Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)
Full Document:
Assented to 2009-06-18
18. The Act is amended by adding the following after section 20.03:
Definition of “principal cause”
20.04 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Determination in respect of Peruvian goods
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Peru that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Marginal note:Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Marginal note:Inquiry under section 30.07
(4) In an inquiry under section 30.07 into goods imported from Peru conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Peru are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Marginal note:2001, c. 28, s. 21
19. Section 21.1 of the Act is replaced by the following:
Definition of “complaint”
21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07), (1.08) or (1.09) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.
20. Section 23 of the Act is amended by adding the following after subsection (1.08):
Marginal note:Filing of complaint — Peru Tariff
(1.09) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Peru Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
21. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.8) and by adding the following after that subparagraph:
(i.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or
22. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.8) and by adding the following after that paragraph:
(a.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
23. Subsection 5(4) of the Commercial Arbitration Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:1994, c. 11. s. 1
24. The heading before section 20.1 of the Crown Liability and Proceedings Act is replaced by the following:
Environmental and Labour Cooperation Treaties
Marginal note:1994, c. 11, s. 1; 1997, c. 14, s. 33
25. (1) The definitions “apppropriate Commission”, “Canada–Chile Environmental Cooperation Agreement”, “Canada–Chile Labour Cooperation Agreement”, “Environmental Cooperation Agreement” and “Labor Cooperation Agreement” in section 20.1 of the Act are repealed.
Marginal note:1997, c. 14, s. 33(1)
(2) The definitions “panel” and “panel determination” in section 20.1 of the Act are replaced by the following:
“panel”
« groupe spécial »
“panel” means an arbitral panel or a review panel convened under an environmental cooperation treaty or a labour cooperation treaty;
“panel determination”
« décision d’un groupe spécial »
“panel determination” means a panel determination as defined in an environmental cooperation treaty or a labour cooperation treaty or, if that expression is not defined, a determination made by a panel under one of those treaties regarding the amount of a monetary assessment that Canada is required to pay.
(3) Section 20.1 of the Act is amended by adding the following in alphabetical order:
“appropriate party”
« partie compétente »
“appropriate party”, in respect of a panel determination, means
(a) the Commission for Environmental Cooperation established under Article 8 of the treaty referred to in item 1 of Part 1 of the schedule,
(b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the treaty referred to in item 2 of Part 1 of the schedule,
(c) the Commission for Labor Cooperation established under Article 8 of the treaty referred to in item 1 of Part 2 of the schedule,
(d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the treaty referred to in item 2 of Part 2 of the schedule, or
(e) any other party to whom Canada is required to pay a monetary assessment as a result of a panel determination;
“environmental cooperation treaty”
« traité sur l’environnement »
“environmental cooperation treaty” means any treaty respecting environmental cooperation referred to in Part 1 of the schedule;
“labour cooperation treaty”
« traité sur le travail »
“labour cooperation treaty” means any treaty respecting labour cooperation referred to in Part 2 of the schedule;
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.
- Date modified: