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
 
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