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

Assented to 2017-06-01

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

 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.

 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.

 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

 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

 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

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

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

UAT

UAT refers to the Ukraine Tariff. (TUA)

 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.

 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.

 
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