Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)
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Assented to 2009-06-18
43. Section 54 of the Act is amended by adding the following in alphabetical order:
“principal cause”
« cause principale »
“principal cause”, in respect of goods imported from Peru, means an important cause that is no less important than any other cause.
44. The Act is amended by adding the following after section 59:
Marginal note:Peru emergency measures
59.1 An order made under subsection 55(1) may exclude goods of any kind imported from Peru if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
45. (1) The portion of subsection 63(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Extension order
63. (1) Subject to subsections (4) and (4.1), if, at any time before the expiry of an order with respect to any goods made under this subsection, subsection 55(1) or section 60 or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that
(2) Section 63 of the Act is amended by adding the following after subsection (4):
Marginal note:Exception for goods imported from Peru
(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
46. The Act is amended by adding the following after section 71.1:
Bilateral Emergency Measures — Peru
Marginal note:Order by Governor in Council
71.2 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.014(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.09) of that Act, that goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order
(a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 49.5; and
(b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Peru Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of
(i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and
(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on January 1, 2007.
Marginal note:Terms and conditions
(2) An order under subsection (1)
(a) may not be made more than twice during the period beginning on the day on which this subsection comes into force and ending on the day that is seven years after the day on which this subsection comes into force in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and
(b) may not be made after the day that is seven years after the day on which this subsection comes into force.
Marginal note:Application of measures a second time
(3) A measure referred to in an order made under subsection (1) may be applied a second time if the period that has elapsed since the initial application of the measure ended is equal to at least one half of the initial period of application.
Marginal note:Rate of duty when order ceases to have effect
(4) If an order made under subsection (1) ceases to have effect in a particular calendar year, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with section 49.5.
Definition of “principal cause”
(5) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.
Marginal note:2001, c. 28, s. 40
47. Section 79 of the Act is replaced by the following:
Marginal note:Goods in transit
79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.1(2), 71.2(1), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.
Marginal note:2001, c. 28, s. 45
48. Paragraph 133(j) of the Act is replaced by the following:
(j) for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration may be imported;
49. (1) The List of Tariff Provisions set out in the schedule to the Act is amended by
(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “PT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “PT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “PT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “PT”, for all tariff items except tariff items under subheading 3504.00 and those set out in each of Schedules 2 to 4 to this Act;
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “PT” for tariff items under subheading 3504.00 and those set out in Schedule 2 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “PT”, for each tariff item set out in Schedule 3 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico, Chile or Costa Rica” with a reference to “imported from the United States, Mexico, Chile, Costa Rica or Peru”.
(3) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration in that country.”.
(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by
(a) replacing the reference to “Commercial samples imported from the United States, Mexico, Chile or Costa Rica” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica or Peru”; and
(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican or Costa Rican currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican or Peruvian currency”.
(5) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, or Israel or another CIFTA beneficiary for repair or alteration in that country” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration”.
(6) Tariff item Nos. 1701.91.00, 1701.99.00, 1702.90.20, 1702.90.30 and 1702.90.60 in the List of Tariff Provisions set out in the schedule to the Act are repealed.
(7) The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Schedule 4 to this Act.
(8) The List of Intermediate and Final Rates for Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by deleting tariff item Nos. 1701.91.00, 1701.99.00, 1702.90.20, 1702.90.30 and 1702.90.60.
2005, c. 34Department of Human Resources and Skills Development Act
50. The Department of Human Resources and Skills Development Act is amended by adding the following after section 19:
Marginal note:Crediting to Labour Cooperation Treaties Account
19.1 (1) All moneys received by Her Majesty as a result of a monetary assessment by a panel determination under any treaty respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.
Marginal note:Additional credits to the Account
(2) If an amount is assessed against Canada by a panel determination under a treaty respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.
Marginal note:Interest
(3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.
Marginal note:Payment of moneys
(4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.
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