Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)
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Assented to 2009-06-18
Canada–Peru Free Trade Agreement Implementation Act
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
SUMMARY
This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Peru and signed at Lima on May 29, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Canada–Peru Free Trade Agreement Implementation Act.
INTERPRETATION
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note:Binding on Her Majesty
6. This Act is binding on Her Majesty in right of Canada.
PURPOSE
Marginal note: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
Marginal note: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.
Marginal note: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 1IMPLEMENTATION OF THE AGREEMENT AND THE RELATED AGREEMENTS
Approval
Marginal note:Agreements approved
9. The Agreement and the related agreements are approved.
Administrative and Institutional Provisions
Marginal note:Canadian representative on Joint Commission
10. The Minister is the principal representative of Canada on the Joint Commission.
Marginal note: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
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note: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.
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
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
16. Subsection 2(5) of the Canadian International Trade Tribunal Act is replaced by the following:
Marginal note:Definition of “Peru Tariff”
(4.1) In this Act, “Peru Tariff” means the rates of customs duty referred to in section 49.5 of the Customs Tariff.
Marginal note:Goods imported from a NAFTA country, Chile, Costa Rica or Peru
(5) For the purposes of this Act, goods are imported from a NAFTA country, from Chile, from Costa Rica or from Peru if they are shipped directly to Canada from the NAFTA country, Chile, Costa Rica or Peru, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
17. The Act is amended by adding the following after section 19.013:
Definition of “principal cause”
19.014 (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 — Peru
(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Peru Tariff are, as a result of that entitlement, 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 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 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.
18. The Act is amended by adding the following after section 20.03:
Definition of “principal cause”
20.04 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.
Marginal note:Determination in respect of Peruvian goods
(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Peru that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.
Marginal note:Determinations
(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Marginal note:Inquiry under section 30.07
(4) In an inquiry under section 30.07 into goods imported from Peru conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Peru are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Marginal note:2001, c. 28, s. 21
19. Section 21.1 of the Act is replaced by the following:
Definition of “complaint”
21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07), (1.08) or (1.09) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.
20. Section 23 of the Act is amended by adding the following after subsection (1.08):
Marginal note:Filing of complaint — Peru Tariff
(1.09) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Peru 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 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.
21. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.8) and by adding the following after that subparagraph:
(i.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, 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, or
22. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.8) and by adding the following after that paragraph:
(a.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru 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; or
R.S., c. 17 (2nd Supp.)Commercial Arbitration Act
23. Subsection 5(4) of the Commercial Arbitration Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act.
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:1994, c. 11. s. 1
24. The heading before section 20.1 of the Crown Liability and Proceedings Act is replaced by the following:
Environmental and Labour Cooperation Treaties
Marginal note:1994, c. 11, s. 1; 1997, c. 14, s. 33
25. (1) The definitions “apppropriate Commission”, “Canada–Chile Environmental Cooperation Agreement”, “Canada–Chile Labour Cooperation Agreement”, “Environmental Cooperation Agreement” and “Labor Cooperation Agreement” in section 20.1 of the Act are repealed.
Marginal note:1997, c. 14, s. 33(1)
(2) The definitions “panel” and “panel determination” in section 20.1 of the Act are replaced by the following:
“panel”
« groupe spécial »
“panel” means an arbitral panel or a review panel convened under an environmental cooperation treaty or a labour cooperation treaty;
“panel determination”
« décision d’un groupe spécial »
“panel determination” means a panel determination as defined in an environmental cooperation treaty or a labour cooperation treaty or, if that expression is not defined, a determination made by a panel under one of those treaties regarding the amount of a monetary assessment that Canada is required to pay.
(3) Section 20.1 of the Act is amended by adding the following in alphabetical order:
“appropriate party”
« partie compétente »
“appropriate party”, in respect of a panel determination, means
(a) the Commission for Environmental Cooperation established under Article 8 of the treaty referred to in item 1 of Part 1 of the schedule,
(b) the Canada–Chile Commission for Environmental Cooperation established under Article 8 of the treaty referred to in item 2 of Part 1 of the schedule,
(c) the Commission for Labor Cooperation established under Article 8 of the treaty referred to in item 1 of Part 2 of the schedule,
(d) the Canada–Chile Commission for Labour Cooperation established under Article 8 of the treaty referred to in item 2 of Part 2 of the schedule, or
(e) any other party to whom Canada is required to pay a monetary assessment as a result of a panel determination;
“environmental cooperation treaty”
« traité sur l’environnement »
“environmental cooperation treaty” means any treaty respecting environmental cooperation referred to in Part 1 of the schedule;
“labour cooperation treaty”
« traité sur le travail »
“labour cooperation treaty” means any treaty respecting labour cooperation referred to in Part 2 of the schedule;
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