Canada–Panama Economic Growth and Prosperity Act (S.C. 2012, c. 26)

Assented to 2012-12-14

Canada–Panama Economic Growth and Prosperity Act

S.C. 2012, c. 26

Assented to 2012-12-14

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

SUMMARY

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Panama and done at Ottawa on May 13 and 14, 2010.

The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.

Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the agreements and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.

Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Part 3 of the enactment contains coordinating amendments and the coming into force provision.

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

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Canada–Panama Economic Growth and Prosperity Act.

INTERPRETATION

Marginal note:Definitions

 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.

Marginal note:Interpretation consistent with agreements

 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.

Marginal note:Non-application of Act or Agreement to water

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

Marginal note:Construction

 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

Marginal note:Binding on Her Majesty

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

PURPOSE

Marginal note:Purpose

 The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their provisions, are to

  • (a) establish a free trade area in accordance with the Agreement;

  • (b) promote, through the expansion of recip­rocal 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;

  • (c) provide fair conditions of competition affecting trade between Canada and the Republic of Panama;

  • (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

Marginal note:Causes of action under Part 1
  •  (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.

  • Marginal note: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 1IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS

Approval

Marginal note:Agreements approved

 The Agreement and the related agreements are approved.

Administrative and Institutional Provisions

Marginal note:Canadian representative on Joint Commission

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

Marginal note:Payment of expenditures

 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

Marginal note:Powers of Minister
  •  (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

    • (c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 22.08.

  • Marginal note: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

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

  • Marginal note: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.

Marginal note:Administrative support

 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 assistance to panels established under that Chapter.

Marginal note:Payment of costs

 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

Marginal note:Orders re Article 22.13 of Agreement
  •  (1) The Governor in Council may, for the purpose of suspending benefits in accord­ance 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;

    • (c) extend the application of any federal law to the Republic of Panama or to goods of the Republic of Panama; and

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

  • Marginal note:Period of order

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

PART 2RELATED AMENDMENTS

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

  •  (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.

  • Marginal note:2010, c. 4, s. 16(2)

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

    • Marginal note: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
      • Colombia
      • Costa Rica
      • Panama
      • Peru

 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.

  • Marginal note: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 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Notice of report

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

 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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:2010, c. 4, s. 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.

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

  • Marginal note: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.

 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,

 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

 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;

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

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

 The schedule to the Act is renumbered as Schedule 1.

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

 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:

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

Marginal note:2009, c. 16, s. 25(3)

 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

Marginal note:2009, c. 16, s. 30; 2010, c. 4, s. 24

 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

Marginal note:1997, c. 36, s. 147(1); 2001, c. 28, s. 26(2); 2009, c. 6, s. 23(2), c. 16, s. 31(2); 2010, c. 4, s. 25(2)
  •  (1) The definitions “preferential tariff treatment under CCFTA”, “preferential tariff treatment under CCOFTA”, “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.

  • Marginal note:2010, c. 4, s. 25(1)

    (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 Economic Growth and Prosperity 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;

  • Marginal note: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); 2010, c. 4, s. 25(3)

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

Marginal note:1988, c. 65, s. 69

 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.

Marginal note:1997, c. 36, s. 162

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

Marginal note: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.

Marginal note:2010, c. 4, s. 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 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.

  • Marginal note: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 pref­erential 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.

Marginal note:2010, c. 4, s. 27

 Paragraph 43.1(1)(b) of the Act is replaced by the following:

  • (b) in the case of goods exported from a country or territory set out in column 1 of Part 3 of the schedule, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in the provision set out in column 2; and

Marginal note:2010, c. 4, s. 28

 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 set out in column 1 of Part 4 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);

Marginal note: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); 2010, c. 4, s. 29

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

  • Marginal note: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 5 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.

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

1997, c. 36Customs Tariff

 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 Economic Growth and Prosperity 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.

Marginal note:2010, c. 4, s. 31

 Section 5 of the Act is replaced by the following:

Marginal note: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
Marginal note:2010, c. 4, s. 32

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

  • (c) by way of compensation for any action taken under any of the following provisions:

    • (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.

Marginal note:2010, c. 4, s. 34

 Section 27 of the Act is replaced by the following:

Marginal note: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.

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

Panama Tariff

Marginal note: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.

  • 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 “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”.

  • Marginal note:“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.

  • Marginal note: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

    • (c) if “T3” is set out,

      • (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”.

  • 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:2010, c. 4, s. 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 one of the following countries, means an important cause that is no less important than any other cause:

  • Colombia
  • Panama
  • Peru
Marginal note:2010, c. 4, s. 37

 Section 59.1 of the Act is replaced by the following:

Marginal note: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:

  • Colombia
  • Panama
  • Peru
Marginal note:2010, c. 4, s. 38

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

  • Marginal note: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:

    • Colombia
    • Panama
    • Peru

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

Bilateral Emergency Measures — Panama

Marginal note: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.

  • Marginal note: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;

    • (c) may 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 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).

  • 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 49.41.

  • 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.

Marginal note:2010, c. 4, s. 40

 Section 79 of the Act is replaced by the following:

Marginal note: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);

  • (c) section 60;

  • (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).

Marginal note:2010, c. 4, s. 41

 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
    • 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
  •  (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, 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
  • (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
      • Colombia
      • 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, 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

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

      Countries:

      • Chile
      • Colombia
      • 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
    • Colombia
    • Costa Rica
    • Israel or another CIFTA beneficiary
    • Mexico
    • Panama
    • Peru
    • United States

2005, c. 34Department of Human Resources and Skills Development Act

Marginal note:2009, c. 16, s. 51; 2010, c. 4, s. 43

 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-19Export and Import Permits Act

 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;

Marginal note:2010, c. 4, s. 45

 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;

Marginal note:2010, c. 4, s. 46

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

  • Marginal note: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.

 The Act is amended by adding, after section 27, the schedule set out in Schedule 7 to this Act.

R.S., c. F-11Financial Administration Act

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

Implementation of Other Free Trade Agreements

Marginal note: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.

  • Marginal note: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.

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

R.S., c. I-3Importation of Intoxicating Liquors Act

 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;

 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

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

PART 3COORDINATING AMENDMENTS AND COMING INTO FORCE

Coordinating Amendments

Marginal note:Bill C-13 and Canada–Jordan Economic Growth and Prosperity Act

 If Bill C-13, introduced in the 1st session of the 41st Parliament and entitled the Keeping Canada’s Economy and Jobs Growing Act (in this section referred to as the “first Act”), receives royal assent and a Bill entitled the Canada–Jordan Economic Growth and Prosperity Act (in this section referred to as the “second Act”) is introduced in the 1st session of 41st Parliament and 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 set out together in one of subsections 63(2) to (4) 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 44(4) to (6) of the second Act;

  • (b) subsections 61(4), (5) and (12) of this Act; or

  • (c) subsections 62(40) to (42) of this Act.

Marginal note:Bill C-13
  •  (1) Subsections (2) to (29) apply if Bill C-13, introduced in the 1st session of the 41st Parliament and entitled the Keeping Canada’s Economy and Jobs Growing Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If section 39 of this Act comes into force before section 111 of the other Act, then that section 111 is deemed never to have come into force and is repealed.

  • (3) If section 111 of the other Act comes into force on the same day as section 39 of this Act, then that section 111 is deemed to have come into force before that section 39.

  • (4) On the first day on which both subsection 113(2) of the other Act and section 40 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 any of the following provisions:

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

  • (5) On the first day on which both section 116 of the other Act and section 41 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:

    Marginal note:Abbreviations

    27. The following abbreviations, as defined below, apply in the schedule.

    “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.

    “MFN”

    « NPF »

    “MFN” refers to the Most-Favoured-Nation 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.

  • (6) If section 43 of this Act comes into force before section 124 of the other Act, then, on the day on which that section 124 comes into force, the definition “principal cause” in section 54 of the Customs Tariff is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (7) If section 124 of the other Act comes into force on the same day as section 43 of this Act, then that section 124 is deemed to have come into force before that section 43.

  • (8) If section 44 of this Act comes into force before section 126 of the other Act, then that section 126 is deemed never to have come into force and is repealed.

  • (9) If section 126 of the other Act comes into force on the same day as section 44 of this Act, then that section 126 is deemed to have come into force before that section 44.

  • (10) If section 45 of this Act comes into force before section 127 of the other Act, then that section 127 is deemed never to have come into force and is repealed.

  • (11) If section 127 of the other Act comes into force on the same day as section 45 of this Act, then that section 127 is deemed to have come into force before that section 45.

  • (12) On the first day on which both section 129 of the other Act and section 47 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:

    Marginal note: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);

    • (c) section 60;

    • (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).

  • (13) If section 48 of this Act comes into force before section 134 of the other Act, then that section 134 is deemed never to have come into force and is repealed.

  • (14) If section 134 of the other Act comes into force on the same day as section 48 of this Act, then that section 134 is deemed to have come into force before that section 48.

  • (15) On the first day on which both section 137 of the other Act and subsection 49(1) of this Act are in force, the List of Countries and Applicable Tariff Treatments set out in the schedule to the Customs Tariff is amended by adding, in the column “Tariff Treatment / Other”, a reference to “PAT” opposite the reference to “Panama”.

  • (16) If subsection 138(1) of the other Act comes into force before subsection 49(3) of this Act, then that subsection 49(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 Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (17) If subsection 49(3) of this Act comes into force before subsection 138(1) of the other Act, then that subsection 138(1) is deemed never to have come into force and is repealed.

  • (18) If subsection 138(1) of the other Act comes into force on the same day as subsection 49(3) of this Act, then that subsection 49(3) is deemed to have come into force before that subsection 138(1) and subsection (17) applies as a consequence.

  • (19) If subsection 138(2) of the other Act comes into force before subsection 49(4) of this Act, then that subsection 49(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 adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (20) If subsection 49(4) of this Act comes into force before subsection 138(2) of the other Act, then that subsection 138(2) is deemed never to have come into force and is repealed.

  • (21) If subsection 138(2) of the other Act comes into force on the same day as subsection 49(4) of this Act, then that subsection 49(4) is deemed to have come into force before that subsection 138(2) and subsection (20) applies as a consequence.

  • (22) If subsection 49(5) of this Act comes into force before subsection 138(3) of the other Act, then that subsection 138(3) is deemed never to have come into force and is repealed.

  • (23) If subsection 138(3) of the other Act comes into force on the same day as subsection 49(5) of this Act, then that subsection 138(3) is deemed to have come into force before that subsection 49(5).

  • (24) If section 140 of the other Act comes into force before subsection 49(2) of this Act, then that subsection 49(2) is repealed.

  • (25) If section 140 of the other Act comes into force on the same day as subsection 49(2) of this Act, then that subsection 49(2) is deemed to have come into force before that section 140.

  • (26) If subsection 49(1) of this Act comes into force before section 143 of the other Act, then, on the day on which that section 143 comes into force, the tariff provisions that are added by that section 143 to the List of Tariff Provisions set out in the schedule to the Customs Tariff are amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “PAT: Free”; and

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

  • (27) If section 143 of the other Act comes into force on the same day as subsection 49(1) of this Act, then that section 143 is deemed to have come into force before that subsection 49(1).

  • (28) If subsection 49(1) of this Act comes into force before section 146 of the other Act, then, on the day on which that section 146 comes into force, the tariff provisions that are added by that section 146 to the List of Tariff Provisions set out in the schedule to the Customs Tariff are amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “PAT: Free”; and

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

  • (29) If section 146 of the other Act comes into force on the same day as subsection 49(1) of this Act, then that section 146 is deemed to have come into force before that subsection 49(1).

Marginal note:Canada–Jordan Economic Growth and Prosperity Act
  •  (1) Subsections (2) to (60) apply if a Bill entitled the Canada–Jordan Economic Growth and Prosperity Act (in this section referred to as the “other Act”) is introduced in the 1st session of the 41st Parliament and receives royal assent.

  • (2) If section 16 of the other Act comes into force before subsection 16(2) of this Act, then that subsection 16(2) is replaced by the following:

    • (2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (3) If subsection 16(2) of this Act comes into force before section 16 of the other Act, then that section 16 is replaced by the following:

    • 16. (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.2):

      • Definition of “Jordan Tariff”

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

    • (2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

  • (4) If section 16 of the other Act comes into force on the same day as subsection 16(2) of this Act, then that section 16 is deemed to have come into force before that subsection 16(2) and subsection (2) applies as a consequence.

  • (5) If section 18 of the other Act comes into force before section 19 of this Act, then that section 19 is repealed.

  • (6) If section 18 of the other Act comes into force on the same day as section 19 of this Act, then that section 19 is deemed to have come into force before that section 18.

  • (7) If section 22 of the other Act comes into force before section 28 of this Act, then that section 28 is repealed.

  • (8) If section 28 of this Act comes into force before section 22 of the other Act, then that section 22 is repealed.

  • (9) If section 22 of the other Act comes into force on the same day as section 28 of this Act, then that section 22 is deemed to have come into force before that section 28 and subsection (7) applies as a consequence.

  • (10) If section 23 of the other Act comes into force before section 29 of this Act, then that section 29 is replaced by the following:

    29. Part 2 of the schedule to the Act is amended by adding the following in alphabetical order:

    The Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.

  • (11) If section 29 of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:

    23. Part 2 of the schedule to the 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.

  • (12) If section 23 of the other Act comes into force on the same day as section 29 of this Act, then that section 23 is deemed to have come into force before that section 29 and subsection (10) applies as a consequence.

  • (13) If section 24 of the other Act comes into force before section 30 of this Act, then that section 30 is replaced by the following:

    30. Subsection 2(1) of the Customs 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 Economic Growth and Prosperity Act;

    “Panama”

    « Panama »

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

  • (14) If section 30 of this Act comes into force before section 24 of the other Act, then that section 24 is replaced by the following:

    24. Subsection 2(1) of the Customs 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 Economic Growth and Prosperity Act;

    “Jordan”

    « Jordanie »

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

  • (15) If section 24 of the other Act comes into force on the same day as section 30 of this Act, then that section 24 is deemed to have come into force before that section 30 and subsection (13) applies as a consequence.

