Canada–Honduras Economic Growth and Prosperity Act (S.C. 2014, c. 14)
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Assented to 2014-06-19
Canada–Honduras Economic Growth and Prosperity Act
S.C. 2014, c. 14
Assented to 2014-06-19
An Act to implement the Free Trade Agreement between Canada and the Republic of Honduras, the Agreement on Environmental Cooperation between Canada and the Republic of Honduras and the Agreement on Labour Cooperation between Canada and the Republic of Honduras
SUMMARY
This enactment implements the Free Trade Agreement and the related agreements on environmental and labour cooperation entered into between Canada and the Republic of Honduras and done at Ottawa on November 5, 2013.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the agreements and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation entered into between Canada and the Republic of Honduras.
Part 3 of the enactment 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
1. This Act may be cited as the Canada–Honduras Economic Growth and Prosperity Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“Agreement”
« Accord »
“Agreement” means the Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.
“Commission”
« Commission »
“Commission” means the Free Trade Commission established under Article 21.1 of the Agreement.
“federal law”
« texte législatif fédéral »
“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.
“Minister”
« ministre »
“Minister” means the Minister for International Trade.
“related agreement”
« accord connexe »
“related agreement” means
(a) the Agreement on Environmental Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013; or
(b) the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.
Marginal note:Interpretation consistent with agreements
3. For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.
Marginal note:Non-application of Act or Agreement to water
4. 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
5. 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 a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.
HER MAJESTY
Marginal note:Binding on Her Majesty
6. This Act is binding on Her Majesty in right of Canada.
PURPOSE
Marginal note:Purpose
7. The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their 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 the Republic of Honduras in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and the Republic of Honduras;
(d) substantially increase investment opportunities in Canada and the Republic of Honduras;
(e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;
(f) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Honduras on environmental matters;
(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Honduras on labour matters; and
(h) promote sustainable development.
CAUSES OF ACTION
Marginal note:Causes of action under Part 1
8. (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 Part 1 or an order made under that Part.
Marginal note:Causes of action under the Agreement or a related agreement
(2) Subject to Section C of Chapter 10 of the Agreement and Annex 3 of the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, 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 or the related agreement.
PART 1IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS
Approval
Marginal note:Agreements approved
9. The Agreement and the related agreements are approved.
Administrative and Institutional Provisions
Marginal note:Canadian representative on Commission
10. The Minister is the principal representative of Canada on the Commission.
Marginal note:Payment of expenditures
11. 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 and Expert Groups
Marginal note:Powers of Minister
12. (1) The Minister may
(a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 7 of Article 21.1 of the Agreement;
(b) appoint a panel member in accordance with paragraph 2 of Article 21.11 of the Agreement; and
(c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 21.11.
Marginal note:Powers of Minister of the Environment
(2) The Minister of the Environment may
(a) appoint representatives of Canada to the committee referred to in Article 13 of the Agreement on Environmental Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013;
(b) appoint a panellist in accordance with paragraph 11 of Annex I to that Agreement; and
(c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that paragraph.
Marginal note:Powers of the 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 paragraph 2 of Article 7 of the Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013;
(b) appoint a panellist in accordance with paragraph 4 of Annex 2 to that Agreement; and
(c) propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that paragraph.
Marginal note:Administrative support
13. The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 21 of the Agreement and to provide administrative assistance to panels established under that Chapter.
Marginal note:Payment of costs
14. 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 and expert groups, to independent experts and to the assistants of panel members; and
(b) the general expenses incurred by panels, committees, subcommittees, working groups and expert groups.
Orders
Marginal note:Orders re Article 21.18 of Agreement
15. (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 21.18 of the Agreement, by order, do any one or more of the following:
(a) suspend rights or privileges granted by Canada to the Republic of Honduras or to goods of the Republic of Honduras under the Agreement or any federal law;
(b) modify or suspend the application of any federal law, with respect to the Republic of Honduras or to goods of the Republic of Honduras;
(c) extend the application of any federal law to the Republic of Honduras or to goods of the Republic of Honduras; and
(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
16. Part 2 of the Schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:
The Agreement on Labour Cooperation between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013, as amended from time to time in accordance with Article 22 of that Agreement.
