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

Assented to 2012-06-29

Marginal note:2010, c. 4, s. 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 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.

 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.

 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

 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)

 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

 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)
  •  (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

 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

 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

 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

 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

 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

 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.

 
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