Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act (S.C. 2018, c. 23)
Full Document:
Assented to 2018-10-25
PART 2Related Amendments and Transitional Provision (continued)
Related Amendments (continued)
R.S., c. E-19Export and Import Permits Act (continued)
15 Section 6.2 of the Act is amended by adding the following after subsection (3):
Marginal note:Payments and securities
(4) The Minister, in relation to an allocation method established under paragraph (2)(a) or an import allocation issued under paragraph (2)(b), may accept payments and may receive any securities specified by the Minister.
R.S., c. F-11Financial Administration Act
16 Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018.
R.S., c. T-13Trade-marks Act
Marginal note:1993, c. 44, s. 234; 2014, c. 32, s. 53
17 Subsection 53(1) of the Trade-marks Act is replaced by the following:
Marginal note:Proceedings for interim custody
53 (1) Where a court is satisfied, on application of any interested person, that any registered trade-mark, any trade-mark that is confusing with a registered trade-mark or any trade-name has been applied to any goods that have been imported into Canada or are about to be distributed in Canada in such a manner that the distribution of the goods would be contrary to this Act, or that any indication of a place of origin has been unlawfully applied to any goods, the court may make an order for the interim custody of the goods, pending a final determination of the legality of their importation or distribution in an action commenced within such time as is prescribed by the order.
Marginal note:1993, c. 44, s. 234; 2014, c. 32, s. 53
18 The portion of subsection 53.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Proceedings for detention by Minister
53.1 (1) Where a court is satisfied, on application by the owner of a registered trade-mark, that any goods to which the registered trade-mark or a trade-mark that is confusing with the registered trade-mark has been applied are about to be imported into Canada or have been imported into Canada but have not yet been released, and that the distribution of the goods in Canada would be contrary to this Act, the court may make an order
R.S., c. 28 (1st Supp.)Investment Canada Act
19 The schedule to the Investment Canada Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act” and a corresponding reference to “Article 1.3 of the TPP within the meaning of section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act” in column 2.
R.S., c. 1 (2nd Supp.)Customs Act
20 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:
- CPTPP
CPTPP has the same meaning as Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act; (PTPGP)
- CPTPP country
CPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; (pays PTPGP)
21 Section 35.1 of the Act is amended by adding the following after subsection (3):
Marginal note:Certificate of origin completed by importer
(3.1) If an importer of goods for which preferential tariff treatment under the CPTPP will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.
Marginal note:2017, c. 6, s. 83(2)
22 Subsection 42.1(2) of the Act is replaced by the following:
Marginal note:Withdrawal of preferential tariff treatment
(2) If an exporter, producer or prescribed importer 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:2012, c. 18, s. 26(F)
23 Subsection 42.2(1) of the Act is replaced by the following:
Marginal note:Statement of origin
42.2 (1) On completion of a verification of origin under paragraph 42.1(1)(a), an officer designated under subsection 42.1(1) shall provide the exporter, producer or prescribed importer whose goods are subject to the verification of origin with a statement as to whether the goods are eligible, under the Customs Tariff, for the preferential tariff treatment that was claimed.
Marginal note:2012, c. 18, s. 27
24 Subsection 42.4(2) of the Act is replaced by the following:
Marginal note:Denial or withdrawal of benefit — specified countries
(2) Despite section 24 of the Customs Tariff, the Minister may, subject to any prescribed conditions, deny or withdraw preferential tariff treatment under an agreement set out in column 1 of Part 2 of the schedule in respect of goods for which that treatment is claimed if the exporter, producer or prescribed importer of the goods has made false representations that identical goods exported, produced or imported by that exporter, producer or prescribed importer and for which that treatment was claimed were eligible for that treatment.
25 (1) Section 97.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Certificate of Origin — CPTPP
(1.1) If an exporter or producer of goods for which preferential tariff treatment under the CPTPP will be claimed in accordance with the laws of a CPTPP country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and
Marginal note:1997, c. 14, s. 44; 2001, c. 25, s. 56(F)
(2) Subsections 97.1(2) and (3) of the English version of the Act are replaced by the following:
Marginal note:Provision of copy of Certificate of Origin
(2) Every exporter or producer of goods who, for the purpose of enabling any person to comply with the applicable laws relating to customs of a free trade partner, completes and signs a certificate in accordance with subsection (1) or (1.1) shall, at the request of an officer, provide the officer with a copy of the certificate.
Marginal note:Notification of correct information
(3) A person who has completed and signed a certificate in accordance with subsection (1) or (1.1) and who has reason to believe that it contains incorrect information shall immediately notify each person and CPTPP country to whom the certificate was given of the correct information.
Marginal note:2001, c. 25, s. 57
26 Subsection 97.2(1) of the Act is replaced by the following:
Marginal note:Exporters’ or producers’ records
97.2 (1) Every person who exports goods or causes them to be exported for sale or for any industrial, occupational, commercial, institutional or other like use or any other use that may be prescribed, and every other person who has completed and signed a certificate in accordance with subsection 97.1(1) or (1.1), shall keep at the person’s place of business in Canada or at any other place that may be designated by the Minister any records in respect of those goods in the manner and for the period that may be prescribed and shall, if an officer requests, make them available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of the records.
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