Bill C-8

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-8

An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan

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–Jordan Free Trade Act.

INTERPRETATION

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

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

“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 13-1 of the Agreement.

“Minister” means the Minister for International Trade.

“related agreement” means

(a) the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009; or

(b) the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.

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 Hashemite Kingdom of Jordan in order to foster, in both countries, the advancement of economic activity;

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

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

(e) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and the Hashemite Kingdom of Jordan on labour matters; and

(f) promote sustainable development.

CAUSES OF ACTION

8. (1) No person has any cause of action and no proceedings of any kind shall be taken without the consent of the Attorney General of Canada to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of Part 1 or an order made under that Part.

(2) Subject to Part Three and Annex 4 of the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, 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, Working Groups and Expert Groups

12. (1) The Minister may

(a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 13-1 of the Agreement;

(b) appoint a panelist in accordance with Article 14-8 of the Agreement; and

(c) propose candidates to serve as the chair of a panel in accordance with that Article 14-8.

(2) The Minister of the Environment may

(a) appoint representatives of Canada to the committee referred to in Article 15 of the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009;

(b) appoint a panelist in accordance with Annex I to that Agreement; and

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

(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 Hashemite Kingdom of Jordan, signed on June 28, 2009;

(b) appoint a panelist in accordance with Annex 3 to that Agreement; and

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

13. The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 14 of the Agreement and to provide administrative assist- ance to panels established under that Chapter.

14. The Government of Canada shall, under the Agreement and the related agreements, pay the costs 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

15. (1) The Governor in Council may, for the purpose of suspending benefits in accord- ance with Article 14-13 of the Agreement, by order, do any one or more of the following:

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

(b) modify or suspend the application of any federal law with respect to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan;

(c) extend the application of any federal law to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan; and

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

(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:

(5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile, from Costa Rica, from Peru or from Jordan if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica, Peru or Jordan, 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 19.017:

18. 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), (1.09), (1.091), (1.092), (1.093) or (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.

19. Section 23 of the Act is amended by adding the following after subsection (1.093):

20. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.93) and by adding the following after that subparagraph:

21. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.93) and by adding the following after that paragraph:

Crown Liability and Proceedings Act

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

Customs Act

23. (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, CEFTA, CPFTA or CJFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary,

(e) an EFTA state,

(f) Peru, or

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

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

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

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

26. 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, CPFTA or CJFTA

42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA, Article 423 of CPFTA or Article 5-11 of CJFTA, as the case may be.

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

27. 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, from an EFTA state, from Peru or from Jordan, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA, in paragraph 1 of Article 419 of CPFTA or in paragraph 10 of Article 6-2 of CJFTA, as the case may be; and

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

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

29. Section 164 of the Act is amended by adding the following after subsection (1.5):

Customs Tariff

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

31. 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, Iceland, Norway, Switzerland, Liechtenstein, Peru or Jordan if they are shipped directly to Canada from that country.

32. 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), 71.5(1), 71.6(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.

33. 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”, “IT”, “NT”, “SLT”, “PT” and “JT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff”, “Switzerland–Liechtenstein Tariff”, “Peru Tariff” and “Jordan Tariff”.

34. The Act is amended by adding the following after section 52.3:

35. The Act is amended by adding the following after section 71.5:

36. 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), 71.5(1), 71.6(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.

37. 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 a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Jordan for repair or alteration may be imported;

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

38. (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 “PT”, a reference to “JT:”;

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

(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “JT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “JT”, for all tariff items except those tariff items set out in the schedule to this Act; and

(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final rate” a reference to “N/A” after the abbreviation “JT” for the tariff items set out in the schedule to this Act.

(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 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, Iceland, Norway, Switzerland, Liechtenstein, Peru or Jordan for repair or alteration in that country.”.

(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 Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Jordan for repair or alteration”.

Department of Human Resources and Skills Development Act

39. The schedule to the Department of Human Resources and Skills Development Act is amended by adding the following after section 1:

Financial Administration Act

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

PART 3

COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

41. (1) Subsections (2) to (16) apply if Bill C-2, introduced in the 3rd session of the 40th Parliament and entitled the Canada–Colombia 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 16(2) 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, from Peru, from Colombia or from Jordan if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica, Peru, Colombia or Jordan, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

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

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.09), (1.091), (1.092), (1.093) or (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) On the first on which both section 24 of the other Act and section 22 of this Act are in force, section 4 of Part 2 of the schedule to the Crown Liability and Proceedings Act, as enacted by section 22 of this Act, is renumbered as section 5 and is repositioned accordingly if required.

(5) On the first day on which both subsection 25(1) of the other Act and subsection 23(1) of this Act are in force, the definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Customs Act are replaced by the following:

“free trade agreement” means NAFTA, CCFTA, CCRFTA, CIFTA, CEFTA, CPFTA, CCOFTA or CJFTA;

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(c) Costa Rica,

(d) Israel or another CIFTA beneficiary,

(e) an EFTA state,

(f) Peru,

(g) Colombia, or

(h) Jordan;

(6) On the first day on which both section 26 of the other Act and section 26 of this Act are in force, section 42.4 of the Customs Act and the heading before it are replaced by the following:

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

42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA, Article 423 of CPFTA, Article 423 of CCOFTA or Article 5-11 of CJFTA, as the case may be.

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

(7) On the first day on which both section 27 of the other Act and section 27 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, from Peru, from Colombia or from Jordan, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA, in paragraph 1 of Article 419 of CPFTA, in paragraph 1 of Article 419 of CCOFTA or in paragraph 10 of Article 6-2 of CJFTA, as the case may be; and

(8) On the first day on which both section 28 of the other Act and section 28 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, from Peru, from Colombia or from Jordan but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA, CPFTA, CCOFTA or CJFTA, 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);

(9) On the first day on which both section 31 of the other Act and section 31 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, Peru, Colombia or Jordan if they are shipped directly to Canada from that country.

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

(c) by way of compensation for any action taken under subsection 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71(2), 71.01(1), 71.1(2), 71.5(1), 71.6(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.

(11) On the first day on which both section 34 of the other Act and section 33 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”, “PT”, “COLT” and “JT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff”, “Switzerland–Liechtenstein Tariff”, “Peru Tariff”, “Colombia Tariff” and “Jordan Tariff”.

(12) On the first day on which both section 40 of the other Act and section 36 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:

79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.01(1), 71.1(2), 71.5(1), 71.6(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.

(13) On the first day on which both section 41 of the other Act and section 37 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, Peru, Colombia or Jordan for repair or alteration may be imported;

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

(14) On the first day on which both subsection 42(3) of the other Act and subsection 38(2) of this Act are in 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 replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru, Colombia or Jordan for repair or alteration in that country.”.

(15) On the first day on which both subsection 42(5) of the other Act and subsection 38(3) of this Act are in 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 replacing the reference beginning with “exported to the United States” and ending with “repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru, Colombia or Jordan for repair or alteration”.

(16) On the first day on which both section 43 of the other Act and section 39 of this Act are in force, section 2 of the schedule to the Department of Human Resources and Skills Development Act, as enacted by section 39 of this Act, is renumbered as section 3 and is repositioned accordingly if required.

Coming into Force

42. The provisions of this Act, other than section 41, come into force on a day or days to be fixed by order of the Governor in Council.