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Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)

Assented to 2009-06-18

Canada–Peru Free Trade Agreement Implementation Act

S.C. 2009, c. 16

Assented to 2009-06-18

An Act to implement the Free Trade Agreement between Canada and the Republic of Peru, the Agreement on the Environment between Canada and the Republic of Peru and the Agreement on Labour Cooperation between Canada and the Republic of Peru

SUMMARY

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Peru and signed at Lima on May 29, 2008.

The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.

Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.

Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Canada–Peru Free Trade Agreement Implementation Act.

INTERPRETATION

Marginal note:Definitions

2. The definitions in this section apply in this Act.

“Agreement”

« Accord »

“Agreement” means the Free Trade Agreement between Canada and the Republic of Peru, signed on May 29, 2008.

“federal law”

« texte législatif fédéral »

“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.

“Joint Commission”

« Commission mixte »

“Joint Commission” means the Joint Commission established under Article 2001 of the Agreement.

“Minister”

« ministre »

“Minister” means the Minister for International Trade.

“related agreement”

« accord connexe »

“related agreement” means

  • (a) the Agreement on the Environment between Canada and the Republic of Peru, signed on May 29, 2008; or

  • (b) the Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008.

Marginal note:Interpretation consistent with agreements

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

Marginal note:Non-application of Act or 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 a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.