Canada–Ukraine Free Trade Agreement Implementation Act (S.C. 2017, c. 8)
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Assented to 2017-06-01
PART 2Related Amendments (continued)
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act (continued)
Marginal note:2014, c. 28, s. 36
29 Section 21.1 of the Act is replaced by the following:
Marginal note:Definition of complaint
21.1 In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.098) 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.
30 Section 23 of the Act is amended by adding the following after subsection (1.097):
Marginal note:Filing of complaint — Ukraine Tariff
(1.098) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Ukraine 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.
31 Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.97) and by adding the following after that subparagraph:
(i.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine 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
32 Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.97) and by adding the following after that paragraph:
(a.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine 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 principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or
1997, c. 36Customs Tariff
33 Subsection 2(1) of the Customs Tariff is amended by adding the following in alphabetical order:
- Canada–Ukraine Free Trade Agreement
Canada–Ukraine Free Trade Agreement has the same meaning as Agreement in section 2 of the Canada–Ukraine Free Trade Agreement Implementation Act. (Accord de libre-échange Canada–Ukraine)
- Ukraine
Ukraine means
(a) the land territory, air space, internal waters and territorial sea of Ukraine;
(b) the exclusive economic zone of Ukraine, as determined by its domestic law, consistent with Part V of UNCLOS; and
(c) the continental shelf of Ukraine, as determined by its domestic law, consistent with Part VI of UNCLOS. (Ukraine)
- UNCLOS
UNCLOS means the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982. (CNUDM)
Marginal note:2014, c. 28, s. 45
34 Subparagraph 14(2)(c)(xvi) of the Act is replaced by the following:
(xvi) subsection 75(1),
(xvii) subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act.
35 Section 27 of the Act is amended by adding the following in alphabetical order:
- UAT
UAT refers to the Ukraine Tariff. (TUA)
36 The Act is amended by adding the following after section 52.4:
Ukraine Tariff
Marginal note:Application of UAT
52.5 (1) Subject to section 24, goods that originate in Ukraine are entitled to the Ukraine Tariff rates of customs duty.
Marginal note:“A” final rate for UAT
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UAT” in relation to goods entitled to the Ukraine Tariff, the Ukraine Tariff rate of customs duty that applies to those goods is the final rate of “Free”.
Marginal note:“F” staging for UAT
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UAT” in relation to goods entitled to the Ukraine Tariff, the Ukraine Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.
37 The Act is amended by adding the following after section 74:
Bilateral Emergency Measures — Ukraine
Marginal note:Order by Governor in Council
75 (1) Subject to subsections (2) to (4), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.0192(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.098) of that Act, that goods that are entitled to the Ukraine 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 principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order
(a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 52.5;
(b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Ukraine Tariff that is in effect in respect of those goods at that time, is not to exceed the lesser of
(i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season immediately before the order is made, and
(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods for the corresponding season immediately before the coming into force of this subsection; and
(c) in respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Ukraine Tariff that is in effect in respect of those goods at that time, is not to exceed the lesser of
(i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and
(ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection.
Marginal note:Terms and conditions
(2) An order referred to in subsection (1)
(a) is not to be made more than once in respect of goods of any particular kind;
(b) remains in effect only for the period, not exceeding three years, that is specified in the order; and
(c) may be in effect during the period beginning on the day on which this section comes into force and ending on the day before the seventh anniversary of the day on which this section comes into force.
Marginal note:Rate of duty when order ceases to have effect
(3) When an order made under subsection (1) ceases to have effect, the rate of customs duty applicable to the goods is the rate of customs duty that is applicable in accordance with section 52.5.
Marginal note:Definition of principal cause
(4) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is not less important than any other cause of the serious injury or threat.
38 Section 79 of the Act is amended by adding the following after paragraph (o):
(p) subsection 75(1).
