RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Agreement between Canada, the United States of America and the United Mexican States”.

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada–United States–Mexico Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this section and sections 3 to 20.

Agreement

Agreement means the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019. (Accord)

Commission

Commission means the Free Trade Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 30 of the Agreement. (Commission)

federal law

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. (texte législatif fédéral)

Minister

Minister for the purposes of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 10. (ministre)

North American Free Trade Agreement

North American Free Trade Agreement means the North American Free Trade Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City, Ottawa and Washington, on December 17, 1992. (Accord de libre-échange nord-américain)

Marginal note:Interpretation consistent with Agreement

3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.

Marginal note:Non-application of Act and 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 fulfil any of the obligations of the Government of Canada under the 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 principal purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

• (a) replace the North American Free Trade Agreement;

• (b) establish a free trade area in accordance with the Agreement;

• (c) further support mutually beneficial trade between the parties to the Agreement as well as their economic growth;

• (d) preserve and expand regional trade and production by further incentivizing the production and sourcing of goods and materials in the territories of the parties to the Agreement;

• (e) establish a clear, transparent, and predictable legal and commercial framework for business planning that supports further expansion of trade and investment, including in the online environment and in creative and innovative sectors;

• (f) promote efficient and transparent customs procedures that reduce costs and ensure predictability for importers and exporters;

• (g) recognize the right of the parties to the Agreement to regulate, in accordance with the rights and obligations provided for in the Agreement, in order to protect legitimate public welfare objectives;

• (h) recognize the right of the parties to the Agreement to adopt or maintain measures with respect to cultural industries in accordance with the rights and obligations provided for in the Agreement;

• (i) facilitate trade in goods and services between Canada and the other parties to the Agreement by preventing, identifying, and eliminating unnecessary technical barriers to trade, by enhancing transparency, and by promoting good regulatory practices;

• (j) support the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement;

• (k) promote high levels of environmental protection through, among other means, the effective enforcement of environmental laws, enhanced environmental cooperation and mutually supportive trade and environmental policies and practices;

• (l) promote the protection and enforcement of labour rights and the improvement of working conditions;

• (m) promote transparency, good governance and the rule of law, while eliminating bribery and corruption in trade and investment;

• (n) recognize the importance of increased engagement by Indigenous peoples in trade and investment; and

• (o) facilitate women’s and men’s equal access to and ability to benefit from the opportunities created by the Agreement and support the conditions for women’s full participation in domestic, regional, and international trade and investment.

Causes of Action

Marginal note:Causes of action under sections 9 to 20

• 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 sections 9 to 20 or an order made under any of those sections.

• Marginal note:Causes of action under Agreement

  (2) 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.

• Marginal note:Exception

  (3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Annex 14-C of the Agreement.

PART 1Implementation of Agreement

Approval, Designation of Minister and Representation on Commission

Marginal note:Approval

9 The Agreement is approved.

Marginal note:Order designating Minister

10 The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.

Marginal note:Canadian representative on Commission

11 The Minister is the principal representative of Canada on the Commission.

Secretariat

Marginal note:Continuation of Secretariat

12 The Secretariat established under paragraph 1 of Article 2002 of the North American Free Trade Agreement is continued as the Secretariat that is to be established under Article 30.6 of the Agreement.

Marginal note:Continuation of Canadian Section of Secretariat

13 The Canadian Section of the Secretariat that is referred to in section 14 of the North American Free Trade Agreement Implementation Act is continued within the Department of Foreign Affairs, Trade and Development for the purpose of performing the functions set out in paragraph 3 of Article 30.6 of the Agreement.

Marginal note:Secretary

• 14 (1) There is to be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act.

• Marginal note:Duties

  (2) The Secretary is responsible for fulfilling the Section’s mandate. In doing so, the Secretary is to perform the functions set out in paragraph 3 of Article 30.6 of the Agreement.

Marginal note:Staff

15 Officers and employees who are required for the proper conduct of the work of the Canadian Section of the Secretariat are to be appointed in accordance with the Public Service Employment Act.

Panels and Committees

Marginal note:Powers of Minister

16 The Minister may

• (a) appoint a panellist in accordance with paragraphs 2 and 3 of Annex 10-B.1 of the Agreement or Article 31.9 of the Agreement;

• (b) appoint a committee member in accordance with paragraph 1 of Annex 10-B.3 of the Agreement;

• (c) propose the names of individuals for a roster referred to in Annex 10-B.1 or 10-B.3 of the Agreement or Article 31.8 of the Agreement; and

• (d) propose the names of individuals for the lists referred to in Article 31-B.3 of Annex 31-B of the Agreement.

Labour Council

Marginal note:Powers of Minister of Labour

17 The Minister of Labour may act as Canada’s senior governmental representative on the Labour Council referred to in Article 23.14 of the Agreement or may designate that representative.

Expenses

Marginal note:Payment of expenditures

18 The Government of Canada is to pay its appropriate share of the aggregate of

• (a) any expenditures incurred by or on behalf of the Commission,

• (b) the general expenses incurred by the committees, working groups and other subsidiary bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other subsidiary bodies,

• (c) the general expenses incurred by the committee referred to in paragraph 1 of Annex 10-B.3 of the Agreement and the remuneration and expenses payable to the members of that committee, and

• (d) the expenses incurred by panels established under the Agreement and the remuneration and expenses payable to the panellists on those panels, and to any experts retained by those panels.

Orders

Marginal note:Article 31.19 of Agreement

• 19 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 31.19 of the Agreement, by order, do any of the following:

  • (a) suspend rights or privileges granted by Canada to another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party;

  • (c) extend the application of any federal law to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; or

  • (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.

• Marginal note:Non-application — paragraph (1)(a)

  (3) Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.

• Marginal note:Non-application — paragraph (1)(b)

  (4) Paragraph (1)(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.

Marginal note:Article 31-B.10 of Annex 31-B of Agreement

• 20 (1) On the recommendation of the Minister, the Governor in Council may, for the purpose of imposing remedies in accordance with Article 31-B.10 of Annex 31-B of the Agreement, by order, do any of the following:

  • (a) suspend rights or privileges granted by Canada to another party to the Agreement or to service suppliers or goods of that party under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to service suppliers or goods of that party;

  • (c) extend the application of any federal law to a party to the Agreement other than Canada or to service suppliers or goods of that party; or

  • (d) take any other measure that the Governor in Council considers necessary.

• Marginal note:Consultation

  (2) Before making a recommendation to the Governor in Council, the Minister must consult the Minister of Finance if the proposed remedies include

  • (a) suspending or withdrawing rights or privileges granted by Canada under the Customs Tariff;

  • (b) a measure described in paragraph 53(2)(b) or (d) of that Act; or

  • (c) a measure described in paragraph 53(2)(c) of that Act that is related to a measure referred to in paragraph (a) or (b) of this subsection.

• Marginal note:Period of order

  (3) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

• Marginal note:Retroactive effect

  (4) An order made under subsection (1) may, if it so provides, have retroactive effect.

• Marginal note:Non-application — paragraph (1)(a)

  (5) Paragraph (1)(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act.

• Marginal note:Non-application — paragraph (1)(b)

  (6) Paragraph (1)(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement.

PART 2Related Amendments

R.S., c. C-3Canada Deposit Insurance Corporation Act

21 Section 18 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (3):

R.S., c. C-34Competition Act

• 22 (1) Section 30.01 of the Competition Act is amended by adding the following after paragraph (c):

  • (c.1) the agreement contains one of the following undertakings by the foreign state:

    • (i) that any record or thing provided by Canada will be used only for the purpose for which it was requested, or

    • (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters;

• Marginal note:2002, c. 16, s. 3

  (2) The portion of paragraph 30.01(d) of the Act before subparagraph (i) is replaced by the following:

  • (d) the agreement also contains the following undertakings by the foreign state, namely,

• Marginal note:2002, c. 16, s. 3

  (3) Subparagraph 30.01(d)(ii) of the Act is repealed.

• Marginal note:2002, c. 16, s. 3

  (4) Subparagraph 30.01(d)(v) of the Act is replaced by the following:

  • (v) subject to paragraph (c.1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and

R.S., c. C-42Copyright Act

Amendments to the Act

23 Section 2 of the Copyright Act is amended by adding the following in alphabetical order:

Marginal note:1993, c. 44, s. 58

24 Sections 6.1 and 6.2 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 60(1)

25 Subsection 9(2) of the Act is replaced by the following:

Marginal note:1997, c. 24, s. 9(1)

26 Section 11.1 of the Act is replaced by the following:

Marginal note:2001, c. 27, s. 236

27 Subsection 17(4) of the Act is replaced by the following:

Marginal note:1997, c. 24, s. 14; 2012, c. 20, s. 15(5)

28 Subsections 20(3) and (4) of the Act are repealed.

Marginal note:2012, c. 20, s. 17; 2015, c. 36, s. 81(1)

• 29 (1) Paragraphs 23(1)(a) and (b) of the Act are replaced by the following:

  • (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and

  • (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs.

• Marginal note:2015, c. 36, s. 81(2)

  (2) Subsection 23(1.1) of the Act is replaced by the following:

  • Marginal note:Term of copyright — sound recording

    (1.1) Subject to this Act, copyright in a sound recording subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs.

30 Section 42 of the Act is amended by adding the following after subsection (3.1):

Marginal note:2014, c. 32, s. 5

31 Subsection 44.01(2) of the Act is replaced by the following:

Marginal note:2014, c. 32, s. 5

32 Paragraph 44.04(1)(b) of the Act is replaced by the following:

Marginal note:2018, c. 27, s. 296

33 Paragraph 70(2)(a) of the Act is replaced by the following:

Transitional Provision

Marginal note:No revival of copyright

34 Sections 6.1, 6.2 and 11.1, paragraphs 23(1)(a) and (b) and subsection 23(1.1) of the Copyright Act, as enacted by sections 24, 26 and 29, respectively, do not have the effect of reviving the copyright or a right to remuneration in any work, performer’s performance fixed in a sound recording or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions of that Act.

R.S., c. C-46Criminal Code

Marginal note:2019, c. 25, s. 2

35 Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following:

36 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):

37 The Act is amended by adding the following after section 390:

38 Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):

R.S., c. E-15Excise Tax Act

39 Schedule VII to the Excise Tax Act is amended by adding the following after section 7:

R.S., c. E-19Export and Import Permits Act

Marginal note:1993, c. 44, s. 146

• 40 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Export and Import Permits Act are repealed.

• Marginal note:1997, c. 14, s. 70(2)

  (2) Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following:

  • (a) a CUSMA country,

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  CUSMA

  CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)

  CUSMA country

  CUSMA country means a country that is a party to CUSMA. (pays ACEUM)

• Marginal note:2014, c. 14, s. 17(2)

  (4) Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

• (5) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.

Marginal note:1997, c. 14, s. 71

41 The definitions contribute importantly and surge in subsection 4.2(1) of the Act are replaced by the following:

Marginal note:1997, c. 14, s. 72(1)

42 Paragraph 5(4)(b) of the Act is replaced by the following:

Marginal note:2001, c. 28, s. 49

• 43 (1) Subsection 6.1(1) of the Act is replaced by the following:

  Marginal note:Definition of originating goods

  • 6.1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.

• Marginal note:2001, c. 28, s. 49

  (2) The portion of subsection 6.1(2) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:When Minister may take measures

    (2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out

• Marginal note:2001, c. 28, s. 49

  (3) Subsection 6.1(3) of the Act is replaced by the following:

  • Marginal note:Factors to be considered

    (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.

Marginal note:2017, c. 6, s. 20

• 44 (1) Subsection 6.2(1.1) of the Act is replaced by the following:

  • Marginal note:Determination of quantities — export

    (1.1) If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.

• (2) Section 6.2 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Export charges on certain dairy products — CUSMA

    (5) The Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.

Marginal note:1997, c. 14, s. 75

45 Subsection 8(3) of the Act is replaced by the following:

46 Section 12 of the Act is amended by adding the following after paragraph (c):

47 Schedule 2 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Schedules to Annex 302.2, in accordance with Appendix 6 of Annex 300-B”.

48 Schedule 2 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Schedules to Annex 2-B in accordance with Annex 6-A”.

49 Schedule 3 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Appendix 1.1 of Annex 300-B”.

50 Schedule 3 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Section C of Annex 6-A”.

51 Schedule 4 to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “Appendix 6 to Annex 300-B of NAFTA” and the corresponding reference in column 3 to “Schedules to Annex 302.2 of NAFTA, in accordance with Appendix 6 to Annex 300-B of NAFTA”.

52 Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “Annex 6-A” in column 2 and a corresponding reference to “Schedules to Annex 2-B in accordance with Section C of Annex 6-A” in column 3.

R.S., c. F-10Fertilizers Act

Marginal note:1994, c. 47, s. 115

53 Subsections 5(2) and (3) of the Fertilizers Act are replaced by the following:

R.S., c. F-11Financial Administration Act

Marginal note:1993, c. 44, s. 156

54 The portion of subsection 85(2) of the Financial Administration Act before paragraph (a) is replaced by the following:

Marginal note:1993, c. 44, s. 157

55 Division V of Part X of the Act is repealed.

56 Schedule VII to the Act is amended by adding the following in alphabetical order:

R.S., c. F-27Food and Drugs Act

57 Section 14 of the Food and Drugs Act is replaced by the following:

• 58 (1) Paragraph 30(1)(n) of the Act is replaced by the following:

  • (n) respecting the distribution or the conditions of distribution of drugs as samples;

• Marginal note:2014, c. 24, s. 6(6)

  (2) Subsection 30(3) of the Act is replaced by the following:

  • Marginal note:Regulations — Canada–United States–Mexico Agreement and WTO Agreement

    (3) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.48 and 20.49 of the Canada–United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

• Marginal note:1994, c. 47, s. 117

  (3) The definition North American Free Trade Agreement in subsection 30(4) of the Act is repealed.

• (4) Subsection 30(4) of the Act is amended by adding the following in alphabetical order:

  Canada–United States–Mexico Agreement

  Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)

R.S., c. G-10Canada Grain Act

59 The heading before section 2 of the French version of the Canada Grain Act is replaced by the following:

Marginal note:1994, c. 45, s. 1(3)

• 60 (1) The definitions contaminated and foreign grain in section 2 of the Act are repealed.

• (2) The definitions eastern grain and western grain in section 2 of the Act are replaced by the following:

  eastern grain

  eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)

  western grain

  western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest)

• (3) Section 2 of the Act is amended by adding the following in alphabetical order:

  imported grain

  imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)

61 The Act is amended by adding the following after section 2:

62 Paragraph 14(1)(a) of the Act is replaced by the following:

63 The Act is amended by adding the following after section 15:

• 64 (1) The portion of paragraph 32(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) if the grain was grown in Canada or the United States,

• (2) Paragraph 32(1)(b) of the Act is replaced by the following:

  • (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,

    • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

    • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.

65 The Act is amended by adding the following after section 58:

Marginal note:1994, c. 45, s. 16

66 Section 61 of the Act is replaced by the following:

Marginal note:1994, c. 45, s. 25; 2011, c. 25, s. 27

67 The heading before section 83.1 and sections 83.1 to 84 of the Act are replaced by the following:

• 68 (1) Subsection 116(1) of the Act is amended by adding the following after paragraph (c):

  • (c.1) prescribing circumstances in which an inspector, under paragraph 32(1)(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it;

• (2) Paragraph 116(1)(h) of the Act is replaced by the following:

  • (h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator;

69 The Act is amended by adding the following after section 118:

R.S., c. I-3Importation of Intoxicating Liquors Act

Marginal note:1993, c. 44, s. 159

• 70 (1) The definition NAFTA country in section 2 of the Importation of Intoxicating Liquors Act is repealed.

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  CUSMA country

  CUSMA country means a country that is a party to the Agreement as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (pays ACEUM)

Marginal note:2002, c. 22, par. 411(7)(b)

71 The portion of paragraph 3(2)(c) of the Act before subparagraph (ii) is replaced by the following:

R.S., c. S-15Special Import Measures Act

Amendments to the Act

Marginal note:1993, c. 44, s. 201(2)

• 72 (1) The definitions government of a NAFTA country, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Special Import Measures Act are repealed.

• Marginal note:2010, c. 12, s. 1782

  (2) The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following:

  Canadian Secretary

  Canadian Secretary means

  • (a) when Part I.1 is in force, the Secretary referred to in section 14 of the Canada–United States–Mexico Agreement Implementation Act, and

  • (b) when Part II is in force, the Secretary appointed under subsection 77.24(1); (secrétaire canadien)

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  Canada–United States–Mexico Agreement

  Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)

  CUSMA country

  CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM)

  government of a CUSMA country

  government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM)

Marginal note:1993, c. 44, s. 204

73 The portion of subsection 9.01(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:2017, c. 20, s. 72

74 The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:1993, c. 44, s. 209

75 Subsection 43(1.01) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 212; 2005. c. 38, par. 136(b)(F)

76 Paragraphs 56(1.01)(a) and (b) of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 214; 2005, c. 38, par. 134(z.12)

77 Paragraphs 58(1.1)(a) and (b) of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)

78 Subsections 59(3.1) and (3.2) of the Act are replaced by the following:

Marginal note:2017, c. 20, s. 89

• 79 (1) Paragraph 70(1)(b) of the Act is replaced by the following:

  • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:2017, c. 20, s. 89

  (2) Paragraph 70(2)(b) of the Act is replaced by the following:

  • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

• Marginal note:2017, c. 20, s. 89

  (3) Paragraph 70(3)(b) of the Act is replaced by the following:

  • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

Marginal note:1999, c. 12, s. 36

80 Subsection 76.04(1) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

81 The heading of Part I.1 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

• 82 (1) The definition NAFTA country Secretary in subsection 77.01(1) of the English version of the Act is repealed.

• Marginal note:1993, c. 44, s. 218

  (2) The definition rules in subsection 77.01(1) of the Act is replaced by the following:

  rules

  rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles)

• Marginal note:1993, c. 44, s. 218

  (3) The definition secrétaire national in subsection 77.01(1) of the French version of the Act is replaced by the following:

  CUSMA country Secretary

  secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.6 de l’Accord Canada–États-Unis–Mexique. (CUSMA country Secretary)

• Marginal note:1993, c. 44, s. 218; 2002, c. 8, s. 172

  (4) The portion of the definition definitive decision in subsection 77.01(1) of the Act before paragraph (a) is replaced by the following:

  definitive decisions

  definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods:

• Marginal note:2002, c. 8, s. 172

  (5) The portion of the definition definitive decision in subsection 77.01(1) of the English version of the Act after paragraph (j) is repealed.

• (6) Subsection 77.01(1) of the English version of the Act is amended by adding the following in alphabetical order:

  CUSMA country Secretary

  CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; (secrétaire national)

Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10); 2005, c. 38, par. 135(b)(E)

• 83 (1) Subsections 77.011(1) to (4) of the Act are replaced by the following:

  Marginal note:Request for review of definitive decision

  • 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.

  • Marginal note:Idem

    (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

  • Marginal note:Deeming

    (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.

  • Marginal note:Limitation period

    (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country.

• Marginal note:1993, c. 44, s. 218

  (2) Subsection 77.011(6) of the Act is replaced by the following:

  • Marginal note:Notification of request for review

    (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.

Marginal note:1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)

• 84 (1) Subparagraph 77.012(1)(a)(ii) of the English version of the Act is replaced by the following:

  • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and

• Marginal note:1999, c. 12, s. 39

  (2) Paragraph 77.012(1)(b) of the English version of the Act is replaced by the following:

  • (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

• Marginal note:1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)

  (3) Subsection 77.012(1) of the French version of the Act is replaced by the following:

  Marginal note:Demandes et appels

  • 77.012 (1) Nul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.

• Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

  (4) Subsection 77.012(2) of the English version of the Act is replaced by the following:

  • Marginal note:Limitation period extended

    (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

Marginal note:1993, c. 44, s. 218

• 85 (1) Subsection 77.013(1) of the Act is replaced by the following:

  Marginal note:Appointment of panel

  • 77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

• Marginal note:2017, c. 20, s. 94

  (2) Subsection 77.013(3) of the Act is replaced by the following:

  • Marginal note:Single panel

    (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.

Marginal note:1993, c. 44, s. 218

• 86 (1) Subsection 77.015(1) of the Act is replaced by the following:

  Marginal note:Conduct of review

  • 77.015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules.

• Marginal note:1993, c. 44, s. 218

  (2) Subsection 77.015(5) of the Act is replaced by the following:

  • Marginal note:Decision

    (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.

Marginal note:1993, c. 44, s. 218

87 Sections 77.017 and 77.018 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 218

• 88 (1) Subsection 77.019(1) of the Act is replaced by the following:

  Marginal note:Conduct of extraordinary challenge proceeding

  • 77.019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules.

• Marginal note:1993, c. 44, s. 218

  (2) Subsection 77.019(6) of the Act is replaced by the following:

  • Marginal note:Decision

    (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.

Marginal note:1993, c. 44, s. 218

89 Subsection 77.021(1) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

90 Section 77.022 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

91 Section 77.023 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

92 Subsection 77.024(1) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

93 Section 77.025 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

94 Sections 77.027 and 77.028 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 218

• 95 (1) Subsection 77.029(1) of the Act is replaced by the following:

  Marginal note:Suspension of benefits

  • 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.

• Marginal note:1993, c. 44, s. 218

  (2) The portion of subsection 77.029(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Powers

    (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

• Marginal note:1993, c. 44, s. 218

  (3) Paragraph 77.029(2)(a) of the Act is replaced by the following:

  • (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament;

• Marginal note:1993, c. 44, s. 218

  (4) Subsection 77.029(6) of the Act is replaced by the following:

  • Marginal note:Action consistent with determination

    (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination.

Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

96 Sections 77.03 to 77.033 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 218

97 Paragraph 77.034(1)(c) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

• 98 (1) Paragraph 77.035(a) of the Act is replaced by the following:

  • (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;

• Marginal note:1993, c. 44, s. 218

  (2) Paragraph 77.035(c) of the Act is replaced by the following:

  • (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and

Marginal note:1993, c. 44, s. 218

99 Section 77.036 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

100 Section 77.037 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 219; 2005, c. 38, par. 134(z.28)

101 Section 83.1 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 221; 2002, c. 8. par. 182(1)(z.10); 2005, c. 38, par. 134(z.37)

102 Subsection 96.11(1) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 222; 1999, c. 12, art. 48(F)

103 Subsections 96.21(1) to (5) of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 223(1)

• 104 (1) Paragraph 97(1)(g.11) of the Act is replaced by the following:

  • (g.11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);

• Marginal note:1993, c. 44, s. 223(2)

  (2) Paragraphs 97(1)(g.21) and (g.22) of the Act are replaced by the following:

  • (g.21) defining the expression goods of a CUSMA country for the purpose of this Act;

  • (g.22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

Transitional Provisions

Marginal note:Definition of commencement day

105 In sections 106 and 107, commencement day means the day fixed under subsection 213(1).

Marginal note:Pending proceedings

106 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day.

Marginal note:New proceedings

107 If proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day.

R.S., c. T-13Trademarks Act

108 Section 20 of the Trademarks Act is amended by adding the following after subsection (1):

Marginal note:2014, c. 32, s. 43

• 109 (1) Subsection 51.03(2) of the Act is amended by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).

• Marginal note:2017, c. 6, s. 71

  (2) Subsection 51.03(2.3) of the Act is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

• (3) Section 51.03 of the Act is amended by adding the following after subsection (2.3):

  • Marginal note:Customs transit or transhipment control

    (2.4) For the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release.

Marginal note:2014, c. 32, s. 43

110 Paragraph 51.06(1)(b) of the Act is replaced by the following:

R.S., c. 28 (1st Supp.)Investment Canada Act

Marginal note:1994, c. 47, s. 134

111 Subsections 24(2) to (5) of the Investment Canada Act are replaced by the following:

112 The schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA Agreement within the meaning of subsection 24(4) of this Act” and the corresponding reference in column 2 to “Article 201”.

113 The schedule to the Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of subsection 24(4) of this Act” and a corresponding reference in column 2 to “Article 1.5”.

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:1993, c. 44, s. 81

• 114 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Customs Act are repealed.

• (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  CUSMA

  CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)

  CUSMA country

  CUSMA country means a country that is a party to CUSMA; (pays ACEUM)

Marginal note:1993, c. 44, s. 83; 2001, c. 25, s. 30(3)

115 Subsection 35.02(4) of the Act is repealed.

Marginal note:1988, c. 65, s. 69; 2018, c. 23, s. 21

• 116 (1) Subsections 35.1(3) and (3.1) of the Act are replaced by the following:

  • Marginal note:Who furnishes

    (3) Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished in accordance with subsection (1) by the importer or owner of the goods.

  • Marginal note:Certificate of origin completed by importer

    (3.1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, 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:1988, c. 65, s. 69

  (2) The portion of subsection 35.1(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Regulations

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

Marginal note:1997, c. 14, s. 38

117 The heading “Conduct of Verification” before section 42.1 of the Act is replaced by the following:

Marginal note:1997, c. 14, s. 38; 1997, c. 36, s. 161

• 118 (1) Subsection 42.1(1) of the Act is amended by adding “or” after paragraph (a) and by repealing paragraph (b).

• (2) Subsection 42.1(1) of the Act is amended by striking out “or” after paragraph (a), by adding “or” after paragraph (b) and by adding the following after paragraph (b).

  • (c) enter any prescribed premises or place at any reasonable time to verify the amount, if any, of

    • (i) a relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a CUSMA country, or

    • (ii) a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country.

Marginal note:2014, c. 14, s. 24

119 Subsections 42.3(1) to (4) of the Act are replaced by the following:

120 The Act is amended by adding the following after section 42.4:

Marginal note:1993, c. 44, s. 88; 1997, c. 36, s. 165; 2001, c. 25, s. 39(2)(F); 2005, c. 38, s. 72

121 Section 57.01 of the Act and the heading before it are repealed.

Marginal note:2001, c. 25, s. 41(1)

• 122 (1) The portion of paragraph 59(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) in the case of a determination under section 58, re-determine the origin, tariff classification or value for duty of any imported goods at any time within

• Marginal note:2001, c. 25, s. 41(2)

  (2) Subsection 59(2) of the Act is replaced by the following:

  • Marginal note:Notice requirement

    (2) An officer who makes a determination under subsection 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons.

• Marginal note:2001, c. 25, s. 41(3)

  (3) The portion of subsection 59(3) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Paiement ou remboursement

    (3) Les personnes visées par règlement qui ont été avisées de la détermination, de la révision ou du réexamen en application du paragraphe (2) doivent, en conformité avec la détermination, la révision ou le réexamen, selon le cas :

Marginal note:2001, c. 25, s. 42(1)

• 123 (1) Subsection 60(1) of the Act is replaced by the following:

  Marginal note:Request for re-determination or further re-determination

  • 60 (1) A person to whom notice is given under subsection 59(2) in respect of goods may, within 90 days after the notice is given, request a re-determination or further re-determination of origin, tariff classification or value for duty. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing.

• Marginal note:2001, c. 25, s. 42(3)

  (2) Subsection 60(4) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (a) and by repealing paragraph (c).

Marginal note:1997, c. 36, s. 166; 2001, c. 25, s. 44

124 Subsection 61(1) of the Act is amended by adding “and” after paragraph (a) and by repealing paragraph (b).

Marginal note:2001, c. 25, s. 46

125 Subsection 65.1(3) of the Act is repealed.

Marginal note:1997, c. 14, s. 43(1); 1999, c. 31, s. 71(F)

126 Paragraph 74(1)(c.1) of the Act is replaced by the following:

Marginal note:1997, c. 14, s. 44

• 127 (1) Subsection 97.1(1) of the French version of the Act is replaced by the following:

  Marginal note:Certification de l’origine : marchandises exportées vers un partenaire de libre-échange

  • 97.1 (1) Quiconque exporte vers un partenaire de libre-échange des marchandises pour lesquelles sera demandé le traitement tarifaire préférentiel découlant d’un accord de libre-échange conformément aux lois du partenaire de libre-échange est tenu de certifier par écrit, selon les modalités réglementaires, en la forme et avec les renseignements déterminés par le ministre, que les marchandises en cause sont conformes aux règles d’origine prévues par l’accord de libre-échange applicable; dans le cas où l’exportateur des marchandises n’en est pas le producteur, il remplit et signe le certificat conformément aux critères réglementaires.

• Marginal note:2018, c. 23, s. 25

  (2) The portion of subsection 97.1(1.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Certificate of Origin — CPTPP or CUSMA

    (1.1) If an exporter or producer of goods that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, 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; 2018, c. 23, s. 25(2)(E)

  (3) Subsection 97.1(2) of the French version of the Act is replaced by the following:

  • Marginal note:Exemplaire du certificat

    (2) Tout exportateur ou producteur de marchandises qui, afin de permettre à une personne de se conformer aux lois douanières applicables d’un partenaire de libre-échange, remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande.

• Marginal note:2001, c. 25, s. 56(F); 2018, c. 23, s. 25(2)(E)

  (4) Subsection 97.1(3) of the English version of the Act is replaced by the following:

  • 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 each CPTPP country or CUSMA country to whom the certificate was given of the correct information.

128 Part 1 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “NAFTA” and the corresponding reference in column 3 to “United States Tariff, Mexico Tariff or Mexico-United States Tariff rates of customs duty under the Customs Tariff”.

