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Canada–Ukraine Free Trade Agreement Implementation Act (S.C. 2017, c. 8)

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Assented to 2017-06-01

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Canada–Ukraine Free Trade Agreement Implementation Act

S.C. 2017, c. 8

Assented to 2017-06-01

An Act to implement the Free Trade Agreement between Canada and Ukraine

SUMMARY

This enactment implements the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016.

The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 15 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.

Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement, and gives the Governor in Council the power to make orders in accordance with the Agreement.

Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement.

Part 3 contains coordinating amendments and the coming into force provision.

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

1 This Act may be cited as the Canada–Ukraine Free Trade Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement: Agreement means the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016. (Accord)
Commission: Commission means the Joint Commission established under Article 16.1 of the Agreement. (Commission)
federal law: 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. (texte législatif fédéral)
Minister: Minister means the Minister for International Trade. (ministre)

Marginal note:Interpretation consistent with Agreement

3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.

Marginal note:Non-application of Act and 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 fulfil any of the obligations of the Government of Canada under the 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, the objectives of which, as elaborated more specifically through its 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 Ukraine in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and Ukraine;
(d) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;
(e) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and Ukraine on environmental matters;
(f) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and Ukraine on labour matters; and
(g) promote sustainable development.

Causes of Action

Marginal note:Causes of action under sections 9 to 15

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 sections 9 to 15 or an order made under those sections.
Marginal note:Causes of action under Agreement
(2) Subject to Annex 13-C of the Agreement, 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.

PART 1Implementation of the Agreement

Approval

Marginal note:Agreement approved

9 The Agreement is 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, Expert Groups and Other Bodies

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 6 of Article 16.1 of the Agreement;
- (b) appoint a panellist in accordance with paragraph 2 of Article 17.8 of the Agreement; and
- (c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 17.8.
Marginal note:Powers of Minister of the Environment
(2) The Minister of the Environment may
- (a) appoint representatives of Canada to the Committee on the Environment referred to in Article 12.16 of the Agreement;
- (b) select a panellist in accordance with paragraph 2 of Annex 12-A of the Agreement; and
- (c) propose candidates to serve as the chair of a Review Panel, or select the chair, in accordance with that paragraph 2.
Marginal note:Powers of 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 sub-paragraph 4(a) of Article 13.9 of the Agreement;
- (b) select a panellist in accordance with paragraph 4 of Annex 13-B of the Agreement; and
- (c) propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraph 5 of that Annex.

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 17 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, expert groups and other bodies, to independent experts and to the assistants of panel members; and
(b) the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.

Orders

Marginal note:Orders — Article 17.13 of Agreement

15 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 17.13 of the Agreement, by order, do any of the following:
- (a) suspend rights or privileges granted by Canada to Ukraine or to goods of Ukraine under the Agreement or any federal law;
- (b) modify or suspend the application of any federal law, with respect to Ukraine or to goods of Ukraine;
- (c) extend the application of any federal law to Ukraine or to goods of Ukraine;
- (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:

Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.

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

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

Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016.

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

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

Ukraine: Ukraine has the same meaning as in subsection 2(1) of the Customs Tariff; (Ukraine)

19 The schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Ukraine 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

20 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:

CUFTA: CUFTA has the same meaning as Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act; (ALÉCU)
Ukraine: Ukraine has the same meaning as in subsection 2(1) of the Customs Tariff; (Ukraine)

Marginal note:2009, c. 6, s. 24(1)

21 (1) The portion of paragraph 42.1(1)(a) of the Act before subparagraph (i) is replaced by the following:
- (a) conduct a verification of origin of goods for which preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), is claimed
Marginal note:2009, c. 6, ss. 24(2) and (3)
(2) Subsections 42.1(1.1) and (2) of the Act are replaced by the following:
- Marginal note:Method of verification — certain agreements
  (1.1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct any of the following:
  - (a) a verification of origin of goods for which preferential tariff treatment under CEFTA is claimed, by requesting in writing that the customs administration of the EFTA state of export conduct a verification and provide an opinion as to whether the goods are originating within the meaning of Annex C of CEFTA;
  - (b) a verification of origin of goods for which preferential tariff treatment under CUFTA is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.
- Marginal note:Withdrawal of preferential tariff treatment
  (2) If an exporter or producer of goods that are subject to a verification of origin under paragraph (1)(a) fails to comply with the prescribed requirements or, in the case of a verification of origin under subparagraph (1)(a)(i), does not consent to the verification of origin in the prescribed manner and within the prescribed time, preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), may be denied or withdrawn from the goods.
Marginal note:2009, c. 6, s. 24(3)
(3) The portion of subsection 42.1(3) of the Act before paragraph (b) is replaced by the following:
- Marginal note:Withdrawal of preferential tariff treatment — certain agreements
  (3) Preferential tariff treatment under a free trade agreement referred to in subsection (1.1) may be denied or withdrawn from the goods in any of the following circumstances:
  - (a) in the case of CEFTA, if the EFTA state of export fails to conduct a verification or provide an opinion as to whether the goods are originating;
  - (a.1) in the case of CUFTA, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating;

