Bill C-14: An Act to amend the Agreement on Internal Trade Implementation Act and the Crown Liability and Proceedings Act

C-14 First Session, Forty-first Parliament, 60 Elizabeth II, 2011 HOUSE OF COMMONS OF CANADA BILL C-14 An Act to amend the Agreement on Internal Trade Implementation Act and the Crown Liability and Proceedings Act first reading, October 6, 2011 MINISTER OF INDUSTRY AND MINISTER OF STATE (AGRICULTURE) 90582 RECOMMENDATION His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Agreement on Internal Trade Implementation Act and the Crown Liability and Proceedings Act”. SUMMARY This enactment amends the Agreement on Internal Trade Implementation Act to reflect changes made to Chapter 17 of the Agreement on Internal Trade. It provides primarily for the enforceability of orders to pay tariff costs and monetary penalties made under Chapter 17 of the Agreement against the Government of Canada. It also repeals subsection 28(3) of the Crown Liability and Proceedings Act. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 1st Session, 41st Parliament, 60 Elizabeth II, 2011 house of commons of canada BILL C-14 An Act to amend the Agreement on Internal Trade Implementation Act and the Crown Liability and Proceedings Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Improving Trade Within Canada Act. 1996, c. 17 AGREEMENT ON INTERNAL TRADE IMPLEMENTATION ACT 2. The definition “Agreement” in section 2 of the Agreement on Internal Trade Implementation Act is replaced by the following: “Agreement”« Accord » “Agreement” means the Agreement on Internal Trade signed in 1994, as amended from time to time; 3. The Act is amended by adding the following after section 8: Orders Made Under Chapter 17 of the Agreement Orders of Federal Court 8.1 (1) An order to pay tariff costs made under Article 1706.1 or 1716(3) of the Agreement or an order to pay a monetary penalty made under Article 1707(11) of the Agreement against the Government of Canada may, for the purpose of its enforcement only, be made an order of the Federal Court. Procedure (2) To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court. Enforcement 8.2 An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court. Orders final and binding 8.3 An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court. 4. The heading before section 9 of the English version of the Act is replaced by the following: Orders of the Governor in Council 5. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following: Orders 9. (1) For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, the Governor in Council may, by order, do any one or more of the following: (2) Paragraphs 9(3)(a) and (b) of the Act are replaced by the following: (a) the requirements for standing set out in Article 1703(8) of the Agreement; and (b) the conditions and limitations set out in Articles 1709(3), (4) and (10) of the Agreement. 6. Section 12 of the Act is replaced by the following: Rosters 12. The Governor in Council may appoint any person who meets the requirements set out in Annex 1704(2) of the Agreement to be on the rosters referred to in Article 1704(2) of the Agreement. R.S., c. C-50; 1990, c. 8, s. 21 CROWN LIABILITY AND PROCEEDINGS ACT 1996, c. 17, s. 15 7. Subsection 28(3) of the Crown Liability and Proceedings Act is repealed. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada Explanatory Notes Agreement on Internal Trade Implementation Act Clause 2: Existing text of the definition: “Agreement” means the Agreement on Internal Trade signed in 1994 and published in Part I of the Canada Gazette; Clause 3: New. Clause 4: Existing text of the heading: Orders Clause 5: (1) Relevant portion of subsection 9(1): 9. (1) For the purpose of suspending benefits or imposing retaliatory measures of equivalent effect against a province pursuant to Article 1710 of the Agreement, the Governor in Council may, by order, do any one or more of the following: (2) Relevant portion of subsection 9(3): (3) For greater certainty, the making of an order under subsection (1) shall be in accordance with and subject to Chapter 17 of the Agreement, in particular, (a) the requirements for standing set out in paragraph 1704(8) of the Agreement; and (b) the conditions and limitations set out in paragraphs 1710(3), (4) and (10) of the Agreement. Clause 6: Existing text of section 12: 12. The Governor in Council may appoint any person to be on the roster of panellists required by Article 1705 of the Agreement. Crown Liability and Proceedings Act Clause 7: Existing text of subsection 28(3): (3) For greater certainty, a proceeding referred to in subsection (1) shall include proceedings initiated or conducted under Article 1705 or 1717 of the Agreement as defined in section 2 of the Agreement on Internal Trade Implementation Act.