Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)
Full Document:
Assented to 2009-06-18
51. The Act is amended by adding, after section 85, the schedule set out in Schedule 5 to this Act.
R.S., c. E-19Export and Import Permits 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.
R.S., c. F-11Financial Administration Act
55. The Financial Administration Act is amended by adding the following after section 89.5:
Implementation of Canada–Peru Free Trade Agreement
Marginal note:Directive
89.6 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that Crown corporation.
Marginal note:Regulations
(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Peru Free Trade Agreement that pertains to that corporation.
Definition of “Canada–Peru Free Trade Agreement”
(3) In subsections (1) and (2), “Canada–Peru Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.
PART 3COORDINATING AMENDMENTS AND COMING INTO FORCE
Coordinating Amendments
Marginal note:Bill C-2
56. (1) Subsections (2) to (20) apply if Bill C-2, introduced in the 2nd session of the 40th Parliament and entitled the Canada–EFTA Free Trade Agreement Implementation Act (referred to in this section as the “other Act”), receives royal assent.
(2) On the first day on which both subsection 2(4.1) of the Canadian International Trade Tribunal Act, as enacted by section 16 of the other Act, and subsection 2(4.1) of the Canadian International Trade Tribunal Act, as enacted by section 16 of this Act, are in force, subsection 2(4.1) of the Canadian International Trade Tribunal Act, as enacted by section 16 of this Act, is renumbered as subsection 2(4.2) and is repositioned accordingly if required.
(3) On the first day on which both section 16 of the other Act and section 16 of this Act are in force, subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:
Marginal note:Goods imported from an EFTA state, a NAFTA country, Chile, Costa Rica or Peru
(5) For the purposes of this Act, goods are imported from an EFTA state, from a NAFTA country, from Chile, from Costa Rica or from Peru if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica or Peru, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
(4) On the first day on which both section 19.014 of the Canadian International Trade Tribunal Act, as enacted by section 17 of the other Act, and section 19.014 of the Canadian International Trade Tribunal Act, as enacted by section 17 of this Act, are in force,
(a) section 19.014 of the Canadian International Trade Tribunal Act, as enacted by section 17 of this Act, is renumbered as section 19.017 and is repositioned accordingly if required; and
(b) the reference to “19.014(2)” in the portion of subsection 71.2(1) of the Customs Tariff before paragraph (a), as enacted by section 46 of this Act, is replaced by a reference to “19.017(2)”.
(5) On the first day on which both section 18 of the other Act and section 19 of this Act are in force, section 21.1 of the Canadian International Trade Tribunal 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), (1.09), (1.091), (1.092) or (1.093) 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.
(6) On the first day on which both subsection 23(1.09) of the Canadian International Trade Tribunal Act, as enacted by section 19 of the other Act, and subsection 23(1.09) of the Canadian International Trade Tribunal Act, as enacted by section 20 of this Act, are in force,
(a) subsection 23(1.09) of the Canadian International Trade Tribunal Act, as enacted by section 20 of this Act, is renumbered as subsection 23(1.093) and is repositioned accordingly if required; and
(b) every reference to “23(1.09)” is replaced by a reference to “23(1.093)” in the following provisions:
(i) subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of this Act,
(ii) paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of this Act, and
(iii) the portion of subsection 71.2(1) of the Customs Tariff before paragraph (a), as enacted by section 46 of this Act.
(7) On the first day on which both subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of the other Act, and subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of this Act, are in force,
(a) subparagraph 26(1)(a)(i.9) of the Canadian International Trade Tribunal Act, as enacted by section 21 of this Act, is renumbered as subparagraph 26(1)(a)(i.93) and is repositioned accordingly if required; and
(b) paragraph 26(1)(a) of the English version of the Canadian International Trade Tribunal Act is amended by striking out “or” at the end of subparagraph (i.92).
(8) On the first day on which both paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of the other Act, and paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of this Act, are in force,
(a) paragraph 27(1)(a.9) of the Canadian International Trade Tribunal Act, as enacted by section 22 of this Act, is renumbered as paragraph 27(1)(a.93) and is repositioned accordingly if required; and
(b) subsection 27(1) of the English version of the Canadian International Trade Tribunal Act is amended by striking out “or” at the end of paragraph (a.92).
(9) On the first day on which both subsection 23(1) of the other Act and subsection 31(1) of this Act are in force, 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, CEFTA, 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,
(e) an EFTA state, or
(f) Peru;
(10) On the first day on which both paragraph 2(1.2)(e) of the Customs Act, as enacted by subsection 23(3) of the other Act, and paragraph 2(1.2)(e) of the Customs Act, as enacted by subsection 31(3) of this Act, are in force,
(a) paragraph 2(1.2)(e) of the Customs Act, as enacted by subsection 31(3) of this Act, is renumbered as paragraph 2(1.2)(f) and is repositioned accordingly if required; and
(b) subsection 2(1.2) of the English version of the Customs Act is amended by
(i) striking out “or” at the end of paragraph (d), and
(ii) adding “or” at the end of paragraph (e).
(11) On the first day on which both section 26 of the other Act and section 33 of this Act are in force, paragraph 43.1(1)(b) of the Customs Act is replaced by the following:
(b) in the case of goods exported from a NAFTA country, from Chile, from Costa Rica, from an EFTA state or from Peru, any matter, other than those referred to in paragraphs (a) to (c), concerning those goods that is set out in paragraph 1 of Article 509 of NAFTA, in paragraph 1 of Article E-09 of CCFTA, in paragraph 1 of Article V.9 or paragraph 10 of Article IX.2 of CCRFTA, in Article 28(2) of Annex C of CEFTA or in paragraph 1 of Article 419 of CPFTA, as the case may be; and
(12) On the first day on which both section 27 of the other Act and section 34 of this Act are in force, paragraph 74(1)(c.11) of the Customs Act is replaced by the following:
(c.11) the goods were imported from Costa Rica, from an EFTA state, from Israel or another CIFTA beneficiary or from Peru but no claim for preferential tariff treatment under CCRFTA, CEFTA, CIFTA or CPFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5);
(13) On the first day on which both subsection 164(1.4) of the Customs Act, as enacted by section 29 of the other Act, and subsection 164(1.4) of the Customs Act, as enacted by section 35 of this Act, are in force, subsection 164(1.4) of the Customs Act, as enacted by section 35 of this Act, is renumbered as subsection 164(1.5) and is repositioned accordingly if required.
(14) On the first day on which both section 31 of the other Act and section 37 of this Act are in force, section 5 of the Customs Tariff is replaced by the following:
Marginal note:Goods imported from a NAFTA country, Chile, Costa Rica, an EFTA state or Peru
5. For the purposes of this Act, goods are imported from a NAFTA country, Chile, Costa Rica, Iceland, Norway, Switzerland, Liechtenstein or Peru if they are shipped directly to Canada from that country.
(15) On the first day on which both section 32 of the other Act and section 40 of this Act are in force, section 27 of the Customs Tariff is replaced by the following:
Marginal note:Abbreviations
27. For the purposes of the List of Tariff Provisions and the “F” Staging List, the abbreviations “UST”, “MT”, “MUST”, “CT”, “CRT”, “CIAT”, “GPT”, “LDCT”, “CCCT”, “AUT”, “NZT”, “IT”, “NT”, “SLT” and “PT” refer, respectively, to “United States Tariff”, “Mexico Tariff”, “Mexico–United States Tariff”, “Chile Tariff”, “Costa Rica Tariff”, “Canada–Israel Agreement Tariff”, “General Preferential Tariff”, “Least Developed Country Tariff”, “Commonwealth Caribbean Countries Tariff”, “Australia Tariff”, “New Zealand Tariff”, “Iceland Tariff”, “Norway Tariff”, “Switzerland–Liechtenstein Tariff” and “Peru Tariff”.
(16) On the first day on which both section 71.2 of the Customs Tariff, as enacted by section 34 of the other Act, and section 71.2 of the Customs Tariff, as enacted by section 46 of this Act, are in force,
(a) section 71.2 of the Customs Tariff, as enacted by section 46 of this Act, is renumbered as section 71.5 and, together with the heading before it, is repositioned accordingly if required; and
(b) the references to “71.2(1)” in the following provisions are replaced by references to “71.5(1)”:
(i) paragraph 14(2)(c) of the Customs Tariff, as enacted by section 38 of this Act, and
(ii) section 79 of the Customs Tariff, as enacted by section 47 of this Act.
(17) On the first day on which both section 36 of the other Act and section 48 of this Act are in force, paragraphs 133(j) and (j.1) of the Customs Tariff are replaced by the following:
(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein or Peru for repair or alteration may be imported;
(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration may be imported;
(18) On the first day on which both subsection 37(1) of the other Act and subsection 49(7) of this Act are in force, the portions of tariff item Nos. 1701.91.10, 1701.91.90, 1701.99.10, 1701.99.90, 1702.90.21, 1702.90.29, 1702.90.61, 1702.90.69, 1702.90.70, 1702.90.81 and 1702.90.89 in the List of Tariff Provisions set out in the schedule to the Customs Tariff in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” are replaced by the portions of the corresponding tariff items set out in Schedule 6 to this Act.
(19) On the first day on which both subsection 37(3) of the other Act and subsection 49(1) of this Act are in force, the portions of tariff item Nos. 0208.40.10, 0208.40.90, 1516.10.10, 1516.10.90, 1603.00.11, 1603.00.19, 2301.10.10, 2301.10.90, 2309.90.37, 8901.10.10, 8901.10.90, 8901.20.10, 8901.20.90, 8901.90.91, 8901.90.99, 8906.09.91 and 8906.90.99 in the List of Tariff Provisions set out in the schedule to the Customs Tariff in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” are replaced by the portions of the corresponding tariff items set out in Schedule 7 to this Act.
(20) On the first day on which both paragraph 37(4)(a) of the other Act and subsection 49(3) of this Act are in force,
(a) if that paragraph 37(4)(a) has come into force before that subsection 49(3), then that subsection 49(3) is deemed never to have come into force and is repealed;
(b) if that subsection 49(3) has come into force before that paragraph 37(4)(a), then that paragraph 37(4)(a) is deemed never to have come into force and is repealed;
(c) if that paragraph 37(4)(a) comes into force on the same day as that subsection 49(3), then that paragraph 37(4)(a) is deemed to have come into force before that subsection 49(3) and paragraph (a) applies as a consequence; and
(d) the Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein or Peru for repair or alteration in that country.”.
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