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

Act current to 2014-08-05 and last amended on 2013-06-26. Previous Versions

Marginal note:Interpretation consistent with Agreement

 For greater certainty, this Act, any provision of an Act of Parliament enacted by Part II and any other federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement shall be interpreted in a manner consistent with the Agreement.

PURPOSE

Marginal note:Purpose

 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its principles and rules, including national treatment, most-favoured-nation treatment and transparency, are to

  • (a) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the NAFTA countries;

  • (b) promote conditions of fair competition in the free-trade area established by the Agreement;

  • (c) increase substantially investment opportunities in the territories of the NAFTA countries;

  • (d) provide adequate and effective protection and enforcement of intellectual property rights in the territory of each NAFTA country;

  • (e) create effective procedures for the implementation and application of the Agreement, for its joint administration and for the resolution of disputes; and

  • (f) establish a framework for further trilateral, regional and multilateral cooperation to expand and enhance the benefits of 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) No person has any 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 Part I or any order or regulation made under Part I.

  • Marginal note:Idem

    (2) Subject to Section B of Chapter Eleven of the Agreement, no person has any 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:Non-application of Agreement to water
  •  (1) For greater certainty, nothing in this Act or the Agreement, except Article 302 of the Agreement, applies to water.

  • Marginal note:Definition of “water”

    (2) In this section, “water” means natural surface and ground water in liquid, gaseous or solid state, but does not include water packaged as a beverage or in tanks.

Marginal note:Application of Interpretation Act

 Where the operation of a provision of an Act of Parliament is suspended pursuant to a provision of that Act enacted by Part II, section 43 of the Interpretation Act applies, with such modifications as the circumstances require, as if the suspended provision had been repealed.