Canada–Honduras Economic Growth and Prosperity Act (S.C. 2014, c. 14)
Full Document:
Assented to 2014-06-19
32. The Act is amended by adding the following after section 19.018:
Definition of “principal cause”
19.019 (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 — Honduras
(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 Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to 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.
33. The Act is amended by adding the following after section 20.05:
Definition of “principal cause”
20.06 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Determination in respect of goods imported from Honduras
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Honduras that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Marginal note:Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Marginal note:Inquiry under section 30.07
(4) In an inquiry under section 30.07 into goods imported from Honduras conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Honduras are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Marginal note:2012, c. 18, s. 18
34. 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 (1.096) 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.
35. Section 23 of the Act is amended by adding the following after subsection (1.094):
Marginal note:Filing of complaint — Honduras Tariff
(1.095) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Honduras 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 and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
Marginal note:Filing of complaint — textile and apparel goods
(1.096) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, under section 49.6(8) of the Customs Tariff, to the Honduras 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 or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile or apparel goods.
Marginal note:2009, c. 6, s. 20
36. Paragraph 25(2)(c) of the Act is replaced by the following:
(c) in the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.
37. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.94) and by adding the following after subparagraph (i.94):
(i.95) in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,
(i.96) in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to alone cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, or
38. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.94) and by adding the following after paragraph (a.94):
(a.95) in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;
(a.96) in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods; or
1997, c. 36Customs Tariff
39. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:
“Canada–Honduras Free Trade Agreement”
« Accord de libre-échange Canada-Honduras »
“Canada–Honduras Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act.
“Honduras”
« Honduras »
“Honduras” means the land, maritime areas, and air space under the sovereignty of the Republic of Honduras and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with its domestic law and international law.
40. Subparagraph 14(2)(c)(xii) of the Act is replaced by the following:
(xii) subsection 72(2),
(xiii) subsection 73(1),
(xiv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
41. Paragraph 24(1)(b) of the Act is amended by adding the following after subparagraph (ix):
(x) subsection 49.6(8).
42. Section 27 of the Act is amended by adding the following in alphabetical order:
“HNT”
« THN »
“HNT” refers to the Honduras Tariff.
43. The Act is amended by adding the following after section 49.5:
Honduras Tariff
Marginal note:Application of HNT
49.6 (1) Subject to section 24, goods that originate in Honduras are entitled to the Honduras Tariff rates of customs duty.
Marginal note:“A” final rate for HNT
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “HNT” in relation to goods entitled to the Honduras Tariff, the Honduras Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
Marginal note:“F” staging for HNT
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “HNT” in relation to goods entitled to the Honduras Tariff, the Honduras Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.
Marginal note:Staging for HNT
(4) If “U1” or “U2” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “HNT” in relation to goods entitled to the Honduras Tariff, the Honduras Tariff rate of customs duty that applies to those goods is the initial rate, reduced
(a) if “U1” is set out,
(i) effective on the coming into force of this subsection, to two thirds of the initial rate,
(ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to one third of the initial rate, and
(iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to the final rate of “Free”; and
(b) if “U2” is set out,
(i) effective on the coming into force of this subsection, to six sevenths of the initial rate,
(ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to five sevenths of the initial rate,
(iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to four sevenths of the initial rate,
(iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to three sevenths of the initial rate,
(v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to two sevenths of the initial rate,
(vi) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to one seventh of the initial rate, and
(vii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to the final rate of “Free”.
Marginal note:Rounding of specific rates
(5) If a reduction under subsection (3) or (4) 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
(6) If a reduction under subsection (3) or (4) 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
(7) If a reduction under subsection (3) or (4) 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.
Marginal note:Extension of Honduras Tariff
(8) Notwithstanding any other provision of this Act, for the purpose of giving effect to Annex 3.1 of the Canada–Honduras Free Trade Agreement, the Minister may, by order, amend the schedule to extend entitlement to the Honduras Tariff to any imported goods under such conditions as may be specified in the order.
Marginal note:Limits on reduction of duty
(9) The Governor in Council may, on the recommendation of the Minister, by order, specify limits on the aggregate quantity of goods of tariff item Nos. 1701.91.10, 1701.99.10, 1702.90.21, 1702.90.61, 1702.90.70 and 1702.90.81 that are entitled to the Honduras Tariff, and the limits apply during the periods and subject to the conditions that may be specified in the order.
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