  • (16) If section 25 of the other Act comes into force before section 31 of this Act, then that section 31 is repealed.

  • (17) If section 31 of this Act comes into force before section 25 of the other Act, then that section 25 is repealed.

  • (18) If section 25 of the other Act comes into force on the same day as section 31 of this Act, then that section 25 is deemed to have come into force before that section 31 and subsection (16) applies as a consequence.

  • (19) If section 26 of the other Act comes into force before section 32 of this Act, then that section 32 is repealed.

  • (20) If section 32 of this Act comes into force before section 26 of the other Act, then that section 26 is repealed.

  • (21) If section 26 of the other Act comes into force on the same day as section 32 of this Act, then that section 26 is deemed to have come into force before that section 32 and subsection (19) applies as a consequence.

  • (22) If section 27 of the other Act comes into force before section 33 of this Act, then that section 33 is repealed.

  • (23) If section 33 of this Act comes into force before section 27 of the other Act, then that section 27 is repealed.

  • (24) If section 27 of the other Act comes into force on the same day as section 33 of this Act, then that section 27 is deemed to have come into force before that section 33 and subsection (22) applies as a consequence.

  • (25) If section 28 of the other Act comes into force before section 34 of this Act, then that section 34 is repealed.

  • (26) If section 34 of this Act comes into force before section 28 of the other Act, then that section 28 is repealed.

  • (27) If section 28 of the other Act comes into force on the same day as section 34 of this Act, then that section 28 is deemed to have come into force before that section 34 and subsection (25) applies as a consequence.

  • (28) If section 29 of the other Act comes into force before section 35 of this Act, then that section 35 is repealed.

  • (29) If section 35 of this Act comes into force before section 29 of the other Act, then that section 29 is repealed.

  • (30) 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 (28) applies as a consequence.

  • (31) If section 30 of the other Act comes into force before section 36 of this Act, then that section 36 is repealed.

  • (32) If section 36 of this Act comes into force before section 30 of the other Act, then that section 30 is repealed.

  • (33) If section 30 of the other Act comes into force on the same day as section 36 of this Act, then that section 30 is deemed to have come into force before that section 36 and subsection (31) applies as a consequence.

  • (34) If section 31 of the other Act comes into force before section 37 of this Act, that section 37 is replaced by the following:

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

    • (2) Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPAFTA” in column 1 and a corresponding reference to “Article 4.01” in column 2.

    • (3) Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Panama” in column 1 and a corresponding reference to “paragraph 10 of Article 5.02 of CPAFTA” in column 2.

    • (4) Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Panama” in column 1 and a corresponding reference to “CPAFTA” in column 2.

    • (5) Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPAFTA” in column 1 a corresponding reference to “Chapter Four” in column 2.

  • (35) If section 37 of this Act comes into force before section 31 of the other Act, then that section 31 is replaced by the following:

    • 31. (1) Part 1 of the schedule to the 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.

    • (2) Part 2 of the schedule to the 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.

    • (3) Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Jordan” in column 1 and a corresponding reference to “paragraph 10 of Article 6-2 of CJFTA” in column 2.

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

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

  • (36) If section 31 of the other Act comes into force on the same day as section 37 of this Act, then that section 31 is deemed to have come into force before that section 37 and subsection (34) applies as a consequence.

  • (37) If section 33 of the other Act comes into force before section 39 of this Act, then that section 39 is replaced by the following:

    39. Section 5 of the Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (38) If section 39 of this Act comes into force before section 33 of the other Act, then that section 33 is replaced by the following:

    33. Section 5 of the Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

  • (39) If section 33 of the other Act comes into force on the same day as section 39 of this Act, then that section 33 is deemed to have come into force before that section 39 and subsection (37) applies as a consequence.

  • (40) On the first day on which both section 34 of the other Act and section 40 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 any of the following provisions:

      • (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.

  • (41) On the first day on which both section 35 of the other Act and section 41 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:

    Marginal note: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.

  • (42) On the first day on which both section 38 of the other Act and section 47 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:

    Marginal note: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);

    • (c) section 60;

    • (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).

  • (43) If section 39 of the other Act comes into force before section 48 of this Act, then that section 48 is replaced by the following:

    • 48. (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

    • (2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (44) If section 48 of this Act comes into force before section 39 of the other Act, then that section 39 is replaced by the following:

    • 39. (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

    • (2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

  • (45) If section 39 of the other Act comes into force on the same day as section 48 of this Act, then that section 39 is deemed to have come into force before that section 48 and subsection (43) applies as a consequence.

