Canada–Jordan Economic Growth and Prosperity Act (S.C. 2012, c. 18)
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Assented to 2012-06-29
Canada–Jordan Economic Growth and Prosperity Act
S.C. 2012, c. 18
Assented to 2012-06-29
An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan
SUMMARY
This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Hashemite Kingdom of Jordan and signed at Amman on June 28, 2009.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Canada–Jordan Economic Growth and Prosperity Act.
INTERPRETATION
Marginal note:Definitions
2. The definitions in this section apply in this Act.
“Agreement”
« Accord »
“Agreement” means the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.
“federal law”
« texte législatif fédéral »
“federal law” means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.
“Joint Commission”
« Commission mixte »
“Joint Commission” means the Joint Commission established under Article 13-1 of the Agreement.
“Minister”
« ministre »
“Minister” means the Minister for International Trade.
“related agreement”
« accord connexe »
“related agreement” means
(a) the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009; or
(b) the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.
Marginal note:Interpretation consistent with agreements
3. For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.
Marginal note:Non-application of Act or Agreement to water
4. For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
Marginal note:Construction
5. For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.
HER MAJESTY
Marginal note:Binding on Her Majesty
6. This Act is binding on Her Majesty in right of Canada.
PURPOSE
Marginal note:Purpose
7. The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their provisions, are to
(a) establish a free trade area in accordance with the Agreement;
(b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the Hashemite Kingdom of Jordan in order to foster, in both countries, the advancement of economic activity;
(c) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade;
(d) enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters;
(e) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and the Hashemite Kingdom of Jordan on labour matters; and
(f) promote sustainable development.
CAUSES OF ACTION
Marginal note:Causes of action under Part 1
8. (1) No person has any cause of action and no proceedings of any kind shall be taken without the consent of the Attorney General of Canada to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of Part 1 or an order made under that Part.
Marginal note:Causes of action under the Agreement or a related agreement
(2) Subject to Part Three and Annex 4 of the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, no person has any cause of action and no proceedings of any kind shall be taken without the consent of the Attorney General of Canada to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement or a related agreement.
PART 1IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS
Approval
Marginal note:Agreements approved
9. The Agreement and the related agreements are approved.
Administrative and Institutional Provisions
Marginal note:Canadian representative on Joint Commission
10. The Minister is the principal representative of Canada on the Joint Commission.
Marginal note:Payment of expenditures
11. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Commission.
Panels, Committees, Subcommittees, Working Groups and Expert Groups
Marginal note:Powers of Minister
12. (1) The Minister may
(a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 13-1 of the Agreement;
(b) appoint a panelist in accordance with Article 14-8 of the Agreement; and
(c) propose candidates to serve as the chair of a panel in accordance with that Article 14-8.
Marginal note:Powers of Minister of the Environment
(2) The Minister of the Environment may
(a) appoint representatives of Canada to the committee referred to in Article 15 of the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009;
(b) appoint a panelist in accordance with Annex I to that Agreement; and
(c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that Annex.
Marginal note:Powers of the Minister of Labour
(3) The Minister of Labour may
(a) appoint representatives of Canada to any committee, working group or expert group referred to in Article 7 of the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009;
(b) appoint a panelist in accordance with Annex 3 to that Agreement; and
(c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that Annex.
Marginal note:Administrative support
13. The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 14 of the Agreement and to provide administrative assistance to panels established under that Chapter.
Marginal note:Payment of costs
14. The Government of Canada shall, under the Agreement and the related agreements, pay the costs or its appropriate share of the costs of
(a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups and expert groups, to independent experts and to the assistants of panel members; and
(b) the general expenses incurred by panels, committees, subcommittees, working groups and expert groups.
Orders
Marginal note:Orders re Article 14-13
15. (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 14-13 of the Agreement, by order, do any one or more of the following:
(a) suspend rights or privileges granted by Canada to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan under the Agreement or any federal law;
(b) modify or suspend the application of any federal law with respect to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan;
(c) extend the application of any federal law to the Hashemite Kingdom of Jordan or to goods of the Hashemite Kingdom of Jordan; and
(d) take any other measure that the Governor in Council considers necessary.
Marginal note:Period of order
(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
PART 2RELATED AMENDMENTS
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
Marginal note:2010, c. 4, s. 16(2)
16. Subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:
Definition of “Jordan Tariff”
(4.3) In this Act, “Jordan Tariff” means the rates of customs duty referred to in section 52.4 of the Customs Tariff.
Marginal note:Goods imported from certain countries
(5) For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff:
- a NAFTA country
- an EFTA state
- Chile
- Colombia
- Costa Rica
- Jordan
- Peru
17. The Act is amended by adding the following after section 19.017:
Definition of “principal cause”
19.018 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Emergency measures — Jordan
(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 Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, 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 15 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:2010, c. 4, s. 19
18. 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 any of subsections 23(1) to (1.094) 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.
19. Section 23 of the Act is amended by adding the following after subsection (1.093):
Marginal note:Filing of complaint — Jordan Tariff
(1.094) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Jordan 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 and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
20. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.93) and by adding the following after that subparagraph:
(i.94) in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or
21. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.93) and by adding the following after that paragraph:
(a.94) in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:2009, c. 16, s. 25(3)
22. Paragraphs (a) to (d) of the definition “appropriate party” in section 20.1 of the Crown Liability and Proceedings Act are replaced by the following:
(a) the Commission for Environmental Cooperation established under Article 8 of the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement,
(b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement,
(c) the Commission for Labor Cooperation established under Article 8 of the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement,
(d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement, or
Marginal note:2009, c. 16, s. 30; 2010, c. 4, s. 24
23. The schedule to the Act is replaced by the schedule set out in Schedule 1 to this Act.
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:1997, c. 36, s. 147(1); 2001, c. 28, s. 26(2); 2009, c. 6, s. 23(2), c. 16, s. 31(2); 2010, c. 4, s. 25(2)
24. (1) The definitions “preferential tariff treatment under CCFTA”, “preferential tariff treatment under CCOFTA”, “preferential tariff treatment under CCRFTA”, “preferential tariff treatment under CEFTA”, “preferential tariff treatment under CIFTA”, “preferential tariff treatment under CPFTA” and “preferential tariff treatment under NAFTA” in subsection 2(1) of the Customs Act are repealed.
Marginal note:2010, c. 4, s. 25(1)
(2) The definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Act are replaced by the following:
“free trade agreement”
« accord de libre-échange »
“free trade agreement” means an agreement set out in column 2 of Part 1 of the schedule;
“free trade partner”
« partenaire de libre-échange »
“free trade partner” means a country or territory set out in column 1 of Part 1 of the schedule;
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“CJFTA”
« ALÉCJ »
“CJFTA” has the same meaning as “Agreement” in section 2 of the Canada–Jordan Economic Growth and Prosperity Act;
“Jordan”
« Jordanie »
“Jordan” has the same meaning as in subsection 2(1) of the Customs Tariff;
“preferential tariff treatment”
« traitement tarifaire préférentiel »
“preferential tariff treatment” means, in respect of goods, entitlement to whichever tariff set out in column 3 of Part 1 of the schedule is applicable in the circumstances;
Marginal note:1997, c. 14, s. 35(4); 2001, c. 28, s. 26(3); 2009, c. 6, s. 23(3), c. 16, s. 31(3) and par. 56(10)(a); 2010, c. 4, s. 25(3)
(4) Subsection 2(1.2) of the Act is repealed.
Marginal note:1988, c. 65, s. 69
25. Paragraph 35.1(4)(c) of the French version of the Act is replaced by the following:
c) exempter des personnes ou des marchandises, individuellement ou par catégorie, de l’application du paragraphe (1), sous réserve des éventuelles conditions prévues par le règlement.
Marginal note:1997, c. 36, s. 162
26. Subsection 42.2(1) of the French version of the Act is replaced by the following:
Marginal note:Déclaration de l’origine
42.2 (1) Dès l’achèvement de la vérification de l’origine en application de l’alinéa 42.1(1)a), l’agent désigné, en application du paragraphe 42.1(1), fournit à l’exportateur ou au producteur des marchandises en cause une déclaration établissant si celles-ci sont admissibles, au titre du Tarif des douanes, au traitement tarifaire préférentiel demandé.
Marginal note:2010, c. 4, s. 26
27. 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 Certain Free Trade Agreements
Definition of “identical goods”
42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by the provision, set out in column 2 of Part 2 of the schedule, of an agreement set out in column 1.
Marginal note:Denial or withdrawal of benefit — specified countries
(2) Notwithstanding section 24 of the Customs Tariff, the Minister may, subject to any prescribed conditions, deny or withdraw preferential tariff treatment under an agreement set out in column 1 of Part 2 of the schedule 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:2010, c. 4, s. 27
28. Paragraph 43.1(1)(b) of the Act is replaced by the following:
(b) in the case of goods exported from a country or territory set out in column 1 of Part 3 of the schedule, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in the provision set out in column 2; and
Marginal note:2010, c. 4, s. 28
29. Paragraph 74(1)(c.11) of the Act is replaced by the following:
(c.11) the goods were imported from Israel or another CIFTA beneficiary or from a country or territory set out in column 1 of Part 4 of the schedule but no claim for preferential tariff treatment under CIFTA or an agreement set out in column 2, 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);
Marginal note:1993, c. 44, s. 108(1); 1997, c. 14, s. 47(1); 2001, c. 28, s. 30; 2009, c. 6, s. 29, c. 16, ss. 35 and 56(13); 2010, c. 4, s. 29
30. Subsections 164(1.1) to (1.5) of the Act are replaced by the following:
Marginal note:Regulations
(1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a chapter or provision, set out in column 2 of Part 5 of the schedule, of an agreement set out in column 1 and any other matters that may be agreed on from time to time by the parties to that agreement.
31. Schedules I to IV to the Act are replaced by the schedule set out in Schedule 2 to this Act.
1997, c. 36Customs Tariff
32. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:
“Canada–Jordan Free Trade Agreement”
« Accord de libre-échange Canada-Jordanie »
“Canada–Jordan Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Jordan Economic Growth and Prosperity Act.
“Jordan”
« Jordanie »
“Jordan” means the land territory, the air space and the internal waters and territorial sea over which the Hashemite Kingdom of Jordan exercises sovereignty.
Marginal note:2010, c. 4, s. 31
33. Section 5 of the Act is replaced by the following:
Marginal note:Goods imported from certain countries
5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:
- a NAFTA country
- Chile
- Colombia
- Costa Rica
- Iceland
- Jordan
- Liechtenstein
- Norway
- Peru
- Switzerland
Marginal note:2010, c. 4, s. 32
34. Paragraph 14(2)(c) of the Act is replaced by the following:
(c) by way of compensation for any action taken under any of the following provisions:
(i) subsection 55(1),
(ii) section 60,
(iii) subsection 63(1),
(iv) subsection 69(2),
(v) subsection 70(2),
(vi) subsection 71(2),
(vii) subsection 71.01(1),
(viii) subsection 71.1(2),
(ix) subsection 71.5(1),
(x) subsection 71.6(1),
(xi) subsection 72(1),
(xii) subsection 75(1),
(xiii) subsection 76(1),
(xiv) subsection 76.1(1),
(xv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
Marginal note:2010, c. 4, s. 34
35. Section 27 of the Act is replaced by the following:
Marginal note:Abbreviations
27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.
“AUT”
« TAU »
“AUT” refers to the Australia Tariff.
