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Bill C-8

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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-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

Short title

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

INTERPRETATION

Definitions

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

“Agreement”
« Accord »

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

“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 13-1 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 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.

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

(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

Causes of action under Part 1

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.

Causes of action under the Agreement or a related agreement

(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

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 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

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 13-1 of the Agreement;

(b) appoint a panelist in accordance with Article 14-8 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 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

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

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

Administrative support

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.

Payment of costs

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

Orders re Article 14-13

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.

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

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

16. Subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:

Definition of “Jordan Tariff”

(4.3) In this Act, “Jordan Tariff” means the rates of customs duty referred to in section 52.4 of the Customs Tariff.

Goods imported from an EFTA state, a NAFTA country, Chile, Costa Rica, Peru or Jordan

(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:

Definition of “principal cause”

19.018 (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 — Jordan

(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 Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone 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.

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

18. 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 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):

Filing of complaint — Jordan Tariff

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

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:

(i.94) in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

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:

(a.94) in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

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

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:

4. 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.

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

Customs Act

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

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”
« accord de libre-échange »

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

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

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(d) Israel or another CIFTA beneficiary,

(e) an EFTA state,

(f) Peru, or

(g) Jordan;

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

“CJFTA”
« ALÉCJ »

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

“Jordan”
« Jordanie »

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

“preferential tariff treatment under CJFTA”
« traitement tarifaire préférentiel de l’ALÉCJ »

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

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

(g) preferential tariff treatment under CJFTA.

1988, c. 65, s. 69

24. 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 au règlement.

1997, c. 36, s. 162

25. 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 attestant de l’admissibilité ou non de celles-ci, au titre du Tarif des douanes, au traitement tarifaire préférentiel demandé.

2009, c.16, s. 32

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

Definition of “identical goods”

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.

Denial or withdrawal of benefit — NAFTA country, Chile, Costa Rica, Peru or Jordan

(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.

2009, c. 16, s. 56(11)

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

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

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):

Regulations — CJFTA

(1.6) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of Chapter 5 of CJFTA and any other matters that may be agreed on from time to time by the parties to CJFTA.

1997, c. 36

Customs Tariff

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

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

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

“Jordan”
« Jordanie »

“Jordan” means the land territory, the air space and the internal waters and territorial sea over which the Hashemite Kingdom of Jordan exercises sovereignty.

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

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

Goods imported from a NAFTA country, Chile, Costa Rica, an EFTA state, Peru or Jordan

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.

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

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.

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

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

Abbreviations

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:

Jordan Tariff

Application of JT

52.4 (1) Subject to section 24, goods that originate in Jordan are entitled to the Jordan 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 “JT” in relation to goods entitled to the Jordan Tariff, the Jordan Tariff rate of customs duty that applies to those goods is the final rate of “Free”.

“F” staging for JT

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

Rounding of specific rates

(4) If a reduction under subsection (3) 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

(5) If a reduction under subsection (3) 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

(6) If a reduction under subsection (3) 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.

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

Bilateral Emergency Measures — Jordan

Order by Governor in Council

71.6 (1) Subject to subsections (2) and (3), 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 19.018(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.094) of that Act, that goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone 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 52.4;

(b) in respect of goods on which a customs duty is imposed on a seasonal basis, 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 set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection; and

(c) in respect of goods other than goods referred to in paragraph (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 Jordan 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 immediately before the coming into force of this subsection, and

(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods at the time the order is made.

Terms and conditions

(2) An order under subsection (1)

(a) may not be made more than twice during the period beginning on the coming into force of this subsection and ending on the date that is 10 years after the coming into force of this subsection in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and

(b) may be made after the date that is 10 years after the coming into force of this subsection only if it is based on an agreement between the Government of Canada and the Government of Jordan relating to the application of subsection (1).

Application of measures a second time

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

Rate of duty when order ceases to have effect

(4) If an order made under subsection (1) ceases to have effect in a particular calendar year, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with section 52.4.

