Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)
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Assented to 2020-03-13
PART 1Implementation of Agreement (continued)
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(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.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):
Marginal note:Records retained outside Canada
(3.1) Where a member institution that is authorized to do so under the by-laws retains at a place outside Canada records referred to in the policy of deposit insurance, including for the purpose of any examination by or on behalf of the Corporation, the Corporation may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), direct the institution to maintain a copy of those records in Canada:
(a) if the Corporation is of the opinion that it does not have immediate, direct, complete and ongoing access to those records; or
(b) if the Corporation is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the institution not to maintain a copy of those records in Canada.
Marginal note:By-laws
(3.2) The Board may make by-laws respecting:
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:
- 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)
- Date modified: