Law:Canada–Peru Free Trade Agreement Implementation Act

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S.c. 2009, c. 16

Assented to 2009-06-18

An Act to implement the Free Trade Agreement between Canada and the Republic of Peru, the Agreement on the Environment between Canada and the Republic of Peru and the Agreement on Labour Cooperation between Canada and the Republic of Peru

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–Peru Free Trade Agreement Implementation Act.


Interpretation

Definitions

2. The definitions in this section apply in this Act.

“Agreement”

« Accord »

“Agreement” means the Free Trade Agreement between Canada and the Republic of Peru, signed on May 29, 2008.

“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 Commission”

« Commission mixte »

“Joint Commission” means the Joint Commission established under Article 2001 of the Agreement.

“Minister”

« ministre »

“Minister” means the Minister for International Trade.

“related agreement”

« accord connexe »

“related agreement” means

(a) the Agreement on the Environment between Canada and the Republic of Peru, signed on May 29, 2008; or

(b) the Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008.

Interpretation consistent with agreements

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

Non-application of Act or 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.

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 a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related agreement.


Her Majesty

Binding on Her Majesty

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


Purpose

Purpose

7. The purpose of this Act is to implement the Agreement and the related 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;

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

(c) provide fair conditions of competition affecting trade between Canada and the Republic of Peru;

(d) substantially increase investment opportunities in Canada and the Republic of Peru;

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

(f) enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters;

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

(h) promote sustainable development.


Causes Of Action

Causes of action under Part 1

8. (1) No person has any cause of action and no proceedings of any kind shall be taken, without the consent in writing of the Attorney General of Canada, including the reasons why consent was given, 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 that Part.

Causes of action under the Agreement or a related agreement

(2) Subject to Section B of Chapter Eight of the Agreement and Part Three and Annex 4 of the Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008, 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 related agreement.


Part 1. Implementation Of The Agreement And The Related Agreements

Approval

Agreements approved

9. The Agreement and the related agreements are approved.


Administrative and Institutional Provisions

Canadian representative on Joint Commission

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

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 Commission.


Panels, Committees, Subcommittees and Working Groups

Powers of Minister

12. The Minister may

(a) appoint any person to be a representative of Canada on any committee or subcommittee referred to in Annex 2001.1 of the Agreement;

(b) appoint any person to be a panellist in accordance with Article 2108 of the Agreement; and

(c) propose candidates to serve as the chair of panels in accordance with that Article.

Administrative support

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

Payment of 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 panels, committees, subcommittees and working groups and to the assistants of panel members; and

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


Orders

Orders re Article 2114

15. (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 2114 of the Agreement, by order, do any one or more of the following:

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

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

(c) extend the application of any federal law to the Republic of Peru or to goods of the Republic of Peru; and

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

Period of order

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


Part 2. Related Amendments

Canadian International Trade Tribunal Act

16. (Amendment)

17. (Amendment)

18. (Amendment)

19. (Amendment)

20. (Amendment)

21. (Amendment)

22. (Amendment)


Commercial Arbitration Act

23. (Amendment)


Crown Liability and Proceedings Act

24. (Amendment)

25. (Amendments)

26. (Amendment)

27. (Amendment)

28. (Amendment)

29. (Amendment)

30. (Amendment)


Customs Act

31. (Amendments)

32. (Amendment)

33. (Amendment)

34. (Amendment)

35. (Amendment)


Customs Tariff

36. (Amendment)

37. (Amendment)

38. (Amendment)

39. (Amendment)

40. (Amendment)

41. (Amendment)

42. (Amendment)

43. (Amendment)

44. (Amendment)

45. (Amendments)

46. (Amendment)

47. (Amendment)

48. (Amendment)

49. (Amendments)


Department of Human Resources and Skills Development Act

50. (Amendment)

51. (Amendment)


Export and Import Permits Act

52. (Amendment)

53. (Amendment)

54. (Amendment)


Financial Administration Act

55. (Amendment)


Part 3. Coordinating Amendments And Coming Into Force

Coordinating Amendments

56. (Amendments)


Coming into Force

Order in council

Condition

(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the Republic of Peru has taken satisfactory steps to implement the Agreement and the related agreements.

Schedule 1

(Amendment)

Schedule 2

(Amendment)

Schedule 3

(Amendment)

Schedule 4

(Amendment)

Schedule 5

(Amendment)

Schedule 6

(Amendment)

Schedule 7

(Amendment)


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