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

Assented to 2017-06-01

 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

 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)
  •  (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
  •  (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).

 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.

 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.

 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.

 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

  •  (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.

 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.

 
Date modified: