Bill C-46

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First Reading

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3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-46

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

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

SHORT TITLE

Short title

1. This Act may be cited as the Canada–Panama Free Trade Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“Agreement”
« Accord »

“Agreement” means the Free Trade Agreement between Canada and the Republic of Panama, done at Ottawa on May 14, 2010.

“federal law”
« texte législatif fédéral »

“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”
« Commission mixte »

“Joint Commission” means the Joint Commission established under Article 21.01 of the Agreement.

“Minister”
« ministre »

“Minister” means the Minister for International Trade.

“related agreement”
« accord connexe »

“related agreement” means

(a) the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010; or

(b) the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010.

Interpretation consistent with agreements

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.

Non-application of Act or Agreement to water

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

Construction

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

Binding on Her Majesty

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

PURPOSE

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 Panama in order to foster, in both countries, the advancement of economic activity;

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

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

(f) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Panama 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 Panama on labour matters; and

(h) promote sustainable development.

CAUSES OF ACTION

Causes of action under Part 1

8. (1) No person has any cause of action and no proceedings of any kind are to 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.

Causes of action under the Agreement or a related agreement

(2) Subject to Section C of Chapter 9 of the Agreement and Part Three and Annex 3 of the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, no person has any cause of action and no proceedings of any kind are to 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

Agreements approved

9. The Agreement and the related agreements are approved.

Administrative and Institutional Provisions

Canadian representative on Joint Commission

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

Payment of expenditures

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

Panels, Committees, Subcommittees, Working Groups and Expert Groups

Powers of Minister

12. (1) The Minister may

(a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 21.01 of the Agreement;

(b) appoint a panellist in accordance with Article 22.08 of the Agreement; and

Powers of Minister of the Environment

(2) The Minister of the Environment may

(a) appoint representatives of Canada to the committee referred to in Article 17 of the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010;

(b) appoint a panellist in accordance with paragraph 11 of Annex I to that Agreement; and

Powers of the Minister of Labour

(3) The Minister of Labour may

(a) appoint representatives of Canada to any committee, working group or expert group referred to in Article 7 of the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010;

(b) appoint a panellist in accordance with paragraph 4 of Annex 2 to that Agreement; and

(c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that paragraph.

Administrative support

13. The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 22 of the Agreement and to provide administrative assist- ance to panels established under that Chapter.

Payment of costs

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

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

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

Orders

Orders re Article 22.13 of Agreement

15. (1) The Governor in Council may, for the purpose of suspending benefits in accord- ance with Article 22.13 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 Panama or to goods of the Republic of Panama under the Agreement or any federal law;

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

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

Period of order

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

PART 2

RELATED AMENDMENTS

R.S., c. 47 (4th Supp.)

Canadian International Trade Tribunal Act

16. (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (2.1):

Definition of “Panama Tariff”

(2.2) In this Act, “Panama Tariff” means the rates of customs duty referred to in section 49.41 of the Customs Tariff.

2009, c. 16, s. 56(3)

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

Goods imported from certain countries

(5) For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff:

a NAFTA country

an EFTA state

Chile

Costa Rica

Panama

Peru

17. The Act is amended by adding the following after section 19.013:

Definition of “principal cause”

19.0131 (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.

Emergency measures — Panama

(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 Panama 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.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

Notice of report

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

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

Definition of “principal cause”

20.031 (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.

Determination in respect of goods imported from Panama

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Panama 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 competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.

Determinations

(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.

Inquiry under section 30.07

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

2009, c. 16, s. 56(5)

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

Definition of “complaint”

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under any of subsections 23(1) to (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.

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

Filing of complaint — Panama Tariff

(1.081) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Panama 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 adding the following after subparagraph (i.8):

(i.81) in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama 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,

22. Subsection 27(1) of the Act is amended by adding the following after paragraph (a.8):

(a.81) in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama 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;

R.S., c. 17 (2nd Supp.)

Commercial Arbitration Act

23. The definition “Code” in section 2 of the Commercial Arbitration Act is replaced by the following:

“Code”
« Code »

“Code” means the Commercial Arbitration Code, based on the model law adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule 1;

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

(c.1) a claim under a provision, set out in column 1 of Schedule 2, of an agreement that is set out in column 2.

25. The schedule to the Act is renumbered as Schedule 1.

26. The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act.

27. Regulations, within the meaning of section 2 of the Statutory Instruments Act, made under an Act of Parliament are amended by replacing every reference to the schedule to the Commercial Arbitration Act with a reference to Schedule 1 wherever it occurs, and more particularly in the following provisions:

(a) in the Kananaskis Falls and Horseshoe Falls Water Power Regulations,

(i) subparagraph 4(g)(i) of Schedule I, and

(ii) subparagraph 4(g)(i) of Schedule II; and

(b) in the Federal Courts Rules,

(i) subsection 324(1),

(ii) the definition “arbitration agreement” in section 326,

(iii) paragraph (d) of the definition “foreign judgment” in section 326, and

(iv) paragraph 1(d) of Form 327.

R.S., c. C-50; 1990, c. 8, s. 21

Crown Liability and Proceedings Act

2009, c. 16, s. 25(3)

28. Paragraphs (a) to (d) of the definition “appropriate party” in section 20.1 of the Crown Liability and Proceedings Act are replaced by the following:

(a) the Commission for Environmental Cooperation established under Article 8 of the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement,

(b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement,

(c) the Commission for Labor Cooperation established under Article 8 of the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement,

(d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement, or

2009, c. 16, s. 30

29. The schedule to the Act is replaced by the schedule set out in Schedule 2 to this Act.

R.S., c. 1 (2nd Supp.)

