Canada–Colombia Trade Agreement Implementation Act (S.C. 2010, c. 4)
Full Document:
Assented to 2010-06-29
18. The Act is amended by adding the following after section 20.04:
Definition of “principal cause”
20.05 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Determination in respect of Colombian goods
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Colombia that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Marginal note:Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Marginal note:Inquiry under section 30.07
(4) In an inquiry under section 30.07 into goods imported from Colombia conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Colombia are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Marginal note:2009, c. 16, s. 56(5)
19. 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), (1.061), (1.07), (1.08), (1.09), (1.091), (1.092) or (1.093) 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.
20. Section 23 of the Act is amended by adding the following after subsection (1.06):
Marginal note:Filing of complaint — Colombia Tariff
(1.061) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Colombia 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 production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
21. Paragraph 26(1)(a) of the Act is amended by adding the following after subparagraph (i.6):
(i.61) in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia 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 cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,
22. Subsection 27(1) of the Act is amended by adding the following after paragraph (a.6):
(a.61) in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
23. Subsection 5(4) of the Commercial Arbitration Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act.
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
24. Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following after section 3:
4. The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:2009, c. 16, s. 56(9)
25. (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, CEFTA, CIFTA, CPFTA or CCOFTA;
“free trade partner”
« partenaire de libre-échange »
“free trade partner” means
(a) a NAFTA country,
(b) Chile,
(c) Costa Rica,
(d) Israel or another CIFTA beneficiary,
(e) an EFTA state,
(f) Peru, or
(g) Colombia;
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“CCOFTA”
« ALÉCCO »
“CCOFTA” has the same meaning as “Agreement” in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act;
“Colombia”
« Colombie »
“Colombia” has the same meaning as in subsection 2(1) of the Customs Tariff;
“preferential tariff treatment under CCOFTA”
« traitement tarifaire préférentiel de l’ALÉCCO »
“preferential tariff treatment under CCOFTA” means, in respect of goods, entitlement to the Colombia Tariff rates of customs duty under the Customs Tariff;
(3) Subsection 2(1.2) of the Act is amended by adding the following after paragraph (b):
(b.1) preferential tariff treatment under CCOFTA;
Marginal note:2009, c. 16, s. 32
26. Section 42.4 of the Act and the heading before it are replaced by the following:
Denial or Withdrawal of Benefit of Preferential Tariff Treatment under NAFTA, CCFTA, CCRFTA, CPFTA or CCOFTA
Definition of “identical goods”
42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA, Article 423 of CPFTA or Article 423 of CCOFTA, as the case may be.
Marginal note:Denial or withdrawal of benefit — NAFTA country, Chile, Costa Rica, Peru or Colombia
(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to the prescribed conditions, deny or withdraw preferential tariff treatment under NAFTA, CCFTA, CCRFTA, CPFTA or CCOFTA in respect of goods for which that treatment is claimed if the exporter or producer of the goods has made false representations that identical goods exported or produced by that exporter or producer and for which that treatment was claimed were eligible for that treatment.
Marginal note:2009, c. 16, s. 56(11)
27. Paragraph 43.1(1)(b) of the Act is replaced by the following:
(b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica, from an EFTA state, from Peru or from Colombia, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA, in paragraph 1 of Article 419 of CPFTA or in paragraph 1 of Article 419 of CCOFTA, as the case may be; and
Marginal note:2009, c. 16, s. 56(12)
28. Paragraph 74(1)(c.11) of the Act is replaced by the following:
(c.11) the goods were imported from Costa Rica, from an EFTA state, from Israel or another CIFTA beneficiary, from Peru or from Colombia but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA, CPFTA or CCOFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);
29. Section 164 of the Act is amended by adding the following after subsection (1.2):
Marginal note:Regulations — CCOFTA
(1.21) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of Chapter Four of CCOFTA and any other matters that may be agreed on from time to time by the parties to CCOFTA.
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