Canada–Colombia Trade Agreement Implementation Act (S.C. 2010, c. 4)
Full Document:
Assented to 2010-06-29
Marginal note:2009, c. 16, s. 43
36. 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 Peru or Colombia, means an important cause that is no less important than any other cause.
Marginal note:2009, c. 16, s. 44
37. Section 59.1 of the Act is replaced by the following:
Marginal note:Peru and Colombia emergency measures
59.1 An order made under subsection 55(1) may exclude goods of any kind imported from Peru or Colombia 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.
Marginal note:2009, c. 16, s. 45(2)
38. Subsection 63(4.1) of the Act is replaced by the following:
Marginal note:Exception for goods imported from Peru or Colombia
(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru or Colombia 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.
39. The Act is amended by adding the following after section 71:
Bilateral Emergency Measures — Colombia
Marginal note:Order by Governor in Council
71.01 (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 19.0121(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.061) of that Act, that goods that are entitled to the Colombia 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 49.01; 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 Colombia Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of
(i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and
(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on January 1, 2007.
Marginal note:Terms and conditions
(2) An order under subsection (1)
(a) may not be made more than once in respect of goods of any particular kind;
(b) may only remain in effect for the period, not exceeding three years, that is specified in the order; and
(c) may only be made during the period beginning on the day on which this subsection comes into force and ending
(i) if the order is in respect of goods for which the Colombia 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 Colombia 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.
Marginal note: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 49.01.
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.
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