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Canada–Honduras Economic Growth and Prosperity Act (S.C. 2014, c. 14)

Assented to 2014-06-19

PART 2RELATED AMENDMENTS

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

Marginal note:2001, c. 28, s. 48

18. Subsections 5.2(1) and (2) of the Act are replaced by the following:

Marginal note:Addition to Export Control List or Import Control List

  • 5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 of Annex 300-B of NAFTA, for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 of Annex C-00-B of CCFTA, for the rate of duty provided for in the Schedule to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 of Annex III.1 of CCRFTA or for the rate of duty provided for in the Schedules to Annex 3.4.1 of CHFTA in accordance with Annex 3.1 of CHFTA, as the case may be, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.

  • Marginal note:Addition to Import Control List

    (2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing NAFTA, CCFTA, CCRFTA or CHFTA it is advisable to collect information with respect to the importation into Canada of any goods listed in Appendix 1.1 of Annex 300-B of NAFTA, in Appendix 1.1 of Annex C-00-B of CCFTA or in Appendix III.1.1.1 of Annex III.1 of CCRFTA or referred to in section 1 of Annex 3.1 of CHFTA, as the case may be, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.

Marginal note:2001, c. 28, s. 50

  • 19. (1) The portion of section 9.1 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Minister may issue certificate

    9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a NAFTA country respecting the administration of Appendix 6 to Annex 300-B of NAFTA, with Chile respecting the administration of Appendix 5.1 to Annex C-00-B of CCFTA, with Costa Rica respecting the administration of Appendix III.1.6.1 to Annex III.1 of CCRFTA or with Honduras respecting the administration of section 5 of Annex 3.1 of CHFTA, issue a certificate with respect to an exportation of goods to the NAFTA country, to Chile, to Costa Rica or to Honduras, as the case may be, stating the specific quantity of those goods that

  • (2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) in the case of an exportation of goods to Honduras, on importation into Honduras is eligible for the rate of duty provided for in the Schedules to Annex 3.4.1 of CHFTA in accordance with section 5 of Annex 3.1 of CHFTA.

R.S., c. F-11Financial Administration Act

20. Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:

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

R.S., c. I-3Importation of Intoxicating Liquors Act

21. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:

“Honduras”

« Honduras »

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

22. The schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1 and a corresponding reference to “Honduras Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2.

R.S., c. 1 (2nd Supp.)Customs Act

23. Subsection 2(1) of the Customs 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. 27

24. Subsections 42.3(1) to (4) of the Act are replaced by the following:

Definition of “customs administration”

  • 42.3 (1) In this section, “customs administration” has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA or Article 5.1 of CHFTA, as the case may be.

  • Marginal note:Effective date of redetermination or further redetermination of origin of goods

    (2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under NAFTA, CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that

    • (a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and

    • (b) that tariff classification or value differs from the tariff classification or value applied to those materials by the NAFTA country from which the goods were exported, from Chile, from Costa Rica or from Honduras, as the case may be.

  • Marginal note:Limitation

    (3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the NAFTA country from which the goods were exported, of Chile, of Costa Rica or of Honduras, as the case may be, has, before that date,

    • (a) given an advance ruling under Article 509 of NAFTA, Article E-09 of CCFTA, Article V.9 of CCRFTA, paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article 506 of NAFTA, paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.6 of CCRFTA, or paragraph 15 of Article 5.7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or

    • (b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into the NAFTA country, Chile, Costa Rica or Honduras, as the case may be.

  • Marginal note:Postponement of effective date

    (4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding ninety days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the NAFTA country from which the goods were exported, of Chile, Costa Rica or of Honduras, as the case may be.

25. Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1, a corresponding reference to “CHFTA” in column 2 and a corresponding reference to “Honduras Tariff rates of customs duty under the Customs Tariff” in column 3.

26. Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CHFTA” in column 1 and a corresponding reference to “Article 4.1” in column 2.

27. Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1 and a corresponding reference to “paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA” in column 2.

28. Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1 and a corresponding reference to “CHFTA” in column 2.

29. Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CHFTA” in column 1 and a corresponding reference to “Chapter Five” in column 2.

R.S., c. 17 (2nd Supp.)Commercial Arbitration Act

30. Schedule 2 of the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Articles 10.19 or 10.20” and a corresponding reference to “Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013” at the end of column 2.

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

  • 31. (1) The definition “textile and apparel goods” in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:

    “textile and apparel goods”

    « produits textiles et vêtements »

    “textile and apparel goods” means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA or in section 1 of Annex 3.1 of the CHFTA, as the case may be;

  • (2) Section 2 of the Act is amended by adding the following after subsection (4.3):

    • Marginal note:Definitions

      (4.4) In this Act,

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

      • (b) “Honduras Tariff” means the rates of customs duty referred to in section 49.6 of the Customs Tariff.

  • (3) Subsection 2(5) of the Act is amended by the adding, in alphabetical order, a reference to “Honduras” in the list of countries.

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