Canada–United Kingdom Trade Continuity Agreement Implementation Act (S.C. 2021, c. 1)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada–United Kingdom Trade Continuity Agreement Implementation Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this section and in sections 3 to 15.

Agreement

Agreement means the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020. (Accord)

Canada–U.K. Joint Committee

Canada–U.K. Joint Committee means the Canada–U.K. Joint Committee established under the Agreement and whose powers, functions and duties are set out in Chapter Twenty-Six of CETA. (Comité mixte Canada–R.-U.)

CETA

CETA means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. (AÉCG)

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:References to CETA provisions

4 A reference in this Act to a provision of CETA is a reference to that provision as incorporated by reference in the Agreement.

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

5 For greater certainty, nothing in this Act or the Agreement, except Chapters Twenty-Two and Twenty-Four of CETA, applies to natural surface or ground water in liquid, gaseous or solid state.

Marginal note:Construction

6 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

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

Purpose

Marginal note:Purpose

8 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 the United Kingdom in order to create opportunities for economic development;

• (c) promote conditions of fair competition affecting trade between Canada and the United Kingdom;

• (d) substantially increase investment opportunities in Canada and the United Kingdom, while preserving the right of each party to the Agreement to regulate to achieve legitimate policy goals;

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

• (f) provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies;

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

• (h) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the United Kingdom on environmental matters; and

• (i) promote sustainable development.

Causes of Action

Marginal note:Causes of action under sections 10 to 15

• 9 (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 10 to 15 or an order made under those sections.

• Marginal note:Causes of action under Agreement

  (2) 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.

• The following provision is not in force.

  Marginal note:Exception

  (3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Section F of Chapter Eight or Article 13.21 of CETA.

PART 1Implementation of the Agreement

Approval and Representation on the Canada–U.K. Joint Committee

Marginal note:Agreement approved

10 The Agreement is approved.

Marginal note:Canadian representative on Canada–U.K. Joint Committee

11 The Minister is the principal representative of Canada on the Canada–U.K. Joint Committee.

Tribunals, Arbitration Panels and Panels of Experts

Marginal note:Powers of Minister

• 12 (1) The Minister may

  • The following provision is not in force.

    (a) propose the names of individuals to serve as members of the tribunals established under Section F of Chapter Eight of CETA; and

  • (b) propose the names of individuals to be included in the sub-lists referred to in paragraph 1 of Article 29.8 of CETA.

• Marginal note:Power of Minister of Finance

  (2) The Minister of Finance may propose the names of individuals to be included in the sub-lists referred to in paragraph 3 of Article 13.20 of CETA.

• Marginal note:Powers of Minister of Labour

  (3) The Minister of Labour may propose the names of individuals to be included in the list established under paragraph 6 of Article 23.10 of CETA and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.

• Marginal note:Powers of Minister of the Environment

  (4) The Minister of the Environment may propose the names of individuals to be included in the list established under paragraph 6 of Article 24.15 of CETA and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.

Marginal note:Operation of Chapter Twenty-Nine

13 The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twenty-Nine of CETA.

Expenses

Marginal note:Payment of expenses

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

• The following provision is not in force.

  (a) the expenses incurred by tribunals established under the Agreement and the remuneration and expenses payable to members of those tribunals;

• (b) the expenses incurred by arbitration panels and Panels of Experts established under the Agreement and the remuneration and expenses payable to arbitrators, panellists on those Panels of Experts and mediators; and

• (c) the expenses incurred by the Canada–U.K. Joint Committee and the specialized committees, bilateral dialogues, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the Canada–U.K. Joint Committee and those specialized committees and to members of those bilateral dialogues, working groups and other bodies.

Orders

Marginal note:Orders — Article 29.14 of CETA

• 15 (1) The Governor in Council may, for the purpose of suspending obligations in accordance with Article 29.14 of CETA, by order, do any one or more of the following:

  • (a) suspend rights or privileges granted by Canada to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law with respect to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom;

  • (c) extend the application of any federal law to the United Kingdom or to goods, service suppliers, investors or investments of investors of the United Kingdom;

  • (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 and Transitional Provision

Related Amendments

R.S., c. E-19Export and Import Permits Act

16 [Amendments]

17 [Amendments]

18 [Amendments]

19 [Amendments]

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

20 [Amendments]

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

21 [Amendments]

22 [Amendments]

R.S., c. 28 (1st Supp.)Investment Canada Act

23 [Amendments]

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

24 [Amendments]

25 [Amendments]

26 [Amendments]

27 [Amendments]

28 [Amendments]

29 [Amendments]

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

1992, c. 31Coasting Trade Act

31 [Amendments]

32 [Amendments]

33 [Amendments]

34 [Amendments]

1997, c. 36Customs Tariff

35 [Amendments]

36 [Amendments]

37 [Amendments]

38 [Amendments]

39 [Amendments]

40 [Amendments]

41 [Amendments]

42 [Amendments]

43 [Amendments]

44 [Amendments]

45 [Amendments]

46 [Amendments]

47 [Amendments]

48 [Amendments]

49 [Amendments]

Transitional Provision

Marginal note:Investment Canada Act

50 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 23 of this Act comes into force and in respect of which the Minister of Industry has not made a decision referred to in section 23.1 of the Investment Canada Act before that day is deemed never to have been filed if

• (a) the investment to which the application relates would have been subject to subsection 14.11(1) or (2) of that Act had the application been filed on that day; and

• (b) the enterprise value of the assets to which the application relates is less than the amount determined in accordance with subsection 14.11(1) of that Act.