129 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “CUSMA” in column 2 and a corresponding reference to “United States Tariff or Mexico Tariff rates of customs duty under the Customs Tariff” in column 3.

130 Part 2 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Article 514”.

131 Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “paragraph 17 of Article 5.9” in column 2.

132 Part 3 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country” and the corresponding reference in column 2 to “paragraph 1 of Article 509 of NAFTA”.

133 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “paragraph 4 of Article 7.5 of CUSMA” in column 2.

134 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “CUSMA” in column 2.

135 Part 5 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Chapters Three and Five”.

136 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “Chapters 4 to 7” in column 2.

R.S., c. 17 (2nd Supp.)Commercial Arbitration Act

Marginal note:1997, c. 14, s. 32

• 137 (1) Paragraph 5(4)(a) of the Commercial Arbitration Act is repealed.

• (2) Subsection 5(4) of the Act is amended by adding the following after paragraph (a):

  • (a.1) a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.D.3 of that Agreement;

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

Amendments to the Act

Marginal note:2018, c. 23, s. 32(1)

• 138 (1) The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:

  textile and apparel goods

  textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)

• Marginal note:1993, c. 44, s. 32(3)

  (2) Subsection 2(2) of the Act is replaced by the following:

  • Marginal note:Same meaning

    (2) In this Act,

    • (a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and

    • (b) CUSMA country means a country that is a party to the Agreement.

• Marginal note:2018, c. 23, s. 32(3)

  (3) Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

• (4) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.

Marginal note:1993, c. 44, s. 33

139 Section 2.1 of the Act is replaced by the following:

Marginal note:1994, c. 47, s. 31; 1997, c. 36, s. 193

140 Section 19.01 of the Act is repealed.

Marginal note:1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)(F) and (c)(F)

141 Sections 20 and 20.01 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 38

• 142 (1) Subsection 20.2(1) of the Act is replaced by the following:

  Marginal note:Terms of reference

  • 20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

• Marginal note:1993, c. 44, s. 38

  (2) Subsections 20.2(3) and (4) of the Act are replaced by the following:

  • Marginal note:Tabling of report

    (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 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

    (4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.

Marginal note:1997, c. 36, s. 196(1)

143 Subsections 23(1.01) to (1.03) of the Act are repealed.

Marginal note:2014, c. 14, s. 36

144 Paragraph 25(2)(c) of the Act is replaced by the following:

Marginal note:1997, c. 36, s. 197(1)

• 145 (1) Subparagraphs 26(1)(a)(i.1) to (i.3) of the Act are repealed.

• Marginal note:2001, c. 28, s. 24(2)

  (2) Subsection 26(2.1) of the Act is replaced by the following:

  • Marginal note:Copies to Minister

    (2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).

Marginal note:1997, c. 36, s. 198(1)

• 146 (1) Paragraphs 27(1)(a.1) to (a.3) of the Act are repealed.

• Marginal note:1993, c. 44, s. 43(2)

  (2) Subsection 27(2.1) of the Act is repealed.

Marginal note:1993, c. 44, s. 44

• 147 (1) Subsection 30.01(1) of the Act is replaced by the following:

  Marginal note:Definition of surge

  • 30.01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period.

• Marginal note:1994, c. 47, s. 37

  (2) Paragraph 30.01(2)(b) of the Act is replaced by the following:

  • (b) the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.

• Marginal note:1994, c. 47, s. 37

  (3) Subsection 30.01(2.1) of the Act is replaced by the following:

  • Marginal note:Allegations

    (2.1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Marginal note:1993, c. 44, s. 47; 2014, c. 20, s. 454

148 Section 44.1 of the Act is replaced by the following:

Transitional Provisions

Marginal note:Definition of commencement day

149 In sections 150 and 151, commencement day means the day fixed under subsection 213(1).

Marginal note:Pending proceedings

• 150 (1) Subject to subsection (2), proceedings that are pending under the Canadian International Trade Tribunal Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on that day.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of inquiries under section 19.01 or any of subparagraphs 26(1)(a)(i.1), (i.2) or (i.3) of that Act.

Marginal note:New proceedings

151 If proceedings under the Canadian International Trade Tribunal Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on the commencement day.

1991, c. 11Broadcasting Act

152 Section 27 of the Broadcasting Act is replaced by the following:

1991, c. 45Trust and Loan Companies Act

153 Section 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order:

154 Section 244 of the Act is amended by adding the following after subsection (3):

Marginal note:2007, c. 6, s. 353

155 Subsection 250(2) of the Act is replaced by the following:

156 Section 252 of the Act is replaced by the following:

157 Section 256 of the Act is amended by adding the following after subsection (2):

1991, c. 46Bank Act

158 Section 2 of the Bank Act is amended by adding the following in alphabetical order:

159 The Act is amended by adding the following after section 14.1:

160 Section 239 of the Act is amended by adding the following after subsection (3):

Marginal note:2007, c. 6, s. 17

161 Subsection 245(2) of the Act is replaced by the following:

162 Section 247 of the Act is replaced by the following:

163 Section 251 of the Act is amended by adding the following after subsection (2):

164 Section 597 of the Act is amended by adding the following after subsection (2):

Marginal note:2007, c. 6, s. 95

165 Section 598 of the Act is replaced by the following:

166 Section 816 of the Act is amended by adding the following after subsection (1):

Marginal note:2007, c. 6, s. 117

167 Subsection 822(2) of the Act is replaced by the following:

Marginal note:2001, c. 9, s. 183

168 Section 824 of the Act is replaced by the following:

169 Section 828 of the Act is amended by adding the following after subsection (2):

170 The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 1 to this Act.

1991, c. 47Insurance Companies Act

171 Section 2 of the Insurance Companies Act is amended by adding the following in alphabetical order:

172 Section 262 of the Act is amended by adding the following after subsection (3):

Marginal note:2007, c. 6, s. 212

173 Subsection 268(2) of the Act is replaced by the following:

174 Section 270 of the Act is replaced by the following:

175 Section 274 of the Act is amended by adding the following after subsection (2):

176 Section 549.1 of the Act is renumbered as subsection 549.1(1) and is amended by adding the following:

177 Section 647 of the Act is amended by adding the following after subsection (3):

178 Subsection 656(2) of the Act is replaced by the following:

179 Section 870 of the Act is amended by adding the following after subsection (1):

Marginal note:2007, c. 6, s. 322

180 Subsection 876(2) of the Act is replaced by the following:

Marginal note:2001, c. 9, s. 465

181 Section 878 of the Act is replaced by the following:

182 Section 879 of the Act is amended by adding the following after paragraph (a):

1997, c. 36Customs Tariff

• 183 (1) The definitions Canada-United States Free Trade Agreement, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Customs Tariff are repealed.

