C-1824369-70Elizabeth II2020-2021An Act to implement the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern IrelandCanada–United Kingdom Trade Continuity Agreement Implementation ActCanada–United Kingdom Trade Continuity Agreement Implementation Act20214
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C-10.561202190976Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Canada–United Kingdom Trade Continuity Agreement Implementation Act.InterpretationDefinitionsThe following definitions apply in this section and in sections 3 to 15.Agreement means the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020. (Accord)Canada–U.K. Joint Committee means the Canada–U.K. Joint Committee established under the Agreement and whose powers, functions and duties are set out in Chapter Twenty-Six of CETA. (Comité mixte Canada–R.-U.)CETA means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. (AÉCG)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 means the Minister for International Trade. (ministre)Interpretation consistent with AgreementFor 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.References to CETA provisionsA reference in this Act to a provision of CETA is a reference to that provision as incorporated by reference in the Agreement.Non-application of Act and Agreement to waterFor greater certainty, nothing in this Act or the Agreement, except Chapters Twenty-Two and Twenty-Four of CETA, applies to natural surface or ground water in liquid, gaseous or solid state.ConstructionFor 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 MajestyBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada.PurposePurposeThe purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are toestablish a free trade area in accordance with the Agreement;promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the United Kingdom in order to create opportunities for economic development;promote conditions of fair competition affecting trade between Canada and the United Kingdom;substantially increase investment opportunities in Canada and the United Kingdom, while preserving the right of each party to the Agreement to regulate to achieve legitimate policy goals;eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies;protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters and build on the respective international commitments of Canada and the United Kingdom on labour matters;enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the United Kingdom on environmental matters; andpromote sustainable development.Causes of ActionCauses of action under sections 10 to 15No 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 10 to 15 or an order made under those sections.Causes of action under AgreementNo 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.ExceptionSubsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Section F of Chapter Eight or Article 13.21 of CETA.Implementation of the AgreementApproval and Representation on the Canada–U.K. Joint CommitteeAgreement approvedThe Agreement is approved.Canadian representative on Canada–U.K. Joint CommitteeThe Minister is the principal representative of Canada on the Canada–U.K. Joint Committee.Tribunals, Arbitration Panels and Panels of ExpertsPowers of MinisterThe Minister maypropose the names of individuals to serve as members of the tribunals established under Section F of Chapter Eight of CETA; andpropose the names of individuals to be included in the sub-lists referred to in paragraph 1 of Article 29.8 of CETA.Power of Minister of FinanceThe Minister of Finance may propose the names of individuals to be included in the sub-lists referred to in paragraph 3 of Article 13.20 of CETA.Powers of Minister of LabourThe Minister of Labour may propose the names of individuals to be included in the list established under paragraph 6 of Article 23.10 of CETA and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.Powers of Minister of the EnvironmentThe Minister of the Environment may propose the names of individuals to be included in the list established under paragraph 6 of Article 24.15 of CETA and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.Operation of Chapter Twenty-NineThe Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twenty-Nine of CETA.ExpensesPayment of expensesThe Government of Canada is to pay its appropriate share of the aggregate ofthe expenses incurred by tribunals established under the Agreement and the remuneration and expenses payable to members of those tribunals;the expenses incurred by arbitration panels and Panels of Experts established under the Agreement and the remuneration and expenses payable to arbitrators, panellists on those Panels of Experts and mediators; andthe expenses incurred by the Canada–U.K. Joint Committee and the specialized committees, bilateral dialogues, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the Canada–U.K. Joint Committee and those specialized committees and to members of those bilateral dialogues, working groups and other bodies.OrdersOrders — Article 29.14 of CETAThe Governor in Council may, for the purpose of suspending obligations in accordance with Article 29.14 of CETA, by order, do any one or more of the following:suspend rights or privileges granted by Canada to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom under the Agreement or any federal law;modify or suspend the application of any federal law with respect