Canada-Israel Free Trade Agreement Implementation Act (S.C. 1996, c. 33)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada-Israel Free Trade Agreement Implementation Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  Agreement

  Agreement means the Free Trade Agreement entered into between the Government of Canada and the Government of the State of Israel and signed on July 31, 1996, as amended by the Canada – Israel Free Trade Amending Protocol 2018 signed on May 28, 2018. (Accord)

  Commission

  Commission means the Joint Commission established under paragraph 1 of Article 18.1 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, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated under section 9 as the Minister for the purposes of that provision. (ministre)

• Marginal note:Publication of Agreement

  (2) The Agreement shall be published in the Canada Treaty Series.

Marginal note:Interpretation consistent with Agreement

3 For greater certainty, this Act, any provision of an Act enacted or amended by Part II and any other federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement shall be interpreted in a manner consistent with the Agreement.

Purpose

Marginal note:Purpose

4 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

• (a) strengthen the bilateral commercial relationship between Canada and the State of Israel;

• (b) improve access to the Israeli market for Canadian businesses by reducing and eliminating tariffs, addressing non-tariff barriers, enhancing cooperation and increasing transparency in regulatory matters;

• (c) ensure a high level of environmental protection through comprehensive and legally-binding commitments;

• (d) build on the respective international commitments of Canada and the State of Israel on labour matters; and

• (e) promote gender equality and encourage women’s economic empowerment and the use of voluntary corporate social responsibility standards and principles, as well as promote access for small and medium-sized enterprises to the opportunities created by the Agreement.

Her Majesty

Marginal note:Binding on Her Majesty

5 This Act is binding on Her Majesty in right of Canada.

General

Marginal note:Causes of action under Part I

• 6 (1) No person has any cause of action and no proceedings of any kind shall 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 Part I or an order or regulation made under Part I.

• Marginal note:Causes of action under the Agreement

  (2) No person has any cause of action and no proceedings of any kind shall 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:Non-application of Agreement to water

7 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.

PART IImplementation of Agreement Generally

Approval of Agreement

Marginal note:Agreement approved

8 The Agreement is hereby approved.

Designation of Minister

Marginal note:Order designating Minister

9 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.

Administrative and Institutional Provisions

Marginal note:Appointment of representative on the Commission

10 The Minister for International Trade is the principal representative of Canada on the Commission.

Marginal note:Payment of expenditures

11 The Government of Canada shall pay its appropriate share of any expenditures incurred by or on behalf of the Commission.

Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies

Marginal note:Powers of Minister for International Trade

• 12 (1) The Minister for International Trade may

  • (a) appoint representatives of Canada to any committee, subcommittee, working group or other body referred to in paragraph 6 of Article 18.1 of the Agreement;

  • (b) appoint a panellist in accordance with paragraph 2 of Article 19.7 of the Agreement; and

  • (c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 19.7.

• Marginal note:Powers of Minister of Labour

  (2) The Minister of Labour may

  • (a) appoint representatives of Canada to any committee, working group or expert group referred to in sub-paragraph 4(a) of Article 12.7 of the Agreement;

  • (b) appoint a panellist in accordance with paragraph 4 of Annex 12.13.3 of the Agreement; and

  • (c) propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraphs 4 and 5 of that Annex.

Marginal note:Administrative support

13 The Minister for International Trade is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 18 of the Agreement and to provide administrative assistance to panels established under Chapter 19 of the Agreement.

Marginal note:Payment of costs

14 The Government of Canada is to pay the costs of or its appropriate share of the costs of

• (a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and

• (b) the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.

Orders

Marginal note:Orders — Article 19.13 of Agreement

• 15 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 19.13 of the Agreement, by order, do any of the following:

  • (a) suspend rights or privileges granted by Canada to the State of Israel or to goods of Israel under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to the State of Israel or to goods of Israel;

  • (c) extend the application of any federal law to the State of Israel or to goods of Israel;

  • (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.

PART IIConsequential Amendments

16 to 61 [Amendments]

PART IIIComing into Force

Marginal note:Coming into force

• Footnote ^*62 (1) Subject to this Act, this Act or any of its provisions, or any provision of an Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Condition

  (2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the State of Israel has taken satisfactory steps to implement the Agreement.

  • Return to footnote ^*[Note: Act in force January 1, 1997, see SI/97-9.]

