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

Assented to 2009-06-18

Marginal note:1994, c. 11, s. 1

26. Subsection 20.2(2) of the Act is replaced by the following:

  • Marginal note:Procedure

    (2) To make a panel determination an order of the Federal Court, the appropriate party shall file a certified copy of the determination in the Registry of that Court and, on filing, the determination becomes an order of that Court.

Marginal note:1994, c. 11, s. 1

27. Subsection 20.3(2) of the Act is replaced by the following:

  • Marginal note:Limitation

    (2) Proceedings for enforcement of a panel determination that is made an order of the Federal Court may be taken against the Crown only in that Court and only by the appropriate party.

Marginal note:1997, c. 14, s. 34

28. The portion of subsection 20.4(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Limitation on proceedings

    (2) Subject to section 20.3, no panel determination, including a panel determination that is made an order of the Federal Court, no determination or proceedings of a panel made or carried on or purporting to be made or carried on under any environmental cooperation treaty or labour cooperation treaty, no order or decision made by the Federal Court in any proceedings referred to in subsection 20.3(2) and no proceedings of that Court made or carried on or purporting to be made or carried on under that subsection shall be

Marginal note:1990, c. 8, s. 31; 2001, c. 4, s. 50(F)

29. Subsection 30(1) of the Act is replaced by the following:

Marginal note:Payment of judgment

  • 30. (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.

30. The Act is amended by adding, after section 36, the schedule set out in Schedule 1 to this Act.

Marginal note:R.S., c. 1 (2nd Supp.)

Customs Act

Marginal note:2001, c. 28, s. 26(1)

  • 31. (1) The definitions “free trade agreement” and “free trade partner” in subsection 2(1) of the Customs Act are replaced by the following:

    “free trade agreement”

    « accord de libre-échange »

    “free trade agreement” means NAFTA, CCFTA, CCRFTA, CIFTA or CPFTA;

    “free trade partner”

    « partenaire de libre-échange »

    “free trade partner” means

    • (a) a NAFTA country,

    • (b) Chile,

    • (c) Costa Rica,

    • (d) Israel or another CIFTA beneficiary, or

    • (e) Peru;

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “CPFTA”

    « ALÉCP »

    “CPFTA” has the same meaning as “Agreement” in section 2 of the Canada–Peru Free Trade Agreement Implementation Act;

    “Peru”

    « Pérou »

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

    “preferential tariff treatment under CPFTA”

    « traitement tarifaire préférentiel de l’ALÉCP »

    “preferential tariff treatment under CPFTA” means, in respect of goods, entitlement to the Peru Tariff rates of customs duty under the Customs Tariff;

  • (3) Subsection 2(1.2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (e) preferential  tariff  treatment  under CPFTA.