Customs Act

1997, c. 36, s. 147(1); 2001, c. 28, s. 26(2); 2009, c. 6, s. 23(2), c. 16, s. 31(2)

30. (1) The definitions “preferential tariff treatment under CCFTA”, “preferential tariff treatment under CCRFTA”, “preferential tariff treatment under CEFTA”, “preferential tariff treatment under CIFTA”, “preferential tariff treatment under CPFTA” and “preferential tariff treatment under NAFTA” in subsection 2(1) of the Customs Act are repealed.

2009, c. 16, s. 56(9)

(2) The definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Act are replaced by the following:

“free trade agreement”
« accord de libre-échange »

“free trade agreement” means an agreement set out in column 2 of Part 1 of the schedule;

“free trade partner”
« partenaire de libre-échange »

“free trade partner” means a country or territory set out in column 1 of Part 1 of the schedule;

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

“CPAFTA”
« ALÉCPA »

“CPAFTA” has the same meaning as “Agreement” in section 2 of the Canada–Panama Free Trade Act;

“Panama”
« Panama »

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

“preferential tariff treatment”
« traitement tarifaire préférentiel »

“preferential tariff treatment” means, in respect of goods, entitlement to whichever tariff set out in column 3 of Part 1 of the schedule is applicable in the circumstances;

1997, c. 14, s. 35(4); 2001, c. 28, s. 26(3); 2009, c. 6, s. 23(3), c. 16, s. 31(3) and par. 56(10)(a)

(4) Subsection 2(1.2) of the Act is repealed.

1988, c. 65, s. 69

31. Paragraph 35.1(4)(c) of the French version of the Act is replaced by the following:

c) exempter des personnes ou des marchandises, individuellement ou par catégorie, de l’application du paragraphe (1), sous réserve des éventuelles conditions prévues par le règlement.

1997, c. 36, s. 162

32. Subsection 42.2(1) of the French version of the Act is replaced by the following:

Déclaration de l’origine

42.2 (1) Dès l’achèvement de la vérification de l’origine en application de l’alinéa 42.1(1)a), l’agent désigné, en application du paragraphe 42.1(1), fournit à l’exportateur ou au producteur des marchandises en cause une déclaration établissant si celles-ci sont admissibles, au titre du Tarif des douanes, au traitement tarifaire préférentiel demandé.

2009, c. 16, s. 32

33. 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 Certain Free Trade Agreements

Definition of “identical goods”

42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by the provision, set out in column 2 of Part 2 of the schedule, of an agreement set out in column 1.

Denial or withdrawal of benefit — specified countries

(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to any prescribed conditions, deny or withdraw pref- erential tariff treatment under an agreement set out in column 1 of Part 2 of the schedule 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.

2009, c. 16, s. 56(12)

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

(c.11) the goods were imported from Israel or another CIFTA beneficiary or from a country or territory listed in column 1 of Part 3 of the schedule but no claim for preferential tariff treatment under CIFTA or an agreement set out in column 2, 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);

1993, c. 44, s. 108(1); 1997, c. 14, s. 47(1); 2001, c. 28, s. 30; 2009, c. 6, s. 29, c. 16, ss. 35 and 56(13)

35. Subsections 164(1.1) to (1.5) of the Act are replaced by the following:

Regulations

(1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a chapter or provision, set out in column 2 of Part 4 of the schedule, of an agreement set out in column 1 and any other matters that may be agreed on from time to time by the parties to that agreement.

36. Schedules I to IV to the Act are replaced by the schedule set out in Schedule 3 to this Act.

1997, c. 36

Customs Tariff

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

“Canada– Panama Free Trade Agreement”
« Accord de libre-échange Canada-Panama »

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

“Panama”
« Panama »

“Panama” means the land, maritime areas, and air space under the sovereignty of the Republic of Panama and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with its domestic law and international law.

2009, c. 16, s. 56(14)

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

Goods imported from certain countries

5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:

a NAFTA country

Chile

Costa Rica

Iceland

Liechtenstein

Norway

Panama

Peru

Switzerland

2009, c. 16, s. 38 and subpar. 56(16)(b)(i)

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

(i) subsection 55(1),

(ii) section 60,

(iii) subsection 63(1),

(iv) subsection 69(2),

(v) subsection 70(2),

(vi) subsection 71(2),

(vii) subsection 71.1(2),

(viii) subsection 71.41(1),

(ix) subsection 71.5(1),

(x) subsection 72(1),

(xi) subsection 75(1),

(xii) subsection 76(1),

(xiii) subsection 76.1(1),

(xiv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

2009, c. 16, s. 56(15)

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

Abbreviations

27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.

“AUT”
« TAU »

“AUT” refers to the Australia Tariff.

“CCCT”
« TPAC »

“CCCT” refers to the Commonwealth Caribbean Countries Tariff.

“CIAT”
« TACI »

“CIAT” refers to the Canada–Israel Agreement Tariff.

“CRT”
« TCR »

“CRT” refers to the Costa Rica Tariff.

“CT”
« TC »

“CT” refers to the Chile Tariff.

“GPT”
« TPG »

“GPT” refers to the General Preferential Tariff.

“IT”
« TI »

“IT” refers to the Iceland Tariff.

“LDCT”
« TPMD »

“LDCT” refers to the Least Developed Country Tariff.

“MT”
« TM »

“MT” refers to the Mexico Tariff.

“MUST”
« TMÉU »

“MUST” refers to the Mexico–United States Tariff.

“NT”
« TN »

“NT” refers to the Norway Tariff.

“NZT”
« TNZ »

“NZT” refers to the New Zealand Tariff.

