Bill C-100: An Act to implement the Agreement between Canada, the United States of America and the United Mexican States

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First Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content ENGLISHRECOMMENDATIONRECOMMENDATIONSUMMARYSUMMARYTABLE OF PROVISIONSTABLE OF PROVISIONS1 Short Title1 Short Title2 Interpretation2 Interpretation6 Her Majesty6 Her Majesty7 Purpose7 Purpose8 Causes of Action8 Causes of Action9 PART 1 Implementation of Agreement9 PART 1 Implementation of Agreement9 Approval, Designation of Minister and Representation on Commission9 Approval, Designation of Minister and Representation on Commission12 Secretariat12 Secretariat16 Panels and Committees16 Panels and Committees17 Labour Council17 Labour Council18 Expenses18 Expenses19 Orders19 Orders20 PART 2 Related Amendments20 PART 2 Related Amendments20 Canada Deposit Insurance Corporation Act20 Canada Deposit Insurance Corporation Act21 Competition Act21 Competition Act22 Copyright Act22 Copyright Act22 Amendments to the Act22 Amendments to the Act32 Transitional Provision32 Transitional Provision33 Criminal Code33 Criminal Code37 Excise Tax Act37 Excise Tax Act38 Export and Import Permits Act38 Export and Import Permits Act51 Fertilizers Act51 Fertilizers Act52 Financial Administration Act52 Financial Administration Act55 Food and Drugs Act55 Food and Drugs Act57 Canada Grain Act57 Canada Grain Act68 Importation of Intoxicating Liquors Act68 Importation of Intoxicating Liquors Act70 Special Import Measures Act70 Special Import Measures Act70 Amendments to the Act70 Amendments to the Act103 Transitional Provisions103 Transitional Provisions106 Trade-marks Act106 Trade-marks Act109 Investment Canada Act109 Investment Canada Act112 Customs Act112 Customs Act136 Commercial Arbitration Act136 Commercial Arbitration Act137 Canadian International Trade Tribunal Act137 Canadian International Trade Tribunal Act137 Amendments to the Act137 Amendments to the Act148 Transitional Provisions148 Transitional Provisions151 Broadcasting Act151 Broadcasting Act152 Trust and Loan Companies Act152 Trust and Loan Companies Act157 Bank Act157 Bank Act170 Insurance Companies Act170 Insurance Companies Act182 Customs Tariff182 Customs Tariff204 Pest Control Products Act204 Pest Control Products Act205 PART 3 Coordinating Amendments and Coming into Force205 PART 3 Coordinating Amendments and Coming into Force205 Coordinating Amendments205 Coordinating Amendments208 Coming into Force208 Coming into ForceSCHEDULE 1SCHEDULE 1SCHEDULE 2SCHEDULE 2SCHEDULE 3SCHEDULE 3SCHEDULE 4SCHEDULE 4SCHEDULE 5SCHEDULE 5EXPLANATORY NOTESEXPLANATORY NOTES First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-100 An Act to implement the Agreement between Canada, the United States of America and the United Mexican States FIRST READING, May 29, 2019 PRIME MINISTER 90896 RECOMMENDATION Her 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 implement the Agreement between Canada, the United States of America and the United Mexican States”. SUMMARY This enactment implements the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018. The general provisions of the enactment set out rules of interpretation and specify that no recourse is to be taken on the basis of sections 9 to 19 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada. Part 1 approves the Agreement, provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional and administrative aspects of the Agreement and gives the Governor in Council the power to make orders in accordance with the Agreement. Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement. Part 3 contains coordinating amendments and the coming into force provisions. Available on the House of Commons website at the following address: www.ourcommons.ca TABLE OF PROVISIONS An Act to implement the Agreement between Canada, the United States of America and the United Mexican States Short Title 1  Canada–United States–Mexico Agreement Implementation Act Interpretation 2  Definitions 3  Interpretation consistent with Agreement 4  Non-application of Act and Agreement to water 5  Construction Her Majesty 6  Binding on Her Majesty Purpose 7  Purpose Causes of Action 8  Causes of action under sections 9 to 19 PART 1  Implementation of Agreement Approval, Designation of Minister and Representation on Commission 9  Approval 10  Order designating Minister 11  Canadian representative on Commission Secretariat 12  Continuation of Secretariat 13  Continuation of Canadian Section of Secretariat 14  Secretary 15  Staff Panels and Committees 16  Powers of Minister Labour Council 17  Powers of Minister of Labour Expenses 18  Payment of expenditures Orders 19  Orders — Article 31.‍19 of Agreement PART 2  Related Amendments 20  Canada Deposit Insurance Corporation Act 21  Competition Act 22  Copyright Act 33  Criminal Code 37  Excise Tax Act 38  Export and Import Permits Act 51  Fertilizers Act 52  Financial Administration Act 55  Food and Drugs Act 57  Canada Grain Act 68  Importation of Intoxicating Liquors Act 70  Special Import Measures Act 106  Trade-marks Act 109  Investment Canada Act 112  Customs Act 136  Commercial Arbitration Act 137  Canadian International Trade Tribunal Act 151  Broadcasting Act 152  Trust and Loan Companies Act 157  Bank Act 170  Insurance Companies Act 182  Customs Tariff 204  Pest Control Products Act PART 3  Coordinating Amendments and Coming into Force Coordinating Amendments 205  2018, c. 27 206  Bill C-75 207  2014, c. 20 Coming into Force 208  Day Agreement enters into force SCHEDULE 1  SCHEDULE 2  SCHEDULE 3  SCHEDULE 4  SCHEDULE 5  1st Session, 42nd Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-100 An Act to implement the Agreement between Canada, the United States of America and the United Mexican States 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 Canada–United States–Mexico Agreement Implementation Act. Interpretation Definitions 2 The following definitions apply in this section and sections 3 to 19. Agreement means the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018.‍ (Accord) Commission means the Free Trade Commission established under the Agreement and whose powers, functions and duties are set out in Chapter 30 of the Agreement.‍ (Commission) 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) Minister for the purposes of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 10.‍ (ministre) North American Free Trade Agreement means the North American Free Trade Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City, Ottawa and Washington, on December 17, 1992.‍ (Accord de libre-échange nord-américain) Interpretation consistent with Agreement 3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement. Non-application of Act and 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 fulfil any of the obligations of the Government of Canada under the Agreement. Her Majesty Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada. Purpose Purpose 7 The principal purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to (a) replace the North American Free Trade Agreement; (b) establish a free trade area in accordance with the Agreement; (c) further support mutually beneficial trade between the parties to the Agreement as well as their economic growth; (d) preserve and expand regional trade and production by further incentivizing the production and sourcing of goods and materials in the territories of the parties to the Agreement; (e) establish a clear, transparent, and predictable legal and commercial framework for business planning that supports further expansion of trade and investment, including in the online environment and in creative and innovative sectors; (f) promote efficient and transparent customs procedures that reduce costs and ensure predictability for importers and exporters; (g) recognize the right of the parties to the Agreement to regulate, in accordance with the rights and obligations provided for in the Agreement, in order to protect legitimate public welfare objectives; (h) recognize the right of the parties to the Agreement to adopt or maintain measures with respect to cultural industries in accordance with the rights and obligations provided for in the Agreement; (i) facilitate trade in goods and services between Canada and the other parties to the Agreement by preventing, identifying, and eliminating unnecessary technical barriers to trade, by enhancing transparency, and by promoting good regulatory practices; (j) support the growth and development of small and medium-sized enterprises by enhancing their ability to participate in and benefit from the opportunities created by the Agreement; (k) promote high levels of environmental protection through, among other means, the effective enforcement of environmental laws, enhanced environmental cooperation and mutually supportive trade and environmental policies and practices; (l) promote the protection and enforcement of labour rights and the improvement of working conditions; (m) promote transparency, good governance and the rule of law, while eliminating bribery and corruption in trade and investment; (n) recognize the importance of increased engagement by Indigenous peoples in trade and investment; and (o) facilitate women’s and men’s equal access to and ability to benefit from the opportunities created by the Agreement and support the conditions for women’s full participation in domestic, regional, and international trade and investment. Causes of Action Causes of action under sections 9 to 19 8 (1) No person has any cause of action and no proceedings of any kind are to 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 sections 9 to 19 or an order made under any of those sections. Causes of action under Agreement (2) No person has any cause of action and no proceedings of any kind are to 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. Exception (3) Subsection (2) does not apply with respect to causes of action arising out of, and proceedings taken under, Annex 14-C of the Agreement. PART 1  Implementation of Agreement Approval, Designation of Minister and Representation on Commission Approval 9 The Agreement is approved. Order designating Minister 10 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. Canadian representative on Commission 11 The Minister is the principal representative of Canada on the Commission. Secretariat Continuation of Secretariat 12 The Secretariat established under paragraph 1 of Article 2002 of the North American Free Trade Agreement is continued as the Secretariat that is to be established under Article 30.‍6 of the Agreement. Continuation of Canadian Section of Secretariat 13 The Canadian Section of the Secretariat that is referred to in section 14 of the North American Free Trade Agreement Implementation Act is continued within the Department of Foreign Affairs, Trade and Development for the purpose of performing the functions set out in paragraph 3 of Article 30.‍6 of the Agreement. Secretary 14 (1) There is to be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act. Duties (2) The Secretary is responsible for fulfilling the Section’s mandate. In doing so, the Secretary is to perform the functions set out in paragraph 3 of Article 30.‍6 of the Agreement. Staff 15 Officers and employees who are required for the proper conduct of the work of the Canadian Section of the Secretariat are to be appointed in accordance with the Public Service Employment Act. Panels and Committees Powers of Minister 16 The Minister may (a) appoint a panellist in accordance with paragraphs 2 and 3 of Annex 10-B.‍1 of the Agreement or Article 31.‍9 of the Agreement; (b) appoint a committee member in accordance with paragraph 1 of Annex 10-B.‍3 of the Agreement; and (c) propose the names of individuals for a roster referred to in Annex 10-B.‍1 or 10-B.‍3 of the Agreement or Article 31.‍8 of the Agreement. Labour Council Powers of Minister of Labour 17 The Minister of Labour may act as Canada’s senior governmental representative on the Labour Council referred to in Article 23.‍14 of the Agreement or may designate that representative. Expenses Payment of expenditures 18 The Government of Canada is to pay its appropriate share of the aggregate of (a) any expenditures incurred by or on behalf of the Commission, (b) the general expenses incurred by the committees, working groups and other subsidiary bodies established under the Agreement and the remuneration and expenses payable to representatives on the Commission and those committees and to members of those working groups and other subsidiary bodies, (c) the general expenses incurred by the committee referred to in paragraph 1 of Annex 10-B.‍3 of the Agreement and the remuneration and expenses payable to the members of that committee, and (d) the expenses incurred by panels established under the Agreement and the remuneration and expenses payable to the panellists on those panels, and to any experts retained by those panels. Orders Orders — Article 31.‍19 of Agreement 19 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 31.‍19 of the Agreement, by order, do any of the following: (a) suspend rights or privileges granted by Canada to another party to the Agreement or to goods, service suppliers, investors or investments of investors of that party under the Agreement or any federal law; (b) modify or suspend the application of any federal law, with respect to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; (c) extend the application of any federal law to a party to the Agreement other than Canada or to goods, service suppliers, investors or investments of investors of that party; or (d) take any other measure that the Governor in Council considers necessary. Period of order (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order. Non-application — paragraph (1)‍(a) (3) Paragraph (1)‍(a) does not apply in respect of rights and privileges that are referred to in Section D of Chapter 10 of the Agreement or granted under the Special Import Measures Act. Non-application — paragraph (1)‍(b) (4) Paragraph (1)‍(b) does not apply in respect of any provision of the Special Import Measures Act or of the regulations made under that Act that implements a right or privilege referred to in Section D of Chapter 10 of the Agreement. PART 2  Related Amendments R.