“CCCT”
« TPAC »
“CCCT” refers to the Commonwealth Caribbean Countries Tariff.
“CIAT”
« TACI »
“CIAT” refers to the Canada–Israel Agreement Tariff.
“COLT”
« TCOL »
“COLT” refers to the Colombia Tariff.
“CRT”
« TCR »
“CRT” refers to the Costa Rica Tariff.
“CT”
« TC »
“CT” refers to the Chile Tariff.
“GPT”
« TPG »
“GPT” refers to the General Preferential Tariff.
“IT”
« TI »
“IT” refers to the Iceland Tariff.
“JT”
« TJ »
“JT” refers to the Jordan Tariff.
“LDCT”
« TPMD »
“LDCT” refers to the Least Developed Country Tariff.
“MT”
« TM »
“MT” refers to the Mexico Tariff.
“MUST”
« TMÉU »
“MUST” refers to the Mexico–United States Tariff.
“NT”
« TN »
“NT” refers to the Norway Tariff.
“NZT”
« TNZ »
“NZT” refers to the New Zealand Tariff.
“PT”
« TP »
“PT” refers to the Peru Tariff.
“SLT”
« TSL »
“SLT” refers to the Switzerland–Liechtenstein Tariff.
“UST”
« TÉU »
“UST” refers to the United States Tariff.
36. The Act is amended by adding the following after section 52.3:
Jordan Tariff
Marginal note:Application of JT
52.4 (1) Subject to section 24, goods that originate in Jordan are entitled to the Jordan Tariff rates of customs duty.
Marginal note:“A” final rate
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “JT” in relation to goods entitled to the Jordan Tariff, the Jordan Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
Marginal note:“F” staging for JT
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “JT” in relation to goods entitled to the Jordan Tariff, the Jordan Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.
Marginal note:Rounding of specific rates
(4) If a reduction under subsection (3) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.
Marginal note:Rounding of amounts
(5) If a reduction under subsection (3) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.
Marginal note:Elimination of rates of less than two per cent
(6) If a reduction under subsection (3) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.
37. The Act is amended by adding the following after section 71.5:
Bilateral Emergency Measures — Jordan
Marginal note:Order by Governor in Council
71.6 (1) Subject to subsections (2) and (3), 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 19.018(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.094) of that Act, that goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone 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 52.4;
(b) in respect of goods on which a customs duty is imposed on a seasonal basis, 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 set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection; and
(c) in respect of goods other than goods referred to in paragraph (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 Jordan 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 immediately before the coming into force of this subsection, and
(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods at the time the order is made.
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 coming into force of this subsection and ending on the date that is 10 years after the coming into force of this subsection 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 be made after the date that is 10 years after the coming into force of this subsection only if it is based on an agreement between the Government of Canada and the Government of Jordan relating to the application of subsection (1).
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 two years.
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 52.4.
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:Reference to customs duty in effect
(6) For the purposes of paragraph (1)(b), the Most-Favoured Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is,
(a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and
(b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 4(b) in Chapter 8 of the List of Tariff Provisions.
Marginal note:2010, c. 4, s. 40
38. Section 79 of the Act is replaced by the following:
Marginal note:Goods in transit
79. An order made under any of the following provisions 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:
(a) subsection 53(2);
(b) subsection 55(1);
(c) section 60;
(d) subsection 63(1);
(e) subsection 69(2);
(f) subsection 70(2);
(g) subsection 71.01(1);
(h) subsection 71.1(2);
(i) subsection 71.5(1);
(j) subsection 71.6(1);
(k) subsection 72(1);
(l) subsection 75(1);
(m) subsection 76(1);
(n) subsection 76.1(1).
Marginal note:2010, c. 4, s. 41
39. 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 one of the following countries for repair or alteration may be imported:
- a NAFTA country
- Chile
- Colombia
- Costa Rica
- Iceland
- Israel or another CIFTA beneficiary
- Jordan
- Liechtenstein
- Norway
- Peru
- Switzerland
(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported:
- a NAFTA country
- Chile
- Colombia
- Costa Rica
- Israel or another CIFTA beneficiary
- Jordan
- Peru
40. (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 “PT”, a reference to “JT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “JT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “JT”, for all tariff items except those tariff items set out in Schedule 3 to this Act; and
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final rate” a reference to “N/A” after the abbreviation “JT” for the tariff items set out in Schedule 3 to this Act.
(2) 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
(a) 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 one of the countries listed below for repair or alteration in that country.”; and
(b) adding the following before Note 1:
- Countries:
- Chile
- Colombia
- Costa Rica
- Iceland
- Israel or another CIFTA beneficiary
- Jordan
- Liechtenstein
- Mexico
- Norway
- Peru
- Switzerland
- United States
(3) 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 replaced by the following:
Goods, regardless of the country of origin or tariff treatment, other than the goods of tariff item No. 9971.00.00, returned to Canada after having been exported to one of the countries listed below for repair or alteration in that country.
- Countries:
- Chile
- Colombia
- Costa Rica
- Israel or another CIFTA beneficiary
- Jordan
- Mexico
- Peru
- United States
2005, c. 34Department of Human Resources and Skills Development Act
Marginal note:2009, c. 16, s. 51; 2010, c. 4, s. 43
41. The schedule to the Department of Human Resources and Skills Development Act is replaced by the schedule set out in Schedule 4 to this Act.
R.S., c. F-11Financial Administration Act
42. The Financial Administration Act is amended by adding the following after section 89.6:
Implementation of Other Free Trade Agreements
Marginal note:Directive
89.7 (1) Despite 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 a free trade agreement set out in Schedule VII 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 a free trade agreement set out in Schedule VII that pertains to that corporation.
43. The Act is amended by adding, after Schedule VI, the Schedule VII set out in Schedule 5 to this Act.
PART 3COORDINATING AMENDMENTS AND COMING INTO FORCE
Coordinating Amendments
Marginal note:Bill C-13
44. (1) Subsections (2) to (20) apply if Bill C-13, introduced in the 1st session of the 41st Parliament and entitled the Keeping Canada’s Economy and Jobs Growing Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 33 of this Act comes into force before section 111 of the other Act, then that section 111 is deemed never to have come into force and is repealed.
(3) If section 111 of the other Act comes into force on the same day as section 33 of this Act, then that section 111 is deemed to have come into force before that section 33.
(4) On the first day on which both subsection 113(2) of the other Act and section 34 of this Act are in force, paragraph 14(2)(c) of the Customs Tariff is replaced by the following:
(c) by way of compensation for any action taken under any of the following provisions:
(i) subsection 55(1),
(ii) section 60,
(iii) subsection 63(1),
(iv) subsection 69(2),
(v) subsection 70(2),
(vi) subsection 71(2),
(vii) subsection 71.01(1),
(viii) subsection 71.1(2),
(ix) subsection 71.5(1),
(x) subsection 71.6(1),
(xi) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
(5) On the first day on which both section 116 of the other Act and section 35 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:
Marginal note:Abbreviations
27. The following abbreviations, as defined below, apply in the schedule.
“AUT”
« TAU »
“AUT” refers to the Australia Tariff.
“CCCT”
« TPAC »
“CCCT” refers to the Commonwealth Caribbean Countries Tariff.
“CIAT”
« TACI »
“CIAT” refers to the Canada–Israel Agreement Tariff.
“COLT”
« TCOL »
“COLT” refers to the Colombia Tariff.
“CRT”
« TCR »
“CRT” refers to the Costa Rica Tariff.
“CT”
« TC »
“CT” refers to the Chile Tariff.
“GPT”
« TPG »
“GPT” refers to the General Preferential Tariff.
“IT”
« TI »
“IT” refers to the Iceland Tariff.
“JT”
« TJ »
“JT” refers to the Jordan Tariff.
“LDCT”
« TPMD »
“LDCT” refers to the Least Developed Country Tariff.
“MFN”
« NPF »
“MFN” refers to the Most-Favoured-Nation Tariff.
“MT”
« TM »
“MT” refers to the Mexico Tariff.
“MUST”
« TMÉU »
“MUST” refers to the Mexico–United States Tariff.
“NT”
« TN »
“NT” refers to the Norway Tariff.
“NZT”
« TNZ »
“NZT” refers to the New Zealand Tariff.
“PT”
« TP »
“PT” refers to the Peru Tariff.
“SLT”
« TSL »
“SLT” refers to the Switzerland–Liechtenstein Tariff.
“UST”
« TÉU »
“UST” refers to the United States Tariff.
(6) On the first day on which both section 129 of the other Act and section 38 of this Act are in force, section 79 of the Customs Tariff is replaced by the following:
Marginal note:Goods in transit
79. An order made under any of the following provisions 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:
(a) subsection 53(2);
(b) subsection 55(1);
(c) section 60;
(d) subsection 63(1);
(e) subsection 69(2);
(f) subsection 70(2);
(g) subsection 71.01(1);
(h) subsection 71.1(2);
(i) subsection 71.5(1);
(j) subsection 71.6(1).
(7) If section 39 of this Act comes into force before section 134 of the other Act, then that section 134 is deemed never to have come into force and is repealed.
(8) If section 134 of the other Act comes into force on the same day as section 39 of this Act, then that section 134 is deemed to have come into force before that section 39.
(9) On the first day on which both section 137 of the other Act and subsection 40(1) of this Act are in force, the List of Countries and Applicable Tariff Treatments set out in the schedule to the Customs Tariff is amended by adding, in the column “Tariff Treatment / Other”, a reference to “JT” opposite the reference to “Jordan”.
(10) If subsection 138(1) of the other Act comes into force before subsection 40(2) of this Act, then that subsection 40(2) is replaced by the following:
(2) 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 adding, in alphabetical order, a reference to “Jordan” in the list of countries.
(11) If subsection 40(2) of this Act comes into force before subsection 138(1) of the other Act, then that subsection 138(1) is deemed never to have come into force and is repealed.
(12) If subsection 138(1) of the other Act comes into force on the same day as subsection 40(2) of this Act, then that subsection 40(2) is deemed to have come into force before that subsection 138(1) and subsection (11) applies as a consequence.
(13) If subsection 40(3) of this Act comes into force before subsection 138(3) of the other Act, then that subsection 138(3) is deemed never to have come into force and is repealed.
(14) If subsection 138(3) of the other Act comes into force on the same day as subsection 40(3) of this Act, then that subsection 138(3) is deemed to have come into force before that subsection 40(3).
(15) If section 140 of the other Act comes into force before paragraph 40(1)(d) of this Act, then Schedule 3 to this Act is amended by deleting tariff item No. 9929.00.00.
(16) If section 140 of the other Act comes into force on the same day as paragraph 40(1)(d) of this Act, then that paragraph 40(1)(d) is deemed to have come into force before that section 140.
(17) If subsection 40(1) of this Act comes into force before section 143 of the other Act, then, on the day on which that section 143 comes into force, the tariff provisions that are added by that section 143 to the List of Tariff Provisions set out in the schedule to the Customs Tariff are amended by
(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT: Free”; and
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT: Free (A)”.
(18) If section 143 of the other Act comes into force on the same day as subsection 40(1) of this Act, then that section 143 is deemed to have come into force before that subsection 40(1).
(19) If subsection 40(1) of this Act comes into force before section 146 of the other Act, then, on the day on which that section 146 comes into force, the tariff provisions that are added by that section 146 to the List of Tariff Provisions set out in the schedule to the Customs Tariff are amended by
(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT: Free”; and
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT: Free (A)”.
(20) If section 146 of the other Act comes into force on the same day as subsection 40(1) of this Act, then that section 146 is deemed to have come into force before that subsection 40(1).
Marginal note:SOR/2011-191
45. (1) In this section, “Order” means the Order Amending the Schedule to the Customs Tariff (Harmonized System Conversion, 2012), SOR/2011-191.
(2) If section 1 of the Order comes into force before subsection 40(1) of this Act, then Schedule 3 to this Act is amended by deleting tariff item Nos. 0209.00.22, 0209.00.24, 0401.30.20, 0407.00.12 and 0407.00.19.
(3) If section 1 of the Order comes into force on the same day as subsection 40(1) of this Act, then that subsection 40(1) is deemed to have come into force before that section 1.
(4) If section 5 of the Order comes into force before subsection 40(1) of this Act, then Schedule 3 to this Act is amended by adding, in numerical order, tariff item Nos. 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12.
(5) If subsection 40(1) of this Act comes into force before section 5 of the Order, then, on the day on which that section 5 comes into force, the tariff provisions that are added by that section 5 to the List of Tariff Provisions set out in the schedule to the Customs Tariff are amended by
(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “PT”, a reference to “JT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “PT”, a reference to “JT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “JT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “JT”, for all tariff items except tariff item Nos. 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12; and
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” a reference to “N/A” after the abbreviation “JT” for tariff item Nos. 0209.90.20, 0209.90.40, 0401.40.20, 0401.50.20, 0407.11.12, 0407.11.92, 0407.21.20 and 0407.90.12.
(6) If section 5 of the Order comes into force on the same day as subsection 40(1) of this Act, then that section 5 is deemed to have come into force before that subsection 40(1) and subsection (4) applies as a consequence.
Coming into Force
Marginal note:Order in council
46. This Act, other than sections 44 and 45, comes into force on a day to be fixed by order of the Governor in Council.
SCHEDULE 1(Section 23)
SCHEDULE(Section 20.1)
PART 1
ENVIRONMENTAL COOPERATION TREATIES
The Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement.
The North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement.
PART 2
LABOUR COOPERATION TREATIES
The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.
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.
The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
The Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement.
The North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement.
SCHEDULE 2(Section 31)
SCHEDULE(Subsection 2(1), section 42.4, paragraphs 43.1(1)(b) and 74(1)(c.11) and subsection 164(1.1))
PART 1
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Country or Territory | Agreement | Tariff |
| Chile | CCFTA | Chile Tariff rates of customs duty under the Customs Tariff |
| Colombia | CCOFTA | Colombia Tariff rates of customs duty under the Customs Tariff |
| Costa Rica | CCRFTA | Costa Rica Tariff rates of customs duty under the Customs Tariff |
| EFTA State | CEFTA | Iceland Tariff, Norway Tariff or Switzerland– Liechtenstein Tariff rates of customs duty under the Customs Tariff |