“PAT”
« TPA »

“PAT” refers to the Panama Tariff.

“PT”
« TP »

“PT” refers to the Peru Tariff.

“SLT”
« TSL »

“SLT” refers to the Switzerland–Liechtenstein Tariff.

“UST”
« TÉU »

“UST” refers to the United States Tariff.

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

Panama Tariff

Application of PAT

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

“A” final rate

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

“F” staging for PAT

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

Staging for PAT

(4) If “T1”, “T2” or “T3” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “PAT” in relation to goods entitled to the Panama Tariff, the Panama Tariff rate of customs duty that applies to those goods is the initial rate, reduced

(a) if “T1” 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 of the year that is one year after the year of the coming into force of this subsection, to one third of the initial rate, and

(iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to the final rate of “Free”;

(b) if “T2” is set out,

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

(ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to three fifths of the initial rate,

(iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to two fifths of the initial rate,

(iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to one fifth of the initial rate, and

(v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to the final rate of “Free”; and

(i) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to nine tenths of the initial rate,

(ii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to eight tenths of the initial rate,

(iii) effective on January 1 of the year that is seven years after the year of the coming into force of this subsection, to seven tenths of the initial rate,

(iv) effective on January 1 of the year that is eight years after the year of the coming into force of this subsection, to six tenths of the initial rate,

(v) effective on January 1 of the year that is nine years after the year of the coming into force of this subsection, to five tenths of the initial rate,

(vi) effective on January 1 of the year that is 10 years after the year of the coming into force of this subsection, to four tenths of the initial rate,

(vii) effective on January 1 of the year that is 11 years after the year of the coming into force of this subsection, to three tenths of the initial rate,

(viii) effective on January 1 of the year that is 12 years after the year of the coming into force of this subsection, to two tenths of the initial rate,

(ix) effective on January 1 of the year that is 13 years after the year of the coming into force of this subsection, to one tenth of the initial rate, and

(x) effective on January 1 of the year that is 14 years after the year of the coming into force of this subsection, to the final rate of “Free”.

Rounding of specific rates

(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.

Rounding of amounts

(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.

Elimination of rates of less than two per cent

(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.

2009, c. 16, s. 43

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

“principal cause”
« cause principale »

“principal cause”, in respect of goods imported from one of the following countries, means an important cause that is no less important than any other cause:

Panama

Peru

2009, c. 16, s. 44

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

Emergency measures

59.1 An order made under subsection 55(1) may exclude goods of any kind imported from one of the following countries 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:

Panama

Peru

2009, c. 16, s. 45(2)

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

Exception for goods imported

(4.1) An order made under subsection (1) may exclude goods of any kind imported from one of the following countries 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:

Panama

Peru

45. The Act is amended by adding the following after section 71.4:

Bilateral Emergency Measures — Panama

Order by Governor in Council

71.41 (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 19.0131(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.081) of that Act, that goods that are entitled to the Panama 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 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 49.41; 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 Panama 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, 2009.

Terms and conditions

(2) An order under subsection (1)

(a) is not to be made more than once in respect of goods of any particular kind;

(b) remains in effect only for the period, not exceeding three years, that is specified in the order;

(i) if the order is in respect of goods for which the Panama Tariff rate of customs duty is reduced to the final rate of “Free” over a period of less than 10 years, on the day that is 10 years after the day on which this subsection comes into force, and

(ii) if the order is in respect of goods for which the Panama Tariff rate of customs duty is reduced to the final rate of “Free” over a period of 10 years or more, on the day after the expiry of the tariff staging period in respect of those goods; and

(d) may be made after the period described in paragraph (c) if the order is based on an agreement between the Government of Canada and the Government of the Republic of Panama relating to the application of subsection (1).

Rate of duty when order ceases to have effect

(3) 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 49.41.

Definition of “principal cause”

(4) 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.

2009, c. 16, s. 47 and subpar. 56(16)(b)(ii)

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

Goods in transit

79. An order made under any of the following provisions 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:

(a) subsection 53(2);

(b) subsection 55(1);

(d) subsection 63(1);

(e) subsection 69(2);

(f) subsection 70(2);

(g) subsection 71.1(2);

(h) subsection 71.41(1);

(i) subsection 71.5(1);

(j) subsection 72(1);

(k) subsection 75(1);

(l) subsection 76(1);

(m) subsection 76.1(1).

2009, c. 16, s. 56(17)

47. Paragraphs 133(j) and (j.1) of the Act 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 one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Costa Rica

Iceland

Israel or another CIFTA beneficiary

Liechtenstein

Norway

Panama

Peru

Switzerland

(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Costa Rica

Israel or another CIFTA beneficiary

Panama

Peru

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 “PAT:”;

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

(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “PAT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “PAT”, for all tariff items except those set out in each of Schedules 4 and 5 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 “PAT” for the tariff items set out in Schedule 4 to this Act; and

(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “PAT”, for each tariff item set out in Schedule 5 to this Act, the rates of customs 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

(a) replacing the reference to “imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “imported from one of the countries listed below”; and

(b) adding, at the end of that Description of Goods, the following:

Countries:

Chile

Costa Rica

Mexico

Panama

Peru

United States

(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

(a) 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 one of the countries listed below for repair or alteration in that country.”; and

(b) adding the following before Note 1:

Countries:

Chile

Costa Rica

Iceland

Israel or another CIFTA beneficiary

Liechtenstein

Mexico

Norway

Panama

Peru

Switzerland

United States

(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 one of the countries listed below,”;

(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican or Peruvian currency,” with a reference to “in Canadian currency or the currency of the country from which it was imported”; and

Countries:

Chile

Costa Rica

Mexico

Panama

Peru

United States

(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 replaced by the following:

Goods, regardless of the country of origin or tariff treatment, other than the goods of tariff item No. 9971.00.00, returned to Canada after having been exported to one of the countries listed below for repair or alteration in that country.

