Canada–Jordan Economic Growth and Prosperity Act (S.C. 2012, c. 18)

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

 This Act may be cited as the Canada–Jordan Economic Growth and Prosperity Act.

INTERPRETATION

Marginal note:Definitions

 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

 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

 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

 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

 This Act is binding on Her Majesty in right of Canada.

PURPOSE

Marginal note:Purpose

 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
  •  (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

 The Agreement and the related agreements are approved.

Administrative and Institutional Provisions

Marginal note:Canadian representative on Joint Commission

 The Minister is the principal representative of Canada on the Joint Commission.

Marginal note:Payment of expenditures

 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
  •  (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

 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

 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
  •  (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)

 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

 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.

 
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