SCHEDULE

Tariff Item	Description of Goods	Most-Favoured-Nation Tariff	MFN Staging Category	General Preferential Tariff	United States Tariff	Mexico Tariff	Mexico-United States Tariff	NAFTA Staging Category
	---Roses:
0603.10.21	----Roses where the aggregate quantity imported during any year commencing on January 1 has not exceeded the quantity specified in an order made pursuant to section 58.3	N/A CIFTA Free	N/A	N/A	N/A	N/A	N/A	N/A
0603.10.29	----Other		G	X		N/A	N/A	N/A
	Base Rate	12.5% BPT Free			6.2%
	Final Rate	10.6%
0712.90.40	---Garlic		G	X			N/A	B
	Base Rate	10%			5%	5%
	Final Rate	6.4%
0902.10	-Green tea (not fermented) in immediate packings of a content not exceeding 3 kg
0902.10.10	---In bags for individual servings	Free	K	Free	Free	Free	N/A	D
0902.10.90	---Other	Free	K	Free	Free	Free	N/A	D
0902.30	-Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg
0902.30.10	---In bags for individual servings	Free	K	Free	Free	Free	N/A	D
0902.30.90	---Other	Free	K	Free	Free	Free	N/A	D
1211.10	-Liquorice roots
1211.10.10	---Tea in bags for individual servings	Free	K	Free	Free	Free	N/A	D
1211.10.90	---Other	Free	K	Free	Free	Free	N/A	D
1211.20	-Ginseng roots
1211.20.10	---Tea in bags for individual servings	Free	K	Free	Free	Free	N/A	D
1211.20.90	---Other	Free	K	Free	Free	Free	N/A	D
1211.90	-Other
1211.90.10	---Tea in bags for individual servings	Free	K	Free	Free	Free	N/A	D
1211.90.90	---Other	Free	K	Free	Free	Free	N/A	D
1604.20.20	---Gefilte fish		F	7%				B
	Base Rate	11% CIFTA Free			5.5%	7%	7%
	Final Rate	7.2%
	---Food preparations of goods of heading Nos. 04.01 to 04.04 containing 50% or more on a dry weight basis of milk solids:
1901.90.51	----Ice cream mixes or icemilk mixes, within access commitment		G	5%		N/A	N/A	N/A
	Base Rate	15.5%			7.7%
	Final Rate	6.7%
1901.90.52	----Ice cream mixes or icemilk mixes, over access commitment		G	X	N/A	N/A	N/A	N/A
	Base Rate	315.1% but not less than $1.36/kg
	Final Rate	267.8% but not less than $1.16/kg
1901.90.53	----Other, not in retail packaging, within access commitment		G	5%		N/A	N/A	N/A
	Base Rate	15.5%			7.7%
	Final Rate	6.7%
1901.90.54	----Other, not in retail packaging, over access commitment		G	X	N/A	N/A	N/A	N/A
	Base Rate	295.2% but not less than $3.42/kg
	Final Rate	250.9% but not less than $2.91/kg
1901.90.59	----Other		G	5%			N/A	C
	Base Rate	15.5%			7.7%	7.5%
	Final Rate	9.9%
2005.90.92	----Carrots		G	X			N/A	B
	Base Rate	12.5%			6.2%	6.2%
	Final Rate	8%
2008.40.20	---Chips		G	X			N/A	B
	Base Rate	15% CIFTA Free			7.5%	7.5%
	Final Rate	9.6%
2008.99.12	----Chips		G	X			N/A	B
	Base Rate	5% CIFTA Free			2.5%	2.5%
	Final Rate	4.3%
	---Of nylon:
5402.41.11	----Partially oriented		J	5%		Free	N/A	A
	Base Rate	10%			5% and 5.5¢/kg
	On and after January 1, 2000	9.8%
	On and after January 1, 2001	9.4%
	On and after January 1, 2002	8.9%
	On and after January 1, 2003	8.5%
	On and after January 1, 2004	8%
5402.41.19	----Other		J	5%		Free	N/A	A
	Base Rate	10%			5% and 5.5¢/kg
	On and after January 1, 2000	9.8%
	On and after January 1, 2001	9.4%
	On and after January 1, 2002	8.9%
	On and after January 1, 2003	8.5%
	On and after January 1, 2004	8%
	---Other:
5402.41.91	----Partially oriented		J	5%			N/A	B+
	Base Rate	10%			5% and 5.5¢/kg	6.5% and 8.52¢/kg
	On and after January 1, 2000	9.8%
	On and after January 1, 2001	9.4%
	On and after January 1, 2002	8.9%
	On and after January 1, 2003	8.5%
	On and after January 1, 2004	8%
5402.41.99	----Other		J	5%			N/A	B+
	Base Rate	10%			5% and 5.5¢/kg	6.5% and 8.52¢/kg
	On and after January 1, 2000	9.8%
	On and after January 1, 2001	9.4%
	On and after January 1, 2002	8.9%
	On and after January 1, 2003	8.5%
	On and after January 1, 2004	8%
	---Other parts of the goods of heading No. 85.25 or 85.27 (excluding parts of cellular telephones):
8529.90.61	----Incorporating printed circuit assemblies, of goods of subheading No. 8525.10 or 8525.20		M	Free	Free	Free	Free	A
	Initial Rate	4% BPT Free
	Final Rate	Free
8529.90.69	----Other	BPT	M	Free	Free	Free	Free	A
	Initial Rate	4% BPT Free
	Final Rate	Free
9827.00.00	Goods, regardless of country of origin or tariff treatment entitlement, other than goods of tariff item No. 9820.00.00, returned to Canada after having been exported to Israel or a CIFTA beneficiary for repair or alteration	N/A CIFTA Free	N/A	N/A	N/A	N/A	N/A	N/A
9828.00.00	Kosher goods of heading No. 22.04 or 22.05 that originate in Israel or a CIFTA beneficiary	N/A CIFTA Free	N/A	N/A	N/A	N/A	N/A	N/A