Countries:

Chile

Costa Rica

Israel or another CIFTA beneficiary

Mexico

Panama

Peru

United States

2005, c. 34

Department of Human Resources and Skills Development Act

2009, c. 16, s. 51

49. The schedule to the Department of Human Resources and Skills Development Act is replaced by the schedule set out in Schedule 6 to this Act.

R.S., c. E-19

Export and Import Permits Act

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

“Panama”
« Panama »

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

2009, c. 16, s. 53

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

“principal cause”
« cause principale »

“principal cause” means an important cause that is no less important than any other cause;

2009, c. 16, s. 54

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

Exception for goods imported from certain countries

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in the schedule 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. The Act is amended by adding, after section 27, the schedule set out in Schedule 7 to this Act.

R.S., c. F-11

Financial Administration Act

54. The Financial Administration Act is amended by adding the following after section 89.6:

Implementation of Other Free Trade Agreements

Directive

89.7 (1) Despite 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 a free trade agreement set out in Schedule VII that pertains to that Crown corporation.

Regulations

(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 a free trade agreement set out in Schedule VII that pertains to that corporation.

55. The Act is amended by adding, after Schedule VI, the Schedule VII set out in Schedule 8 to this Act.

R.S., c. I-3

Importation of Intoxicating Liquors Act

56. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:

“Panama”
« Panama »

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

57. Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after that paragraph:

(f.1) the importation of bulk spirits into a province from a country listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

(i) are entitled to the benefit of a tariff set out in column 2, and

(ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and

58. The Act is amended by adding, after section 8, the schedule set out in Schedule 9 to this Act.

PART 3

COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

2010, c. 4 and Bill C-8

59. (1) In this section, “first Act” means the Canada–Colombia Free Trade Agreement Implementation Act and “second Act” means Bill C-8, introduced in the 3rd session of the 40th Parliament and entitled the Canada–Jordan Free Trade Act.

(2) If the second Act 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 referred to in one of subsections 62(3) to (8) 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 41(2) and (9) to (13) of the second Act;

(b) subsections 60(2), (20) to (22), (26) and (27) of this Act; and

2010, c. 4

60. (1) In this section, “other Act” means the Canada–Colombia Free Trade Agreement Implementation Act.

(2) On the first day on which both subsection 16(2) 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:

Goods imported from certain countries

a NAFTA country

an EFTA state

Chile

Colombia

Costa Rica

Panama

Peru

(3) If section 19 of this Act comes into force before section 19 of the other Act, then section 19 of the other Act is repealed.

(4) If section 19 of the other Act comes into force on the same day as section 19 of this Act, then section 19 of the other Act is deemed to have come into force before section 19 of this Act.

(5) If section 23 of the other Act comes into force before section 24 of this Act, then that section 24 is repealed and, on the day on which section 1 of this Act comes into force,

(a) paragraph 5(4)(d) of the Commercial Arbitration Act is replaced by the following:

(d) a claim under a provision, set out in column 1 of Schedule 2, of an agreement that is set out in column 2.

(b) Schedule 2 to the Commercial Arbitration Act is amended by replacing “(Paragraph 5(4)(c.1))” after the heading “SCHEDULE 2” with “(Paragraph 5(4)(d))”; and

(c) Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of that Schedule, a reference to “Article 819 or 820” in column 1 and a corresponding reference to “Free Trade Agreement between Canada and the Republic of Colombia, signed on November 21, 2008” in column 2.

(6) If section 24 of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:

23. Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of that Schedule, a reference to “Article 819 or 820” in column 1 and a corresponding reference to “Free Trade Agreement between Canada and the Republic of Colombia, signed on November 21, 2008” in column 2.

(7) If section 23 of the other Act comes into force on the same day as section 24 of this Act, then

(a) that section 23 is deemed never to have come into force and is repealed; and

(b) Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of that Schedule, a reference to “Article 819 or 820” in column 1 and a corresponding reference to “Free Trade Agreement between Canada and the Republic of Colombia, signed on November 21, 2008” in column 2.

(8) If section 24 of the other Act comes into force before section 29 of this Act, then, on the day on which that section 29 comes into force, Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

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.

(9) If section 29 of this Act comes into force before section 24 of the other Act, then that section 24 is replaced by the following:

24. Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

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

(11) On the first day on which both subsection 25(1) of the other Act and subsection 30(2) of this Act are in force,

(a) the definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Customs Act are replaced by the following:

“free trade agreement”
« accord de libre-échange »

“free trade agreement” means an agreement set out in column 2 of Part 1 of the schedule;

“free trade partner”
« partenaire de libre-échange »

“free trade partner” means a country or territory set out in column 1 of Part 1 of the schedule;

(b) Part 1 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “Colombia” in column 1, a corresponding reference to “CCOFTA” in column 2 and a corresponding reference to “Colombia Tariff rates of customs duty under the Customs Tariff” in column 3.

(12) On the first day on which both subsection 25(2) of the other Act and subsection 30(3) of this Act are in force, the definition “preferential tariff treatment under CCOFTA” in subsection 2(1) of the Customs Act is repealed.

(13) If subsection 30(4) of this Act comes into force before subsection 25(3) of the other Act, then that subsection 25(3) is repealed.

(14) If subsection 25(3) of the other Act comes into force on the same day as subsection 30(4) of this Act, then that subsection 25(3) is deemed to have come into force before that subsection 30(4).

(15) On the first day on which both section 26 of the other Act and section 33 of this Act are in force,

(a) 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 Certain Free Trade Agreements

Definition of “identical goods”

42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by the provision, set out in column 2 of Part 2 of the schedule, of an agreement set out in column 1.

Denial or withdrawal of benefit — specified countries

(b) Part 2 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “CCOFTA” in column 1 and a corresponding reference to “Article 423” in column 2.

(16) On the first day on which both section 28 of the other Act and section 34 of this Act are in force,

(a) paragraph 74(1)(c.11) of the Customs Act is replaced by the following:

(b) Part 3 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “Colombia” in column 1 and a corresponding reference to “CCOFTA” in column 2.

(17) If section 29 of the other Act comes into force before section 35 of this Act, then, on the day on which that section 35 comes into force, Part 4 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “CCOFTA” in column 1 and a corresponding reference to “Chapter Four” in column 2.

(18) If section 35 of this Act comes into force before section 29 of the other Act, then that section 29 is replaced by the following:

29. Part 4 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “CCOFTA” in column 1 and a corresponding reference to “Chapter Four” in column 2.

(19) If section 29 of the other Act comes into force on the same day as section 35 of this Act, then that section 29 is deemed to have come into force before that section 35 and subsection (17) applies as a consequence.

(20) On the first day on which both section 31 of the other Act and section 38 of this Act are in force, section 5 of the Customs Tariff is replaced by the following:

Goods imported from certain countries

5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:

a NAFTA country

Chile

Colombia

Costa Rica

Iceland

Liechtenstein

Norway

Panama

Peru

Switzerland

(21) On the first day on which both section 32 of the other Act and section 39 of this Act are in force, paragraph 14(2)(c) of the Customs Tariff is replaced by the following:

(i) subsection 55(1),

(ii) section 60,

(iii) subsection 63(1),

(iv) subsection 69(2),

(v) subsection 70(2),

(vi) subsection 71(2),

(vii) subsection 71.01(1),

(viii) subsection 71.1(2),

(ix) subsection 71.41(1),

(x) subsection 71.5(1),

(xi) subsection 72(1),

(xii) subsection 75(1),

(xiii) subsection 76(1),

(xiv) subsection 76.1(1),

(xv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

(22) On the first day on which both section 34 of the other Act and section 40 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:

Abbreviations

27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.

“AUT”
« TAU »

“AUT” refers to the Australia Tariff.

“CCCT”
« TPAC »

“CCCT” refers to the Commonwealth Caribbean Countries Tariff.

“CIAT”
« TACI »

“CIAT” refers to the Canada–Israel Agreement Tariff.

“COLT”
« TCOL »

“COLT” refers to the Colombia Tariff.

“CRT”
« TCR »

“CRT” refers to the Costa Rica Tariff.

“CT”
« TC »

“CT” refers to the Chile Tariff.

“GPT”
« TPG »

“GPT” refers to the General Preferential Tariff.

“IT”
« TI »

“IT” refers to the Iceland Tariff.

“LDCT”
« TPMD »

“LDCT” refers to the Least Developed Country Tariff.

“MT”
« TM »

“MT” refers to the Mexico Tariff.

“MUST”
« TMÉU »

“MUST” refers to the Mexico–United States Tariff.

“NT”
« TN »

“NT” refers to the Norway Tariff.

“NZT”
« TNZ »

“NZT” refers to the New Zealand Tariff.

“PAT”
« TPA »

“PAT” refers to the Panama Tariff.

“PT”
« TP »

“PT” refers to the Peru Tariff.

“SLT”
« TSL »

“SLT” refers to the Switzerland–Liechtenstein Tariff.

“UST”
« TÉU »

“UST” refers to the United States Tariff.

(23) On the first day on which both section 36 of the other Act and section 42 of this Act are in force, the definition “principal cause” in section 54 of the Customs Tariff is replaced by the following:

“principal cause”
« cause principale »

“principal cause”, in respect of goods imported from one of the following countries, means an important cause that is no less important than any other cause:

Colombia

Panama

Peru

(24) On the first day on which both section 37 of the other Act and section 43 of this Act are in force, section 59.1 of the Customs Tariff is replaced by the following:

Emergency measures

Colombia

Panama

Peru

(25) On the first day on which both section 38 of the other Act and section 44 of this Act are in force, subsection 63(4.1) of the Customs Tariff is replaced by the following:

Exception for goods imported

Colombia

Panama

Peru

(26) On the first day on which both section 40 of the other Act and section 46 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:

Goods in transit

(a) subsection 53(2);

(b) subsection 55(1);

(d) subsection 63(1);

(e) subsection 69(2);

(f) subsection 70(2);

(g) subsection 71.01(1);

(h) subsection 71.1(2);

(i) subsection 71.41(1);

(j) subsection 71.5(1);

(k) subsection 72(1);

(l) subsection 75(1);

(m) subsection 76(1);

(n) subsection 76.1(1).

(27) On the first day on which both section 41 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 one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Colombia

Costa Rica

Iceland

Israel or another CIFTA beneficiary

Liechtenstein

Norway

Panama

Peru

Switzerland

(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Colombia

Costa Rica

Israel or another CIFTA beneficiary

Panama

Peru

(28) If subsection 42(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

(a) replacing the reference to “imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia” with a reference to “imported from one of the countries listed below”; and

(b) adding, at the end of that Description of Goods, the following:

Countries:

Chile

Colombia

Costa Rica

Mexico

Panama

Peru

United States

(29) If subsection 48(2) of this Act comes into force before subsection 42(2) of the other Act, then that subsection 42(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 Customs Tariff is amended by adding, in alphabetical order, a reference to “Colombia” in the list of countries.

