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. 17 (2nd Supp.)Commercial Arbitration Act
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.
Marginal note:1988, c. 65, s. 69
31. Paragraph 35.1(4)(c) of the French version of the Act is replaced by the following:
c) exempter des personnes ou des marchandises, individuellement ou par catégorie, de l’application du paragraphe (1), sous réserve des éventuelles conditions prévues par le règlement.
Marginal note:1997, c. 36, s. 162
32. Subsection 42.2(1) of the French version of the Act is replaced by the following:
Marginal note:Déclaration de l’origine
42.2 (1) Dès l’achèvement de la vérification de l’origine en application de l’alinéa 42.1(1)a), l’agent désigné, en application du paragraphe 42.1(1), fournit à l’exportateur ou au producteur des marchandises en cause une déclaration établissant si celles-ci sont admissibles, au titre du Tarif des douanes, au traitement tarifaire préférentiel demandé.
Marginal note:2010, c. 4, s. 26
33. Section 42.4 of the Act and the heading before it are replaced by the following:
Denial or Withdrawal of Benefit of Preferential Tariff Treatment Under Certain Free Trade Agreements
Definition of “identical goods”
42.4 (1) In this section, “identical goods” has the meaning assigned to that expression by the provision, set out in column 2 of Part 2 of the schedule, of an agreement set out in column 1.
Marginal note:Denial or withdrawal of benefit — specified countries
(2) Notwithstanding 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 or producer of the goods has made false representations that identical goods exported or produced by that exporter or producer and for which that treatment was claimed were eligible for that treatment.
Marginal note:2010, c. 4, s. 27
34. Paragraph 43.1(1)(b) of the Act is replaced by the following:
(b) in the case of goods exported from a country or territory set out in column 1 of Part 3 of the schedule, any matter, other than those referred to in paragraphs (a) and (c), concerning those goods that is set out in the provision set out in column 2; and
Marginal note:2010, c. 4, s. 28
35. Paragraph 74(1)(c.11) of the Act is replaced by the following:
(c.11) the goods were imported from Israel or another CIFTA beneficiary or from a country or territory set out in column 1 of Part 4 of the schedule but no claim for preferential tariff treatment under CIFTA or an agreement set out in column 2, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);
Marginal note:1993, c. 44, s. 108(1); 1997, c. 14, s. 47(1); 2001, c. 28, s. 30; 2009, c. 6, s. 29, c. 16, ss. 35 and 56(13); 2010, c. 4, s. 29
36. Subsections 164(1.1) to (1.5) of the Act are replaced by the following:
Marginal note:Regulations
(1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a chapter or provision, set out in column 2 of Part 5 of the schedule, of an agreement set out in column 1 and any other matters that may be agreed on from time to time by the parties to that agreement.
37. Schedules I to IV to the Act are replaced by the schedule set out in Schedule 3 to this Act.
1997, c. 36Customs Tariff
38. Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:
“Canada– Panama Free Trade Agreement”
« Accord de libre-échange Canada-Panama »
“Canada–Panama Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Panama Economic Growth and Prosperity Act.
“Panama”
« Panama »
“Panama” means the land, maritime areas, and air space under the sovereignty of the Republic of Panama and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with its domestic law and international law.
Marginal note:2010, c. 4, s. 31
39. Section 5 of the Act is replaced by the following:
Marginal note:Goods imported from certain countries
5. For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country:
- a NAFTA country
- Chile
- Colombia
- Costa Rica
- Iceland
- Liechtenstein
- Norway
- Panama
- Peru
- Switzerland
Marginal note:2010, c. 4, s. 32
40. Paragraph 14(2)(c) of the Act is replaced by the following:
(c) by way of compensation for any action taken under any of the following provisions:
(i) subsection 55(1),
(ii) section 60,
(iii) subsection 63(1),
(iv) subsection 69(2),
(v) subsection 70(2),
(vi) subsection 71(2),
(vii) subsection 71.01(1),
(viii) subsection 71.1(2),
(ix) subsection 71.41(1),
(x) subsection 71.5(1),
(xi) subsection 72(1),
(xii) subsection 75(1),
(xiii) subsection 76(1),
(xiv) subsection 76.1(1),
(xv) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
Marginal note:2010, c. 4, s. 34
41. Section 27 of the Act is replaced by the following:
Marginal note:Abbreviations
27. The following abbreviations, as defined below, apply in the List of Tariff Provisions and the “F” Staging List.
“AUT”
« TAU »
“AUT” refers to the Australia Tariff.
“CCCT”
« TPAC »
“CCCT” refers to the Commonwealth Caribbean Countries Tariff.
“CIAT”
« TACI »
“CIAT” refers to the Canada–Israel Agreement Tariff.
“COLT”
« TCOL »
“COLT” refers to the Colombia Tariff.
“CRT”
« TCR »
“CRT” refers to the Costa Rica Tariff.
“CT”
« TC »
“CT” refers to the Chile Tariff.
“GPT”
« TPG »
“GPT” refers to the General Preferential Tariff.
“IT”
« TI »
“IT” refers to the Iceland Tariff.
“LDCT”
« TPMD »
“LDCT” refers to the Least Developed Country Tariff.
“MT”
« TM »
“MT” refers to the Mexico Tariff.
“MUST”
« TMÉU »
“MUST” refers to the Mexico–United States Tariff.
“NT”
« TN »
“NT” refers to the Norway Tariff.
“NZT”
« TNZ »
“NZT” refers to the New Zealand Tariff.
“PAT”
« TPA »
“PAT” refers to the Panama Tariff.
“PT”
« TP »
“PT” refers to the Peru Tariff.
“SLT”
« TSL »
“SLT” refers to the Switzerland–Liechtenstein Tariff.
“UST”
« TÉU »
“UST” refers to the United States Tariff.
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