  • (46) If subsection 40(2) of the other Act comes into force before subsection 49(3) of this Act, then that subsection 49(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 Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (47) If subsection 49(3) of this Act comes into force before subsection 40(2) of the other Act, then that subsection 40(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 Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

  • (48) If subsection 40(2) of the other Act comes into force on the same day as subsection 49(3) of this Act, then that subsection 40(2) is deemed to have come into force before that subsection 49(3) and subsection (46) applies as a consequence.

  • (49) If subsection 40(3) of the other Act comes into force before subsection 49(5) of this Act, then that subsection 49(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 Act is amended by adding, in alphabetical order, a reference to “Panama” in the list of countries.

  • (50) If subsection 49(5) of this Act comes into force before subsection 40(3) of the other Act, then that subsection 40(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 Act is amended by adding, in alphabetical order, a reference to “Jordan” in the list of countries.

  • (51) If subsection 40(3) of the other Act comes into force on the same day as subsection 49(5) of this Act, then that subsection 40(3) is deemed to have come into force before that subsection 49(5) and subsection (49) applies as a consequence.

  • (52) If section 41 of the other Act comes into force before section 50 of this Act, then that section 50 is replaced by the following:

    50. 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 Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.

  • (53) If section 50 of this Act comes into force before section 41 of the other Act, then that section 41 is replaced by the following:

    41. 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.

  • (54) If section 41 of the other Act comes into force on the same day as section 50 of this Act, then that section 41 is deemed to have come into force before that section 50 and subsection (52) applies as a consequence.

  • (55) If section 42 of the other Act comes into force before section 55 of this Act, then that section 55 is repealed.

  • (56) If section 55 of this Act comes into force before section 42 of the other Act, then that section 42 is repealed.

  • (57) If section 42 of the other Act comes into force on the same day as section 55 of this Act, then that section 42 is deemed to have come into force before that section 55 and subsection (55) applies as a consequence.

  • (58) If section 43 of the other Act comes into force before section 56 of this Act, then that section 56 is replaced by the following:

    56. Schedule VII to the Act is amended by adding the following in alphabetical order:

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

  • (59) If section 56 of this Act comes into force before section 43 of the other Act, then that section 43 is replaced by the following:

    43. Schedule VII to the 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.

  • (60) If section 43 of the other Act comes into force on the same day as section 56 of this Act, then that section 43 is deemed to have come into force before that section 56 and subsection (58) applies as a consequence.

Marginal note:Bill C-13 and Canada–Jordan Economic Growth and Prosperity Act
  •  (1) Subsections (2) to (6) apply if Bill C-13, introduced in the 1st session of the 41st Parliament and entitled the Keeping Canada’s Economy and Jobs Growing Act (in this section referred to as the “first Act”), receives royal assent and a Bill entitled the Canada–Jordan Economic Growth and Prosperity Act (in this section referred to as the “second Act”) is introduced in the 1st session of 41st Parliament and receives royal assent.

  • (2) On the first day on which subsection 113(2) of the first Act, section 34 of the second Act and section 40 of this Act are all 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 any of the following provisions:

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

  • (3) On the first day on which section 116 of the first Act, section 35 of the second Act and section 41 of this Act are all in force, section 27 of the Customs Tariff is replaced by the following:

    Marginal note:Abbreviations

    27. The following abbreviations, as defined below, apply in the schedule.

    “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.

    “MFN”

    « NPF »

    “MFN” refers to the Most-Favoured-Nation 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.

  • (4) On the first day on which section 129 of the first Act, section 38 of the second Act and section 47 of this Act are all in force, section 79 of the Customs Tariff is replaced by the following:

    Marginal note: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);

    • (c) section 60;

    • (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).

  • (5) If subsection 138(1) of the first Act comes into force before subsection 40(2) of the second Act and subsection 49(3) of this Act, then subsections 62(46) to (48) of this Act are deemed never to have produced their effects.

  • (6) If subsection 44(2), (7), (11) or (13) of the second Act produces its effects on the same day that, respectively, subsection 61(2), (13), (17) or (22) of this Act produces its effects, then that subsection of this Act is deemed never to have produced its effects.

Marginal note:SOR/2011-191
  •  (1) In this section, “Order” means the Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2012), SOR/2011-191.

  • (2) If section 1 of the Order comes into force before subsection 49(1) of this Act, then

    • (a) Schedule 4 to this Act is amended by deleting tariff item Nos. 0209.00.21, 0209.00.22, 0209.00.24, 0401.30.20, 0407.00.12 and 0407.00.19; and

    • (b) Schedule 5 to this Act is amended by deleting tariff item Nos. 0209.00.23, 0401.30.10, 0407.00.11, 0407.00.18 and 2403.10.00 and the rates of customs duty and staging categories set out with respect to each of those tariff items in that Schedule.