to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom;extend the application of any federal law to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom;take any other measure that the Governor in Council considers necessary.Period of orderUnless repealed, an order made under subsection (1) has effect for the period specified in the order.Related Amendments and Transitional ProvisionRelated AmendmentsR.S., c. E-19Export and Import Permits Act[Amendments][Amendments][Amendments][Amendments]R.S., c. F-11Financial Administration Act[Amendments]R.S., c. I-3Importation of Intoxicating Liquors Act[Amendments][Amendments]R.S., c. 28 (1st Supp.)Investment Canada Act[Amendments]R.S., c. 1 (2nd Supp.)Customs Act[Amendments][Amendments][Amendments][Amendments][Amendments][Amendments]R.S., c. 17 (2nd Supp.)Commercial Arbitration Act[Amendments]1992, c. 31Coasting Trade Act[Amendments][Amendments][Amendments][Amendments]1997, c. 36Customs Tariff[Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments][Amendments]Transitional ProvisionInvestment Canada ActAny application that is filed under section 17 of the Investment Canada Act before the day on which section 23 of this Act comes into force and in respect of which the Minister of Industry has not made a decision referred to in section 23.1 of the Investment Canada Act before that day is deemed never to have been filed ifthe investment to which the application relates would have been subject to subsection 14.11(1) or (2) of that Act had the application been filed on that day; andthe enterprise value of the assets to which the application relates is less than the amount determined in accordance with subsection 14.11(1) of that Act.Coordinating Amendment and Coming into ForceCoordinating Amendment[Amendments]Coming into ForceOrder in councilSubject to subsection (2), this Act, other than section 51, comes into force on a day to be fixed by order of the Governor in Council.Order in councilSubsection 9(3), paragraph 12(1)(a), paragraph 14(a) and section 30 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).[Note: Act, other than subsection 9(3), paragraphs 12(1)(a) and 14(a) and sections 30 and 51, in force April 1, 2021, see SI/2021-14.](Paragraphs 48(1)(c) and (d))
Tariff ItemMost-Favoured-Nation TariffPreferential Tariff1003.10.12Effective on the coming into force of Section 49.92UKT: 15.5%Effective on January 1, 2022UKT: Free1003.90.12Effective on the coming into force of Section 49.92UKT: 15.5%Effective on January 1, 2022UKT: Free1107.10.12Effective on the coming into force of Section 49.92UKT: $26.16/tonneEffective on January 1, 2022UKT: Free1107.10.92Effective on the coming into force of Section 49.92UKT: $26.68/tonneEffective on January 1, 2022UKT: Free1107.20.12Effective on the coming into force of Section 49.92UKT: $23.58/tonneEffective on January 1, 2022UKT: Free1701.91.90Effective on the coming into force of Section 49.92UKT: $30.86/tonneEffective on September 21, 2022UKT: $20.57/tonneEffective on January 1, 2023UKT: $10.28/tonneEffective on January 1, 2024UKT: Free1701.99.90Effective on the coming into force of Section 49.92UKT: $30.86/tonneEffective on September 21, 2022UKT: $20.57/tonneEffective on January 1, 2023UKT: $10.28/tonneEffective on January 1, 2024UKT: Free8702.10.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.10.20Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.20.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.20.20Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.30.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.30.20Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.40.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.40.20Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.90.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8702.90.20Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8703.21.90Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8703.22.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.23.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.24.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.31.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.32.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.33.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.40.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8703.40.90Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.50.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.60.10Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8703.60.90Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.70.00Effective on the coming into force of Section 49.92UKT: 2.2%Effective on January 1, 2022UKT: 1.5%Effective on January 1, 2023UKT: 0.7%Effective on January 1, 2024UKT: Free8703.80.00Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8703.90.00Effective on the coming into force of Section 49.92UKT: 1%Effective on January 1, 2022UKT: Free8901.10.10Effective on the coming into force of Section 49.92UKT: 9%Effective on January 1, 2022UKT: 6%Effective on January 1, 2023UKT: 3%Effective on January 1, 2024UKT: Free8901.10.90Effective on the coming into force of Section 49.92UKT: 9%Effective on January 1, 2022UKT: 6%Effective on January 1, 2023UKT: 3%Effective on January 1, 2024UKT: Free8904.00.00Effective on the coming into force of Section 49.92UKT: 9%Effective on January 1, 2022UKT: 6%Effective on January 1, 2023UKT: 3%Effective on January 1, 2024UKT: Free