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Canada–Costa Rica Free Trade Agreement Implementation Act (S.C. 2001, c. 28)

Assented to 2001-12-18

PART 1IMPLEMENTATION OF AGREEMENT GENERALLY

Orders and Regulations

PART IIRELATED AND CONSEQUENTIAL AMENDMENTS

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

Marginal note:1997, c. 14, s. 19(1)

  • 19. (1) The definition “textile and apparel goods” in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:

    “textile and apparel goods”

    « produits textiles et vêtements »

    “textile and apparel goods” means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA or in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, as the case may be;

  • Marginal note:1997, c. 14, s. 19(2)

    (2) Subsection 2(4) of the Act is replaced by the following:

    • Marginal note:Same meaning

      (4) In this Act,

    • Marginal note:Goods imported from a NAFTA country, Chile or Costa Rica

      (5) For the purposes of this Act, goods are imported from a NAFTA country, from Chile or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or from Costa Rica, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

20. The Act is amended by adding the following after section 19.012:

Definition of “principal cause”

  • 19.013 (1) In this section, “principal cause” means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

  • Marginal note:Emergency measures — Costa Rica

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Costa Rica Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • Marginal note:Terms of reference

    (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:Tabling of report

    (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

  • Marginal note:Notice of report

    (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Marginal note:1997, c. 14, s. 23

21. Section 21.1 of the Act is replaced by the following:

Definition of “complaint”

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07) or (1.08) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

22. Section 23 of the Act is amended by adding the following after subsection (1.06):

  • Marginal note:Filing of complaint — Costa Rica Tariff

    (1.07) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Costa Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

  • Marginal note:Filing of complaint — Costa Rica Tariff

    (1.08) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that fall under the scope of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement pursuant to a commitment made by Canada, under section 49.2 of the Customs Tariff, to the Costa Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.

Marginal note:1997, c. 14, s. 25

23. Paragraph 25(2)(c) of the Act is replaced by the following:

  • (c) in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

  • 24. (1) Paragraph 26(1)(a) of the Act is amended by striking out the word “or” at the end of subparagraph (i.6) and by adding the following after subparagraph (i.6):

    • (i.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

    • (i.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, or

  • Marginal note:1997, c. 14, s. 26(2)

    (2) Subsection 26(2.1) of the Act is replaced by the following:

    • Marginal note:Copies to Minister

      (2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).

  • 25. (1) Subsection 27(1) of the Act is amended by striking out the word “or” at the end of paragraph (a.6) and by adding the following after paragraph (a.6):

    • (a.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

    • (a.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods; or

  • (2) Section 27 of the Act is amended by adding the following after subsection (2.2):

    • Marginal note:Considerations

      (2.3) In making a determination under paragraph (1)(a.8), regard shall be had to paragraph 2 of section 4 of Annex III.1 of the CCRFTA.

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:1997, c. 14, s. 35(3)

  • 26. (1) The definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Customs Act are replaced by the following:

    “free trade agreement”

    « accord de libre-échange »

    “free trade agreement” means NAFTA, CCFTA, CCRFTA or CIFTA;

    “free trade partner”

    « partenaire de libre-échange »

    “free trade partner” means

    • (a) a NAFTA country,

    • (b) Chile,

    • (c) Costa Rica, or

    • (d) Israel or another CIFTA beneficiary;

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “CCRFTA”

    « ALÉCCR »

    “CCRFTA” has the same meaning as “Agreement” in subsection 2(1) of the Canada–Costa Rica Free Trade Agreement Implementation Act;

    “Costa Rica”

    « Costa Rica »

    “Costa Rica” has the same meaning as in subsection 2(1) of the Customs Tariff;

    “preferential tariff treatment under CCRFTA”

    « traitement tarifaire préférentiel de l’ALÉCCR »

    “preferential tariff treatment under CCRFTA” means, in respect of goods, entitlement to the Costa Rica Tariff rates of customs duty under the Customs Tariff;

  • Marginal note:1997, c. 14, s. 35(4)

    (3) Paragraph 2(1.2)(c) of the Act is replaced by the following:

    • (c) preferential tariff treatment under CCRFTA; or

    • (d) preferential tariff treatment under CIFTA.

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