  • (3) If section 1 of the Order comes into force on the same day as subsection 49(1) of this Act, then that subsection 49(1) is deemed to have come into force before that section 1.

  • (4) If section 5 of the Order comes into force before subsection 49(1) of this Act, then

    • (a) Schedule 4 to this Act is amended by adding, in numerical order, tariff item Nos. 0209.90.10, 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12; and

    • (b) Schedule 5 to this Act is amended by adding, in numerical order, the tariff items set out in Schedule 10 to this Act and the rates of customs duty and staging categories set out with respect to each of those tariff items in that Schedule 10.

  • (5) If subsection 49(1) of this Act comes into force before section 5 of the Order, then, on the day on which that section 5 comes into force, the tariff provisions that are added by that section 5 to the List of Tariff Provisions set out in the schedule to the Customs Tariff are 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 tariff item Nos. 0209.90.10, 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20, 0407.90.12 and the tariff items set out in Schedule 10 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 tariff item Nos. 0209.90.10, 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12; 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 10 to this Act, the rates of customs duty and staging categories set out with respect to that tariff item in that Schedule.

  • (6) If section 5 of the Order comes into force on the same day as subsection 49(1) of this Act, then that section 5 is deemed to have come into force before that subsection 49(1) and subsection (4) applies as a consequence.

Coming into Force

Marginal note:Order in council

 This Act, other than sections 60 to 64, comes into force on a day to be fixed by order of the Governor in Council.

SCHEDULE 1(Section 26)

SCHEDULE 2(Paragraph 5(4)(e))

Column 1Column 2
ProvisionsAgreement
Article 9.20 or 9.21Free Trade Agreement between Canada and the Republic of Panama, done at Ottawa on May 14, 2010

SCHEDULE 2(Section 29)

SCHEDULE(Section 20.1)

PART 1
ENVIRONMENTAL COOPERATION TREATIES

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.

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.

PART 2
LABOUR COOPERATION TREATIES

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.

The Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.

The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.

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.

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.

SCHEDULE 3(Section 37)

SCHEDULE(Subsection 2(1), section 42.4, paragraphs 43.1(1)(b) and 74(1)(c.11) and subsection 164(1.1))

PART 1

Column 1Column 2Column 3
Country or TerritoryAgreementTariff
ChileCCFTAChile Tariff rates of customs duty under the Customs Tariff
ColombiaCCOFTAColombia Tariff rates of customs duty under the Customs Tariff
Costa RicaCCRFTACosta Rica Tariff rates of customs duty under the Customs Tariff
EFTA StateCEFTAIceland Tariff, Norway Tariff or Switzerland– Liechtenstein Tariff rates of customs duty under the Customs Tariff
Israel or another CIFTA beneficiaryCIFTACanada–Israel Agreement Tariff rates of customs duty under the Customs Tariff
NAFTA countryNAFTAUnited States Tariff, Mexico Tariff or Mexico–United States Tariff rates of customs duty under the Customs Tariff
PanamaCPAFTAPanama Tariff rates of customs duty under the Customs Tariff
PeruCPFTAPeru Tariff rates of customs duty under the Customs Tariff

PART 2

Column 1Column 2
AgreementProvision
CCFTAArticle E-14
CCOFTAArticle 423
CCRFTAArticle V.14
CPAFTAArticle 4.01
CPFTAArticle 423
NAFTAArticle 514

PART 3

Column 1Column 2
Country or TerritoryProvision
Chileparagraph 1 of Article E-09 of CCFTA
Colombiaparagraph 1 of Article 419 of CCOFTA
Costa Ricaparagraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA
EFTA StateArticle 28(2) of Annex C of CEFTA
NAFTA countryparagraph 1 of Article 509 of NAFTA
Panamaparagraph 10 of Article 5.02 of CPAFTA
Peruparagraph 1 of Article 419 of CPFTA

PART 4

Column 1Column 2
Country or TerritoryAgreement
ColombiaCCOFTA
Costa RicaCCRFTA
EFTA StateCEFTA
PanamaCPAFTA
PeruCPFTA

PART 5

Column 1Column 2
AgreementChapter or Provision
CCFTAChapters C and E
CCOFTAChapter Four
CCRFTAChapters III and V
CEFTAChapters II and Annex C
CPAFTAChapter Four
CPFTAChapter Four
NAFTAChapters Three and Five

SCHEDULE 4(Paragraphs 49(1)(c) and (d))