(30) If subsection 42(2) of the other Act comes into force on the same day as subsection 48(2) of this Act, then that subsection 48(2) is deemed to have come into force before that subsection 42(2) and subsection (29) applies as a consequence.

(31) If subsection 42(3) of the other Act comes into force before subsection 48(3) of this Act, then, on the day on which that subsection 48(3) comes into force, 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 adding, in alphabetical order, a reference to “Colombia” in the list of countries.

(32) If subsection 48(3) of this Act comes into force before subsection 42(3) of the other Act, then that subsection 42(3) is replaced by the following:

(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 Customs Tariff is amended by adding, in alphabetical order, a reference to “Colombia” in the list of countries.

(33) If subsection 42(3) of the other Act comes into force on the same day as subsection 48(3) of this Act, then that subsection 42(3) is deemed to have come into force before that subsection 48(3) and subsection (31) applies as a consequence.

(34) If subsection 42(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, Peru or Colombia,” with a reference to “Commercial samples imported from one of the countries listed below,”;

(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian currency,” with a reference to “in Canadian currency or the currency of the country from which it was imported”; and

Countries:

Chile

Colombia

Costa Rica

Mexico

Panama

Peru

United States

(35) If subsection 48(4) of this Act comes into force before subsection 42(4) of the other Act, then that subsection 42(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 Customs Tariff is amended by adding, in alphabetical order, a reference to “Colombia” in the list of countries.

(36) If subsection 42(4) of the other Act comes into force on the same day as subsection 48(4) of this Act, then that subsection 48(4) is deemed to have come into force before that subsection 42(4) and subsection (35) applies as a consequence.

(37) If subsection 42(5) of the other Act comes into force before subsection 48(5) of this Act, then, on the day on which that subsection 48(5) comes into force, the Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding, in alphabetical order, a reference to “Colombia” in the list of countries.

(38) If subsection 48(5) of this Act comes into force before subsection 42(5) of the other Act, then that subsection 42(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 Customs Tariff is amended by adding, in alphabetical order, a reference to “Colombia” in the list of countries.

(39) If subsection 42(5) of the other Act comes into force on the same day as subsection 48(5) of this Act, then that subsection 42(5) is deemed to have come into force before that subsection 48(5) and subsection (37) applies as a consequence.

(40) If section 43 of the other Act comes into force before section 49 of this Act, then, on the day on which that section 49 comes into force, the schedule to the Department of Human Resources and Skills Development Act is amended by adding the following in alphabetical order:

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.

(41) If section 49 of this Act comes into force before section 43 of the other Act, then that section 43 is replaced by the following:

43. The schedule to the Department of Human Resources and Skills Development Act is amended by adding the following in alphabetical order:

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.

(42) If section 43 of the other Act comes into force on the same day as section 49 of this Act, then that section 43 is deemed to have come into force before that section 49 and subsection (40) applies as a consequence.

(43) If section 51 of this Act comes into force before section 45 of the other Act, then that section 45 is repealed.

(44) If section 51 of this Act comes into force on the same day as section 45 of the other Act, then that section 45 is deemed to have come into force before that section 51.

(45) If section 46 of the other Act comes into force before section 52 of this Act, then, on the day on which that section 52 comes into force, the schedule to the Export and Import Permits Act is amended by adding, in alphabetical order, a reference to “Colombia”.

(46) If section 52 of this Act comes into force before section 46 of the other Act, then that section 46 is replaced by the following:

46. The schedule to the Export and Import Permits Act is amended by adding, in alphabetical order, a reference to “Colombia”.

(47) If section 46 of the other Act comes into force on the same day as section 52 of this Act, then that section 46 is deemed to have come into force before that section 52 and subsection (45) applies as a consequence.

(48) On the first day on which both section 47 of the other Act and section 54 of this Act are in force,

(a) section 89.41 of the Financial Administration Act and the heading before it are repealed; and

(b) Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:

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

Bill C-8

61. (1) Subsections (2) to (34) apply if Bill C-8, introduced in the 3rd session of the 40th Parliament and entitled the Canada–Jordan Free Trade 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:

Goods imported from certain countries

a NAFTA country

an EFTA state

Chile

Costa Rica

Jordan

Panama

Peru

(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:

Definition of “complaint”

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.094) 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) If section 22 of the other Act comes into force before section 29 of this Act, then, on the day on which that section 29 comes into force, Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.

(5) If section 29 of this Act comes into force before section 22 of the other Act, then that section 22 is replaced by the following:

22. Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.

(6) If section 22 of the other Act comes into force on the same day as section 29 of this Act, then that section 22 is deemed to have come into force before that section 29 and subsection (4) applies as a consequence.

(7) On the first day on which both subsection 23(1) of the other Act and subsection 30(2) of this Act are in force,

(a) the definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Customs Act are replaced by the following:

“free trade agreement”
« accord de libre-échange »

“free trade agreement” means an agreement set out in column 2 of Part 1 of the schedule;

“free trade partner”
« partenaire de libre-échange »

“free trade partner” means a country or territory set out in column 1 of Part 1 of the schedule;

(b) Part 1 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “Jordan” in column 1, a corresponding reference to “CJFTA” in column 2 and a corresponding reference to “Jordan Tariff rates of customs duty under the Customs Tariff” in column 3.

(8) On the first day on which both subsection 23(2) of the other Act and subsection 30(3) of this Act are in force, the definition “preferential tariff treatment under CJFTA” in subsection 2(1) of the Customs Act is repealed.

(9) If subsection 30(4) of this Act comes into force before subsection 23(3) of the other Act, then that subsection 23(3) is repealed.

(10) If subsection 23(3) of the other Act comes into force on the same day as subsection 30(4) of this Act, then that subsection 23(3) is deemed to have come into force before that subsection 30(4).

(11) If section 31 of this Act comes into force before section 24 of the other Act, then that section 24 is repealed.

(12) If section 31 of this Act comes into force on the same day as section 24 of the other Act, then that section 24 is deemed to have come into force before that section 31.

(13) If section 32 of this Act comes into force before section 25 of the other Act, then that section 25 is repealed.

(14) If section 32 of this Act comes into force on the same day as section 25 of the other Act, then that section 25 is deemed to have come into force before that section 32.

(15) On the first day on which both section 26 of the other Act and section 33 of this Act are in force,

(a) 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 Certain Free Trade Agreements

Definition of “identical goods”

42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by the provision, set out in column 2 of Part 2 of the schedule, of an agreement set out in column 1.

Denial or withdrawal of benefit — specified countries

(b) Part 2 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “CJFTA” in column 1 and a corresponding reference to “Article 5-11” in column 2.

(16) On the first day on which both section 28 of the other Act and section 34 of this Act are in force,

(a) paragraph 74(1)(c.11) of the Customs Act is replaced by the following:

(b) Part 3 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “Jordan” in column 1 and a corresponding reference to “CJFTA” in column 2.

(17) If section 29 of the other Act comes into force before section 35 of this Act, then, on the day on which that section 35 comes into force,

(a) subsection 164(1.6) of the Customs Act is repealed; and

(b) Part 4 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “CJFTA” in column 1 and a corresponding reference to “Chapter 5” in column 2.

(18) If section 35 of this Act comes into force before section 29 of the other Act, then that section 29 is replaced by the following:

29. Part 4 of the schedule to the Customs Act is amended by adding, in alphabetical order, a reference to “CJFTA” in column 1 and a corresponding reference to “Chapter 5” in column 2.

(20) On the first day on which both section 31 of the other Act and section 38 of this Act are in force, section 5 of the Customs Tariff is replaced by the following:

Goods imported from certain countries

5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:

a NAFTA country

Chile

Costa Rica

Iceland

Jordan

Liechtenstein

Norway

Panama

Peru

Switzerland

(21) On the first day on which both section 32 of the other Act and section 39 of this Act are in force, paragraph 14(2)(c) of the Customs Tariff is replaced by the following:

(i) subsection 55(1),

(ii) section 60,

(iii) subsection 63(1),

(iv) subsection 69(2),

(v) subsection 70(2),

(vi) subsection 71(2),

(vii) subsection 71.1(2),

(viii) subsection 71.41(1),

(ix) subsection 71.5(1),

(x) subsection 71.6(1),

(xi) subsection 72(1),

(xii) subsection 75(1),

(xiii) subsection 76(1),

(xiv) subsection 76.1(1),

(xv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

(22) On the first day on which both section 33 of the other Act and section 40 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:

Abbreviations

27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.

“AUT”
« TAU »

“AUT” refers to the Australia Tariff.

“CCCT”
« TPAC »

“CCCT” refers to the Commonwealth Caribbean Countries Tariff.

“CIAT”
« TACI »

“CIAT” refers to the Canada–Israel Agreement Tariff.

“CRT”
« TCR »

“CRT” refers to the Costa Rica Tariff.

“CT”
« TC »

“CT” refers to the Chile Tariff.

“GPT”
« TPG »

“GPT” refers to the General Preferential Tariff.

“IT”
« TI »

“IT” refers to the Iceland Tariff.

“JT”
« TJ »

“JT” refers to the Jordan Tariff.

“LDCT”
« TPMD »

“LDCT” refers to the Least Developed Country Tariff.

“MT”
« TM »

“MT” refers to the Mexico Tariff.

“MUST”
« TMÉU »

“MUST” refers to the Mexico–United States Tariff.

“NT”
« TN »

“NT” refers to the Norway Tariff.

“NZT”
« TNZ »

“NZT” refers to the New Zealand Tariff.

“PAT”
« TPA »

“PAT” refers to the Panama Tariff.

“PT”
« TP »

“PT” refers to the Peru Tariff.

“SLT”
« TSL »

“SLT” refers to the Switzerland–Liechtenstein Tariff.

“UST”
« TÉU »

“UST” refers to the United States Tariff.

(23) On the first day on which both section 36 of the other Act and section 46 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:

Goods in transit

(a) subsection 53(2);

(b) subsection 55(1);

(d) subsection 63(1);

(e) subsection 69(2);

(f) subsection 70(2);

(g) subsection 71.1(2);

(h) subsection 71.41(1);

(i) subsection 71.5(1);

(j) subsection 71.6(1);

(k) subsection 72(1);

(l) subsection 75(1);

(m) subsection 76(1);

(n) subsection 76.1(1).

(24) On the first day on which both section 37 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 one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Costa Rica

Iceland

Israel or another CIFTA beneficiary

Jordan

Liechtenstein

Norway

Panama

Peru

Switzerland

(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Costa Rica

Israel or another CIFTA beneficiary

Jordan

Panama

Peru

(25) If subsection 38(2) of the other Act comes into force before subsection 48(3) of this Act, then, on the day on which that subsection 48(3) comes into force, 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 adding, in alphabetical order, a reference to “Jordan” in the list of countries.

(26) If subsection 48(3) of this Act comes into force before subsection 38(2) of the other Act, then that subsection 38(2) is replaced by the following:

(2) 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 adding, in alphabetical order, a reference to “Jordan” in the list of countries.

