North American Free Trade Agreement Implementation Act (S.C. 1993, c. 44)

Act current to 2013-05-26 and last amended on 2012-01-01. Previous Versions

North American Free Trade Agreement Implementation Act

S.C. 1993, c. 44

Assented to 1993-06-23

An Act to implement the North American Free Trade Agreement

Preamble

WHEREAS the Government of Canada, the Government of the United Mexican States and the Government of the United States of America have entered into the North American Free Trade Agreement having resolved to

strengthen the special bonds of friendship and cooperation among their nations,

contribute to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation,

create an expanded and secure market for the goods and services produced in their territories,

reduce distortions to trade,

establish clear and mutually advantageous rules governing their trade,

ensure a predictable commercial framework for business planning and investment,

build on their rights and obligations under the General Agreement on Tariffs and Trade and other multilateral and bilateral instruments of cooperation,

enhance the competitiveness of their firms in global markets,

foster creativity and innovation, and promote trade in goods and services that are the subject of intellectual property rights,

create new employment opportunities and improve working conditions and living standards in their respective territories,

undertake each of the preceding in a manner consistent with environmental protection and conservation,

preserve their flexibility to safeguard the public welfare,

promote sustainable development,

strengthen the development and enforcement of environmental laws and regulations, and

protect, enhance and enforce basic workers’ rights;

WHEREAS the Government of Canada has entered into the Agreement having further resolved to

strengthen Canada’s national identity while at the same time protecting vital national characteristics and qualities,

establish effective procedures for the review and resolution of disputes in antidumping and countervailing duty cases involving Canada and other NAFTA countries, and

strengthen the Canadian economy and Canada’s competitiveness as a trading nation;

WHEREAS the Agreement applies generally throughout Canada;

AND WHEREAS it is necessary, in order to give effect to the Agreement, to make related or consequential amendments to certain Acts;

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 North American Free Trade Agreement Implementation Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Agreement”

    « Accord »

    “Agreement” means the North American Free Trade Agreement 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 December 17, 1992, and includes any rectifications thereto made prior to its ratification by Canada;

    “federal law”

    « texte législatif fédéral »

    “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;

    “Free Trade Commission”

    « Commission du libre-échange »

    “Free Trade Commission” means the Free Trade Commission established under Article 2001 of the Agreement;

    “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 11;

    “NAFTA country”

    « pays ALÉNA »

    “NAFTA country” means a country that is a Party to the Agreement;

    “Secretariat”

    « Secrétariat »

    “Secretariat” means the Secretariat established pursuant to paragraph 1 of Article 2002 of the Agreement;

    “territory”

    « territoire »

    “territory”, with respect to a NAFTA country, has the meaning set out with respect to that country in Annex 201.1 of the Agreement.

  • Marginal note:Publication of Agreement and Tariff Schedules

    (2) The Agreement, including the Schedules of Canada, of Mexico and of the United States referred to in Annex 302.2 of the Agreement, shall be published in the Canada Treaty Series.