  • 0105.11.21
  • 0105.11.22
  • 0105.94.10
  • 0105.94.91
  • 0105.94.92
  • 0105.99.12
  • 0207.11.10
  • 0207.11.91
  • 0207.11.92
  • 0207.12.10
  • 0207.12.91
  • 0207.12.92
  • 0207.13.10
  • 0207.13.91
  • 0207.13.92
  • 0207.13.93
  • 0207.14.10
  • 0207.14.22
  • 0207.14.91
  • 0207.14.92
  • 0207.14.93
  • 0207.24.12
  • 0207.24.92
  • 0207.25.12
  • 0207.25.92
  • 0207.26.20
  • 0207.26.30
  • 0207.27.12
  • 0207.27.92
  • 0207.27.93
  • 0209.00.21
  • 0209.00.22
  • 0209.00.24
  • 0210.99.11
  • 0210.99.12
  • 0210.99.13
  • 0210.99.15
  • 0210.99.16
  • 0401.10.20
  • 0401.20.20
  • 0401.30.20
  • 0402.10.20
  • 0402.21.12
  • 0402.21.22
  • 0402.29.12
  • 0402.29.22
  • 0402.91.20
  • 0402.99.20
  • 0403.10.20
  • 0403.90.12
  • 0403.90.92
  • 0404.10.22
  • 0404.90.20
  • 0405.10.20
  • 0405.20.20
  • 0405.90.20
  • 0406.10.20
  • 0406.20.12
  • 0406.20.92
  • 0406.30.20
  • 0406.40.20
  • 0406.90.12
  • 0406.90.22
  • 0406.90.32
  • 0406.90.42
  • 0406.90.52
  • 0406.90.62
  • 0406.90.72
  • 0406.90.82
  • 0406.90.92
  • 0406.90.94
  • 0406.90.96
  • 0406.90.99
  • 0407.00.12
  • 0407.00.19
  • 0408.11.20
  • 0408.19.20
  • 0408.91.20
  • 0408.99.20
  • 1517.90.22
  • 1601.00.22
  • 1601.00.32
  • 1602.20.22
  • 1602.20.32
  • 1602.31.13
  • 1602.31.14
  • 1602.31.94
  • 1602.31.95
  • 1602.32.13
  • 1602.32.14
  • 1602.32.94
  • 1602.32.95
  • 1701.12.90
  • 1701.91.10
  • 1701.99.10
  • 1702.11.00
  • 1702.19.00
  • 1702.30.90
  • 1702.40.00
  • 1702.60.00
  • 1702.90.11
  • 1702.90.12
  • 1702.90.13
  • 1702.90.14
  • 1702.90.15
  • 1702.90.16
  • 1702.90.17
  • 1702.90.18
  • 1702.90.21
  • 1702.90.29
  • 1702.90.40
  • 1702.90.50
  • 1702.90.61
  • 1702.90.69
  • 1702.90.70
  • 1702.90.81
  • 1702.90.89
  • 1702.90.90
  • 1703.10.10
  • 1806.20.22
  • 1806.90.12
  • 1901.20.12
  • 1901.20.22
  • 1901.90.32
  • 1901.90.34
  • 1901.90.52
  • 1901.90.54
  • 2105.00.92
  • 2106.90.32
  • 2106.90.34
  • 2106.90.52
  • 2106.90.94
  • 2202.90.43
  • 2309.90.32
  • 3502.11.20
  • 3502.19.20
  • 3504.00.11
  • 3504.00.12
  • 3504.00.90
  • 9801.20.00
  • 9826.10.00
  • 9826.20.00
  • 9826.30.00
  • 9826.40.00
  • 9897.00.00
  • 9898.00.00
  • 9899.00.00
  • 9904.00.00
  • 9938.00.00
  • 9987.00.00

SCHEDULE 5(Paragraphs 49(1)(c) and (e))

Tariff ItemInitial RateFinal Rate
0105.99.111.90¢/kgFree (T2)
0201.10.2026.5%Free (T2)
0201.20.2026.5%Free (T2)
0201.30.2026.5%Free (T2)
0202.10.2026.5%Free (T2)
0202.20.2026.5%Free (T2)
0202.30.2026.5%Free (T2)
0207.24.115% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0207.24.915% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0207.25.115% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0207.25.915% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0207.26.105% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0207.27.915% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0209.00.235% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0210.99.145% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0210.99.192.5%Free (T2)
0401.10.107.5%Free (T2)
0401.20.107.5%Free (T2)
0401.30.107.5%Free (T2)
0402.91.102.84¢/kgFree (T1)
0402.99.102.84¢/kgFree (T1)
0403.10.106.5%Free (T2)
0403.90.113.32¢/kgFree (T2)
0403.90.917.5%Free (T2)
0404.90.103%Free (T2)
0405.10.1011.38¢/kgFree (T2)
0405.20.107%Free (T2)
0406.10.103.32¢/kgFree (T2)
0406.20.112.84¢/kgFree (T2)
0406.20.913.32¢/kgFree (T2)
0406.30.103.32¢/kgFree (T2)
0406.40.103.32¢/kgFree (T2)
0406.90.112.84¢/kgFree (T2)
0406.90.213.32¢/kgFree (T2)
0406.90.313.32¢/kgFree (T2)
0406.90.413.32¢/kgFree (T2)
0406.90.513.32¢/kgFree (T2)
0406.90.613.32¢/kgFree (T2)
0406.90.713.32¢/kgFree (T2)
0406.90.813.32¢/kgFree (T2)
0406.90.913.32¢/kgFree (T2)
0406.90.933.32¢/kgFree (T2)
0406.90.953.32¢/kgFree (T2)
0406.90.983.32¢/kgFree (T2)
0407.00.111.51¢/dozenFree (T2)
0407.00.181.51¢/dozenFree (T2)
0408.11.108.5%Free (T2)
0408.19.106.63¢/kgFree (T2)
0408.91.108.5%Free (T2)
0408.99.106.63¢/kgFree (T2)
1517.90.217.5%Free (T2)
1601.00.1112.5%Free (T2)
1601.00.1912.5%Free (T2)
1602.31.1111%Free (T2)
1602.31.127.5%Free (T2)
1602.31.9112.5%Free (T2)
1602.31.922.5%Free (T2)
1602.31.935% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
1602.32.1111%Free (T2)
1602.32.127.5%Free (T2)
1602.32.919.5%Free (T2)
1602.32.935% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
1701.91.90$30.86/tonneFree (T3)
1701.99.90$30.86/tonneFree (T3)
1703.90.1012.5%Free (T3)
1704.10.009.5%Free (T3)
1704.90.2010%Free (T3)
1704.90.909.5%Free (T3)
1806.20.215%Free (T2)
1806.90.115%Free (T2)
1901.20.114%Free (T2)
1901.20.213%Free (T2)
1901.90.316.5%Free (T2)
1901.90.336.5%Free (T2)
1901.90.516.5%Free (T2)
1901.90.536.5%Free (T2)
1905.90.5114.5%Free (T2)
2103.20.1012.5%Free (T2)
2103.20.9012.5%Free (T2)
2105.00.916.5%Free (T2)
2106.90.315%Free (T2)
2106.90.335%Free (T2)
2106.90.516.68¢/kgFree (T2)
2106.90.937%Free (T2)
2202.90.4111%Free (T2)
2202.90.427.5%Free (T2)
2207.10.102.28¢/litre of absolute ethyl alcoholFree (T1)
2207.10.904.92¢/litre of absolute ethyl alcoholFree (T1)
2208.60.0012.28¢/litre of absolute ethyl alcoholFree (T1)
2208.90.2112.28¢/litre of absolute ethyl alcoholFree (T1)
2208.90.294.92¢/litre of absolute ethyl alcoholFree (T1)
2309.90.2010.5%Free (T1)
2309.90.312%Free (T1)
2402.20.0012.5%Free (T2)
2402.90.006.5%Free (T1)
2403.10.004%Free (T1)
2403.91.9013%Free (T2)
2403.99.105%Free (T1)
2403.99.209.5%Free (T2)
2403.99.909.5%Free (T2)
3502.11.108.5%Free (T2)
3502.19.106.63¢/kgFree (T2)

SCHEDULE 6(Section 50)

SCHEDULE(Subsections 19.1(1) and (2))TREATIES

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.

The Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, as amended from time to time in accordance with Article 22 of that Agreement.

The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.

SCHEDULE 7(Section 54)

SCHEDULE(Subsection 5(3.4))COUNTRIES

  • Colombia
  • Panama
  • Peru

SCHEDULE 8(Section 56)

SCHEDULE VII(Section 89.7)

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

SCHEDULE 9(Section 59)

SCHEDULE(Paragraph 3(2)(f.1))

Column 1Column 2
CountryTariff
PanamaPanama Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff

SCHEDULE 10(Paragraphs 64(4)(b) and (5)(c) and (e))

Tariff ItemInitial RateFinal Rate
0209.90.305% but not less than 4.74¢/kg or more than 9.48¢/kgFree (T2)
0401.40.107.5%Free (T2)
0401.50.107.5%Free (T2)
0407.11.111.51¢/dozenFree (T2)
0407.11.911.51¢/dozenFree (T2)
0407.21.101.51¢/dozenFree (T2)
0407.90.111.51¢/dozenFree (T2)
2403.11.004%Free (T1)
2403.19.004%Free (T1)
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