Definition of “principal cause”

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

Reference to customs duty in effect

(6) For the purposes of paragraph (1)(b), the Most-Favoured Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is,

(a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and

(b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 4(b) in Chapter 8 of the List of Tariff Provisions.

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

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

Goods in transit

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.

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

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”.

2005, c. 34

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:

2. 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.

R.S., c. F-11

Financial Administration Act

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

Implementation of Canada–Jordan Free Trade Agreement

Directive

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

Definition of “Canada–Jordan Free Trade Agreement”

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

PART 3

COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

Bill C-2

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:

Goods imported from an EFTA state, a NAFTA country, Chile, Costa Rica, Peru, Colombia or Jordan

(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:

Definition of “complaint”

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”
« accord de libre-échange »

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

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

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(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

Definition of “identical goods”

Denial or withdrawal of benefit — NAFTA country, Chile, Costa Rica, Peru, Colombia or Jordan

(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:

Goods imported from a NAFTA country, Chile, Costa Rica, an EFTA state, Peru, Colombia or Jordan

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:

Abbreviations

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:

Goods in transit

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

Order in council

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.

Explanatory Notes

Canadian International Trade Tribunal Act

Clause 16: Existing text of subsection 2(5):

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

Clause 17: New.

Clause 18: Existing text of section 21.1:

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07) (1.08), (1.09), (1.091), (1.092) or (1.093) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

Clause 19: New.

Clause 20: Relevant portion of subsection 26(1):

26. (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfied

(a) that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that

Clause 21: Relevant portion of subsection 27(1):

27. (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a),

Customs Act

Clause 23: (1) Existing text of the definitions:

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

“free trade partner” means

(a) a NAFTA country,

(b) Chile,

(d) Israel or another CIFTA beneficiary,

(e) an EFTA state, or

(f) Peru;

(2) New.

(3) Relevant portion of subsection 2(1.2):

(1.2) For the purposes of this Act, a reference to preferential tariff treatment under a free trade agreement shall be read as a reference to whichever of the following is applicable in the circumstances:

Clause 24: Relevant portion of subsection 35.1(4):

(4) The Governor in Council, on the recommendation of the Minister and the Minister of Finance, may make regulations

...

(c) exempting persons or goods, or classes thereof, from the requirements of subsection (1) subject to such conditions, if any, as are specified in the regulations.

Clause 25: Existing text of subsection 42.2(1):

42.2 (1) On completion of a verification of origin under paragraph 42.1(1)(a), an officer designated under subsection 42.1(1) shall provide the exporter or producer whose goods are subject to the verification of origin with a statement as to whether the goods are eligible, under the Customs Tariff, for the preferential tariff treatment that was claimed.

Clause 26: Existing text of the heading and section 42.4:

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

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

(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to the prescribed conditions, deny or withdraw preferential tariff treatment under NAFTA, CCFTA, CCRFTA or CPFTA in respect of goods for which that treatment is claimed if the exporter or producer of the goods has made false representations that identical goods exported or produced by that exporter or producer and for which that treatment was claimed were eligible for that treatment.

Clause 27: Relevant portion of subsection 43.1(1):

43.1 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section shall, before goods are imported, on application by any member of a prescribed class that is made within the prescribed time, in the prescribed manner and in the prescribed form containing the prescribed information, give an advance ruling with respect to

...

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

Clause 28: Relevant portion of subsection 74(1):

74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part of those duties, and the Minister may grant to that person a refund of all or part of those duties, if

...

(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, CIFTA or CPFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);

Clause 29: New.

Customs Tariff

Clause 30: New.

Clause 31: Existing text of section 5:

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

Clause 32: Relevant portion of subsection 14(2):

(2) The Governor in Council may, on the recommendation of the Minister, by order, amend the List of Tariff Provisions and the “F” Staging List to reduce a rate of customs duty on goods imported from a country, and to make other amendments consequential thereto,

...

(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), 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.

Clause 33: Existing text of section 27:

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

Clause 34: New.

Clause 35: New.

Clause 36: Existing text of section 79:

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(2), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.

Clause 37: Relevant portion of section 133:

133. The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations

...

Financial Administration Act

Clause 40: New.