Members of Panels (NAFTA) Regulations (SOR/94-117)

Regulations are current to 2017-11-06

Members of Panels (NAFTA) Regulations

SOR/94-117

SPECIAL IMPORT MEASURES ACT

Registration 1994-01-19

Regulations Naming Persons to a Roster of Candidates for Selection to, and Providing for the Appointment of Members of, Panels under Chapter Nineteen of the North American Free Trade Agreement

P.C. 1994-92  1994-01-19

His Excellency the Governor General in Council, on the recommendation of the Minister for International Trade and the Minister of Finance, pursuant to subsection 77.013(1)Footnote * and paragraph 77.035(c)Footnote * of the Special Import Measures Act, is pleased hereby to revoke the Members of Panels (NAFTA) Regulations, made by Order in Council P.C. 1994-90 of January 14, 1994Footnote **, and to make the annexed Regulations naming persons to a roster of candidates for selection to, and providing for the appointment of members of, panels under Chapter Nineteen of the North American Free Trade Agreement, in substitution therefor.

Short Title

 These Regulations may be cited as the Members of Panels (NAFTA) Regulations.

Interpretation

 In these Regulations, panel roster means the roster established pursuant to paragraph 1 of Annex 1901.2 to Chapter Nineteen of the North American Free Trade Agreement. (liste des candidats)

Panel Roster

 For the purposes of paragraph 1 of Annex 1901.2 to Chapter Nineteen of the North American Free Trade Agreement, the persons listed in Schedule I are named to the panel roster, to serve as candidates for selection to panels, during good behaviour, for a period of two years, beginning on the date of coming into force of these Regulations.

  • SOR/95-291, s. 1.

 In addition to the persons referred to in section 3, for the purposes of carrying out and giving effect to paragraph 1 of Annex 1901.2 to Chapter Nineteen of the North American Free Trade Agreement, the persons listed in Schedule II are named to the panel roster to serve as candidates for appointment to panels, during good behaviour, for a period of two years beginning on the date of coming into force of this section.

  • SOR/95-291, s. 2.

Appointment of Members of Panels

  •  (1) Subject to subsection (2), where, under paragraph 2 of Annex 1901.2 to Chapter Nineteen of the North American Free Trade Agreement, a person is to be appointed by Canada to serve as a member of a panel, or where, under paragraph 3 of that Annex, it is decided by lot that Canada shall select a person to serve as a fifth member of a panel, the person shall be selected from the panel roster by a board that

    • (a) is chaired by the Minister; and

    • (b) includes the Minister of Finance and such other ministers of the Queen’s Privy Council for Canada as may from time to time be designated by the Prime Minister for that purpose.

  • (2) Where, under paragraph 2 of Annex 1901.2 to Chapter Nineteen of the North American Free Trade Agreement, a person is to be appointed by Canada to serve as a member of a panel, the board referred to in subsection (1) may select a person who is not named to the panel roster if the person meets the criteria set out in paragraph 1 of that Annex.

 Where a person has been selected for appointment to a panel in accordance with section 4, the Minister shall appoint the person to serve as a member of that panel.

 
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