Marginal note:Prohibition of private cause of action under Agreement

6. 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

• 7. (1) For greater certainty, nothing in this Act or the Agreement, except the Canadian Schedule to the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to 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:Agreement approved

8. The Agreement is hereby approved.

Marginal note:Order designating Minister

9. The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

Marginal note:Ministerial Conference

10. The Governor in Council may appoint any member of the Queen’s Privy Council for Canada to be the representative of Canada in respect of the Ministerial Conference established under Article IV of the Agreement.

Marginal note:Committees and bodies

11. The Minister may appoint any person to be the representative of Canada on any committee, council or body, other than the Ministerial Conference referred to in section 10, that is or may be established under the Agreement.

Marginal note:Payment of expenditures

12. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the World Trade Organization.

Marginal note:Orders re suspension of concessions

• 13. (1) The Governor in Council may, for the purpose of suspending in accordance with the Agreement the application to a WTO Member of concessions or obligations of equivalent effect pursuant to Article 22 of the Understanding on Rules and Procedures Governing the Settlement of Disputes set out in Annex 2 to the Agreement, by order, do any one or more of the following:

  • (a) suspend rights or privileges granted by Canada to that Member or to goods, service providers, suppliers, investors or investments of that Member under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law with respect to that Member or to goods, service providers, suppliers, investors or investments of that Member;

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

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

• Marginal note:Suspension of concessions to non-WTO Members

  (2) The Governor in Council may, with respect to a country that is not a WTO Member, 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 any federal law;

  • (b) modify or suspend the application of any federal law 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.

• Marginal note:Period of order

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

• Marginal note:Definition of “country”

  (4) In this section, “country” includes any state or separate customs territory that may, under the Agreement, become a WTO Member.