‍S.‍, c. C-3 Canada Deposit Insurance Corporation Act 20 Section 18 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (3): Records retained outside Canada (3.‍1) Where a member institution that is authorized to do so under the by-laws retains at a place outside Canada records referred to in the policy of deposit insurance, including for the purpose of any examination by or on behalf of the Corporation, the Corporation may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), direct the institution to maintain a copy of those records in Canada: (a) if the Corporation is of the opinion that it does not have immediate, direct, complete and ongoing access to those records; or (b) if the Corporation is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the institution not to maintain a copy of those records in Canada. By-laws (3.‍2) The Board may make by-laws respecting: (a) what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph (3.‍1)‍(a); and (b) the time within and manner in which a member institution is required to comply with a direction under subsection (3.‍1). R.‍S.‍, c. C-34 Competition Act 21 (1) Section 30.‍01 of the Competition Act is amended by adding the following after paragraph (c): (c.‍1) the agreement contains one of the following undertakings by the foreign state: (i) that any record or thing provided by Canada will be used only for the purpose for which it was requested, or (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested or for the purpose of making a request under any Act of Parliament or under any treaty, convention or other international agreement to which Canada and the foreign state are parties that provides for mutual legal assistance in civil or criminal matters; 2002, c. 16, s. 3 (2) The portion of paragraph 30.‍01(d) of the Act before subparagraph (i) is replaced by the following: (d) the agreement also contains the following undertakings by the foreign state, namely, 2002, c. 16, s. 3 (3) Subparagraph 30.‍01(d)‍(ii) of the Act is repealed. 2002, c. 16, s. 3 (4) Subparagraph 30.‍01(d)‍(v) of the Act is replaced by the following: (v) subject to paragraph (c.‍1), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and R.‍S.‍, c. C-42 Copyright Act Amendments to the Act 1993, c. 44, s. 58 22 Sections 6.‍1 and 6.‍2 of the Copyright Act are replaced by the following: Anonymous and pseudonymous works 6.‍1 (1) Except as provided in section 6.‍2 and in subsection (2), where the identity of the author of a work is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made. Identity of author commonly known (2) Where, during any term referred to in subsection (1), the author’s identity becomes commonly known, the term provided in section 6 applies. Anonymous and pseudonymous works of joint authorship 6.‍2 (1) Except as provided in subsection (2), where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist until the end of 75 years following the end of the calendar year in which the work is made. However, if the work is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the work was made. Identity of author commonly known (2) Where, during any term referred to in subsection (1), the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 50 years following the end of that calendar year. 1993, c. 44, s. 60(1) 23 Subsection 9(2) of the Act is replaced by the following: Nationals of other countries (2) Authors who are nationals of any country, other than a country that is a party to the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada. 1997, c. 24, s. 9(1) 24 Section 11.‍1 of the Act is replaced by the following: Cinematographic works 11.‍1 Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist until the end of 70 years following the end of the calendar year in which the cinematographic work or the compilation is made. However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and 100 years following the end of the calendar year in which the cinematographic work or the compilation was made. 2001, c. 27, s. 236 25 Subsection 17(4) of the Act is replaced by the following: Exception (4) If so requested by a country that is a party to the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3). 1997, c. 24, s. 14; 2012, c. 20, s. 15(5) 26 Subsections 20(3) and (4) of the Act are repealed. 2012, c. 20, s. 17; 2015, c. 36, s. 81(1) 27 (1) Paragraphs 23(1)‍(a) and (b) of the Act are replaced by the following: (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 70 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs. 2015, c. 36, s. 81(2) (2) Subsection 23(1.‍1) of the Act is replaced by the following: Term of copyright — sound recording (1.‍1) Subject to this Act, copyright in a sound recording subsists until the end of 70 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs. 28 Section 42 of the Act is amended by adding the following after subsection (3.‍1): Offence — infringement related to rights management information (3.‍2) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, commits an offence who knowingly and for commercial purposes (a) removes or alters any rights management information in electronic form without the consent of the owner of the copyright in the work, the performer’s performance fixed in a sound recording or the sound recording, if the person knows that the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19; or (b) does any of the acts referred to in paragraphs 41.‍22(3)‍(a) to (e) with respect to any material form of the work, the performer’s performance fixed in a sound recording or the sound recording without the consent of the owner of the copyright and knows that (i) the rights management information in electronic form has been removed or altered without the consent of the owner of the copyright, and (ii) the removal or alteration will facilitate or conceal any infringement of the owner’s copyright or adversely affect the owner’s right to remuneration under section 19. Punishment (3.‍3) Every person who commits an offence under subsection (3.‍2) is liable (a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both. Definition of rights management information (3.‍4) In subsection (3.‍2), rights management information has the same meaning as in subsection 41.‍22(4). 2014, c. 32, s. 5 29 Subsection 44.‍01(2) of the Act is replaced by the following: Exception (2) Subsection (1) does not apply to copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use. 2014, c. 32, s. 5 30 Paragraph 44.‍04(1)‍(b) of the Act is replaced by the following: (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement; 2012, c. 20, s. 53 31 Subparagraph 68(2)‍(a)‍(i) of the Act is replaced by the following: (i) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20, Transitional Provision No revival of copyright 32 Sections 6.‍1, 6.‍2 and 11.‍1, paragraphs 23(1)‍(a) and (b) and subsection 23(1.‍1) of the Copyright Act, as enacted by sections 22, 24 and 27, respectively, do not have the effect of reviving the copyright or a right to remuneration in any work, performer’s performance fixed in a sound recording or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions of that Act. R.‍S.‍, c. C-46 Criminal Code 2014, c. 23, s. 2 33 Paragraph (g) of the definition attorney general in section 2 of the Criminal Code is replaced by the following: (g) with respect to proceedings in relation to an offence referred to in sections 121.‍1, 380, 382, 382.‍1, 391 and 400, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them; 34 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx): (lxx.‍01) section 391 (trade secret), 35 The Act is amended by adding the following after section 390: Trade secret 391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret. Trade secret — prior knowledge (2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1). Punishment (3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or (b) of an offence punishable on summary conviction. For greater certainty (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering. Definition of trade secret (5) For the purpose of this section, trade secret means any information that (a) is not generally known in the trade or business that uses or may use that information; (b) has economic value from not being generally known; and (c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 36 Section 1 of the schedule to Part XXII.‍1 of the Act is amended by adding the following after paragraph (x): (x.‍1) section 391 (trade secret), R.‍S.‍, c. E-15 Excise Tax Act 37 Schedule VII to the Excise Tax Act is amended by adding the following after section 7: 7.‍01 Goods (other than goods prescribed for the purposes of section 7) transported by courier (a) that are imported from Mexico or the United States, as determined in accordance with the Customs Tariff; and (b) that have a value, determined under paragraph 215(1)‍(a) of the Act, of not more than $40. R.‍S.‍, c. E-19 Export and Import Permits Act 1993, c. 44, s. 146 38 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Export and Import Permits Act are repealed. 1997, c. 14, s. 70(2) (2) Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following: (a) a CUSMA country, (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (ACEUM) CUSMA country means a country that is a party to CUSMA.‍ (pays ACEUM) 2014, c. 14, s. 17(2) (4) Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (5) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries. 1997, c. 14, s. 71 39 The definitions contribute importantly and surge in subsection 4.‍2(1) of the Act are replaced by the following: contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante) surge, in respect of goods imported from (a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and (b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite) 1997, c. 14, s. 72(1) 40 Paragraph 5(4)‍(b) of the Act is replaced by the following: (b) in the case of goods imported from a CUSMA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and 2001, c. 28, s. 49 41 (1) Subsection 6.‍1(1) of the Act is replaced by the following: Definition of originating goods 6.‍1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff. 2001, c. 28, s. 49 (2) The portion of subsection 6.‍1(2) of the Act before paragraph (b) is replaced by the following: When Minister may take measures (2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out 2001, c. 28, s. 49 (3) Subsection 6.‍1(3) of the Act is replaced by the following: Factors to be considered (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.‍1 of CCRFTA, as the case may be. 2017, c. 6, s. 20 42 (1) Subsection 6.‍2(1.‍1) of the Act is replaced by the following: Determination of quantities — export (1.‍1) If any goods, other than softwood lumber products to which section 6.‍3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)‍(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.‍1) or section 8.‍31. (2) Section 6.‍2 of the Act is amended by adding the following after subsection (4): Export charges on certain dairy products — CUSMA (5) The Minister may impose and collect export charges in accordance with Article 3.‍A.‍3 of CUSMA. 1997, c. 14, s. 75 43 Subsection 8(3) of the Act is replaced by the following: Goods imported from free trade partner (3) If an order has been made under subsection 5(3) or (3.‍2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.‍1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by (a) Article 10.‍2 of CUSMA; (b) subparagraph 5(b) of Article F-02 of CCFTA; or (c) subparagraph 5(b) of Article 4.‍6 of CIFTA. 44 Section 12 of the Act is amended by adding the following after paragraph (c): (c.‍01) respecting export charges referred to in subsection 6.‍2(5); 45 Schedule 2 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Schedules to Annex 302.‍2, in accordance with Appendix 6 of Annex 300-B”. 46 Schedule 2 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Schedules to Annex 2-B in accordance with Annex 6-A”. 47 Schedule 3 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Appendix 1.‍1 of Annex 300-B”. 48 Schedule 3 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Section C of Annex 6-A”. 49 Schedule 4 to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “Appendix 6 to Annex 300-B of NAFTA” and the corresponding reference in column 3 to “Schedules to Annex 302.‍2 of NAFTA, in accordance with Appendix 6 to Annex 300-B of NAFTA”. 50 Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “Annex 6-A” in column 2 and a corresponding reference to “Schedules to Annex 2-B in accordance with Section C of Annex 6-A” in column 3. R.‍S.‍, c. F-10 Fertilizers Act 1994, c. 47, s. 115 51 Subsections 5(2) and (3) of the Fertilizers Act are replaced by the following: Regulations — international agreements (2) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions: (a) Article 20.‍45 of the Canada–United States–Mexico Agreement; (b) paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; or (c) Article 18.‍47 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement. Definitions (3) The following definitions apply in subsection (2). Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (Accord Canada–États-Unis–Mexique) Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act.‍ (Accord de partenariat transpacifique global et progressiste) WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.‍ (Accord sur l’OMC) R.‍S.‍, c. F-11 Financial Administration Act 1993, c. 44, s. 156 52 The portion of subsection 85(2) of the Financial Administration Act before paragraph (a) is replaced by the following: Exemption for RCMP and security services (2) Divisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister, 1993, c. 44, s. 157 53 Division V of Part X of the Act is repealed. 54 Schedule VII to the Act is amended by adding the following in alphabetical order: Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018. R.‍S.‍, c. F-27 Food and Drugs Act 55 Section 14 of the Food and Drugs Act is replaced by the following: Samples 14 No person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations. 56 (1) Paragraph 30(1)‍(n) of the Act is replaced by the following: (n) respecting the distribution or the conditions of distribution of drugs as samples; 2014, c. 24, s. 6(6) (2) Subsection 30(3) of the Act is replaced by the following: Regulations — Canada–United States–Mexico Agreement and WTO Agreement (3) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.‍48 to 20.‍50 of the Canada–United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. 1994, c. 47, s. 117 (3) The definition North American Free Trade Agreement in subsection 30(4) of the Act is repealed. (4) Subsection 30(4) of the Act is amended by adding the following in alphabetical order: Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique) R.‍S.‍, c. G-10 Canada Grain Act 57 The heading before section 2 of the French version of the Canada Grain Act is replaced by the following: Définitions et interprétation 1994, c. 45, s. 1(3) 58 (1) The definitions contaminated and foreign grain in section 2 of the Act are repealed. (2) The definitions eastern grain and western grain in section 2 of the Act are replaced by the following: eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est) western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest) (3) Section 2 of the Act is amended by adding the following in alphabetical order: imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé) 59 The Act is amended by adding the following after section 2: Contaminated grain 2.‍1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either (a) adulterated for the purposes of the Food and Drugs Act; or (b) contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act. 60 Paragraph 14(1)‍(a) of the Act is replaced by the following: (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada; 61 The Act is amended by adding the following after section 15: Export Certificates Export certificates 15.‍1 The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain. 62 (1) The portion of paragraph 32(1)‍(a) of the Act before subparagraph (i) is replaced by the following: (a) if the grain was grown in Canada or the United States, (2) Paragraph 32(1)‍(b) of the Act is replaced by the following: (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances, (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned. 63 The Act is amended by adding the following after section 58: Seeds Act and Pest Control Products Act 58.‍1 No operator of a licensed elevator is required to receive into the elevator any grain that (a) is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or (b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product. 1994, c. 45, s. 16 64 Section 61 of the Act is replaced by the following: Procedure on receipt of grain 61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer. Dispute (2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall (a) take a sample of the grain in the prescribed manner; (b) deal with the sample in the prescribed manner; and (c) issue an interim elevator receipt in the prescribed form. Commission’s report (3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer. 1994, c. 45, s. 25; 2011, c. 25, s. 27 65 The heading before section 83.‍1 and sections 83.‍1 to 84 of the Act are replaced by the following: Declaration Respecting Grain Obligation to provide declaration 83.‍1 Every licensee and every person who sells or delivers grain to a licensee shall, in accordance with the regulations, make and provide a declaration respecting the grain to a prescribed person. Regulations 83.‍2 The Commission may, with the approval of the Governor in Council, make regulations respecting the declaration referred to in section 83.‍1, including regulations prescribing (a) its form and content; (b) when it is to be made and provided; and (c) the persons to whom it is to be provided. False or misleading statement 83.‍3 No person shall knowingly make a false or misleading statement in a declaration referred to in section 83.‍1. PART V  Carriage of Grain General Transport, except by public carrier, restricted 84 Except in accordance with terms and conditions prescribed under section 84.‍1 or with an order made under section 84.‍2, no person, other than a public carrier, shall transport or cause to be transported any grain into or out of Canada. Regulations 84.‍1 The Commission may, with the approval of the Governor in Council, make regulations prescribing terms and conditions for the purposes of section 84. Orders 84.‍2 The Commission may, by order, permit a person other than a public carrier, to transport or cause to be transported any grain into or out of Canada, in accordance with any terms and conditions set out in the order. If the order applies to more than one person, it applies for a period of time terminating not later than the end of the crop year in respect of which the order is made. 66 (1) Subsection 116(1) of the Act is amended by adding the following after paragraph (c): (c.‍1) prescribing circumstances in which an inspector, under paragraph 32(1)‍(b), is to assign a grade to imported grain and to state the dockage that is to be separated from it; (2) Paragraph 116(1)‍(h) of the Act is replaced by the following: (h) respecting the receipt, inspection, handling and storage at elevators of imported grain and prescribing the period of time that it may remain in storage at any elevator; 67 The Act is amended by adding the following after section 118: Incorporation by reference — Commission 118.‍1 (1) A regulation made by the Commission under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility (2) The Commission shall ensure that any document that is incorporated by reference in a regulation made by it under this Act, including any amendments to the document, is accessible. Defence (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation made by the Commission under this Act is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in a regulation made by the Commission under this Act is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. R.‍S.‍, c. I-3 Importation of Intoxicating Liquors Act 1993, c. 44, s. 159 68 (1) The definition NAFTA country in section 2 of the Importation of Intoxicating Liquors Act is repealed. (2) Section 2 of the Act is amended by adding the following in alphabetical order: CUSMA country means a country that is a party to the Agreement as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (pays ACEUM) 2002, c. 22, par. 411(7)‍(b) 69 The portion of paragraph 3(2)‍(c) of the Act before subparagraph (ii) is replaced by the following: (c) the importation of bulk spirits into a province from a CUSMA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff or the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and R.‍S.‍, c. S-15 Special Import Measures Act Amendments to the Act 1993, c. 44, s. 201(2) 70 (1) The definitions government of a NAFTA country, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Special Import Measures Act are repealed. 2010, c. 12, s. 1782 (2) The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following: Canadian Secretary means (a) when Part I.‍1 is in force, the Secretary referred to in section 14 of the Canada–United States–Mexico Agreement Implementation Act, and (b) when Part II is in force, the Secretary appointed under subsection 77.‍24(1); (secrétaire canadien) (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: Canada–United States–Mexico Agreement  has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique) CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM) government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM) 1993, c. 44, s. 204 71 The portion of subsection 9.‍01(1) of the Act before paragraph (a) is replaced by the following: Duty ceases where order or finding rescinded pursuant to review 9.‍01 (1) Where a review is requested under Part I.‍1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case 2017, c. 20, s. 72 72 The portion of subsection 9.‍21(1) of the Act before paragraph (a) is replaced by the following: Duty ceases if investigation terminated after review 9.‍21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.‍1 of the final determination of the President under paragraph 41(1)‍(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)‍(a), in which case 1993, c. 44, s. 209 73 Subsection 43(1.‍01) of the Act is replaced by the following: Separate order or finding (1.‍01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country: (a) goods of more than one CUSMA country; or (b) goods of one or more CUSMA countries and goods of one or more other countries. 1993, c. 44, s. 212; 2005. c. 38, par. 136(b)‍(F) 74 Paragraphs 56(1.‍01)‍(a) and (b) of the Act are replaced by the following:   (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods. 1993, c. 44, s. 214; 2005, c. 38, par. 134(z.‍12) 75 Paragraphs 58(1.‍1)‍(a) and (b) of the Act are replaced by the following:   (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods. 1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)‍(F); 2005, c. 38, par. 134(z.‍13) 76 Subsections 59(3.‍1) and (3.‍2) of the Act are replaced by the following: Notice of re-determination (3.‍1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.‍1, to the Canadian Secretary. Presumption (3.‍2) A notice sent to the government of a CUSMA country pursuant to subsection (3.‍1) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed. 2017, c. 20, s. 89 77 (1) Paragraph 70(1)‍(b) of the Act is replaced by the following: (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods. 2017, c. 20, s. 89 (2) Paragraph 70(2)‍(b) of the Act is replaced by the following: (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods. 2017, c. 20, s. 89 (3) Paragraph 70(3)‍(b) of the Act is replaced by the following: (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods. 1999, c. 12, s. 36 78 Subsection 76.‍04(1) of the Act is replaced by the following: Separate order or finding 76.‍04 (1) If a review under section 76.‍01, 76.‍02 or 76.‍03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country. 1993, c. 44, s. 218 79 The heading of Part I.‍1 of the Act is replaced by the following: Dispute Settlement Respecting Goods of a CUSMA Country 1993, c. 44, s. 218 80 (1) The definition NAFTA country Secretary in subsection 77.‍01(1) of the English version of the Act is repealed. 1993, c. 44, s. 218 (2) The definition rules in subsection 77.‍01(1) of the Act is replaced by the following: rules means the rules of procedure, as amended from time to time, made under Section D of Chaper 10 of the Canada–United States–Mexico Agreement; (règles) 1993, c. 44, s. 218 (3) The definition secrétaire national in subsection 77.‍01(1) of the French version of the Act is replaced by the following: secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.‍6 de l’Accord Canada–États-Unis–Mexique.‍ (CUSMA country Secretary) 1993, c. 44, s. 218; 2002, c. 8, s. 172 (4) The portion of the definition definitive decision in subsection 77.‍01(1) of the Act before paragraph (a) is replaced by the following: definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods: 2002, c. 8, s. 172 (5) The portion of the definition definitive decision in subsection 77.‍01(1) of the English version of the Act after paragraph (j) is repealed. (6) Subsection 77.‍01(1) of the English version of the Act is amended by adding the following in alphabetical order: CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.‍6 of the Canada–United States–Mexico Agreement; (secrétaire national) 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)‍(z.‍10); 2005, c. 38, par. 135(b)‍(E) 81 (1) Subsections 77.‍011(1) to (4) of the Act are replaced by the following: Request for review of definitive decision 77.‍011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel. Idem (2) Any person who, but for section 77.‍012, would be entitled to apply under the Federal Courts Act or section 96.‍1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel. Deeming (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement. Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country. 1993, c. 44, s. 218 (2) Subsection 77.‍011(6) of the Act is replaced by the following: Notification of request for review (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary. 1999, c. 12, s. 39; 2005, c. 38, par. 135(c)‍(E) 82 (1) Subparagraph 77.‍012(1)‍(a)‍(ii) of the English version of the Act is replaced by the following: (ii) in the case of a re-determination of the President under subsection 59(1), (1.‍1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and 1999, c. 12, s. 39 (2) Paragraph 77.‍012(1)‍(b) of the English version of the Act is replaced by the following: (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal. 1999, c. 12, s. 39; 2002, c. 8, par. 182(1)‍(z.‍10) (3) Subsection 77.‍012(1) of the French version of the Act is replaced by the following: Demandes et appels 77.‍012 (1) Nul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.‍1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.