39 The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “UAT” opposite the reference to “Ukraine”.
40 The List of Tariff Provisions set out in the schedule to the Act is amended by
(a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “GPT”, a reference to “UAT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “UAT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UAT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UAT”, for all tariff items except those tariff items set out in Schedules 1 to 3 to this Act;
(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UAT” for those tariff items set out in Schedule 1 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UAT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
41 The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 3 to this Act.
2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act
42 The schedule to the Department of Employment and Social Development Act is amended by adding the following in alphabetical order:
Chapter 13 of the Free Trade Agreement between Canada and Ukraine, done at Kyiv on July 11, 2016, as amended from time to time in accordance with Article 19.3 of that Agreement.
PART 3Coordinating Amendments and Coming into Force
Coordinating Amendments
Marginal note:Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act
43 (1) Subsections (2) to (13) apply if a Bill entitled the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (in this section referred to as the “other Act”) is introduced in the 1st session of the 42nd Parliament and receives royal assent.
(2) If subsection 83(1) of the other Act comes into force before subsection 21(1) of this Act, then that subsection 21(1) is repealed.
(3) If subsection 21(1) of this Act comes into force before subsection 83(1) of the other Act, then that subsection 83(1) is repealed.
(4) If subsection 83(1) of the other Act comes into force on the same day as subsection 21(1) of this Act, then that subsection 21(1) is deemed never to have come into force and is repealed.
(5) If subsection 83(2) of the other Act comes into force before subsection 21(2) of this Act, then that subsection 21(2) is replaced by the following:
(2) Subsection 42.1(1.1) of the Act is amended by adding the following after paragraph (b):
(c) 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.
(6) If subsection 21(2) of this Act comes into force before subsection 83(2) of the other Act, then that subsection 83(2) is replaced by the following:
(2) Subsection 42.1(1.1) of the Act is amended by adding the following after paragraph (b):
(c) a verification of origin of goods for which preferential tariff treatment under CETA is claimed, by requesting in writing that the customs administration of the EU country or other CETA beneficiary of export conduct a verification and provide a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA.
(7) If subsection 83(2) of the other Act comes into force on the same day as subsection 21(2) of this Act, then that subsection 83(2) is deemed to have come into force before that subsection 21(2) and subsection (5) applies as a consequence.
(8) If subsection 83(3) of the other Act comes into force before subsection 21(3) of this Act, then that subsection 21(3) is replaced by the following:
(3) Subsection 42.1(3) of the Act is amended by adding the following after paragraph (a.1):
(a.2) in the case of CUFTA, if Ukraine fails to conduct a verification or provide a written report as to whether the goods are originating;
(9) If subsection 21(3) of this Act comes into force before subsection 83(3) of the other Act, then that subsection 83(3) is replaced by the following:
(3) Subsection 42.1(3) of the Act is amended by adding the following after paragraph (a.1):
(a.2) in the case of CETA, if the EU country or other CETA beneficiary of export fails to conduct a verification or provide a written report as to whether the goods are originating;
(10) If subsection 83(3) of the other Act comes into force on the same day as subsection 21(3) of this Act, then that subsection 83(3) is deemed to have come into force before that subsection 21(3) and subsection (8) applies as a consequence.
(11) On the first day on which both subsection 84(1) of the other Act and subsection 22(1) of this Act are in force, subsection 97.201(1) of the Customs Act is replaced by the following:
Marginal note:Verification of origin — certain agreements
97.201 (1) The customs administration of any state or beneficiary 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;
(b) a written report as to whether the goods are originating within the meaning of Chapter 3 of CUFTA; or
(c) a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA.
(12) If subsection 84(2) of the other Act comes into force before subsection 22(2) of this Act, then that subsection 22(2) is repealed.
(13) If subsection 84(2) of the other Act comes into force on the same day as subsection 22(2) of this Act, then that subsection 22(2) is deemed to have come into force before that subsection 84(2).
Coming into Force
Marginal note:Order in council
44 This Act, other than section 43, comes into force on a day to be fixed by order of the Governor in Council.
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