(27) If subsection 38(2) of the other Act comes into force on the same day as subsection 48(3) of this Act, then that subsection 38(2) is deemed to have come into force before that subsection 48(3) and subsection (25) applies as a consequence.

(28) If subsection 38(3) of the other Act comes into force before subsection 48(5) of this Act, then, on the day on which that subsection 48(5) comes into force, the Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

(29) If subsection 48(5) of this Act comes into force before subsection 38(3) of the other Act, then that subsection 38(3) is replaced by the following:

(3) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

(30) If subsection 38(3) of the other Act comes into force on the same day as subsection 48(5) of this Act, then that subsection 38(3) is deemed to have come into force before that subsection 48(5) and subsection (28) applies as a consequence.

(31) If section 39 of the other Act comes into force before section 49 of this Act, then, on the day on which that section 49 comes into force, the schedule to the Department of Human Resources and Skills Development Act is amended by adding the following in alphabetical order:

The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.

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

39. The schedule to the Department of Human Resources and Skills Development Act is amended by adding the following in alphabetical order:

The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.

(33) If section 39 of the other Act comes into force on the same day as section 49 of this Act, then that section 39 is deemed to have come into force before that section 49 and subsection (31) applies as a consequence.

(34) On the first day on which both section 40 of the other Act and section 54 of this Act are in force,

(a) section 89.7 of the Financial Administration Act and the heading before it, as enacted by that section 40, are repealed; and

(b) Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:

Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.

2010, c. 4 and Bill C-8

62. (1) Subsections (2) to (8) apply if Bill C-8, introduced in the 3rd session of the 40th Parliament and entitled the Canada–Jordan Free Trade Act, receives royal assent.

(2) In this section, “first Act” means the Canada–Colombia Free Trade Agreement Implementation Act and “second Act” means the Canada–Jordan Free Trade Act.

(3) On the first day on which subsection 16(2) 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:

Goods imported from certain countries

a NAFTA country

an EFTA state

Chile

Colombia

Costa Rica

Jordan

Panama

Peru

(4) On the first day on which section 31 of the first Act, section 31 of the second Act and section 38 of this Act are all in force, section 5 of the Customs Tariff is replaced by the following:

Goods imported from certain countries

5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:

a NAFTA country

Chile

Colombia

Costa Rica

Iceland

Jordan

Liechtenstein

Norway

Panama

Peru

Switzerland

(5) On the first day on which section 32 of the first Act, section 32 of the second Act and section 39 of this Act are all in force, paragraph 14(2)(c) of the Customs Tariff is replaced by the following:

(i) subsection 55(1),

(ii) section 60,

(iii) subsection 63(1),

(iv) subsection 69(2),

(v) subsection 70(2),

(vi) subsection 71(2),

(vii) subsection 71.01(1),

(viii) subsection 71.1(2),

(ix) subsection 71.41(1),

(x) subsection 71.5(1),

(xi) subsection 71.6(1),

(xii) subsection 72(1),

(xiii) subsection 75(1),

(xiv) subsection 76(1),

(xv) subsection 76.1(1),

(xvi) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

(6) On the first day on which section 34 of the first Act, section 33 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:

Abbreviations

27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.

“AUT”
« TAU »

“AUT” refers to the Australia Tariff.

“CCCT”
« TPAC »

“CCCT” refers to the Commonwealth Caribbean Countries Tariff.

“CIAT”
« TACI »

“CIAT” refers to the Canada–Israel Agreement Tariff.

“COLT”
« TCOL »

“COLT” refers to the Colombia Tariff.

“CRT”
« TCR »

“CRT” refers to the Costa Rica Tariff.

“CT”
« TC »

“CT” refers to the Chile Tariff.

“GPT”
« TPG »

“GPT” refers to the General Preferential Tariff.

“IT”
« TI »

“IT” refers to the Iceland Tariff.

“JT”
« TJ »

“JT” refers to the Jordan Tariff.

“LDCT”
« TPMD »

“LDCT” refers to the Least Developed Country Tariff.

“MT”
« TM »

“MT” refers to the Mexico Tariff.

“MUST”
« TMÉU »

“MUST” refers to the Mexico–United States Tariff.

“NT”
« TN »

“NT” refers to the Norway Tariff.

“NZT”
« TNZ »

“NZT” refers to the New Zealand Tariff.

“PAT”
« TPA »

“PAT” refers to the Panama Tariff.

“PT”
« TP »

“PT” refers to the Peru Tariff.

“SLT”
« TSL »

“SLT” refers to the Switzerland–Liechtenstein Tariff.

“UST”
« TÉU »

“UST” refers to the United States Tariff.

(7) On the first day on which section 40 of the first Act, section 36 of the second Act and section 46 of this Act are all in force, section 79 of the Customs Tariff is replaced by the following:

Goods in transit

(a) subsection 53(2);

(b) subsection 55(1);

(d) subsection 63(1);

(e) subsection 69(2);

(f) subsection 70(2);

(g) subsection 71.01(1);

(h) subsection 71.1(2);

(i) subsection 71.41(1);

(j) subsection 71.5(1);

(k) subsection 71.6(1);

(l) subsection 72(1);

(m) subsection 75(1);

(n) subsection 76(1);

(o) subsection 76.1(1).

(8) On the first day on which section 41 of the first Act, section 37 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 one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Colombia

Costa Rica

Iceland

Israel or another CIFTA beneficiary

Jordan

Liechtenstein

Norway

Panama

Peru

Switzerland

(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:

a NAFTA country

Chile

Colombia

Costa Rica

Israel or another CIFTA beneficiary

Jordan

Panama

Peru