Canada–Costa Rica Free Trade Agreement Implementation Act (S.C. 2001, c. 28)
Full Document:
Assented to 2001-12-18
Marginal note:1997, c. 14, s. 77
50. Section 9.1 of the Act is replaced by the following:
Marginal note:Minister may issue certificate
9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a NAFTA country respecting the administration of Appendix 6 to Annex 300-B of NAFTA, with Chile respecting the administration of Appendix 5.1 to Annex C-00-B of CCFTA or with Costa Rica respecting the administration of Appendix III.1.6.1 to Annex III.1 of CCRFTA, issue a certificate with respect to an exportation of goods to the NAFTA country, to Chile or to Costa Rica, as the case may be, stating the specific quantity of those goods that
(a) in the case of an exportation of goods to the NAFTA country, on importation into the NAFTA country is eligible for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 to Annex 300-B of NAFTA;
(b) in the case of an exportation of goods to Chile, on importation into Chile is eligible for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 to Annex C-00-B of CCFTA; and
(c) in the case of an exportation of goods to Costa Rica, on importation into Costa Rica is eligible for the rate of duty provided for in the Schedules to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 to Annex III.1 of CCRFTA.
R.S., c. F-11Financial Administration Act
51. The Financial Administration Act is amended by adding the following after section 89.4:
Implementation of Canada–Costa Rica Free Trade Agreement
Marginal note:Directive
89.5 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Costa Rica Free Trade Agreement that pertains to that Crown corporation.
Marginal note:Regulations
(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Costa Rica Free Trade Agreement that pertains to that corporation.
Definition of “Canada–Costa Rica Free Trade Agreement”
(3) In subsections (1) and (2), “Canada–Costa Rica Free Trade Agreement” has the meaning given to the word “Agreement” by subsection 2(1) of the Canada–Costa Rica Free Trade Agreement Implementation Act.
R.S., c. I-3Importation of Intoxicating Liquors Act
52. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
“Costa Rica”
« Costa Rica »
“Costa Rica” has the same meaning as in subsection 2(1) of the Customs Tariff;
53. (1) Subsection 3(2) of the Act is amended by adding the following after paragraph (b.02):
(b.03) the importation of distilled spirits in bulk into a province from Costa Rica for the purpose of bottling by any person duly licensed by the Government of Canada to carry on the business or trade of a distiller, where the distilled spirits
(i) are entitled to the benefit of the Costa Rica Tariff referred to in section 49.1 of the Customs Tariff, and
(ii) while kept by the distiller, are kept by the distiller in a place or warehouse that conforms in all respects to the requirements of the law governing such places or warehouses;
Marginal note:1997, c. 14, s. 81(2)
(2) Subsection 3(3) of the Act is replaced by the following:
Marginal note:Regulations
(3) The Governor in Council may, for the purposes of paragraph (2)(b.01), (b.02), (b.03) or (b.1), make regulations defining the expressions “distilled spirits”, “in bulk” and “bottling”.
R.S., c. N-7National Energy Board Act
Marginal note:1997, c. 14, s. 82
54. Paragraph 119.01(2)(b) of the National Energy Board Act is replaced by the following:
(b) exempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, to Chile or to Costa Rica, or any quality, kind or class of that oil or gas or type of service in relation thereto, from the application of regulations made under paragraph (a).
55. Section 120 of the Act is amended by adding the following in alphabetical order:
“CCRFTA”
« ALÉCCR »
“CCRFTA” has the same meaning as “Agreement” in the Canada–Costa Rica Free Trade Agreement Implementation Act.
Marginal note:1997, c. 14, s. 84
56. Subsections 120.1(1) and (2) of the Act are replaced by the following:
Marginal note:Giving effect to NAFTA, CCFTA and CCRFTA
120.1 (1) In exercising its powers and performing its duties, the Board shall give effect to NAFTA, CCFTA and CCRFTA.
Marginal note:Orders
(2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Board or on the Governor in Council’s own motion, make orders of general application respecting the manner in which the Board shall perform the duty imposed on it by subsection (1) or the interpretation to be given to NAFTA, CCFTA or CCRFTA by the Board for the purposes of this Act.
Marginal note:1997, c. 14, s. 85
57. Sections 120.2 and 120.3 of the Act are replaced by the following:
Marginal note:Declaration of Governor in Council
120.2 The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article 605 of NAFTA, Article C-13 of CCFTA or Article III.11 of CCRFTA, as the case may be.
Marginal note:Board may request declaration
120.3 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Board considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply as a consequence of the restriction, the Board may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 120.2 in respect of the relevant energy goods, suspend the determination until not later than one hundred and twenty days after the request is made.
Marginal note:1997, c. 14, s. 86
58. Subsections 120.4(1) and (2) of the Act are replaced by the following:
Marginal note:Exportation to United States, Chile or Costa Rica
120.4 (1) The Board may neither refuse to issue a licence or permit or make an order nor revoke, suspend or vary a licence, permit or order for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply.
Marginal note:Effect of orders
(2) Subsection (1) does not apply in respect of the exportation to the United States, Chile or Costa Rica of such energy goods as are, or of such quality, kind or class of energy goods as is, referred to in an order made under section 120.2 during the time that the order is in force.
Marginal note:1997, c. 14, s. 87
59. The portion of section 120.5 of the Act before paragraph (a) is replaced by the following:
Marginal note:Where no declaration made
120.5 The Board may, despite its not being satisfied in accordance with paragraph 118(a), issue a licence for the exportation to the United States, Chile or Costa Rica of such energy goods as were, or of such quality, kind or class of energy goods as was, referred to in a request made under section 120.3 if
PART 3COMING INTO FORCE
Marginal note:Coming into force
60. (1) Subject to subsection (2), the provisions of this Act, or any provisions of an Act as enacted or amended by this Act, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Condition
(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the Republic of Costa Rica has taken satisfactory steps to implement the Agreement.
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