An Act to implement the Agreement on Internal TradeAgreement on Internal Trade Implementation ActAgreement on Internal Trade Implementation1996June
20
201301
28
A-2.4171996PreambleWHEREAS the Government of Canada together with the Governments of Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, the Northwest Territories and the Yukon Territory have entered into an Agreement on Internal Trade;AND WHEREAS the reduction or elimination of barriers to the free movement of persons, goods, services and investments is essential for the promotion of an open, efficient and stable domestic market to enhance the competitiveness of Canadian business and sustainable development;NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:SHORT TITLE
Short titleThis Act may be cited as the Agreement on Internal Trade Implementation Act.
INTERPRETATION
DefinitionsIn this Act,AgreementAccordAgreement means the Agreement on Internal Trade signed in 1994 and published in Part I of the Canada Gazette;MinisterministreMinister, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 8.
PURPOSE
PurposeThe purpose of this Act is to implement the Agreement.
HER MAJESTY
Binding on Her MajestyThis Act is binding on Her Majesty in right of Canada.
GENERAL
Prohibition of private cause of actionThere is no cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of section 9 or 11, or an order made under section 9.Where private cause of action under AgreementExcept to the extent provided in Part B of Chapter Seventeen of the Agreement, there is no cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
For greater certaintyFor greater certainty, nothing in this Act, by specific mention or omission, limits in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
IMPLEMENTATION OF THE AGREEMENT GENERALLYApproval of Agreement
Agreement approvedThe Agreement is hereby approved.
Designation of Minister
Order designating MinisterThe Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada as the Minister for the purposes of any provision of this Act.
Orders
OrdersFor the purpose of suspending benefits or imposing retaliatory measures of equivalent effect against a province pursuant to Article 1710 of the Agreement, the Governor in Council may, by order, do any one or more of the following:suspend rights or privileges granted by the Government of Canada to the province under the Agreement or any federal law; andmodify or suspend the application of any federal law with respect to the province.Definition of “federal law”In this section, federal law means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.Order subject to Chapter 17For greater certainty, the making of an order under subsection (1) shall be in accordance with and subject to Chapter 17 of the Agreement, in particular,the requirements for standing set out in paragraph 1704(8) of the Agreement; andthe conditions and limitations set out in paragraphs 1710(3), (4) and (10) of the Agreement.
Committee on Internal Trade
Appointment of representativeThe Governor in Council may appoint a Minister to be a representative on the Committee on Internal Trade established pursuant to Article 1600 of the Agreement.
Annual budgetThe Government of Canada shall pay its portion of the annual budget of the Secretariat referred to in Article 1603 of the Agreement, in accordance with Annex 1603.3 of the Agreement.
Panels and Committees
Roster of panellistsThe Governor in Council may appoint any person to be on the roster of panellists required by Article 1705 of the Agreement.
Representatives on committeesThe Minister may appoint any person to be a representative of Canada on any committee referred to in the Agreement, other than the Committee on Internal Trade referred to in section 10.
Appointments
AppointmentsThe Governor in Council may, by order, appoint any person to fill any position that may be necessary or advisable, in the opinion of the Governor in Council, for carrying out the purposes of the Agreement.RemunerationA person appointed under subsection (1) may be paid such remuneration and expenses for their services as are fixed by the Governor in Council.
RELATED AND CONSEQUENTIAL AMENDMENTS
[Amendments]
COMING INTO FORCE
Coming into forceThis Act or any provision thereof, or any provision of any Act as enacted by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.[Note: Act, except sections 17, 18 and 19, in force July 15, 1996, see SI/96-65; section 19 in force January 1, 2000, see SI/99-97.]
AMENDMENTS NOT IN FORCE — 2012, c. 31, s. 299
The definition Agreement in section 2 of the Agreement on Internal Trade Implementation Act is replaced by the following:AgreementAccordAgreement means the Agreement on Internal Trade signed in 1994, as amended from time to time;
 — 2012, c. 31, s. 300
The Act is amended by adding the following after section 8:Orders Made Under Chapter 17 of Agreement
Orders of Federal CourtAn order to pay a monetary penalty or tariff costs made under Chapter 17 of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.ProcedureTo make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.
EnforcementAn order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.
Orders final and bindingAn order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.
 — 2012, c. 31, s. 301
The heading before section 9 of the English version of the Act is replaced by the following:Orders of Governor in Council
 — 2012, c. 31, s. 302
The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
OrdersFor the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, the Governor in Council may, by order, do any one or more of the following:
Paragraphs 9(3)(a) and (b) of the Act are replaced by the following:the requirements for standing set out in Article 1703(8) of the Agreement; andthe conditions and limitations set out in Articles 1709(3), (4) and (10) of the Agreement.
 — 2012, c. 31, s. 303
Section 12 of the Act is replaced by the following:
RostersThe Governor in Council may appoint any person who meets the requirements set out in Annex 1704(2) of the Agreement to be on the rosters referred to in Article 1704(2) of the Agreement.
 — 2012, c. 31, s. 304
Section 15 of the Act and the headings before it are replaced by the following:
ScreenerThe Governor in Council may, by order, appoint any person to be a screener for the purposes of Part B of Chapter 17 of the Agreement if the person meets the requirements set out in that Part.
RELATED AND CONSEQUENTIAL AMENDMENTS