Canada–Panama Economic Growth and Prosperity Act (S.C. 2012, c. 26)
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Assented to 2012-12-14
PART 2RELATED AMENDMENTS
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
17. The Act is amended by adding the following after section 19.013:
Definition of “principal cause”
19.0131 (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 — Panama
(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 Panama 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.
18. The Act is amended by adding the following after section 20.03:
Definition of “principal cause”
20.031 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Determination in respect of goods imported from Panama
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Panama that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Marginal note:Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Marginal note:Inquiry under section 30.07
(4) In an inquiry under section 30.07 into goods imported from Panama conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Panama are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Marginal note:2010, c. 4, s. 19
19. Section 21.1 of the Act is replaced by the following:
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 (1.093) 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.
20. Section 23 of the Act is amended by adding the following after subsection (1.08):
Marginal note:Filing of complaint — Panama Tariff
(1.081) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Panama 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.
21. Paragraph 26(1)(a) of the Act is amended by adding the following after subparagraph (i.8):
(i.81) in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama 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,
22. Subsection 27(1) of the Act is amended by adding the following after paragraph (a.8):
(a.81) in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to 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;
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
23. The definition “Code” in section 2 of the Commercial Arbitration Act is replaced by the following:
“Code”
« Code »
“Code” means the Commercial Arbitration Code, based on the model law adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule 1;
24. Subsection 5(4) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) a claim under a provision, set out in column 1 of Schedule 2, of an agreement that is set out in column 2.
25. The schedule to the Act is renumbered as Schedule 1.
26. The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act.
27. Regulations, within the meaning of section 2 of the Statutory Instruments Act, made under an Act of Parliament are amended by replacing every reference to the schedule to the Commercial Arbitration Act with a reference to Schedule 1 wherever it occurs, and more particularly in the following provisions:
(a) in the Kananaskis Falls and Horseshoe Falls Water Power Regulations,
(i) subparagraph 4(g)(i) of Schedule I, and
(ii) subparagraph 4(g)(i) of Schedule II; and
(b) in the Federal Courts Rules,
(i) subsection 324(1),
(ii) the definition “arbitration agreement” in section 326,
(iii) paragraph (d) of the definition “foreign judgment” in section 326, and
(iv) paragraph 1(d) of Form 327.
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:2009, c. 16, s. 25(3)
28. Paragraphs (a) to (d) of the definition “appropriate party” in section 20.1 of the Crown Liability and Proceedings Act are replaced by the following:
(a) the Commission for Environmental Cooperation established under Article 8 of the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement,
(b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the Agreement on Environmental Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement,
(c) the Commission for Labor Cooperation established under Article 8 of the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement,
(d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the Agreement on Labour Cooperation entered into between the Government of Canada and the Government of the Republic of Chile and signed on February 6, 1997, as amended from time to time in accordance with Article 47 of that Agreement, or
Marginal note:2009, c. 16, s. 30; 2010, c. 4, s. 24
29. The schedule to the Act is replaced by the schedule set out in Schedule 2 to this Act.
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:1997, c. 36, s. 147(1); 2001, c. 28, s. 26(2); 2009, c. 6, s. 23(2), c. 16, s. 31(2); 2010, c. 4, s. 25(2)
30. (1) The definitions “preferential tariff treatment under CCFTA”, “preferential tariff treatment under CCOFTA”, “preferential tariff treatment under CCRFTA”, “preferential tariff treatment under CEFTA”, “preferential tariff treatment under CIFTA”, “preferential tariff treatment under CPFTA” and “preferential tariff treatment under NAFTA” in subsection 2(1) of the Customs Act are repealed.
Marginal note:2010, c. 4, s. 25(1)
(2) The definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Act are replaced by the following:
“free trade agreement”
« accord de libre-échange »
“free trade agreement” means an agreement set out in column 2 of Part 1 of the schedule;
“free trade partner”
« partenaire de libre-échange »
“free trade partner” means a country or territory set out in column 1 of Part 1 of the schedule;
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“CPAFTA”
« ALÉCPA »
“CPAFTA” has the same meaning as “Agreement” in section 2 of the Canada–Panama Economic Growth and Prosperity Act;
“Panama”
« Panama »
“Panama” has the same meaning as in subsection 2(1) of the Customs Tariff;
“preferential tariff treatment”
« traitement tarifaire préférentiel »
“preferential tariff treatment” means, in respect of goods, entitlement to whichever tariff set out in column 3 of Part 1 of the schedule is applicable in the circumstances;
Marginal note:1997, c. 14, s. 35(4); 2001, c. 28, s. 26(3); 2009, c. 6, s. 23(3), c. 16, s. 31(3) and par. 56(10)(a); 2010, c. 4, s. 25(3)
(4) Subsection 2(1.2) of the Act is repealed.
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