Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)

Assented to 2009-06-18

Marginal note:2001, c. 28, s. 32

 Section 5 of the Act is replaced by the following:

Marginal note:Goods imported from a NAFTA country, Chile, Costa Rica or Peru

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

Marginal note:2001, c. 28, s. 33

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

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

Marginal note:2001, c. 28, s. 35

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

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

Marginal note:2001, c. 28, s. 36

 Section 27 of the Act is replaced by the following:

Marginal note: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” and “PT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff” and “Peru Tariff”.

Marginal note:2001, c. 28, s. 37

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

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

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

Peru Tariff

Marginal note:Application of PT
  • 49.5 (1) Subject to section 24, goods that originate in Peru are entitled to the Peru Tariff rates of customs duty.

  • Marginal note:“A” final rate

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

  • Marginal note:“F” staging for PT

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

  • Marginal note:Staging for PT

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

    • (a) if “R1” is set out,

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

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

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

    • (b) if “R2” is set out,

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

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

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

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

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

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

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

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Extension of Peru Tariff

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

  • Marginal note:Limits on reduction of duty

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