Agreement on Internal Trade Implementation Act (S.C. 1996, c. 17)

Act current to 2016-06-21 and last amended on 2013-06-07. Previous Versions

Agreement on Internal Trade Implementation Act

S.C. 1996, c. 17

Assented to 1996-06-20

An Act to implement the Agreement on Internal Trade

Preamble

WHEREAS 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

Marginal note:Short title

 This Act may be cited as the Agreement on Internal Trade Implementation Act.

Interpretation

Marginal note:Definitions

 In this Act,

Agreement

Accord

Agreement means the Agreement on Internal Trade signed in 1994, as amended from time to time; (Accord)

Minister

ministre

Minister, 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. (ministre)

  • 1996, c. 17, s. 2;
  • 2012, c. 31, s. 299.

Purpose

Marginal note:Purpose

 The purpose of this Act is to implement the Agreement.

Her Majesty

Marginal note:Binding on Her Majesty

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

General

Marginal note:Prohibition of private cause of action
  •  (1) 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 section 9 or 11, or an order made under section 9.

  • Marginal note:Where private cause of action under Agreement

    (2) Except 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.

Marginal note:For greater certainty

 For 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 Generally

Approval of Agreement

Marginal note:Agreement approved

 The Agreement is hereby approved.

Designation of Minister

Marginal note:Order designating Minister

 The 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 Made Under Chapter 17 of Agreement

Marginal note:Orders of Federal Court
  •  (1) An 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.

  • Marginal note:Procedure

    (2) To 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.

  • 2012, c. 31, s. 300.
Marginal note:Enforcement

 An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

  • 2012, c. 31, s. 300.
Marginal note:Orders final and binding

 An 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. 300.

Orders of Governor in Council

Marginal note:Orders
  •  (1) For 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:

    • (a) suspend rights or privileges granted by the Government of Canada to the province under the Agreement or any federal law; and

    • (b) modify or suspend the application of any federal law with respect to the province.

  • Definition of federal law

    (2) 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.

  • Marginal note:Order subject to Chapter 17

    (3) For 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,

    • (a) the requirements for standing set out in Article 1703(8) of the Agreement; and

    • (b) the conditions and limitations set out in Articles 1709(3), (4) and (10) of the Agreement.

  • 1996, c. 17, s. 9;
  • 2012, c. 31, s. 302.

Committee on Internal Trade

Marginal note:Appointment of representative

 The 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.

Marginal note:Annual budget

 The 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

Marginal note:Rosters

 The 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.

  • 1996, c. 17, s. 12;
  • 2012, c. 31, s. 303.
Marginal note:Representatives on committees

 The 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

Marginal note:Appointments
  •  (1) The 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.

  • Marginal note:Remuneration

    (2) A person appointed under subsection (1) may be paid such remuneration and expenses for their services as are fixed by the Governor in Council.

Marginal note:Screener

 The 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.

  • 1996, c. 17, s. 15;
  • 2012, c. 31, s. 304.

Related and Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * This 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.

  • Return to footnote *[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.]

 
Date modified: