this Act, is renumbered as subsection 2(4.2) and is repositioned accordingly if required.

(3) On the first day on which both section 16 of the other Act and section 16 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 Peru if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica or Peru, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

(4) On the first day on which both section 19.014 of the Canadian International Trade Tribunal Act, as enacted by section 17 of the other Act, and section 19.014 of the Canadian International Trade Tribunal Act, as enacted by section 17 of this Act, are in force,

(a) section 19.014 of the Canadian International Trade Tribunal Act, as enacted by section 17 of this Act, is renumbered as section 19.017 and is repositioned accordingly if required; and

(b) the reference to “19.014(2)” in the portion of subsection 71.2(1) of the Customs Tariff before paragraph (a), as enacted by section 46 of this Act, is replaced by a reference to “19.017(2)”.

(5) 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), (1.07), (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.

(6) On the first day on which both subsection 23(1.09) of the Canadian International Trade Tribunal Act, as enacted by section 19 of the other Act, and subsection 23(1.09) of the Canadian International Trade Tribunal Act, as enacted by section 20 of this Act, are in force,

(a) subsection 23(1.09) of the Canadian International Trade Tribunal Act, as enacted by section 20 of this Act, is renumbered as subsection 23(1.093) and is repositioned accordingly if required; and

(b) every reference to “23(1.09)” is replaced by a reference to “23(1.093)” in the following provisions:

(i) subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of this Act,

(ii) paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of this Act, and

(iii) the portion of subsection 71.2(1) of the Customs Tariff before paragraph (a), as enacted by section 46 of this Act.

(7) On the first day on which both subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of the other Act, and subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of this Act, are in force,

(a) subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of this Act, is renumbered as subparagraph 26(1)(a)(i.93) and is repositioned accordingly if required; and

(b) paragraph 26(1)(a) of the English version of the Canadian International Trade Tribunal Act is amended by striking out “or” at the end of subparagraph (i.92).

(8) On the first day on which both paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of the other Act, and paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of this Act, are in force,

(a) paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of this Act, is renumbered as paragraph 27(1)(a.93) and is repositioned accordingly if required; and

(b) subsection 27(1) of the English version of the Canadian International Trade Tribunal Act is amended by striking out “or” at the end of paragraph (a.92).

(9) 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 CPFTA;

“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) Peru;

(10) On the first day on which both paragraph 2(1.2)(e) of the Customs Act, as enacted by subsection 23(3) of the other Act, and paragraph 2(1.2)(e) of the Customs Act, as enacted by subsection 31(3) of this Act, are in force,

(a) paragraph 2(1.2)(e) of the Customs Act, as enacted by subsection 31(3) of this Act, is renumbered as paragraph 2(1.2)(f) and is repositioned accordingly if required; and

(b) subsection 2(1.2) of the English version of the Customs Act is amended by

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

(ii) adding “or” at the end of paragraph (e).

(11) 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 Peru, any matter, other than those referred to in paragraphs (a) to (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 CPFTA, as the case may be; and

(12) 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 Peru but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA or CPFTA, 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);

(13) On the first day on which both subsection 164(1.4) of the Customs Act, as enacted by section 29 of the other Act, and subsection 164(1.4) of the Customs Act, as enacted by section 35 of this Act, are in force, subsection 164(1.4) of the Customs Act, as enacted by section 35 of this Act, is renumbered as subsection 164(1.5) and is repositioned accordingly if required.

(14) 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 Peru if they are shipped directly to Canada from that country.

(15) 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 “PT” 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 “Peru Tariff”.

(16) On the first day on which both section 71.2 of the Customs Tariff, as enacted by section 34 of the other Act, and section 71.2 of the Customs Tariff, as enacted by section 46 of this Act, are in force,

(a) section 71.2 of the Customs Tariff, as enacted by section 46 of this Act, is renumbered as section 71.5 and, together with the heading before it, is repositioned accordingly if required; and

(b) the references to “71.2(1)” in the following provisions are replaced by references to “71.5(1)”:

(i) paragraph 14(2)(c) of the Customs Tariff, as enacted by section 38 of this Act, and

(ii) section 79 of the Customs Tariff, as enacted by section 47 of this Act.

(17) On the first day on which both section 36 of the other Act and section 48 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 Peru 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 Peru for repair or alteration may be imported;

(18) On the first day on which both subsection 37(1) of the other Act and subsection 49(7) 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.

(19) On the first day on which both subsection 37(3) of the other Act and subsection 49(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, 8906.09.91 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 7 to this Act.

(20) On the first day on which both paragraph 37(4)(a) of the other Act and subsection 49(3) of this Act are in force,

(a) if that paragraph 37(4)(a) 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;

(b) if that subsection 49(3) has come into force before that paragraph 37(4)(a), then 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 49(3), then that paragraph 37(4)(a) is deemed to have come into force before that subsection 49(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 Peru for repair or alteration in that country.”.

Coming into Force

57. (1) The provisions of this Act, other than section 56, 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 Peru has taken satisfactory steps to implement the Agreement and the related agreements.