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

Full Document:

Assented to 2009-06-18

Department of Human Resources and Skills Development Act

50. The Department of Human Resources and Skills Development Act is amended by adding the following after section 19:

19.1 (1) All moneys received by Her Majesty as a result of a monetary assessment by a panel determination under any treaty respecting labour cooperation referred to in the schedule shall be paid into the Consolidated Revenue Fund and credited to a special account in the accounts of Canada to be known as the Labour Cooperation Treaties Account.
Marginal note:Additional credits to the Account
(2) If an amount is assessed against Canada by a panel determination under a treaty respecting labour cooperation referred to in the schedule, an amount equal to that amount shall be credited to the Account if the Account has been designated for the purposes of the treaty in accordance with its provisions.
Marginal note:Interest
(3) On April 1 of every year there shall be credited to the Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act, on the balance to the credit of the Account.
Marginal note:Payment of moneys
(4) One or more amounts not exceeding in total the amount standing in the Account in relation to a treaty, including interest, may, on the requisition of the Minister of Labour, be paid out of the Consolidated Revenue Fund in accordance with the provisions of the treaty. The amount of all such payments is to be charged to the Account.

51. The Act is amended by adding, after section 85, the schedule set out in Schedule 5 to this Act.

52. Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:

“Peru” « Pérou »: “Peru” has the same meaning as in subsection 2(1) of the Customs Tariff;

53. Subsection 4.2(1) of the Act is amended by adding the following in alphabetical order:

“principal cause” « cause principale »: “principal cause”, in respect of goods imported from Peru, means an important cause that is no less important than any other cause;

54. Section 5 of the Act is amended by adding the following after subsection (3.3):

Marginal note:Exception for goods imported from Peru
(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.