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Customs Tariff

Version of section 16 from 2003-01-01 to 2005-12-11:


Meaning of originate

  •  (1) Subject to any regulations made under subsection (2), for the purposes of this Act, goods originate in a country if the whole of the value of the goods is produced in that country.

  • Marginal note:Rules of origin regulations

    (2) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) respecting the origin of goods, including regulations

      • (i) deeming goods, the whole or a portion of which is produced outside a country, to originate in that country for the purposes of this Act or any other Act of Parliament, subject to such conditions as are specified in the regulations,

      • (ii) deeming goods, the whole or a portion of which is produced within a geographic area of a country, not to originate in that country for the purposes of this Act or any other Act of Parliament and not to be entitled to the preferential tariff treatment otherwise applicable under this Act, subject to such conditions as are specified in the regulations, and

      • (iii) for determining when goods originate in a country for the purposes of this Act or any other Act of Parliament; and

    • (b) for determining when goods are entitled to a tariff treatment under this Act.

  • Definition of geographic area

    (2.1) In subsections (2) and 49.1(4), geographic area means any area specified by the Minister of National Revenue after consultation with the Minister for International Trade.

  • Marginal note:Application of rules of origin regulations

    (3) For the purpose of implementing the Agreement on Rules of Origin in Annex 1A of the World Trade Organization Agreement and any annex added to it under Article 9 of that Agreement, regulations made under subsection (2) may, if they so provide, prevail over any other regulations to the extent of any inconsistency.

  • Marginal note:Uniform regulations

    (4) The Governor in Council may, on the recommendation of the Minister, make regulations for the uniform interpretation, application and administration of

    • (a) Chapters Three and Four of the North American Free Trade Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement;

    • (b) Chapters C and D of the Canada–Chile Free Trade Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement; and

    • (c) Chapters III and IV of the Canada — Costa Rica Free Trade Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement.

  • 1997, c. 36, s. 16
  • 2001, c. 28, s. 34
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