Canada–Colombia Trade Agreement Implementation Act (S.C. 2010, c. 4)
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Assented to 2010-06-29
PART 2RELATED AMENDMENTS
1997, c. 36Customs Tariff
Marginal note:2009, c. 16, s. 45(2)
38. Subsection 63(4.1) of the Act is replaced by the following:
Marginal note:Exception for goods imported from Peru or Colombia
(4.1) An order under subsection (1) may exclude goods of any kind imported from Peru or Colombia 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.
39. The Act is amended by adding the following after section 71:
Bilateral Emergency Measures — Colombia
Marginal note:Order by Governor in Council
71.01 (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 19.0121(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.061) of that Act, that 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 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 49.01; 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 Colombia 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 once in respect of goods of any particular kind;
(b) may only remain in effect for the period, not exceeding three years, that is specified in the order; and
(c) may only be made during the period beginning on the day on which this subsection comes into force and ending
(i) if the order is in respect of goods for which the Colombia Tariff rate of customs duty is reduced to the final rate of “Free” over a period of less than 10 years, on the day that is 10 years after the day on which this subsection comes into force, and
(ii) if the order is in respect of goods for which the Colombia Tariff rate of customs duty is reduced to the final rate of “Free” over a period of 10 years or more, on the day after the expiry of the tariff staging period in respect of those goods.
Marginal note:Rate of duty when order ceases to have effect
(3) 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 49.01.
Definition of “principal cause”
(4) 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:2009, c. 16, s. 47 and subpar. 56(16)(b)(ii)
40. 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), 71.01(1), 71.1(2), 71.5(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:2009, c. 16, s. 56(17)
41. Paragraphs 133(j) and (j.1) of the Act are replaced by the following:
(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration may be imported;
(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration may be imported;
42. (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 “COLT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “COLT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “COLT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “COLT”, for all tariff items except those set out in each of Schedules 1 and 2 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 “COLT” for tariff items set out in Schedule 1 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “COLT”, for each tariff item set out in Schedule 2 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, Costa Rica or Peru” with a reference to “imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”.
(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, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia 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, Costa Rica or Peru” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”; and
(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican or Peruvian currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian 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, Israel or another CIFTA beneficiary or Peru for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration”.
2005, c. 34Department of Human Resources and Skills Development Act
43. The schedule to the Department of Human Resources and Skills Development Act is amended by adding the following after section 1:
2. 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. E-19Export and Import Permits Act
44. Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:
“Colombia”
« Colombie »
“Colombia” has the same meaning as in subsection 2(1) of the Customs Tariff;
Marginal note:2009, c. 16, s. 53
45. The definition “principal cause” in subsection 4.2(1) of the Act is replaced by the following:
“principal cause”
« cause principale »
“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause;
Marginal note:2009, c. 16, s. 54
46. Subsection 5(3.4) of the Act is replaced by the following:
Marginal note:Exception for goods imported from Peru or Colombia
(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru or Colombia 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.
R.S., c. F-11Financial Administration Act
47. The Financial Administration Act is amended by adding the following after section 89.4:
Implementation of Canada–Colombia Free Trade Agreement
Marginal note:Directive
89.41 (1) Notwithstanding subsections 85(1) to (1.2), 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–Colombia 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 any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Colombia Free Trade Agreement that pertains to that corporation.
Definition of “Canada–Colombia Free Trade Agreement”
(3) In subsections (1) and (2), “Canada–Colombia Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act.
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