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Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act (S.C. 2018, c. 23)

Assented to 2018-10-25

PART 2Related Amendments and Transitional Provision (continued)

Related Amendments (continued)

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

Marginal note:2001, c. 25, s. 57

26 Subsection 97.2(1) of the Act is replaced by the following:

Marginal note:Exporters’ or producers’ records

  • 97.2 (1) Every person who exports goods or causes them to be exported for sale or for any industrial, occupational, commercial, institutional or other like use or any other use that may be prescribed, and every other person who has completed and signed a certificate in accordance with subsection 97.1(1) or (1.1), shall keep at the person’s place of business in Canada or at any other place that may be designated by the Minister any records in respect of those goods in the manner and for the period that may be prescribed and shall, if an officer requests, make them available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of the records.

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

28 Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPTPP” in column 1 and a corresponding reference to “paragraph 12 of Article 3.27 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Agreement by Article 1” in column 2.

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

30 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CPTPP” in column 1 and a corresponding reference to “Chapters 3 to 5 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Agreement by Article 1” in column 2.

R.S., c. 17 (2nd Supp.)Commercial Arbitration Act

31 Schedule 2 to the Commercial Arbitration Act is amended by adding, at the end of column 1, a reference to “Article 9.19 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Agreement by Article 1” and a corresponding reference to “Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8, 2018” in column 2.

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

Marginal note:2014, c. 14, s. 31(1)

  • 32 (1) The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:

    textile and apparel goods

    textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)

  • (2) Section 2 of the Act is amended by adding the following after subsection (4.6):

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

33 The Act is amended by adding the following after section 19.0192:

Marginal note:Definition of principal cause

  • 19.0193 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

  • Marginal note:Emergency measures — CPTPP country

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods of a CPTPP country, alone or together with the imported goods of other CPTPP countries, that are entitled to the benefit of a CPTPP 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for an inquiry and report.

  • Marginal note:Terms of reference

    (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:Tabling of report

    (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

  • Marginal note:Notice of report

    (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

34 Section 23 of the Act is amended by adding the following after subsection (1.081):

  • Marginal note:Filing of complaint — CPTPP Tariff

    (1.082) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to a CPTPP 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 of a CPTPP country, alone or together with the imported goods of other CPTPP countries, 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.

  • Marginal note:Filing of complaint — textile and apparel goods

    (1.083) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled under the Customs Tariff to a CPTPP 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 of a CPTPP country, alone or together with the imported goods of other CPTPP countries are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile or apparel goods.

Marginal note:2014, c. 14, s. 36

35 Subsection 25(2) of the Act is replaced by the following:

  • Marginal note:Notice of decision

    (2) Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwith

    • (a) notify the complainant in writing that the complaint is properly documented;

    • (b) notify each other interested party in writing of the receipt of the complaint and that the complaint is properly documented; and

    • (c) in the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

36 Paragraph 26(1)(a) of the Act is amended by adding the following after subparagraph (i.81):

  • (i.82) in the case of a complaint filed under subsection 23(1.082), the goods that are entitled to a CPTPP tariff, taken individually for each CPTPP country concerned, 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 cause, when considered collectively, of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

  • (i.83) in the case of a complaint filed under subsection 23(1.083), the textile and apparel goods that are entitled to a CPTPP tariff are as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

37 Subsection 27(1) of the Act is amended by adding the following after paragraph (a.81):

  • (a.82) in the case of a complaint filed under subsection 23(1.082), the goods that are entitled to a CPTPP tariff, taken individually for each CPTPP country concerned, are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to constitute a principal cause, when considered collectively, of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

  • (a.83) in the case of a complaint filed under subsection 23(1.083), the textile and apparel goods that are entitled to a CPTPP tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

Marginal note:2014, c. 28, s. 40(1)

  • 38 (1) The portion of subsection 30.03(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Notice of expiring orders

    • 30.03 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 55(1), section 60, subsection 63(1), 74(1) or (2), 76(1) or 77(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act, but no notice shall be published if

  • (2) Subsection 30.03(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):

    • (d) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 76(1) of the Customs Tariff is, in the case of motor vehicles of heading No. 87.03 imported from Japan, five years or in the case of any other goods, three years; or

    • (e) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 77(1) of the Customs Tariff is four years.

Marginal note:2014, c. 28, s. 41

39 Subsection 30.04(1) of the Act is replaced by the following:

Marginal note:Filing of request relating to extension orders

  • 30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 63(1), 74(7), 76(3) or 77(3) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

1997, c. 36Customs Tariff

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

Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act. (Accord de partenariat transpacifique global et progressiste)

CPTPP country

CPTPP country means a party to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. (pays PTPGP)

CPTPP tariff

CPTPP tariff means any of the following tariff treatments:

  • (a) the Comprehensive and Progressive Trans-Pacific Partnership Tariff;

  • (b) the Comprehensive and Progressive Australia Tariff;

  • (c) the Comprehensive and Progressive Brunei Tariff;

  • (d) the Comprehensive and Progressive Chile Tariff;

  • (e) the Comprehensive and Progressive Japan Tariff;

  • (f) the Comprehensive and Progressive Malaysia Tariff;

  • (g) the Comprehensive and Progressive Mexico Tariff;

  • (h) the Comprehensive and Progressive New Zealand Tariff;

  • (i) the Comprehensive and Progressive Peru Tariff;

  • (j) the Comprehensive and Progressive Singapore Tariff; and

  • (k) the Comprehensive and Progressive Vietnam Tariff. (tarif PTPGP)

Marginal note:2017, c. 8, s. 34

41 Subparagraph 14(2)(c)(xvii) of the Act is replaced by the following:

42 Section 27 of the Act is amended by adding the following in alphabetical order:

CPAUT

CPAUT refers to the Comprehensive and Progressive Australia Tariff. (TAUGP)

CPBNT

CPBNT refers to the Comprehensive and Progressive Brunei Tariff. (TBNGP)

CPCLT

CPCLT refers to the Comprehensive and Progressive Chile Tariff. (TCLGP)

CPJPT

CPJPT refers to the Comprehensive and Progressive Japan Tariff. (TJPGP)

CPMXT

CPMXT refers to the Comprehensive and Progressive Mexico Tariff. (TMXGP)

CPMYT

CPMYT refers to the Comprehensive and Progressive Malaysia Tariff. (TMYGP)

CPNZT

CPNZT refers to the Comprehensive and Progressive New Zealand Tariff. (TNZGP)

CPPET

CPPET refers to the Comprehensive and Progressive Peru Tariff. (TPEGP)

CPSGT

CPSGT refers to the Comprehensive and Progressive Singapore Tariff. (TSGGP)

CPTPT

CPTPT refers to the Comprehensive and Progressive Trans-Pacific Partnership Tariff. (TPTGP)

CPVNT

CPVNT refers to the Comprehensive and Progressive Vietnam Tariff. (TVNGP)

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