Law:Canada-Israel Free Trade Agreement Implementation Act

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S.c. 1996, c. 33

Assented to 1996-12-18

An Act to implement the Canada-Israel Free Trade Agreement

Preamble

WHEREAS the Government of Canada and the Government of the State of Israel have entered into a Free Trade Agreement

desiring to strengthen their economic relations and to promote economic development,

wishing to create a framework for promoting investment and cooperation,

resolved to foster the development of their trade with due regard to fair conditions of competition,

recalling the mutual interest of the Government of Canada and the Government of the State of Israel in reinforcement of the multilateral trading system as reflected in the Agreement Establishing the World Trade Organization,

recalling that the Government of Canada and the Government of the State of Israel entered into a Memorandum of Understanding on September 27, 1976 that established a Joint Economic Commission, which was continued under a Memorandum of Understanding on Economic Cooperation entered into on August 5, 1993, and

wishing to establish a free trade area between the two countries through the removal of trade barriers,

WHEREAS the Government of Canada has entered into the Agreement having further resolved to strengthen the Canadian economy and Canada’s competitiveness as a trading nation;

WHEREAS the Government of Canada has announced its willingness to extend the benefits of the Agreement to another beneficiary;

WHEREAS the Agreement applies generally throughout Canada;

AND WHEREAS it is necessary, in order to give effect to the Agreement, to make related or consequential amendments to certain Acts;

NOW, THEREFORE, 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-Israel 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 entered into between the Government of Canada and the Government of the State of Israel and signed on July 31, 1996, and includes any rectifications to it made before its ratification by Canada.

“Commission”

« Commission »

“Commission” means the Canada-Israel Trade Commission established under paragraph 1 of Article 8.2 of the Agreement.

“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.

“Minister”

« ministre »

“Minister”, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated under section 9 as the Minister for the purposes of that provision.

Publication of Agreement

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

Interpretation consistent with Agreement

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


Purpose

Purpose

4. The purpose of this Act is to implement the Agreement, the objective of which, as elaborated more specifically through its provisions, is to eliminate barriers to trade in, and facilitate the movement of, goods within the free-trade area established by the Agreement, and thereby to promote conditions of fair competition and substantially increase investment opportunities in that free-trade area.


Her Majesty

Binding on Her Majesty

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


General

Causes of action under Part I

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 I or an order or regulation made under Part I.

Causes of action under the Agreement

(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.

Non-application of Agreement to water

7. (1) For greater certainty, nothing in this Act or the Agreement, except Article 2.1 of the Agreement, applies to water.

Definition of “water”

(2) In this section, “water” means natural surface and ground water in liquid, gaseous or solid state, but does not include water packaged as a beverage or in tanks.


Part I. Implementation Of Agreement Generally

Approval of Agreement

Agreement approved

8. The Agreement is hereby approved.


Designation of Minister

Order designating Minister

9. The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.


Administrative and Institutional Provisions

Appointment of representative on the Commission

10. The Minister for International Trade is the principal representative of Canada on the Commission.

Payment of expenditures

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

Administrative support

12. The Minister for International Trade shall designate an agency, division or branch of the Government of Canada to facilitate the operation of, and provide administrative assistance to panels established under, Chapter Eight of the Agreement.

Appointments to certain committees

13. The Minister for International Trade may appoint any person to be a representative of Canada on any committee or working group referred to in paragraph 4 of Article 8.2 of the Agreement.

Costs of panels

14. The Government of Canada shall, in accordance with Annex 8.9 of the Agreement, pay the costs of or its appropriate share of the costs of

(a) the remuneration and expenses payable to panellists and assistants; and

(b) the general expenses incurred by panels.


Regulations

Regulations

15. The Governor in Council may make regulations

(a) for carrying out the purposes and provisions of this Act; and

(b) on the recommendation of the Minister for International Trade, for carrying out and giving effect to paragraph 1 of Annex 8.9 of the Agreement.


Part Ii. Consequential Amendments

16. to 61. (Amendments)


Part Iii. Coming Into Force

Coming into force

Condition

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

Schedule


d class="noBorderBot
Tariff Item Description of Goods Most- Favoured- Nation Tariff MFN Staging Category General Preferential Tariff United States Tariff Mexico Tariff Mexico- United States Tariff NAFTA Staging Category
0603.10.21
N/a N/a N/a N/a N/a N/a N/a
Cifta
Free
0603.10.29
G X N/a N/a N/a
Base Rate ....... 12.5% 6.2% d class="noBorderBottom bottom " /
BPT Free
Final Rate ....... 10.6%
0712.90.40
G X N/a B
Base Rate ....... 10% 5% 5%
Final Rate ....... 6.4%
0902.10
0902.10.10
Free K Free Free Free N/a D
0902.10.90
Free K Free Free Free N/a D
0902.30
0902.30.10
Free K Free Free Free N/a D
0902.30.90
Free K Free Free Free N/a D
1211.10
1211.10.10
Free K Free Free Free N/a D
1211.10.90
Free K Free Free Free N/a D
1211.20
1211.20.10
Free K Free Free Free N/a D
1211.20.90
Free K Free Free Free N/a D
1211.90
1211.90.10
Free K Free Fre Free N/a D
1211.90.90
Free K Free Free Free N/a D
1604.20.20
F 7% B
Base Rate ....... 11% 5.5% 7% 7%
Cifta
Free
Final Rate ....... 7.2%
1901.90.51
G 5% N/a N/a N/a
Base Rate ....... 15.5% 7.7% d clas
Final Rate ....... 6.7%
1901.90.52
G X N/a N/a N/a N/a
Base Rate ....... 315.1% but no tless than $1.36/kg
Final Rate ....... 267.8% but not less than $1.16/kg
1901.90.53
G 5% N/a N/a N/a
Base Rate....... 15.5% 7.7%
Final Rate ....... 6.7%
1901.90.54
G X N/a N/a N/a N/a
Base Rate ....... 295.2% but not less than $3.42/kg
Final Rate ....... 250.9% but not less than $2.91/kg
1901.90.59
G 5% N/a C
Base Rate ....... 15.5% 7.7% 7.5%
Final Rate ....... 9.9%
2005.90.92
G X N/a B
Base Rate ....... 12.5% 6.2% 6.2%
Final Rate ....... 8%
2008.40.20
G X N/a B
Base Rate ....... 15% 7.5% 7.5%
Cifta
Free
Final Rate ....... 9.6%
2008.99.12
G X N/a B
Base Rate ....... 5% 2.5% 2.5%
Cifta
Free
Final Rate ....... 4.3%
5402.41.11
J 5% Freed class="noBorderBottN/a A
Base Rate ....... 10% 5% and 5.5¢/kg
On and after January 1, 2000 9.8%
On and after January 1, 2001 9.4%
On and after January 1, 2002 8.9%
On and after January 1, 2003 8.5%
On and after January 1, 2004 8%
5402.41.19
J 5% Free N/a A
Base Rate ....... 10% 5% and 5.5¢/kg
On and after January 1, 2000 9.8%
d clas On and after January 1, 2001 9.4%
On and after January 1, 2002 8.9%
On and after January 1, 2003 8.5%
On and after January 1, 2004 8%
5402.41.91
J 5% N/a B+
Base Rate ....... 10% 5% and 5.5¢/kg 6.5% and 8.52¢/kg
On and after January 1, 2000 9.8%
On and after January 1, 2001 9.4%
On and after January 1, 2002 8.9% d class
On and after January 1, 2003 8.5%
On and after January 1, 2004 8%
5402.41.99
J 5% N/a B+
Base Rate ....... 10% 5% and 5.5¢/kg 6.5% and 8.52¢/kg
On and after January 1, 2000 9.8%
On and after January 1, 2001 9.4%
On and after January 1, 2002 8.9%
On and after January 1, 2003 8.5%
On and after January 1, 2004 8%
8529.90.61
M Free Free Free Free A
Initial Rate ....... 4%
Bpt
Free
Final Rate ....... Free
8529.90.69
Bpt M Free Free Free Free A
Initial Rate ....... 4%
Bpt
d classFree
Final Rate....... Free
9827.00.00 Goods, regardless of country of origin or tariff treatment entitlement, other than goods of tariff item No. 9820.00.00, returned to Canada after having been exported to Israel or a CIFTA beneficiary for repair or alteration ....... N/a N/a N/a N/a N/a N/a N/a
Cifta
Free
9828.00.00 Kosher goods of heading No. 22.04 or 22.05 that originate in Israel or a CIFTA beneficiary ....... N/a N/a N/a N/a N/a N/a N/a
Cifta
Free
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