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

Act current to 2016-08-01 and last amended on 2013-06-26. Previous Versions

Panels, Committees and Scientific Review Boards

Marginal note:Appointments to roster

 The Governor in Council may, in accordance with a consensus reached under Article 1124, 1414 or 2009 of the Agreement, appoint any person to be a member of the roster established under that Article.

Marginal note:Appointments to certain committees

 The Minister may appoint any person to be a representative of Canada on any committee referred to in Section A of Annex 2001.2 of the Agreement.

Marginal note:Costs of panels, committees and scientific review boards

 The Government of Canada shall, in accordance with Annex 2002.2 of the Agreement, pay the costs of or its appropriate share of the costs of

  • (a) the remuneration and expenses payable to panelists, members of committees, including persons appointed under section 18, and members of scientific review boards;

  • (b) the remuneration and expenses payable to assistants; and

  • (c) the general expenses incurred by panels, committees and scientific review boards.

Orders and Regulations

Marginal note:Regulations re Articles 312 and 313
  •  (1) The Governor in Council may, where the Governor in Council is of the opinion that, for the purpose of giving effect in a province to Articles 312 and 313 of the Agreement, regulations are necessary in relation to any matter dealt with by those Articles, make regulations for that purpose including, without limiting the generality of the foregoing, regulations requiring or prohibiting the doing of anything in relation to which a regulation may be made under this subsection and prescribing penalties for the contravention of any such regulation.

  • Marginal note:Applicability of regulations in respect of a province

    (2) A regulation made under subsection (1) shall not come into force in respect of a province if the Governor in Council is of the opinion that the province has, by or under provincial law, enacted provisions or is carrying on practices that are in conformity with the portion of Articles 312 and 313 of the Agreement in respect of which the regulation is made.

  • Marginal note:Consultation with provincial governments

    (3) The Minister shall consult with the government of a province prior to the making of a regulation under subsection (1) in respect of that province.

  • Marginal note:Expiration

    (4) A regulation made under subsection (1) or any provision thereof shall cease to be in force in respect of a province on a day or days to be fixed, in respect of that province, by order of the Governor in Council.

  • Marginal note:Binding on province

    (5) A regulation made under subsection (1) in respect of a province is binding on Her Majesty in right of that province.

Marginal note:Orders re Article 2019
  •  (1) The Governor in Council may, for the purpose of suspending in accordance with the Agreement the application to a NAFTA country of benefits of equivalent effect pursuant to Article 2019 of the Agreement, by order, do any one or more of the following:

    • (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Agreement or any federal law, except under Chapter Nineteen of the Agreement or under any provision of the Special Import Measures Act enacted by Part II;

    • (b) modify or suspend the application of any federal law, except any provision of the Special Import Measures Act enacted by Part II, with respect to that country or to goods, service providers, suppliers, investors or investments of that country;

    • (c) extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and

    • (d) take any other measure that the Governor in Council considers necessary for that purpose.

  • Marginal note:Period of order

    (2) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order.

PART IIRelated and Consequential Amendments

 [Amendments]

PART IIIComing into Force

Marginal note:Coming into force
  • Footnote * (1) Subject to this Act, this Act or any provision thereof, or any provision of any Act as enacted by this Act, shall come into force on a day or days to be fixed by order of the Governor in Council.

    • Return to footnote *[Note: Act, except section 177, in force January 1, 1994, see SI/94-1; section 177 repealed before coming into force, see 2008, c. 20, s. 3.]

  • Marginal note:Condition

    (2) No order shall be made under subsection (1) unless the Governor in Council is satisfied that the Government of the United Mexican States and the Government of the United States of America have taken satisfactory steps to implement the Agreement.

 
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