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

Assented to 2017-06-01

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

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

Interpretation

Marginal note:Definitions

 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

 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

 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

 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

 This Act is binding on Her Majesty in right of Canada.

Purpose

Marginal note:Purpose

 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
  •  (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

 The Agreement is approved.

Administrative and Institutional Provisions

Marginal note:Canadian representative on Commission

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

Marginal note:Payment of expenditures

 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
  •  (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

 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

 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
  •  (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

 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

 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

 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)

 
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