R.S., c. E-19Export and Import Permits Act
17. (1) Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:
“CHFTA”
« ALÉCH »
“CHFTA” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act;
“Honduras”
« Honduras »
“Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;
Marginal note:2001, c. 28, s. 47(2)
(2) Subsection 2(2) of the Act is replaced by the following:
Marginal note:Goods imported from a NAFTA country, Chile, Costa Rica or Honduras
(2) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica or from Honduras if they are shipped directly to Canada from the NAFTA country, from Chile, from Costa Rica or from Honduras, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
Marginal note:2001, c. 28, s. 48
18. Subsections 5.2(1) and (2) of the Act are replaced by the following:
Marginal note:Addition to Export Control List or Import Control List
5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in the Schedules to Annex 302.2 of NAFTA in accordance with Appendix 6 of Annex 300-B of NAFTA, for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in accordance with Appendix 5.1 of Annex C-00-B of CCFTA, for the rate of duty provided for in the Schedule to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 of Annex III.1 of CCRFTA or for the rate of duty provided for in the Schedules to Annex 3.4.1 of CHFTA in accordance with Annex 3.1 of CHFTA, as the case may be, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.
Marginal note:Addition to Import Control List
(2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing NAFTA, CCFTA, CCRFTA or CHFTA it is advisable to collect information with respect to the importation into Canada of any goods listed in Appendix 1.1 of Annex 300-B of NAFTA, in Appendix 1.1 of Annex C-00-B of CCFTA or in Appendix III.1.1.1 of Annex III.1 of CCRFTA or referred to in section 1 of Annex 3.1 of CHFTA, as the case may be, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.
Marginal note:2001, c. 28, s. 50
19. (1) The portion of section 9.1 of the Act before paragraph (a) is replaced by the following:
Marginal note:Minister may issue certificate
9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a NAFTA country respecting the administration of Appendix 6 to Annex 300-B of NAFTA, with Chile respecting the administration of Appendix 5.1 to Annex C-00-B of CCFTA, with Costa Rica respecting the administration of Appendix III.1.6.1 to Annex III.1 of CCRFTA or with Honduras respecting the administration of section 5 of Annex 3.1 of CHFTA, issue a certificate with respect to an exportation of goods to the NAFTA country, to Chile, to Costa Rica or to Honduras, as the case may be, stating the specific quantity of those goods that
(2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) in the case of an exportation of goods to Honduras, on importation into Honduras is eligible for the rate of duty provided for in the Schedules to Annex 3.4.1 of CHFTA in accordance with section 5 of Annex 3.1 of CHFTA.
R.S., c. F-11Financial Administration Act
20. Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:
- Free Trade Agreement between Canada and the Republic of Honduras, done at Ottawa on November 5, 2013.
R.S., c. I-3Importation of Intoxicating Liquors Act
21. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
“Honduras”
« Honduras »
“Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;
22. The schedule to the Act is amended by adding, in alphabetical order, a reference to “Honduras” in column 1 and a corresponding reference to “Honduras 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
23. Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:
“CHFTA”
« ALÉCH »
“CHFTA” has the same meaning as “Agreement” in section 2 of the Canada–Honduras Economic Growth and Prosperity Act;
“Honduras”
« Honduras »
“Honduras” has the same meaning as in subsection 2(1) of the Customs Tariff;
Marginal note:2001, c. 28, s. 27
24. Subsections 42.3(1) to (4) of the Act are replaced by the following:
Definition of “customs administration”
42.3 (1) In this section, “customs administration” has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.14 of CCRFTA or Article 5.1 of CHFTA, as the case may be.
Marginal note:Effective date of redetermination or further redetermination of origin of goods
(2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under NAFTA, CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that
(a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and
(b) that tariff classification or value differs from the tariff classification or value applied to those materials by the NAFTA country from which the goods were exported, from Chile, from Costa Rica or from Honduras, as the case may be.
Marginal note:Limitation
(3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the NAFTA country from which the goods were exported, of Chile, of Costa Rica or of Honduras, as the case may be, has, before that date,
(a) given an advance ruling under Article 509 of NAFTA, Article E-09 of CCFTA, Article V.9 of CCRFTA, paragraph 1 of Article 5.10 or paragraph 11 of Article 6.2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article 506 of NAFTA, paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.6 of CCRFTA, or paragraph 15 of Article 5.7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or
(b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into the NAFTA country, Chile, Costa Rica or Honduras, as the case may be.
Marginal note:Postponement of effective date
(4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding ninety days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the NAFTA country from which the goods were exported, of Chile, Costa Rica or of Honduras, as the case may be.
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