SHORT TITLE

Marginal note:Short title

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

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“Agreement”

« Accord »

“Agreement” means the Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.

“Commission”

« Commission »

“Commission” means the Free Trade Commission established under Article 21.1 of the Agreement.

“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.

“Minister”

« ministre »

“Minister” means the Minister for International Trade.

“related agreement”

« accord connexe »

“related agreement” means

• (a) the Agreement on Environmental Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013; or

• (b) the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.

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 Republic of Honduras in order to create opportunities for economic development;

• (c) promote conditions of fair competition affecting trade between Canada and the Republic of Honduras;

• (d) substantially increase investment opportunities in Canada and the Republic of Honduras;

• (e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;

• (f) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Honduras on environmental matters;

• (g) protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Honduras on labour matters; and

• (h) 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 are to 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 Section C of Chapter 10 of the Agreement and Annex 3 of the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, no person has any cause of action and no proceedings of any kind are to 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 the 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 Commission

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

Marginal note:Payment of expenditures

11. The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the 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 7 of Article 21.1 of the Agreement;

  • (b) appoint a panel member in accordance with paragraph 2 of Article 21.11 of the Agreement; and

  • (c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 21.11.

• 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 13 of the Agreement on Environmental Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013;

  • (b) appoint a panellist in accordance with paragraph 11 of Annex I to that Agreement; and

  • (c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that paragraph.

• 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 paragraph 2 of Article 7 of the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013;

  • (b) appoint a panellist in accordance with paragraph 4 of Annex 2 to that Agreement; and

  • (c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that paragraph.

Marginal note:Administrative support

13. The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 21 of the Agreement and to provide administrative assistance to panels established under that Chapter.

Marginal note:Payment of costs

14. The Government of Canada is to pay the costs of 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 21.18 of Agreement

• 15. (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 21.18 of the Agreement, by order, do any one or more of the following:

  • (a) suspend rights or privileges granted by Canada to the Republic of Honduras or to goods of the Republic of Honduras under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to the Republic of Honduras or to goods of the Republic of Honduras;

  • (c) extend the application of any federal law to the Republic of Honduras or to goods of the Republic of Honduras; 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. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

16. Part 2 of the Schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

R.S., c. E-19Export and Import Permits Act

• 17. (1) Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:

  “CHFTA”

  « ALÉCH »

  “CHFTA” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act;

  “Honduras”

  « Honduras »

  “Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;

• Marginal note:2001, c. 28, s. 47(2)

  (2) Subsection 2(2) of the Act is replaced by the following:

  • Marginal note:Goods imported from a NAFTA country, Chile, Costa Rica or Honduras

    (2) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica or from Honduras if they are shipped directly to Canada from the NAFTA country, from Chile, from Costa Rica or from Honduras, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.