Law:Canada–EFTA Free Trade Agreement Implementation Act

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S.c. 2009, c. 6

Assented to 2009-04-29

An Act to implement the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), the Agreement on Agriculture between Canada and the Republic of Iceland, the Agreement on Agriculture between Canada and the Kingdom of Norway and the Agreement on Agriculture between Canada and the Swiss Confederation

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

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


Interpretation

Definitions

2. (1) The definitions in this subsection apply in this Act.

“Agreement”

« Accord »

“Agreement” means the Free Trade Agreement between Canada and the States of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), signed on January 26, 2008.

“bilateral agreement”

« accord bilatéral »

“bilateral agreement” means

(a) the Agreement on Agriculture between Canada and the Republic of Iceland, signed on January 26, 2008;

(b) the Agreement on Agriculture between Canada and the Kingdom of Norway, signed on January 26, 2008; or

(c) the Agreement on Agriculture between Canada and the Swiss Confederation, signed on January 26, 2008.

“EFTA state”

« État de l’AELÉ »

“EFTA state” means a member state of the European Free Trade Association, namely:

(a) the Republic of Iceland;

(b) the Principality of Liechtenstein;

(c) the Kingdom of Norway; or

(d) the Swiss Confederation.

“federal law”

« texte législatif fédéral »

“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.

“Joint Committee”

« comité mixte »

“Joint Committee” means the committee established pursuant to Article 26 of the Agreement.

“Minister”

« ministre »

“Minister” means the Minister for International Trade.

Publication of agreements

(2) The Agreement and the bilateral agreements shall be published in the Canada Treaty Series.

Interpretation consistent with agreements

3. For greater certainty, this Act, any provision of an Act enacted or amended by Part 2 and any other federal law that implements a provision of the Agreement or a bilateral agreement or fulfils an obligation of the Government of Canada under the Agreement or a bilateral agreement shall be interpreted in a manner consistent with the Agreement or bilateral agreement, as the case may be.


Purpose

Purpose

4. The purpose of this Act is to implement the Agreement and the bilateral agreements, the objectives of which, as elaborated more specifically through their provisions, are to

(a) establish a free trade area in accordance with the Agreement and the bilateral agreements;

(b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the EFTA states in order to foster in Canada and in the EFTA states the advancement of economic activity;

(c) provide fair conditions of competition affecting trade between Canada and the EFTA states;

(d) establish a framework for further co-operation between Canada and the EFTA states in the light of developments in international economic relations, in particular with the aim of liberalizing trade in services and increasing investment opportunities; and

(e) contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade.


Her Majesty

Binding on Her Majesty

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


General

Causes of action under Part 1

6. (1) No person has any cause of action and no proceedings of any kind shall 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 Part 1 or an order made under Part 1.

Causes of action under agreements

(2) No person has any cause of action and no proceedings of any kind shall 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 or a bilateral agreement.

Non-application of agreements to water

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

Construction

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


Part 1. Implementation Of Agreements Generally

Approval of Agreements

Agreements approved

9. The Agreement and the bilateral agreements are approved.


Administrative and Institutional Provisions

Representative on Joint Committee

10. The Minister is the principal representative of Canada on the Joint Committee.

Payment of expenditures

11. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Committee.

Administrative support

12. The Minister shall designate an agency, division or branch of the Government of Canada to facilitate the operation of, and provide administrative assistance to arbitral tribunals established under, Chapter VIII of the Agreement.


Subcommittees and Working Groups

Appointments to subcommittees and working groups

13. The Minister may appoint any person to be a representative of Canada on the subcommittee referred to in Article 9 of the Agreement or on any subcommittee or working group established under Article 26 of the Agreement.

Costs

14. The Government of Canada shall pay the costs of or its appropriate share of the costs of

(a) the remuneration and expenses payable to members of arbitral tribunals, subcommittees and working groups; and

(b) the general expenses incurred by arbitral tribunals, subcommittees and working groups.


Orders

Orders re Article 31

15. (1) The Governor in Council may, for the purpose of suspending benefits or obligations in accordance with Article 31 of the Agreement, by order, do any one or more of the following:

(a) suspend rights or privileges granted by Canada to an EFTA state or to goods of an EFTA state under the Agreement, a bilateral agreement or any federal law;

(b) modify or suspend the application of any federal law enacted by Part 2, with respect to an EFTA state or to goods of an EFTA state;

(c) extend the application of any federal law to an EFTA state or to goods of an EFTA state; and

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

Period of order

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


Part 2. Related And Consequential Amendments

Canadian International Trade Tribunal Act

16. (Amendment)

17. (Amendment)

18. (Amendment)

19. (Amendment)

20. (Amendment)

21. (Amendment)

22. (Amendment)


Customs Act

23. (Amendments)

24. (Amendments)

25. (Amendment)

26. (Amendment)

27. (Amendment)

28. (Amendment)

29. (Amendment)


Customs Tariff

30. (Amendment)

31. (Amendment)

32. (Amendment)

33. (Amendment)

34. (Amendment)

35. (Amendment)

36. (Amendment)

37. (Amendments)


Part 3. Coming Into Force

Order in council

Schedules 1 To 7

(Amendments)


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