| Israel or another CIFTA beneficiary | CIFTA | Canada–Israel Agreement Tariff rates of customs duty under the Customs Tariff |
| Jordan | CJFTA | Jordan Tariff rates of customs duty under the Customs Tariff |
| NAFTA country | NAFTA | United States Tariff, Mexico Tariff or Mexico–United States Tariff rates of customs duty under the Customs Tariff |
| Peru | CPFTA | Peru Tariff rates of customs duty under the Customs Tariff |
PART 2
| Column 1 | Column 2 |
|---|---|
| Agreement | Provision |
| CCFTA | Article E-14 |
| CCOFTA | Article 423 |
| CCRFTA | Article V.14 |
| CJFTA | Article 5-11 |
| CPFTA | Article 423 |
| NAFTA | Article 514 |
PART 3
| Column 1 | Column 2 |
|---|---|
| Country or Territory | Provision |
| Chile | paragraph 1 of Article E-09 of CCFTA |
| Colombia | paragraph 1 of Article 419 of CCOFTA |
| Costa Rica | paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA |
| EFTA State | Article 28(2) of Annex C of CEFTA |
| Jordan | paragraph 10 of Article 6-2 of CJFTA |
| NAFTA country | paragraph 1 of Article 509 of NAFTA |
| Peru | paragraph 1 of Article 419 of CPFTA |
PART 4
| Column 1 | Column 2 |
|---|---|
| Country or Territory | Agreement |
| Colombia | CCOFTA |
| Costa Rica | CCRFTA |
| EFTA State | CEFTA |
| Jordan | CJFTA |
| Peru | CPFTA |
PART 5
| Column 1 | Column 2 |
|---|---|
| Agreement | Chapter or Provision |
| CCFTA | Chapters C and E |
| CCOFTA | Chapter Four |
| CCRFTA | Chapters III and V |
| CEFTA | Chapter II and Annex C |
| CJFTA | Chapter Five |
| CPFTA | Chapter Four |
| NAFTA | Chapters Three and Five |
SCHEDULE 3(Subsection 40(1))
- 0105.11.22
- 0105.94.92
- 0105.99.12
- 0207.11.92
- 0207.12.92
- 0207.13.92
- 0207.13.93
- 0207.14.22
- 0207.14.92
- 0207.14.93
- 0207.24.12
- 0207.24.92
- 0207.25.12
- 0207.25.92
- 0207.26.20
- 0207.26.30
- 0207.27.12
- 0207.27.92
- 0207.27.93
- 0209.00.22
- 0209.00.24
- 0210.99.12
- 0210.99.13
- 0210.99.15
- 0210.99.16
- 0401.10.20
- 0401.20.20
- 0401.30.20
- 0402.10.20
- 0402.21.12
- 0402.21.22
- 0402.29.12
- 0402.29.22
- 0402.91.20
- 0402.99.20
- 0403.10.20
- 0403.90.12
- 0403.90.92
- 0404.10.22
- 0404.90.20
- 0405.10.20
- 0405.20.20
- 0405.90.20
- 0406.10.20
- 0406.20.12
- 0406.20.92
- 0406.30.20
- 0406.40.20
- 0406.90.12
- 0406.90.22
- 0406.90.32
- 0406.90.42
- 0406.90.52
- 0406.90.62
- 0406.90.72
- 0406.90.82
- 0406.90.92
- 0406.90.94
- 0406.90.96
- 0406.90.99
- 0407.00.12
- 0407.00.19
- 0408.11.20
- 0408.19.20
- 0408.91.20
- 0408.99.20
- 1517.90.22
- 1601.00.22
- 1601.00.32
- 1602.20.22
- 1602.20.32
- 1602.31.13
- 1602.31.14
- 1602.31.94
- 1602.31.95
- 1602.32.13
- 1602.32.14
- 1602.32.94
- 1602.32.95
- 1806.20.22
- 1806.90.12
- 1901.20.12
- 1901.20.22
- 1901.90.32
- 1901.90.34
- 1901.90.52
- 1901.90.54
- 2105.00.92
- 2106.90.32
- 2106.90.34
- 2106.90.52
- 2106.90.94
- 2202.90.43
- 2309.90.32
- 3502.11.20
- 3502.19.20
- 3504.00.11
- 3504.00.12
- 3504.00.90
- 9801.20.00
- 9826.10.00
- 9826.20.00
- 9826.30.00
- 9826.40.00
- 9897.00.00
- 9898.00.00
- 9899.00.00
- 9904.00.00
- 9929.00.00
- 9938.00.00
- 9987.00.00
- 9990.00.00
SCHEDULE 4(Section 41)
SCHEDULE(Subsections 19.1(1) and (2))TREATIES
The Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009, as amended from time to time in accordance with Article 22 of that Agreement.
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.
The Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
SCHEDULE 5(Section 43)
SCHEDULE VII(Section 89.7)
Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, signed on June 28, 2009.
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