Canada–Ukraine Free Trade Agreement Implementation Act (S.C. 2017, c. 8)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada–Ukraine Free Trade Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

Agreement means the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016. (Accord)

Commission

Commission means the Joint Commission established under Article 16.1 of the Agreement. (Commission)

federal law

federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)

Minister

Minister means the Minister for International Trade. (ministre)

Marginal note:Interpretation consistent with Agreement

3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.

Marginal note:Non-application of Act and Agreement to water

4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.

Marginal note:Construction

5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.

Her Majesty

Marginal note:Binding on Her Majesty

6 This Act is binding on Her Majesty in right of Canada.

Purpose

Marginal note:Purpose

7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

• (a) establish a free trade area in accordance with the Agreement;

• (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and Ukraine in order to create opportunities for economic development;

• (c) promote conditions of fair competition affecting trade between Canada and Ukraine;

• (d) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;

• (e) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and Ukraine on environmental matters;

• (f) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and Ukraine on labour matters; and

• (g) promote sustainable development.

Causes of Action

Marginal note:Causes of action under sections 9 to 15

• 8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 15 or an order made under those sections.

• Marginal note:Causes of action under Agreement

  (2) Subject to Annex 13-C of the Agreement, no person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.

PART 1Implementation of the Agreement

Approval

Marginal note:Agreement approved

9 The Agreement is approved.

Administrative and Institutional Provisions

Marginal note:Canadian representative on Commission

10 The Minister is the principal representative of Canada on the Commission.

Marginal note:Payment of expenditures

11 The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Commission.

Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies

Marginal note:Powers of Minister

• 12 (1) The Minister may

  • (a) appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 16.1 of the Agreement;

  • (b) appoint a panellist in accordance with paragraph 2 of Article 17.8 of the Agreement; and

  • (c) propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 17.8.

• Marginal note:Powers of Minister of the Environment

  (2) The Minister of the Environment may

  • (a) appoint representatives of Canada to the Committee on the Environment referred to in Article 12.16 of the Agreement;

  • (b) select a panellist in accordance with paragraph 2 of Annex 12-A of the Agreement; and

  • (c) propose candidates to serve as the chair of a Review Panel, or select the chair, in accordance with that paragraph 2.

• Marginal note:Powers of Minister of Labour

  (3) The Minister of Labour may

  • (a) appoint representatives of Canada to any committee, working group or expert group referred to in sub-paragraph 4(a) of Article 13.9 of the Agreement;

  • (b) select a panellist in accordance with paragraph 4 of Annex 13-B of the Agreement; and

  • (c) propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraph 5 of that Annex.

Marginal note:Administrative support

13 The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 17 of the Agreement and to provide administrative assistance to panels established under that Chapter.

Marginal note:Payment of costs

14 The Government of Canada is to pay the costs of or its appropriate share of the costs of

• (a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and

• (b) the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.

Orders

Marginal note:Orders — Article 17.13 of Agreement

• 15 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 17.13 of the Agreement, by order, do any of the following:

  • (a) suspend rights or privileges granted by Canada to Ukraine or to goods of Ukraine under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to Ukraine or to goods of Ukraine;

  • (c) extend the application of any federal law to Ukraine or to goods of Ukraine;

  • (d) take any other measure that the Governor in Council considers necessary.

• Marginal note:Period of order

  (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

PART 2Related Amendments

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

16 Part 2 of the schedule to the Crown Liability and Proceedings Act is amended by adding the following in alphabetical order:

R.S., c. F-11Financial Administration Act

17 Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:

R.S., c. I-3Importation of Intoxicating Liquors Act

18 Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:

19 The schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Ukraine Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2.

R.S., c. 1 (2nd Supp.)Customs Act

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

Marginal note:2009, c. 6, s. 24(1)

• 21 (1) The portion of paragraph 42.1(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) conduct a verification of origin of goods for which preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), is claimed

• Marginal note:2009, c. 6, ss. 24(2) and (3)

  (2) Subsections 42.1(1.1) and (2) of the Act are replaced by the following:

  • Marginal note:Method of verification — certain agreements

    (1.1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct any of the following:

    • (a) a verification of origin of goods for which preferential tariff treatment under CEFTA is claimed, by requesting in writing that the customs administration of the EFTA state of export conduct a verification and provide an opinion as to whether the goods are originating within the meaning of Annex C of CEFTA;

    • (b) a verification of origin of goods for which preferential tariff treatment under CUFTA is claimed, by requesting in writing that the customs administration of Ukraine conduct a verification and provide a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.

  • Marginal note:Withdrawal of preferential tariff treatment

    (2) If an exporter or producer of goods that are subject to a verification of origin under paragraph (1)(a) fails to comply with the prescribed requirements or, in the case of a verification of origin under subparagraph (1)(a)(i), does not consent to the verification of origin in the prescribed manner and within the prescribed time, preferential tariff treatment under a free trade agreement, other than a free trade agreement referred to in subsection (1.1), may be denied or withdrawn from the goods.

• Marginal note:2009, c. 6, s. 24(3)

  (3) The portion of subsection 42.1(3) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Withdrawal of preferential tariff treatment — certain agreements

    (3) Preferential tariff treatment under a free trade agreement referred to in subsection (1.1) may be denied or withdrawn from the goods in any of the following circumstances:

    • (a) in the case of CEFTA, if the EFTA state of export fails to conduct a verification or provide an opinion as to whether the goods are originating;

    • (a.1) in the case of CUFTA, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating;

Marginal note:2009, c. 6, s. 28

• 22 (1) Subsection 97.201(1) of the Act is replaced by the following:

  Marginal note:Verification of origin — certain agreements

  • 97.201 (1) The customs administration of any state referred to in subsection 42.1(1.1) to which goods were exported may request in writing that the Agency conduct a verification and provide, as the case may be

    • (a) an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; or

    • (b) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA.

• Marginal note:2009, c. 6, s. 28

  (2) Subsection 97.201(3) of the Act is replaced by the following:

  • Marginal note:Statement of origin — certain agreements

    (3) On completion of a verification of origin requested under subsection (1), an officer or other person designated under subsection (2) shall

    • (a) provide, in the prescribed manner, the customs administration of the state with the opinion or written report requested and any relevant supporting documents that may be requested by that customs administration; and

    • (b) determine whether the goods are originating within the meaning of the applicable provision referred to in subsection (1).

23 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1, a corresponding reference to “CUFTA” in column 2 and a corresponding reference to “Ukraine Tariff rates of customs duty under the Customs Tariff” in column 3.

24 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “Article 4.8 of CUFTA” in column 2.

25 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in column 1 and a corresponding reference to “CUFTA” in column 2.

26 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUFTA” in column 1 and a corresponding reference to “Chapters 3 and 4” in column 2.

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

• 27 (1) Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.5):

  • Marginal note:Definition of Ukraine Tariff

    (4.6) In this Act, Ukraine Tariff means the rates of customs duty referred to in section 52.5 of the Customs Tariff.

• (2) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Ukraine” in the list of countries.

28 The Act is amended by adding the following after section 19.0191: