Canada-United States Free Trade Agreement Implementation Act

S.C. 1988, c. 65

Assented to 1988-12-30

An Act to implement the Free Trade Agreement between Canada and the United States of America

WHEREAS the Government of Canada has entered into a Free Trade Agreement with the Government of the United States of America in order

to strengthen the unique and enduring friendship between the two countries and their peoples as befitting great trading partners,

to strengthen Canada’s national identity while at the same time protecting vital national characteristics and qualities,

to promote productivity, employment, financial stability and the improvement of living standards,

to establish a climate of greater predictability for Canadians to plan and invest with confidence and to compete more effectively in the United States and global markets,

to build on Canada’s rights and obligations under the General Agreement on Tariffs and Trade and other multilateral and bilateral instruments of cooperation,

to contribute to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation, and

to establish effective binational procedures for the resolution of disputes in antidumping and countervailing duty cases involving the two countries and, generally, any dispute arising out of the Agreement;

WHEREAS the Agreement applies generally throughout Canada;

AND WHEREAS it is necessary, in order to give effect to the Agreement, to make related or consequential amendments to other Acts;

NOW, THEREFORE, 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

 This Act may be cited as the Canada-United States Free Trade Agreement Implementation Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Agreement”

    « Accord »

    “Agreement” means the Free Trade Agreement between Canada and the United States entered into between the Government of Canada and the Government of the United States and signed on January 2, 1988, the text of which is set out in Part A of the schedule and the Tariff Schedules of Canada and of the United States referred to in Annex 401.2 of that Agreement;

    “Commission”

    « Commission »

    “Commission” means the Canada-United States Trade Commission established pursuant to the Agreement;

    “Minister”

    « ministre »

    “Minister”, in respect of any provision of this Act, means the Minister designated in respect of that provision under section 10;

    “prescribed”

    Version anglaise seulement

    “prescribed” means prescribed by regulation made by the Governor in Council;

    “United States”

    « États-Unis »

    “United States” means

    • (a) the customs territory of the United States, including the fifty states of the United States, the District of Columbia and Puerto Rico,

    • (b) the foreign trade zones located in the United States and Puerto Rico, and

    • (c) any areas beyond the territorial sea of the United States within which, in accordance with international law and its domestic laws, the United States may exercise rights with respect to the seabed and subsoil and the natural resources thereof.

  • Marginal note:Publication of Agreement and Tariff Schedules

    (2) The Agreement, including the Tariff Schedules of Canada and of the United States referred to in Annex 401.2 of the Agreement, shall be published in the Canada Treaty Series.

GENERAL

Marginal note:Purpose

 The purpose of this Act is to implement the Agreement, the objectives of which are to

  • (a) eliminate barriers to trade in goods and services between Canada and the United States;

  • (b) facilitate conditions of fair competition within the free-trade area established by the Agreement;

  • (c) liberalize significantly conditions for investment within that free-trade area;

  • (d) establish effective procedures for the joint administration of the Agreement and the resolution of disputes; and

  • (e) lay the foundation for further bilateral and multilateral cooperation to expand and enhance the benefits of the Agreement.