Marginal note:2009, c. 6, s. 28

22 (1) Subsection 97.201(1) of the Act is replaced by the following:
Marginal note:Verification of origin — certain agreements
- 97.201 (1) The customs administration of any state referred to in subsection 42.1(1.1) to which goods were exported may request in writing that the Agency conduct a verification and provide, as the case may be
  - (a) an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; or
  - (b) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.
Marginal note:2009, c. 6, s. 28
(2) Subsection 97.201(3) of the Act is replaced by the following:
- Marginal note:Statement of origin — certain agreements
  (3) On completion of a verification of origin requested under subsection (1), an officer or other person designated under subsection (2) shall
  - (a) provide, in the prescribed manner, the customs administration of the state with the opinion or written report requested and any relevant supporting documents that may be requested by that customs administration; and
  - (b) determine whether the goods are originating within the meaning of the applicable provision referred to in subsection (1).

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

24 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Article 4.8 of CUFTA” in column 2.

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

26 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUFTA” in column 1 and a corresponding reference to “Chapters 3 and 4” in column 2.

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

27 (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.5):
- Marginal note:Definition of Ukraine Tariff
  (4.6) In this Act, Ukraine Tariff means the rates of customs duty referred to in section 52.5 of the Customs Tariff.
(2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in the list of countries.

28 The Act is amended by adding the following after section 19.0191:

Marginal note:Definition of principal cause

19.0192 (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 — Ukraine
(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 Ukraine 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.

Marginal note:2014, c. 28, s. 36

29 Section 21.1 of the Act is replaced by the following:

Marginal note: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 (1.098) 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.

30 Section 23 of the Act is amended by adding the following after subsection (1.097):

Marginal note:Filing of complaint — Ukraine Tariff
(1.098) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Ukraine 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 production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

31 Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.97) and by adding the following after that subparagraph:

(i.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine 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 cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

32 Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.97) and by adding the following after that paragraph:

(a.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine 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; or

1997, c. 36Customs Tariff

33 Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:

Canada–Ukraine Free Trade Agreement

Canada–Ukraine Free Trade Agreement has the same meaning as Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act. (Accord de libre-échange Canada–Ukraine)

Ukraine

Ukraine means

(a) the land territory, air space, internal waters and territorial sea of Ukraine;
(b) the exclusive economic zone of Ukraine, as determined by its domestic law, consistent with Part V of UNCLOS; and
(c) the continental shelf of Ukraine, as determined by its domestic law, consistent with Part VI of UNCLOS. (Ukraine)

UNCLOS

UNCLOS means the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982. (CNUDM)

Marginal note:2014, c. 28, s. 45

34 Subparagraph 14(2)(c)(xvi) of the Act is replaced by the following:

(xvi) subsection 75(1),
(xvii) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.

35 Section 27 of the Act is amended by adding the following in alphabetical order:

UAT: UAT refers to the Ukraine Tariff. (TUA)

36 The Act is amended by adding the following after section 52.4:

Ukraine Tariff

Marginal note:Application of UAT

52.5 (1) Subject to section 24, goods that originate in Ukraine are entitled to the Ukraine Tariff rates of customs duty.
Marginal note:“A” final rate for UAT
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UAT” in relation to goods entitled to the Ukraine Tariff, the Ukraine Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
Marginal note:“F” staging for UAT
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UAT” in relation to goods entitled to the Ukraine Tariff, the Ukraine Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

37 The Act is amended by adding the following after section 74:

Bilateral Emergency Measures — Ukraine

Marginal note:Order by Governor in Council

75 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.0192(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.098) of that Act, that goods that are entitled to the Ukraine 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 a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order
- (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 52.5;
- (b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Ukraine Tariff that is in effect in respect of those goods at that time, is not to exceed the lesser of
  - (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season immediately before the order is made, and
  - (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season immediately before the coming into force of this subsection; and
- (c) in respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Ukraine Tariff that is in effect in respect of those goods at that time, is not to exceed the lesser of
  - (i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and
  - (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection.
Marginal note:Terms and conditions
(2) An order referred to in subsection (1)
- (a) is not to be made more than once in respect of goods of any particular kind;
- (b) remains in effect only for the period, not exceeding three years, that is specified in the order; and
- (c) may be in effect during the period beginning on the day on which this section comes into force and ending on the day before the seventh anniversary of the day on which this section comes into force.
Marginal note:Rate of duty when order ceases to have effect
(3) When an order made under subsection (1) ceases to have effect, the rate of customs duty applicable to the goods is the rate of customs duty that is applicable in accordance with section 52.5.
Marginal note:Definition of principal cause
(4) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is not less important than any other cause of the serious injury or threat.

38 Section 79 of the Act is amended by adding the following after paragraph (o):

(p) subsection 75(1).

39 The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “UAT” opposite the reference to “Ukraine”.

40 The List of Tariff Provisions set out in the schedule to the Act is amended by

(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “UAT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “UAT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UAT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UAT”, for all tariff items except those tariff items set out in Schedules 1 to 3 to this Act;
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UAT” for those tariff items set out in Schedule 1 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UAT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.

41 The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 3 to this Act.

2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act

42 The schedule to the Department of Employment and Social Development Act is amended by adding the following in alphabetical order: