C-2424057-58Elizabeth II2009An 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 PeruCanada–Peru Free Trade Agreement Implementation ActCanada–Peru Free Trade Agreement20196
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C-8.416200990475Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Canada–Peru Free Trade Agreement Implementation Act.InterpretationDefinitionsThe definitions in this section apply in this Act.Agreement means the Free Trade Agreement between Canada and the Republic of Peru, signed on May 29, 2008. (Accord)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)Joint Commission means the Joint Commission established under Article 2001 of the Agreement. (Commission mixte)Minister means the Minister for International Trade. (ministre)related agreement meansthe Agreement on the Environment between Canada and the Republic of Peru, signed on May 29, 2008; orthe Agreement on Labour Cooperation between Canada and the Republic of Peru, signed on May 29, 2008. (accord connexe)Interpretation consistent with agreementsFor 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 waterFor greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.ConstructionFor 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 MajestyBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada.PurposePurposeThe 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 toestablish a free trade area in accordance with the Agreement;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;provide fair conditions of competition affecting trade between Canada and the Republic of Peru;substantially increase investment opportunities in Canada and the Republic of Peru;contribute, by the removal of barriers to trade, to the harmonious development and expansion of world trade;enhance and enforce environmental laws and regulations and strengthen cooperation on environmental matters;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; andpromote sustainable development.Causes of ActionCauses of action under Part 1No 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 agreementSubject 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.Implementation of the Agreement and the Related AgreementsApprovalAgreements approvedThe Agreement and the related agreements are approved.Administrative and Institutional ProvisionsCanadian representative on Joint CommissionThe Minister is the principal representative of Canada on the Joint Commission.Payment of expendituresThe 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 GroupsPowers of MinisterThe Minister mayappoint any person to be a representative of Canada on any committee or subcommittee referred to in Annex 2001.1 of the Agreement;appoint any person to be a panellist in accordance with Article 2108 of the Agreement; andpropose candidates to serve as the chair of panels in accordance with that Article.Administrative supportThe 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 costsThe Government of Canada shall pay the costs of or its appropriate share of the costs ofthe remuneration and expenses payable to members of panels, committees, subcommittees and working groups and to the assistants of panel members; andthe general expenses incurred by panels, committees, subcommittees and working groups.OrdersOrders re Article 2114The 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: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;modify or suspend the application of any federal law, with respect to the Republic of Peru or to goods of the Republic of Peru;extend the application of any federal law to the Republic of Peru or to goods of the Republic of Peru; andtake any other measure that the Governor in Council considers necessary for that purpose.Period of orderUnless repealed, an order made under subsection (1) has effect for the period specified in the order.Related AmendmentsCanadian International Trade Tribunal Act[Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment]Commercial Arbitration Act[Amendment]Crown Liability and Proceedings Act[Amendment][Amendments][Amendment][Amendment][Amendment][Amendment][Amendment]Customs Act[Amendments][Amendment][Amendment][Amendment][Amendment]Customs Tariff[Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendments][Amendment][Amendment][Amendment][Amendments]Department of Human Resources and Skills Development Act[Amendment][Amendment]Export and Import Permits Act[Amendment][Amendment][Amendment]Financial Administration Act[Amendment]Coordinating Amendments and Coming into ForceCoordinating Amendments[Amendments]Coming into ForceOrder in councilThe provisions of this Act, other than section 56, come into force on a day or days to be fixed by order of the Governor in Council.ConditionNo 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.[Note: Section 56 in force on assent June 18, 2009; Act, other than section 56, in force August 1, 2009, see SI/2009-67.][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment][Amendment]