• (2) The definition Mexico in subsection 2(1) of the Act is replaced by the following:

  Mexico

  Mexico has the meaning assigned by paragraph (b) of the definition territory in Section C of Chapter 1 of the Canada–United States–Mexico Agreement. (Mexique)

• (3) Paragraph (a) of the definition free trade partner in subsection 2(1) of the Act is replaced by the following:

  • (a) the United States;

  • (a.1) Mexico;

• (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  Canada–United States–Mexico Agreement

  Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)

Marginal note:2012, c. 18, s. 33, c. 26, s. 39 and s. 62(37); 2014, c. 28, s. 44

• 184 (1) Section 5 of the Act is amended by striking out the following from the list of countries:

  • a NAFTA country

• (2) Section 5 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

Marginal note:2012, c. 26, s. 63(2)

185 Subparagraphs 14(2)(c)(iv) and (v) of the Act are repealed.

186 Paragraph 16(4)(a) of the Act is replaced by the following:

Marginal note:2011, c. 24, s. 115

187 Subparagraph 24(1)(b)(v) of the Act is replaced by the following:

Marginal note:2012, c. 26, s. 63(3)

• 188 (1) Section 27 of the Act is amended by striking out the following:

  MT

  MT refers to the Mexico Tariff. (TM)

  MUST

  MUST refers to the Mexico–United States Tariff. (TMÉU)

• (2) Section 27 of the Act is amended by adding the following in alphabetical order:

  MXT

  MXT refers to the Mexico Tariff. (TMX)

189 The heading before section 45 of the Act is replaced by the following:

190 Subsections 45(3) to (13) of the Act are replaced by the following:

• 191 (1) Paragraph 53(2)(c) of the Act is replaced by the following:

  • (c) include on the Import Control List established under section 5 of the Export and Import Permits Act goods that originate in any country or are entitled to a tariff treatment provided for by any regulations made under section 16, or a class of such goods; and

• (2) Section 53 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Retroactivity

    (3.1) An order made under subsection (2) may, if it so provides, be retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this subsection comes into force.

Marginal note:2011, c. 24, s. 124

• 192 (1) The definition contribute importantly in section 54 of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

• (2) The definition contribute importantly in section 54 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

• Marginal note:2011, c. 24, s. 124

  (3) Paragraph (a) of the definition surge in section 54 of the Act is replaced by the following:

  • (a) the United States or Mexico, means a significant increase in imports over the trend for a recent representative base period; or

• 193 (1) Paragraph 59(1)(b) of the Act is replaced by the following:

  • (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

• (2) Paragraph 59(2)(b) of the Act is replaced by the following:

  • (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

• (3) Paragraph 59(3)(a) of the Act is replaced by the following:

  • (a) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

194 Subsection 61(2) of the Act is replaced by the following:

195 Paragraph 63(4)(b) of the Act is replaced by the following:

Marginal note:2018, c. 27, ss. 70 and 71

196 The heading before section and sections 69 and 70 of the Act are repealed.

Marginal note:2012, c. 26, s. 63(4)

197 Paragraphs 79(e) and (f) of the Act are repealed.

• 198 (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Repayment of relief

  • 95 (1) If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the United States or Mexico,

• Marginal note:2005, c. 38, par. 145(2)(j)

  (2) Subsections 95(3) to (5) of the Act are replaced by the following:

  • Marginal note:Reduction of amount repayable

    (4) The amount of the customs duties levied under subsection (1) shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of the United States or of Mexico.

  • Marginal note:Amount of reduction

    (5) Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the United States or of Mexico or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero.

• (3) Paragraph 95(6)(a) of the Act is replaced by the following:

  • (a) imported goods that originate in the United States or Mexico that are

    • (i) subsequently exported to the United States or Mexico,

    • (ii) used as materials in the production of goods that are subsequently exported to the United States or Mexico, or

    • (iii) substituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to the United States or Mexico;

• (4) Paragraph 95(6)(d) of the Act is replaced by the following:

  • (d) imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading 5811.00 and furniture moving pads provided for under subheading 6307.90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country;

• (5) Subparagraph 95(6)(f)(iv) of the Act is replaced by the following:

  • (iv) used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of the United States or of Mexico, or with a project in Canada undertaken by the government of the United States or of Mexico and destined to become the property of the government of the United States or of Mexico; and

• (6) Paragraph 95(6)(g) of the Act is replaced by the following:

  • (g) such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of the United States or of Mexico relating to the application of this subsection.

• (7) Subsection 95(7) of the Act is replaced by the following:

  • Marginal note:Definitions of identical or similar goods and used

    (7) In this section, identical or similar goods and used have the same meanings as in paragraph 7 of Article 2.5 of the Canada–United States–Mexico Agreement.

199 Sections 96 and 97 of the Act are replaced by the following:

200 The portion of subsection 98(1) of the Act before paragraph (a) is replaced by the following:

201 Paragraph 132(1)(m) of the Act is amended by adding the following after subparagraph (i):

Marginal note:2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(1), c. 28, s. 54(1); 2018, c. 23, s. 46(1)

• 202 (1) Paragraph 133(j) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

• (2) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

• Marginal note:2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(2), c. 28, s. 54(2); 2018, c. 23, s. 46(2)

  (3) Paragraph 133(j.1) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

• (4) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

• 203 (1) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the references to “MT” and “MUST” opposite the reference to “Mexico”.

• (2) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “Puerto Rico”.

• (3) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “United States of America”.

• (4) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “MXT” opposite the reference to “Mexico”.

• 204 (1) The List of Tariff Provisions set out in the schedule to the Act is amended by striking out all the references to “UST:”, “MT:” and “MUST:” and all the rates of customs duty and staging categories that are set out after those references and are in respect of the tariffs in question.

• (2) The List of Tariff Provisions set out in the schedule to the Act is amended by

  • (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “CT”, a reference to “UST:”;

  • (b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “CT”, a reference to “UST:”;

  • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UST”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UST”, for all tariff items except those tariff items set out in Schedules 2 to 4 to this Act;

  • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UST” for those tariff items set out in Schedule 2 to this Act; and

  • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UST”, for each tariff item set out in Schedule 3 to this Act, the rates of customs duty and staging categories set out with respect to that tariff item in that Schedule.

• (3) The List of Tariff Provisions set out in the schedule to the Act is amended by

  • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “UST”, a reference to “MXT:”;

  • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “UST”, a reference to “MXT:”;

  • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “MXT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “MXT”, for all tariff items except those tariff items set out in Schedule 5 to this Act; and

  • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “MXT” for those tariff items set out in Schedule 5 to this Act.

• (4) Supplementary Note 1 to Chapter 16 of the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

  • 1 “Specially defined mixtures” of tariff item Nos. 1602.31.11, 1602.31.92, 1602.32.11 and 1602.32.92 means a product containing partially or fully cooked, including par-fried, chicken or turkey where 13% or more of the total weight of the product is comprised of goods other than the following listed goods: chicken, turkey, breading, batter, oil, glazing, sauces, other coatings or bastes, or any added water (including that used in marination, glazing, sauces, other coatings, bastes, breading or batter). For the purposes of this definition, whether 13% or more of the total weight of the product is comprised of goods other than the listed goods shall be determined by calculating the total weight of listed goods contained in that product as a percentage of the total weight of the product.

• (5) Supplementary Note 1 to Section XI of the List of Tariff Provisions set out in the schedule to the Act and the heading before that supplementary note are struck out.

• (6) Subparagraph (b)(iv) of the Description of Goods of tariff item No. 9801.10.20 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

  • (iv) have an internal volume of at least 1 m³;

• (7) Paragraph (f) set out below the reference to “Used or second-hand motor vehicles of all kinds, manufactured prior to the calendar year in which importation into Canada is sought to be made, other than motor vehicles” of the Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

  • (f) imported from Mexico

• (8) The Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding the following after the reference “Goods manufactured or produced wholly or in part by prison labour”:

  Goods mined, manufactured or produced wholly or in part by forced labour;

• (9) The Description of Goods of tariff item No. 9938.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) indigenous handicraft goods.

• 205 (1) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by striking out all the references to “MT:” and “MUST:” and all the rates of customs duty and dates that are set out after those references and are in respect of the tariffs in question.

• (2) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 4 to this Act.

2002, c. 28Pest Control Products Act

206 Subsections 67(3) and (4) of the Pest Control Products Act are replaced by the following:

2019, c. 28, s. 10Canadian Energy Regulator Act

207 Paragraph 353(1)(g) of the Canadian Energy Regulator Act is replaced by the following:

• 208 (1) The definition NAFTA in section 373 of the Act is repealed.

• (2) Section 373 of the Act is amended by adding the following in alphabetical order:

  CUSMA

  CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)

209 Subsections 374(1) and (2) of the Act are replaced by the following:

210 Sections 375 and 376 of the Act are replaced by the following:

211 Subsections 377(1) and (2) of the Act are replaced by the following:

212 The portion of section 378 of the Act before paragraph (a) is replaced by the following:

PART 3Coming into Force

Marginal note:Order in council

• 213 (1) Subject to subsections (2) to (4), this Act comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:First anniversary

  (2) Sections 21 and 153 to 182 come into force on the earlier of

  • (a) a day to be fixed by order of the Governor in Council, and

  • (b) the day before the first anniversary of the day fixed under subsection (1).

• Marginal note:Sixth anniversary

  (3) Subsection 114(1), section 115, subsection 118(1) and sections 119, 121 to 126, 128, 130, 132 and 135 come into force on the sixth anniversary of the day fixed under subsection (1).

• Marginal note:Order in council

  (4) Subsection 137(1) comes into force on a day to be fixed by order of the Governor in Council.

SCHEDULE 4(Paragraph 204(2)(c) and subsection 205(2))

Tariff Item	Most-Favoured-Nation Tariff	Preferential Tariff
0404.10.22		Effective on the day on which the Canada–United States–Mexico Agreement enters into force	UST: 189% but not less than $1.88/kg
		Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 170% but not less than $1.69/kg
		Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 151% but not less than $1.50/kg
		Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 132% but not less than $1.31/kg
		Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 113% but not less than $1.12/kg
		Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 94.5% but not less than $0.94/kg
		Effective on January 1 of the sixth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 75.5% but not less than $0.75/kg
		Effective on January 1 of the seventh year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 56.5% but not less than $0.56/kg
		Effective on January 1 of the eighth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 37.5% but not less than $0.37/kg
		Effective on January 1 of the ninth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 18.5% but not less than $0.18/kg
		Effective on January 1 of the tenth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: Free
1517.10.20		Effective on the day on which the Canada–United States–Mexico Agreement enters into force	UST: 68.56¢/kg
		Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 54.85¢/kg
		Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 41.14¢/kg
		Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 27.42¢/kg
		Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 13.71¢/kg
		Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: Free
1517.90.22		Effective on the day on which the Canada–United States–Mexico Agreement enters into force	UST: 181.5% but not less than $2.05/kg
		Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 145% but not less than $1.64/kg
		Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 109% but not less than $1.23/kg
		Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 72.5% but not less than $0.82/kg
		Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: 36% but not less than $0.41/kg
		Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force	UST: Free