‍1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours. 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)‍(z.‍10) (4) Subsection 77.‍012(2) of the English version of the Act is replaced by the following: Limitation period extended (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.‍1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.‍1(2) of the Federal Courts Act and subsection 96.‍1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences. 1993, c. 44, s. 218 83 (1) Subsection 77.‍013(1) of the Act is replaced by the following: Appointment of panel 77.‍013 (1) On a request under section 77.‍011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.‍1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 2017, c. 20, s. 94 (2) Subsection 77.‍013(3) of the Act is replaced by the following: Single panel (3) If a request is made for the review of a final determination of the President under paragraph 41(1)‍(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding. 1993, c. 44, s. 218 84 (1) Subsection 77.‍015(1) of the Act is replaced by the following: Conduct of review 77.‍015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules. 1993, c. 44, s. 218 (2) Subsection 77.‍015(5) of the Act is replaced by the following: Decision (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette. 1993, c. 44, s. 218 85 Sections 77.‍017 and 77.‍018 of the Act are replaced by the following: Request for extraordinary challenge proceeding 77.‍017 (1) Within the period after a panel makes an order under subsection 77.‍015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order. Ground for request (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.‍12 of the Canada–United States–Mexico Agreement. Notification of request for extraordinary challenge proceeding (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary. Appointment of extraordinary challenge committee 77.‍018 On a request under section 77.‍017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.‍3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218 86 (1) Subsection 77.‍019(1) of the Act is replaced by the following: Conduct of extraordinary challenge proceeding 77.‍019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.‍3 of the Canada–United States–Mexico Agreement and the rules. 1993, c. 44, s. 218 (2) Subsection 77.‍019(6) of the Act is replaced by the following: Decision (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette. 1993, c. 44, s. 218 87 Subsection 77.‍021(1) of the Act is replaced by the following: Code of conduct 77.‍021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.‍17 of the Canada–United States–Mexico Agreement. 1993, c. 44, s. 218 88 Section 77.‍022 of the Act is replaced by the following: Remuneration and expenses of panel members 77.‍022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.‍1 of the Canada–United States–Mexico Agreement. 1993, c. 44, s. 218 89 Section 77.‍023 of the Act is replaced by the following: Request for review 77.‍023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement. Appointment of special committee (2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.‍3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218 90 Subsection 77.‍024(1) of the Act is replaced by the following: Stay of panel reviews and committee proceedings 77.‍024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement: (a) panel reviews under section 77.‍011; and (b) committee proceedings under section 77.‍017. 1993, c. 44, s. 218 91 Section 77.‍025 of the Act is replaced by the following: Stay on request 77.‍025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings: (a) panel reviews under section 77.‍011; and (b) committee proceedings under section 77.‍017. 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)‍(z.‍10) 92 Sections 77.‍027 and 77.‍028 of the Act are replaced by the following: Suspension of time periods 77.‍027 Where a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.‍13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.‍033: (a) the time periods provided for in subsection 77.‍011(4) for requesting a panel review and in subsection 77.‍017(1) for requesting committee proceedings in respect of goods of that CUSMA country; and (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.‍1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.‍01(1) in respect of goods of that CUSMA country. Suspension of panel process 77.‍028 (1) The Minister may suspend the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country (a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.‍13 of the Canada–United States–Mexico Agreement; and (b) at any time where the government of the CUSMA country has suspended the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada. Notice of suspension (2) Where the Minister suspends the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette. 1993, c. 44, s. 218 93 (1) Subsection 77.‍029(1) of the Act is replaced by the following: Suspension of benefits 77.‍029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.‍13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances. 1993, c. 44, s. 218 (2) The portion of subsection 77.‍029(2) of the English version of the Act before paragraph (a) is replaced by the following: Powers (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things: 1993, c. 44, s. 218 (3) Paragraph 77.‍029(2)‍(a) of the Act is replaced by the following: (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament; 1993, c. 44, s. 218 (4) Subsection 77.‍029(6) of the Act is replaced by the following: Action consistent with determination (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.‍13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination. 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)‍(z.‍10) 94 Sections 77.‍03 to 77.‍033 of the Act are replaced by the following: Only one section applies 77.‍03 Where the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement is suspended under section 77.‍028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.‍13 of that Agreement may not be suspended under section 77.‍029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.‍13 of that Agreement are suspended under section 77.‍029 in respect of a CUSMA country, the operation of Article 10.‍12 of that Agreement may not be suspended under section 77.‍028 in respect of that CUSMA country. Referral to Federal Court of Appeal 77.‍031 (1) Where the Minister suspends the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement under paragraph 77.‍028(1)‍(a) and (a) where any panel review is stayed under subsection 77.‍024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under subsection 77.‍024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act. Idem (2) Where the government of a CUSMA country suspends the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.‍13 of that Agreement and (a) where any panel review is stayed under section 77.‍025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under section 77.‍025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act. Idem (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.‍12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.‍032. Termination of suspension 77.‍032 The Minister shall terminate any suspension effected under subsection 77.‍028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.‍13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected. Resumption 77.‍033 All panel reviews and committee proceedings stayed under subsection 77.‍024(1) or section 77.‍025 and any running of the time periods suspended under section 77.‍027 shall resume (a) where the operation of Article 10.‍12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.‍028(1)‍(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or (b) where benefits are suspended under section 77.‍029. 1993, c. 44, s. 218 95 Paragraph 77.‍034(1)‍(c) of the Act is replaced by the following:   (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement. 1993, c. 44, s. 218 96 (1) Paragraph 77.‍035(a) of the Act is replaced by the following: (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record; 1993, c. 44, s. 218 (2) Paragraph 77.‍035(c) of the Act is replaced by the following: (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.‍1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.‍3 of that Agreement; and 1993, c. 44, s. 218 97 Section 77.‍036 of the Act is replaced by the following: Publication in Canada Gazette 77.‍036 The rules, the code of conduct established pursuant to Article 10.‍17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette. 1993, c. 44, s. 218 98 Section 77.‍037 of the Act is replaced by the following: Application 77.‍037 If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country: (a) a provision of an Act to amend this Act; (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review. 1993, c. 44, s. 219; 2005, c. 38, par. 134(z.‍28) 99 Section 83.‍1 of the Act is replaced by the following: Information to be disclosed 83.‍1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies. 1993, c. 44, s. 221; 2002, c. 8. par. 182(1)‍(z.‍10); 2005, c. 38, par. 134(z.‍37) 100 Subsection 96.‍11(1) of the Act is replaced by the following: No references 96.‍11 (1) Subsection 18.‍3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country. 1993, c. 44, s. 222; 1999, c. 12, art. 48(F) 101 Subsections 96.‍21(1) to (5) of the Act are replaced by the following: Request for review of final determination 96.‍21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law. Idem (2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law. Deeming (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.‍12 of the Canada–United States–Mexico Agreement. Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister. Definition of final determination (5) In this section, final determination means a final determination as defined in Article 10.‍8 of the Canada–United States–Mexico Agreement. 1993, c. 44, s. 223(1) 102 (1) Paragraph 97(1)‍(g.‍11) of the Act is replaced by the following: (g.‍11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.‍011(2); 1993, c. 44, s. 223(2) (2) Paragraphs 97(1)‍(g.‍21) and (g.‍22) of the Act are replaced by the following: (g.‍21) defining the expression goods of a CUSMA country for the purpose of this Act; (g.‍22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act; Transitional Provisions Definition of commencement day 103 In sections 104 and 105, commencement day means the day on which the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, enters into force. Pending proceedings 104 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day. New proceedings 105 If proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day. R.‍S.‍, c. T-13 Trade-marks Act 106 Section 20 of the Trade-marks Act is amended by adding the following after subsection (1): Deemed infringement under paragraph (1)‍(b) (1.‍01) An infringement under paragraph (1)‍(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trade-mark imports goods on a commercial scale that bear a trade-mark that is identical to, or cannot be distinguished in its essential aspects from, the trade-mark registered for such goods. 2014, c. 32, s. 43 107 (1) Subsection 51.‍03(2) of the Act is amended by striking out “or” at the end of paragraph (c) and by repealing paragraph (d). 2017, c. 6, s. 71 (2) Subsection 51.‍03(2.‍3) of the Act is amended by striking out “or” at the end of paragraph (b) and by repealing paragraph (c). (3) Section 51.‍03 of the Act is amended by adding the following after subsection (2.‍3): Customs transit or transhipment control (2.‍4) For the purposes of subsections (1), (2.‍1) and (2.‍2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada are considered to have been imported for the purpose of release. 2014, c. 32, s. 43 108 Paragraph 51.‍06(1)‍(b) of the Act is replaced by the following: (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement; R.‍S.‍, c. 28 (1st Supp.‍) Investment Canada Act 1994, c. 47, s. 134 109 Subsections 24(2) to (5) of the Investment Canada Act are replaced by the following: Authority to purchase cultural business (2) Notwithstanding section 90 of the Financial Administration Act, where a CUSMA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.‍1(6), that has been acquired in the manner described in subparagraph 28(1)‍(d)‍(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired. Designation of agent (3) For the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the Agreement under Article 32.‍6 of the Agreement, as the Governor in Council considers appropriate. Definitions (4) The following definitions apply in this section. Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (Accord) controlled by a CUSMA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2), (a) the ultimate direct or indirect control in fact of the Canadian business by a CUSMA investor through the ownership of voting interests; or (b) the ownership by a CUSMA investor of all or substantially all of the assets used in carrying on the Canadian business.‍ (sous le contrôle d’un investisseur ACEUM) CUSMA country means a country that is a party to the Agreement.‍ (pays ACEUM) CUSMA investor means (a) an individual, other than a Canadian, who is a national as defined in Article 1.‍4 of the Agreement; (b) a government of a CUSMA country, whether federal, state or local, or an agency thereof; (c) an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a CUSMA investor-controlled entity, as determined in accordance with subsection (5); (d) a corporation or limited partnership (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1), (ii) that is not a CUSMA investor within the meaning of paragraph (c), (iii) of which less than a majority of its voting interests are owned by CUSMA investors, (iv) that is not controlled in fact through the ownership of its voting interests, and (v) of which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and CUSMA investors; (e) a trust (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), (ii) that is not a CUSMA investor within the meaning of paragraph (c), (iii) that is not controlled in fact through the ownership of its voting interests, and (iv) of which two thirds of its trustees are any combination of Canadians and CUSMA investors; or (f) any other form of business organization specified by the regulations that is controlled by a CUSMA investor.‍ (investisseur ACEUM) Interpretation (5) For the purposes only of determining whether an entity is a CUSMA investor-controlled entity under paragraph (c) of the definition CUSMA investor in subsection (4), (a) subsections 26(1) and (2) and section 27 apply and, for that purpose, (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “CUSMA investor” or “CUSMA investors”, respectively, (ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a CUSMA investor,” or “non-Canadians, other than CUSMA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)‍(ii), which shall be read and construed as a reference to “not CUSMA investors”, (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “CUSMA investor-controlled”, and (iv) the reference in subparagraph 27(d)‍(i) to “Canada” shall be read and construed as a reference to “a CUSMA country”; and (b) where two persons, one being a Canadian and the other being a CUSMA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be CUSMA investor-controlled. 110 The schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA Agreement within the meaning of subsection 24(4) of this Act” and the corresponding reference in column 2 to “Article 201”. 111 The schedule to the Act is amended by adding, at the end of column 1, a reference to “Agreement within the meaning of subsection 24(4) of this Act” and a corresponding reference in column 2 to “Article 1.‍4”. R.‍S.‍, c. 1 (2nd Supp.‍) Customs Act 1993, c. 44, s. 81 112 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Customs Act are repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM) CUSMA country means a country that is a party to CUSMA; (pays ACEUM) 1993, c. 44, s. 83; 2001, c. 25, s. 30(3) 113 Subsection 35.‍02(4) of the Act is repealed. 1988, c. 65, s. 69; 2018, c. 23, s. 21 114 (1) Subsections 35.‍1(3) and (3.‍1) of the Act are replaced by the following: Who furnishes (3) Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished in accordance with subsection (1) by the importer or owner of the goods. Certificate of origin completed by importer (3.‍1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer. 1988, c. 65, s. 69 (2) The portion of subsection 35.‍1(4) of the Act before paragraph (a) is replaced by the following: Regulations (4) The Governor in Council, on the recommendation of the Minister, may make regulations 1997, c. 14, s. 38 115 The heading “Conduct of Verification” before section 42.‍1 of the Act is replaced by the following: Origin of Goods, Duty Relief and Drawback 1997, c. 14, s. 38; 1997, c. 36, s. 161 116 (1) Subsection 42.‍1(1) of the Act is amended by adding “or” after paragraph (a) and by repealing paragraph (b). (2) Subsection 42.‍1(1) of the Act is amended by striking out “or” after paragraph (a), by adding “or” after paragraph (b) and by adding the following after paragraph (b). (c) enter any prescribed premises or place at any reasonable time to verify the amount, if any, of (i) a relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a CUSMA country, or (ii) a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a CUSMA country. 2014, c. 14, s. 24 117 Subsections 42.‍3(1) to (4) of the Act are replaced by the following: Definition of customs administration 42.‍3 (1) In this section, customs administration has the meaning assigned to that expression by Article E-14 of CCFTA, Article V.‍14 of CCRFTA or Article 5.‍1 of CHFTA, as the case may be. Effective date of redetermination or further redetermination of origin of goods (2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that (a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and (b) that tariff classification or value differs from the tariff classification or value applied to those materials by the country — Chile, Costa Rica or Honduras — from which the goods were exported. Limitation (3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the country — Chile, Costa Rica or Honduras — from which the goods were exported, has, before that date, (a) given an advance ruling under Article E-09 of CCFTA, Article V.‍9 of CCRFTA, paragraph 1 of Article 5.‍10 or paragraph 11 of Article 6.‍2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.‍6 of CCRFTA, or paragraph 15 of Article 5.‍7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or (b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into Chile, Costa Rica or Honduras. Postponement of effective date (4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding 90 days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the country — Chile, Costa Rica or of Honduras — from which the goods were exported. 118 The Act is amended by adding the following after section 42.‍4: Duty Evasion Definition of duty evasion 42.‍5 In sections 42.‍6 and 42.‍7, duty evasion means the evasion of anti-dumping, countervailing or safeguard duties that are imposed by a CUSMA country other than Canada. Duty evasion verification 42.‍6 (1) If requested by a CUSMA country under paragraph 5 of Article 10.‍7 of CUSMA, any officer, or any officer within a class of officers, designated by the President for the purposes of this section may — for the purpose of enabling the requesting CUSMA country to determine whether goods exported from Canada to that country are subject to anti-dumping, countervailing, or safeguard duties imposed by that country — conduct a duty evasion verification that includes, among other things, obtaining information from an exporter or producer of goods in Canada. Paragraph 7(a) of Article 10.‍7 of CUSMA (2) The duty evasion verification may be conducted only if Canada and the requesting CUSMA country have mutually agreed to conditions and procedures and the verification is conducted in accordance with those conditions and procedures. Power to enter (3) In conducting the duty evasion verification, the officer may enter the premises of an exporter or producer of goods. Report 42.‍7 After a duty evasion verification has been completed, an officer shall provide the requesting CUSMA country with a report that contains any relevant information obtained from an exporter or producer of goods in Canada during the verification. 1993, c. 44, s. 88; 1997, c. 36, s. 165; 2001, c. 25, s. 39(2)‍(F); 2005, c. 38, s. 72 119 Section 57.‍01 of the Act and the heading before it are repealed. 2001, c. 25, s. 41(1) 120 (1) The portion of paragraph 59(1)‍(a) of the Act before subparagraph (i) is replaced by the following: (a) in the case of a determination under section 58, re-determine the origin, tariff classification or value for duty of any imported goods at any time within 2001, c. 25, s. 41(2) (2) Subsection 59(2) of the Act is replaced by the following: Notice requirement (2) An officer who makes a determination under subsection 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons. 2001, c. 25, s. 41(3) (3) The portion of subsection 59(3) of the French version of the Act before paragraph (a) is replaced by the following: Paiement ou remboursement (3) Les personnes visées par règlement qui ont été avisées de la détermination, de la révision ou du réexamen en application du paragraphe (2) doivent, en conformité avec la détermination, la révision ou le réexamen, selon le cas : 2001, c. 25, s. 42(1) 121 (1) Subsection 60(1) of the Act is replaced by the following: Request for re-determination or further re-determination 60 (1) A person to whom notice is given under subsection 59(2) in respect of goods may, within 90 days after the notice is given, request a re-determination or further re-determination of origin, tariff classification or value for duty. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing. 2001, c. 25, s. 42(3) (2) Subsection 60(4) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (a) and by repealing paragraph (c). 1997, c. 36, s. 166; 2001, c. 25, s. 44 122 Subsection 61(1) of the Act is amended by adding “and” after paragraph (a) and by repealing paragraph (b). 2001, c. 25, s. 46 123 Subsection 65.‍1(3) of the Act is repealed. 1997, c. 14, s. 43(1); 1999, c. 31, s. 71(F) 124 Paragraph 74(1)‍(c.‍1) of the Act is replaced by the following: (c.‍1) the goods were exported from Chile but no claim for preferential tariff treatment under CCFTA was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5); 1997, c. 14, s. 44 125 (1) Subsection 97.‍1(1) of the French version of the Act is replaced by the following: Certification de l’origine : marchandises exportées vers un partenaire de libre-échange 97.‍1 (1) Quiconque exporte vers un partenaire de libre-échange des marchandises pour lesquelles sera demandé le traitement tarifaire préférentiel découlant d’un accord de libre-échange conformément aux lois du partenaire de libre-échange est tenu de certifier par écrit, selon les modalités réglementaires, en la forme et avec les renseignements déterminés par le ministre, que les marchandises en cause sont conformes aux règles d’origine prévues par l’accord de libre-échange applicable; dans le cas où l’exportateur des marchandises n’en est pas le producteur, il remplit et signe le certificat conformément aux critères réglementaires. 2018, c. 23, s. 25 (2) The portion of subsection 97.‍1(1.‍1) of the Act before paragraph (a) is replaced by the following: Certificate of Origin — CPTPP or CUSMA (1.‍1) If an exporter or producer of goods that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and 1997, c. 14, s. 44; 2018, c. 23, s. 25(2)‍(E) (3) Subsection 97.‍1(2) of the French version of the Act is replaced by the following: Exemplaire du certificat (2) Tout exportateur ou producteur de marchandises qui, afin de permettre à une personne de se conformer aux lois douanières applicables d’un partenaire de libre-échange, remplit et signe le certificat est tenu d’en fournir un exemplaire à l’agent qui en fait la demande. 2001, c. 25, s. 56(F); 2018, c. 23, s. 25(2)‍(E) (4) Subsection 97.‍1(3) of the English version of the Act is replaced by the following: Notification of correct information (3) A person who has completed and signed a certificate in accordance with subsection (1) or (1.‍1) and who has reason to believe that it contains incorrect information shall immediately notify each person and each CPTPP country or CUSMA country to whom the certificate was given of the correct information. 2012, c. 18, s. 31 126 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following: (Subsection 2(1), section 42.‍4, paragraphs 43.‍1(1)‍(b) and 74(1)‍(c.‍11) and subsections 164(1.‍1) and (1.‍2)) 127 Part 1 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “NAFTA” and the corresponding reference in column 3 to “United States Tariff, Mexico Tariff or Mexico-United States Tariff rates of customs duty under the Customs Tariff”. 128 Part 1 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “CUSMA” in column 2 and a corresponding reference to “United States Tariff or Mexico Tariff rates of customs duty under the Customs Tariff” in column 3. 129 Part 2 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Article 514”. 130 Part 2 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “paragraph 17 of Article 5.‍9” in column 2. 131 Part 3 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA country” and the corresponding reference in column 2 to “paragraph 1 of Article 509 of NAFTA”. 132 Part 3 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “paragraph 4 of Article 7.‍5 of CUSMA” in column 2. 133 Part 4 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1 and a corresponding reference to “CUSMA” in column 2. 134 Part 5 of the schedule to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Chapters Three and Five”. 135 Part 5 of the schedule to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference to “Chapters 4 to 7” in column 2. R.‍S.‍, c. 17 (2nd Supp.‍) Commercial Arbitration Act 1997, c. 14, s. 32 136 (1) Paragraph 5(4)‍(a) of the Commercial Arbitration Act is repealed. (2) Subsection 5(4) of the Act is amended by adding the following after paragraph (a): (a.‍1) a claim under paragraph 1 of Annex 14-C of the Agreement, as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act, or Article 14.‍D.‍3 of that Agreement; R.‍S.‍, c. 47 (4th Supp.‍) Canadian International Trade Tribunal Act Amendments to the Act 2018, c. 23, s. 32(1) 137 (1) The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following: textile and apparel goods means the textile and apparel goods set out in Appendix 1.‍1 of Annex C-00-B of the CCFTA, in Appendix III.‍1.‍1.‍1 of Annex III.‍1 of the CCRFTA, in section 1 of Annex 3.‍1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements) 1993, c. 44, s. 32(3) (2) Subsection 2(2) of the Act is replaced by the following: Same meaning (2) In this Act, (a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and (b) CUSMA country means a country that is a party to the Agreement. 2018, c. 23, s. 32(3) (3) Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (4) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries. 1993, c. 44, s. 33 138 Section 2.‍1 of the Act is replaced by the following: Suspension of certain provisions 2.‍1 (1) The operation of the provisions referred to in column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force: Column I Column II Provisions in force Provisions suspended section 20.‍01 section 20.‍1 section 20.‍2 section 21 section 21.‍1 section 22 Canada-United States Free Trade Agreement (2) The operation of section 19.‍1, subsection 23(1.‍1), subparagraph 26(1)‍(a)‍(ii) and paragraph 27(1)‍(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended. 1994, c. 47, s. 31; 1997, c. 36, s. 193 139 Section 19.‍01 of the Act is repealed. 1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)‍(F) and (c)‍(F) 140 Sections 20 and 20.‍01 of the Act are replaced by the following: Definition of principal cause 20 (1) In this section and in section 20.‍01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat. Inquiry into injury matters (2) The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation to (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or (b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada. Definition of contribute importantly 20.‍01 (1) In this section, contribute importantly means to be an important cause, but not necessarily the most important cause. Determination in respect of CUSMA country goods (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA country 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 thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to the serious injury or threat thereof. Idem (2.‍1) In an inquiry under section 30.‍07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country (a) whether the quantity of the goods imported from the CUSMA country accounts for a substantial share of total imports of goods of the same kind; and (b) whether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods. Considerations (3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 10.‍2 of the Agreement. 1993, c. 44, s. 38 141 (1) Subsection 20.‍2(1) of the Act is replaced by the following: Terms of reference 20.‍2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be. 1993, c. 44, s. 38 (2) Subsections 20.‍2(3) and (4) of the Act are replaced by the following: Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 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. Notice of report (4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette. 1997, c. 36, s. 196(1) 142 Subsections 23(1.‍01) to (1.‍03) of the Act are repealed. 2014, c. 14, s. 36 143 Paragraph 25(2)‍(c) of the Act is replaced by the following:   (c) in the case of a complaint filed under subsection 23(1.‍06), (1.‍08), (1.‍083), (1.‍09), (1.‍091), (1.‍092) or (1.‍096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination. 1997, c. 36, s. 197(1) 144 (1) Subparagraphs 26(1)‍(a)‍(i.‍1) to (i.‍3) of the Act are repealed. 2001, c. 28, s. 24(2) (2) Subsection 26(2.‍1) of the Act is replaced by the following: Copies to Minister (2.‍1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.‍06) or (1.‍08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2). 1997, c. 36, s. 198(1) 145 (1) Paragraphs 27(1)‍(a.‍1) to (a.‍3) of the Act are repealed. 1993, c. 44, s. 43(2) (2) Subsection 27(2.‍1) of the Act is repealed. 1993, c. 44, s. 44 146 (1) Subsection 30.‍01(1) of the Act is replaced by the following: Definition of surge 30.‍01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period. 1994, c. 47, s. 37 (2) Paragraph 30.‍01(2)‍(b) of the Act is replaced by the following: (b) the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.‍01(2) or (2.‍1) of this Act. 1994, c. 47, s. 37 (3) Subsection 30.‍01(2.‍1) of the Act is replaced by the following: Allegations (2.‍1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List. 1993, c. 44, s. 47; 2014, c. 20, s. 454 147 Section 44.‍1 of the Act is replaced by the following: Information to be disclosed 44.‍1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies. Definition of government (2) For the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act. Transitional Provisions Definition of commencement day 148 In sections 149 and 150, commencement day means the day on which the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, enters into force. Pending proceedings 149 (1) Subject to subsection (2), proceedings that are pending under the Canadian International Trade Tribunal Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on that day. Exception (2) Subsection (1) does not apply in respect of inquiries under section 19.‍01 or any of subparagraphs 26(1)‍(a)‍(i.‍1), (i.‍2) or (i.‍3) of that Act. New proceedings 150 If proceedings under the Canadian International Trade Tribunal Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on the commencement day. 1991, c. 11 Broadcasting Act 151 Section 27 of the Broadcasting Act is replaced by the following: Directions – Free Trade Agreement 27 (1) The Governor in Council may, on the recommendation of the Minister, issue directions (a) requiring the Commission to implement paragraphs 1 and 4 of Annex 15-D of the Agreement and specifying the manner in which, and the date on or before which, those paragraphs are to be implemented; (b) respecting the manner in which the Commission shall apply or interpret paragraph 3 of that Annex; and (c) requiring the Commission to cancel any measure taken by the Commission in the implementation of paragraph 4 of that Annex on the date the Agreement ceases to have effect, or such later date as the Governor in Council may specify. Consultation (2) The Minister shall consult with the Commission with regard to any direction proposed to be issued by the Governor in Council under subsection (1). Directions binding (3) A direction issued under subsection (1) is binding on the Commission from the time it comes into force. Definition of Agreement (4) In this section, Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act. 1991, c. 45 Trust and Loan Companies Act 152 Section 2 of the Trust and Loan Companies Act is amended by adding the following in alphabetical order: regulated foreign entity means an entity that is (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, and (b) subject to financial services regulation in that country or territory; (entité étrangère réglementée) 153 Section 244 of the Act is amended by adding the following after subsection (3): Exception (3.‍1) Subject to subsection 250(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. 2007, c. 6, s. 353 154 Subsection 250(2) of the Act is replaced by the following: Direction — immediate, direct, complete and ongoing access (1.‍1) Where a company referred to in subsection 244(3.‍1) or 256(3) maintains records referred to in section 243 or the central securities register at a place outside Canada, the Superintendant may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendant is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendant is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register at any place in Canada. Company to comply (2) A company shall without delay comply with any order issued under subsection (1) or (1.‍1). 155 Section 252 of the Act is replaced by the following: Regulations 252 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.‍1)‍(a). 156 Section 256 of the Act is amended by adding the following after subsection (2): Exception (3) Subject to subsection 250(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. 1991, c. 46 Bank Act 157 Section 2 of the Bank Act is amended by adding the following in alphabetical order: regulated foreign entity means an entity that is (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV is applicable, and (b) subject to financial services regulation in that country or territory; (entité étrangère réglementée) 158 The Act is amended by adding the following after section 14.‍1: Schedule IV 14.‍11 For the purpose of implementing Canada’s international trade obligations, the Governor in Council may, by order, amend Schedule IV by adding or deleting the name of a trade agreement. 159 Section 239 of the Act is amended by adding the following after subsection (3): Exception (3.‍1) Subject to subsection 245(1.‍1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity. 2007, c. 6, s. 17 160 Subsection 245(2) of the Act is replaced by the following: Direction — immediate, direct, complete and ongoing access (1.‍1) Where a bank referred to in subsection 239(3.‍1) or 251(3) maintains records referred to in section 238 or the central securities register at a place outside Canada, the Superintendant may, in the case referred to in paragraph (a), and must, in the case referred to in paragraph (b), by order, direct the bank to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendant is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendant is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank not to maintain a copy of those records or register at any place in Canada. Bank to comply (2) A bank shall without delay comply with any order issued under subsection (1) or (1.‍1). 161 Section 247 of the Act is replaced by the following: Regulations 247 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 245(1.‍1)‍(a). 162 Section 251 of the Act is amended by adding the following after subsection (2): Exception (3) Subject to subsection 245(1.‍1), subsection (1) does not apply to a bank that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity. 163 Section 597 of the Act is amended by adding the following after subsection (2): Exception (2.‍1) Subject to subsection 245(1.‍1), subsection (2) does not apply to an authorized foreign bank that is: (a) incorporated in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable; or (b) a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity. 2007, c. 6, s. 95 164 Section 598 of the Act is replaced by the following: Application of sections 244 to 247 598 Sections 244 to 247 apply, with any modifications that the circumstances require, to an authorized foreign bank, and in the application of those sections, (a) the reference in subsections 245(1) and (1.‍1) to “records referred to in section 238” shall be read as a reference to “records referred to in subsection 597(1)”; (b) the reference in subsection 245(1.‍1) to “subsection 239(3.‍1)” shall be read as a reference to “subsection 597(2.‍1)”; (c) the reference in subsection 245(1.‍1) to “directors” shall be read as a reference to “principal officer”; and (d) the reference in paragraph 246(1)‍(a) to “records of the bank referred to in subsection 238(1)” shall be read as a reference to “records of the authorized foreign bank” referred to in subsection 597(1)”. 165 Section 816 of the Act is amended by adding the following after subsection (1): Exception (1.‍1) Subject to subsection 822(1.‍1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity. 2007, c. 6, s. 117 166 Subsection 822(2) of the Act is replaced by the following: Direction — immediate, direct, complete and ongoing access (1.‍1) Where a bank holding company referred to in subsection 816(1.‍1) or 828(3) maintains records referred to in section 815 or the central securities register at a place outside Canada, the Superintendant may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the bank holding company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendant is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendant is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the bank holding company not to maintain a copy of those records or register at any place in Canada. Bank holding company to comply (2) A bank holding company shall without delay comply with any order issued under subsection (1) or (1.‍1). 2001, c. 9, s. 183 167 Section 824 of the Act is replaced by the following: Regulations 824 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 822(1.‍1)‍(a). 168 Section 828 of the Act is amended by adding the following after subsection (2): Exception (3) Subject to subsection 822(1.‍1), subsection (1) does not apply to a bank holding company that is a subsidiary of a foreign bank incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV is applicable or of a regulated foreign entity. 169 The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 1 to this Act. 1991, c. 47 Insurance Companies Act 170 Section 2 of the Insurance Companies Act is amended by adding the following in alphabetical order: regulated foreign entity means an entity that is (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, and (b) subject to financial services regulation in that country or territory. (entité étrangère réglementée) 171 Section 262 of the Act is amended by adding the following after subsection (3): Exception (3.‍1) Subject to subsection 268(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. 2007, c. 6, s. 212 172 Subsection 268(2) of the Act is replaced by the following: Direction — immediate, direct, complete and ongoing access (1.‍1) Where a company referred to in subsection 262(3.‍1) or 274(3) maintains records referred to in section 261 or the central securities register at a place outside Canada, the Superintendant may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendant is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendant is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register in Canada. Company to comply (2) A company shall without delay comply with any order issued under subsection (1) or (1.‍1). 173 Section 270 of the Act is replaced by the following: Regulations 270 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 268(1.‍1)‍(a). 174 Section 274 of the Act is amended by adding the following after subsection (2): Exception (3) Subject to subsection 268(1.‍1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. 175 Section 549.‍1 of the Act is renumbered as subsection 549.‍1(1) and is amended by adding the following: For greater certainty (2) For greater certainty, subsection 262(3.‍1) does not apply to societies. 176 Section 647 of the Act is amended by adding the following after subsection (3): Exception (4) Subject to subsection 268(1.‍1), subsection (3) does not apply to a foreign company incorporated or formed otherwise in a country or territory other than Canada in which a trade agreement listed in Schedule IV of the Bank Act is applicable or that is a subsidiary of a regulated foreign entity. 177 Subsection 656(2) of the Act is replaced by the following: Idem (2) Subsections 15(1) and (2), sections 254 to 256 and subsections 268(1) and (2) apply, with such modifications as the circumstances require, to every provincial company for which an order for the commencement and carrying on of business under this Part has been made to the same extent that they are applicable to, or in respect of, a company, but to the extent to which any provision referred to in this section would effect an enlargement, in any respect, of the corporate powers or rights of any provincial company under its incorporating instrument, that provision does not apply to the provincial company. 178 Section 870 of the Act is amended by adding the following after subsection (1): Exception (1.‍1) Subject to subsection 876(1.‍1), subsection (1) does not apply to an insurance holding company that is a subsidiary of a regulated foreign entity. 2007, c. 6, s. 322 179 Subsection 876(2) of the Act is replaced by the following: Direction — immediate, direct, complete and ongoing access (1.‍1) Where an insurance holding company referred to in subsection 870(1.‍1) or 274(3) maintains records referred to in section 869 or the central securities register at a place outside Canada, the Superintendant may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the insurance holding company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendant is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendant is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the insurance holding company not to maintain a copy of those records or register at any place in Canada. Insurance holding company (2) An insurance holding company shall without delay comply with any order issued under subsection (1) or (1.‍1). 2001, c. 9, s. 465 180 Section 878 of the Act is replaced by the following: Regulations 878 The Governor in Council may make regulations respecting the records, papers and documents to be retained by an insurance holding company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 876(1.‍1)‍(a). 181 Section 879 of the Act is amended by adding the following after paragraph (a): (b) the reference to “subsection 268(1.‍1)” in subsection 274(3) is to be read as a reference to “subsection 876(1.‍1)”; 1997, c. 36 Customs Tariff 182 (1) The definitions Canada-United States Free Trade Agreement, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Customs Tariff are repealed. (2) The definition Mexico in subsection 2(1) of the Act is replaced by the following: Mexico has the meaning assigned by paragraph (b) of the definition territory in Section C of Chapter 1 of the Canada–United States–Mexico Agreement. (Mexique) (3) Paragraph (a) of the definition free trade partner in subsection 2(1) of the Act is replaced by the following: (a) the United States; (a.‍1) Mexico; (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act.‍ (Accord Canada–États-Unis–Mexique) 2012, c. 18, s. 33, c. 26, s. 39 and s. 62(37); 2014, c. 28, s. 44 183 (1) Section 5 of the Act is amended by striking out the following from the list of countries: a NAFTA country (2) Section 5 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries. 2012, c. 26, s. 63(2) 184 Subparagraphs 14(2)‍(c)‍(iv) and (v) of the Act are repealed. 185 Paragraph 16(4)‍(a) of the Act is replaced by the following: (a) Chapters 4 and 6 of the Canada–United States–Mexico Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement; 2011, c. 24, s. 115 186 Subparagraph 24(1)‍(b)‍(v) of the Act is replaced by the following: (v) subsection 45(7), 2012, c. 26, s. 63(3) 187 (1) Section 27 of the Act is amended by striking out the following: MT refers to the Mexico Tariff.‍ (TM) MUST refers to the Mexico–United States Tariff.‍ (TMÉU) (2) Section 27 of the Act is amended by adding the following in alphabetical order: MXT refers to the Mexico Tariff.‍ (TMX) 188 The heading before section 45 of the Act is replaced by the following: United States Tariff and Mexico Tariff 189 Subsections 45(3) to (13) of the Act are replaced by the following: “F” staging for UST (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “UST” in relation to goods entitled to the United States Tariff, the United States Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. Application of MXT (4) Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty. “A” final rate for MXT (5) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”. “F” staging for MXT (6) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MXT” in relation to goods entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List. Extension of UST and MXT (7) Despite any other provision of this Act, for the purpose of giving effect to Annex 6-A of the Canada–United States–Mexico Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under any conditions that are specified in the order. 2011, c. 24, s. 124 190 (1) The definition contribute importantly in section 54 of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (2) The definition contribute importantly in section 54 of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries. 2011, c. 24, s. 124 (3) Paragraph (a) of the definition surge in section 54 of the Act is replaced by the following: (a) the United States or Mexico, means a significant increase in imports over the trend for a recent representative base period; or 191 (1) Paragraph 59(1)‍(b) of the Act is replaced by the following:   (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and (2) Paragraph 59(2)‍(b) of the Act is replaced by the following:   (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and (3) Paragraph 59(3)‍(a) of the Act is replaced by the following:   (a) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and 192 Subsection 61(2) of the Act is replaced by the following: Limitation (2) If the Governor in Council makes an order under subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided, as the case may be, by (a) subparagraph 5(b) of Article 10.‍2 of the Canada–United States–Mexico Agreement; (b) subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement; or (c) subparagraph 5(b) of Article 4.‍6 of the Canada–Israel Free Trade Agreement. 193 Paragraph 63(4)‍(b) of the Act is replaced by the following:   (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and 2018, c. 27, ss. 70 and 71 194 The heading before section 69 and sections 69 and 70 of the Act are repealed. 2012, c. 26, s. 63(4) 195 Paragraphs 79(e) and (f) of the Act are repealed. 196 (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following: Repayment of relief 95 (1) If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to the United States or Mexico, 2005, c. 38, par. 145(2)‍(j) (2) Subsections 95(3) to (5) of the Act are replaced by the following: Reduction of amount repayable (4) The amount of the customs duties levied under subsection (1) shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of the United States or of Mexico. Amount of reduction (5) Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the United States or of Mexico or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero. (3) Paragraph 95(6)‍(a) of the Act is replaced by the following: (a) imported goods that originate in the United States or Mexico that are (i) subsequently exported to the United States or Mexico, (ii) used as materials in the production of goods that are subsequently exported to the United States or Mexico, or (iii) substituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to the United States or Mexico; (4) Paragraph 95(6)‍(d) of the Act is replaced by the following: (d) imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading 5811.‍00 and furniture moving pads provided for under subheading 6307.‍90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country; (5) Subparagraph 95(6)‍(f)‍(iv) of the Act is replaced by the following: (iv) used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of the United States or of Mexico, or with a project in Canada undertaken by the government of the United States or of Mexico and destined to become the property of the government of the United States or of Mexico; and (6) Paragraph 95(6)‍(g) of the Act is replaced by the following: (g) such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of the United States or of Mexico relating to the application of this subsection. (7) Subsection 95(7) of the Act is replaced by the following: Definitions of identical or similar goods and used (7) In this section, identical or similar goods and used have the same meanings as in paragraph 7 of Article 2.‍5 of the Canada–United States–Mexico Agreement. 197 Sections 96 and 97 of the Act are replaced by the following: Maximum drawback 96 Subject to subsection 95(6), a drawback, granted under section 113, of customs duties paid in respect of imported goods that are or were exported to the United States or Mexico, may not exceed the lesser of (a) the amount of customs duties paid or owed in respect of the imported goods at the time of importation, and (b) the amount of customs duties paid to the country that is a party to the Canada–United States–Mexico Agreement to which the imported goods were subsequently exported. No relief or drawback of SIMA duties 97 Subject to subsection 95(6), relief may not be granted under section 89 or 92 and a drawback may not be granted under section 113 of duties paid under the Special Import Measures Act on imported goods that are or were exported to the United States or Mexico. 198 The portion of subsection 98(1) of the Act before paragraph (a) is replaced by the following: Exports to United States or Mexico 98 (1) Subject to subsection 95(6), if relief or a drawback of duties levied under the Special Import Measures Act has been granted in respect of imported goods and the goods are or were exported to the United States or Mexico and the relief or drawback could not be granted because of section 97, 199 Paragraph 132(1)‍(m) of the Act is amended by adding the following after subparagraph (i): (i.‍1) amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by forced labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item, 2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(1), c. 28, s. 54(1); 2018, c. 23, s. 46(1) 200 (1) Paragraph 133(j) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (2) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries. 2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(2), c. 28, s. 54(2); 2018, c. 23, s. 46(2) (3) Paragraph 133(j.‍1) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries. (4) Paragraph 133(j.‍1) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries. 201 (1) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the references to “MT” and “MUST” opposite the reference to “Mexico”. (2) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “Puerto Rico”. (3) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “United States of America”. (4) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “MXT” opposite the reference to “Mexico”. 202 (1) The List of Tariff Provisions set out in the schedule to the Act is amended by striking out all the references to “UST:”, “MT:” and “MUST:” and all the rates of customs duty and staging categories that are set out after those references and are in respect of the tariffs in question. (2) The List of Tariff Provisions set out in the schedule to the Act is amended by (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “CT”, a reference to “UST:”; (b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “CT”, a reference to “UST:”; (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UST”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UST”, for all tariff items except those tariff items set out in Schedules 2 to 4 to this Act; (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UST” for those tariff items set out in Schedule 2 to this Act; and (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UST”, for each tariff item set out in Schedule 3 to this Act, the rates of customs duty and staging categories set out with respect to that tariff item in that Schedule. (3) The List of Tariff Provisions set out in the schedule to the Act is amended by (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “UST”, a reference to “MXT:”; (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “UST”, a reference to “MXT:”; (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “MXT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “MXT”, for all tariff items except those tariff items set out in Schedule 5 to this Act; and (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “MXT” for those tariff items set out in Schedule 5 to this Act. (4) Supplementary Note 1 to Chapter 16 of the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: 1. “Specially defined mixtures” of tariff item Nos. 1602.‍31.‍11, 1602.‍31.‍92, 1602.‍32.‍11 and 1602.‍32.‍92 means a product containing partially or fully cooked, including par-fried, chicken or turkey where 13% or more of the total weight of the product is comprised of goods other than the following listed goods: chicken, turkey, breading, batter, oil, glazing, sauces, other coatings or bastes, or any added water (including that used in marination, glazing, sauces, other coatings, bastes, breading or batter). For the purposes of this definition, whether 13% or more of the total weight of the product is comprised of goods other than the listed goods shall be determined by calculating the total weight of listed goods contained in that product as a percentage of the total weight of the product. (5) Supplementary Note 1 to Section XI of the List of Tariff Provisions set out in the schedule to the Act and the heading before that supplementary note are struck out. (6) Subparagraph (b)‍(iv) of the Description of Goods of tariff item No. 9801.‍10.‍20 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: (iv) have an internal volume of at least 1 m3; (7) Paragraph (f) set out below the reference to “Used or second-hand motor vehicles of all kinds, manufactured prior to the calendar year in which importation into Canada is sought to be made, other than motor vehicles” of the Description of Goods of tariff item No. 9897.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: (f) imported from Mexico (8) The Description of Goods of tariff item No. 9897.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding the following after the reference “Goods manufactured or produced wholly or in part by prison labour”: Goods mined, manufactured or produced wholly or in part by forced labour; (9) The Description of Goods of tariff item No. 9938.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) indigenous handicraft goods. 203 (1) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by striking out all the references to “MT:” and “MUST:” and all the rates of customs duty and dates that are set out after those references and are in respect of the tariffs in question. (2) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 4 to this Act. 2002, c. 28 Pest Control Products Act 204 Subsections 67(3) and (4) of the Pest Control Products Act are replaced by the following: Regulations re WTO Agreement (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. Definition of WTO Agreement (4) In subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. PART 3  Coordinating Amendments and Coming into Force Coordinating Amendments 2018, c. 27 205 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2. (2) If section 296 of the other Act comes into force before section 26 of this Act, then section 31 of this Act is repealed. (3) On the first day on which both section 26 of this Act and section 296 of the other Act are in force, paragraph 70(2)‍(a) of the Copyright Act is replaced by the following: (a) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20, Bill C-75 206 (1) Subsections (2) and (3) apply if Bill C-75, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 1(1) of the other Act comes into force before section 35 of this Act, then, section 33 of this Act is repealed. (3) On the first day on which both section 35 of this Act and subsection 1(1) of the other Act are in force, paragraph 2.‍3(1)‍(a) of the Criminal Code is replaced by the following: (a) proceedings in relation to an offence under subsection 7(2.‍01), (2.‍3) or (2.‍31) or section 57, 58, 83.‍12, 103, 104, 121.‍1, 380, 382, 382.‍1, 391, 400, 424.‍1, 431.‍1, 467.‍11 or 467.‍111 or in relation to any terrorism offence; 2014, c. 20 207 (1) In this section, other Act means the Economic Action Plan 2014 Implementation Act, No. 1. (2) If subsection 366(1) of the other Act comes into force before the day on which this Act receives royal assent, then every reference to “trade-mark” and “Trade-marks” is replaced by a reference to “trademark” and “Trademarks”, respectively, in the following provisions of the English version of this Act: (a) the heading before section 106; and (b) section 106. (3) If subsection 366(1) of the other Act comes into force on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that subsection 366(1) comes into force. Coming into Force Day Agreement enters into force 208 (1) Subject to subsections (2) to (4), this Act — other than sections 205 to 207 — comes into force on the day on which the Agreement enters into force. First anniversary (2) Sections 20 and 152 to 181 come into force on the earlier of (a) a day to be fixed by order of the Governor in Council, and (b) the day before the first anniversary of the day on which the Agreement enters into force. Sixth anniversary (3) Subsection 112(1), section 113, subsection 116(1) and sections 117, 119 to 124, 127, 129, 131 and 134 come into force on the sixth anniversary of the day on which the Agreement enters into force. Order in council (4) Subsection 136(1) comes into force on a day to be fixed by order of the Governor in Council. Definition of Agreement (5) In this section, Agreement means the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018. SCHEDULE 1  (Section 169) SCHEDULE IV  (Sections 2 and 14.‍11 and subsections 239(3.‍1), 251(3), 597(2.‍1), 816(1.‍1) and 828(3)) Agreement within the meaning of subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada–Peru Free Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada–Colombia Free Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada–Panama Economic Growth and Prosperity Act Agreement within the meaning of section 2 of the Canada–Honduras Economic Growth and Prosperity Act Agreement within the meaning of section 2 of the Canada–Korea Economic Growth and Prosperity Act Agreement within the meaning of section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act Agreement within the meaning of section 2 of the Canada–United States–Mexico Agreement Implementation Act SCHEDULE 2  (Paragraphs 202(2)‍(c) and (d)) 0105.‍11.‍22 0406.‍10.‍20 1806.‍20.‍22 0105.‍94.‍92 0406.‍20.‍12 1806.‍90.‍12 0105.‍99.‍12 0406.‍20.‍92 1901.‍20.‍12 0207.‍11.‍92 0406.‍30.‍20 1901.‍20.‍22 0207.‍12.‍92 0406.‍40.‍20 1901.‍90.‍32 0207.‍13.‍92 0406.‍90.‍12 1901.‍90.‍34 0207.‍13.‍93 0406.‍90.‍22 1901.‍90.‍52 0207.‍14.‍22 0406.‍90.‍32 1901.‍90.‍54 0207.‍14.‍92 0406.‍90.‍42 2105.‍00.‍92 0207.‍14.‍93 0406.‍90.‍52 2106.‍90.‍32 0207.‍24.‍12 0406.‍90.‍62 2106.‍90.‍34 0207.‍24.‍92 0406.‍90.‍72 2106.‍90.‍52 0207.‍25.‍12 0406.‍90.‍82 2106.‍90.‍94 0207.‍25.‍92 0406.‍90.‍92 2202.‍99.‍33 0207.‍26.‍20 0406.‍90.‍94 2309.‍90.‍32 0207.‍26.‍30 0406.‍90.‍96 3502.‍11.‍20 0207.‍27.‍12 0406.‍90.‍99 3502.‍19.‍20 0207.‍27.‍92 0407.‍11.‍12 9897.‍00.‍00 0207.‍27.‍93 0407.‍11.‍92 9898.‍00.‍00 0209.‍90.‍20 0407.‍21.‍20 9899.‍00.‍00 0209.‍90.‍40 0407.‍90.‍12 9904.‍00.‍00 0210.‍99.‍12 0408.‍11.‍20 9987.‍00.‍00 0210.‍99.‍13 0408.‍19.‍20 0210.‍99.‍15 0408.‍91.‍20 0210.‍99.‍16 0408.‍99.‍20 0401.‍10.‍20 1601.‍00.‍22 0401.‍20.‍20 1601.‍00.‍32 0401.‍40.‍20 1602.‍20.‍22 0401.‍50.‍20 1602.‍20.‍32 0402.‍10.‍20 1602.‍31.‍13 0402.‍21.‍12 1602.‍31.‍14 0402.‍21.‍22 1602.‍31.‍94 0402.‍29.‍12 1602.‍31.‍95 0402.‍29.‍22 1602.‍32.‍13 0402.‍91.‍20 1602.‍32.‍14 0402.‍99.‍20 1602.‍32.‍94 0403.‍10.‍20 1602.‍32.‍95 0403.‍90.‍12 1701.‍91.‍10 0403.‍90.‍92 1701.‍99.‍10 0404.‍90.‍20 1702.‍90.‍21 0405.‍10.‍20 1702.‍90.‍61 0405.‍20.‍20 1702.‍90.‍70 0405.‍90.‍20 1702.‍90.‍81 SCHEDULE 3  (Paragraphs 202(2)‍(c) and (e)) Tariff Item Initial Rate Final Rate 0404.‍10.‍22 208% but not less than $2.‍07/kg Free (F) 1517.‍10.‍20 82.‍28¢/kg Free (F) 1517.‍90.‍22 218% but not less than $2.‍47/kg Free (F) SCHEDULE 4  (Paragraph 202(2)‍(c) and subsection 203(2)) Tariff Item Most-Favoured-Nation Tariff Preferential Tariff 0404.‍10.‍22 Effective on the day on which the Canada–United States–Mexico Agreement enters into force  UST: 189% but not less than $1.‍88/kg Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 170% but not less than $1.‍69/kg Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 151% but not less than $1.‍50/kg Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 132% but not less than $1.‍31/kg Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 113% but not less than $1.‍12/kg Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 94.‍5% but not less than $0.‍94/kg Effective on January 1 of the sixth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 75.‍5% but not less than $0.‍75/kg Effective on January 1 of the seventh year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 56.‍5% but not less than $0.‍56/kg Effective on January 1 of the eighth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 37.‍5% but not less than $0.‍37/kg Effective on January 1 of the ninth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 18.‍5% but not less than $0.‍18/kg Effective on January 1 of the tenth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: Free 1517.‍10.‍20 Effective on the day on which the Canada–United States–Mexico Agreement enters into force  UST: 68.‍56¢/kg Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 54.‍85¢/kg Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 41.‍14¢/kg Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 27.‍42¢/kg Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 13.‍71¢/kg Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: Free 1517.‍90.‍22 Effective on the day on which the Canada–United States–Mexico Agreement enters into force  UST: 181.‍5% but not less than $2.‍05/kg Effective on January 1 of the first year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 145% but not less than $1.‍64/kg Effective on January 1 of the second year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 109% but not less than $1.‍23/kg Effective on January 1 of the third year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 72.‍5% but not less than $0.‍82/kg Effective on January 1 of the fourth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: 36% but not less than $0.‍41/kg Effective on January 1 of the fifth year after the year in which the Canada–United States–Mexico Agreement enters into force  UST: Free SCHEDULE 5  (Section Paragraphs 202(3)‍(c) and (d)) 0105.‍11.‍21 0207.‍51.‍00 0403.‍90.‍12 0406.‍90.‍93 1602.‍31.‍95 1901.‍90.‍53 0105.‍11.‍22 0207.‍54.‍00 0403.‍90.‍91 0406.‍90.‍94 1602.‍32.‍11 1901.‍90.‍54 0105.‍94.‍10 0207.‍55.‍10 0403.‍90.‍92 0406.‍90.‍95 1602.‍32.‍12 2105.‍00.‍10 0105.‍94.‍91 0207.‍60.‍11 0404.‍10.‍10 0406.‍90.‍96 1602.‍32.‍13 2105.‍00.‍91 0105.‍94.‍92 0207.‍60.‍19 0404.‍10.‍21 0406.‍90.‍98 1602.‍32.‍14 2105.‍00.‍92 0105.‍99.‍11 0207.‍60.‍91 0404.‍10.‍22 0406.‍90.‍99 1602.‍32.‍91 2106.‍90.‍21 0105.‍99.‍12 0209.‍90.‍10 0404.‍10.‍90 0407.‍11.‍11 1602.‍32.‍92 2106.‍90.‍31 0105.‍99.‍90 0209.‍90.‍20 0404.‍90.‍10 0407.‍11.‍12 1602.‍32.‍93 2106.‍90.‍32 0207.‍11.‍10 0209.‍90.‍30 0404.‍90.‍20 0407.‍11.‍91 1602.‍32.‍94 2106.‍90.‍34 0207.‍11.‍91 0209.‍90.‍40 0405.‍10.‍10 0407.‍11.‍92 1602.‍32.‍95 2106.‍90.‍51 0207.‍11.‍92 0209.‍90.‍90 0405.‍10.‍20 0407.‍19.‍00 1602.‍39.‍10 2106.‍90.‍52 0207.‍12.‍10 0210.‍99.‍11 0405.‍20.‍10 0407.‍21.‍10 1602.‍39.‍91 2106.‍90.‍94 0207.‍12.‍91 0210.‍99.‍12 0405.‍20.‍20 0407.‍21.‍20 1602.‍39.‍99 2202.‍99.‍33 0207.‍12.‍92 0210.‍99.‍13 0405.‍90.‍10 0407.‍29.‍00 1701.‍12.‍90 2309.‍90.‍31 0207.‍13.‍10 0210.‍99.‍14 0405.‍90.‍20 0407.‍90.‍11 1701.‍13.‍90 2309.‍90.‍32 0207.‍13.‍91 0210.‍99.‍15 0406.‍10.‍10 0407.‍90.‍12 1701.‍91.‍10 2309.‍90.‍35 0207.‍13.‍92 0210.‍99.‍16 0406.‍10.‍20 0407.‍90.‍90 1701.‍91.‍90 3501.‍10.‍00 0207.‍13.‍93 0210.‍99.‍19 0406.‍20.‍11 0408.‍11.‍10 1701.‍99.‍10 3501.‍90.‍00 0207.‍14.‍10 0401.‍10.‍10 0406.‍20.‍12 0408.‍11.‍20 1701.‍99.‍90 3502.‍11.‍10 0207.‍14.‍21 0401.‍10.‍20 0406.‍20.‍91 0408.‍19.‍10 1702.‍90.‍11 3502.‍11.‍20 0207.‍14.‍22 0401.‍20.‍10 0406.‍90.‍92 0408.‍19.‍20 1702.‍90.‍12 3502.‍19.‍10 0207.‍14.‍91 0401.‍20.‍20 0406.‍30.‍10 0408.‍91.‍10 1702.‍90.‍13 3502.‍19.‍20 0207.‍14.‍92 0401.‍40.‍10 0406.‍30.‍20 0408.‍91.‍20 1702.‍90.‍14 9801.‍20.‍00 0207.‍14.‍93 0401.‍40.‍20 0406.‍40.‍10 0408.‍99.‍10 1702.‍90.‍15 9826.‍10.‍00 0207.‍24.‍11 0401.‍50.‍10 0406.‍40.‍20 0408.‍99.‍20 1702.‍90.‍16 9826.‍20.‍00 0207.‍24.‍12 0401.‍50.‍20 0406.‍90.‍11 1601.‍00.‍11 1702.‍90.‍17 9826.‍30.‍00 0207.‍24.‍91 0402.‍10.‍10 0406.‍90.‍12 1601.‍00.‍21 1702.‍90.‍18 9826.‍40.‍00 0207.‍24.‍92 0402.‍10.‍20 0406.‍90.‍21 1601.‍00.‍22 1702.‍90.‍21 9897.‍00.‍00 0207.‍25.‍11 0402.‍21.‍11 0406.‍90.‍22 1601.‍00.‍31 1702.‍90.‍61 9898.‍00.‍00 0207.‍25.‍12 0402.‍21.‍12 0406.‍90.‍31 1601.‍00.‍32 1702.‍90.‍70 9899.‍00.‍00 0207.‍25.‍91 0402.‍21.‍21 0406.‍90.‍32 1602.‍10.‍10 1702.‍90.‍81 9904.‍00.‍00 0207.‍25.‍92 0402.‍21.‍22 0406.‍90.‍41 1602.‍20.‍21 1702.‍90.‍89 9987.‍00.‍00 0207.‍26.‍10 0402.‍29.‍11 0406.‍90.‍42 1602.‍20.‍22 1806.‍10.‍10 0207.‍26.‍20 0402.‍29.‍12 0406.‍90.‍51 1602.‍20.‍31 1806.‍20.‍22 0207.‍26.‍30 0402.‍29.‍21 0406.‍90.‍52 1602.‍20.‍32 1806.‍90.‍12 0207.‍27.‍11 0402.‍29.‍22 0406.‍90.‍61 1602.‍31.‍11 1901.‍20.‍12 0207.‍27.‍12 0402.‍91.‍10 0406.‍90.‍62 1602.‍31.‍12 1901.‍20.‍22 0207.‍27.‍91 0402.‍91.‍20 0406.‍90.‍71 1602.‍31.‍13 1901.‍90.‍31 0207.‍27.‍92 0402.‍99.‍10 0406.‍90.‍72 1602.‍31.‍14 1901.‍90.‍32 0207.‍27.‍93 0402.‍99.‍20 0406.‍90.‍81 1602.‍31.‍91 1901.‍90.‍33 0207.‍41.‍00 0403.‍10.‍10 0406.‍90.‍82 1602.‍31.‍92 1901.‍90.‍34 0207.‍44.‍00 0403.‍10.‍20 0406.‍90.‍91 1602.‍31.‍93 1901.‍90.‍51 0207.‍45.‍10 0403.‍90.‍11 0406.‍90.‍92 1602.‍31.‍94 1901.‍90.‍52 explanatory notes Canada Deposit Insurance Corporation Act Clause 20: New. Competition Act Clause 21: (1) to (4) Relevant portion of section 30.‍01: 30.‍01 Before Canada enters into an agreement, the Minister of Justice must be satisfied that .‍.‍.   (d) the agreement contains the following undertakings by the foreign state, namely, .‍.‍.   (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested, .‍.‍.   (v) subject to subparagraph (ii), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and Copyright Act Clause 22: Existing text of sections 6.‍1 and 6.‍2: 6.‍1 Except as provided in section 6.‍2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier: (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year, but where, during that term, the author’s identity becomes commonly known, the term provided in section 6 applies. 6.‍2 Where the identity of all the authors of a work of joint authorship is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier: (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year, but where, during that term, the identity of one or more of the authors becomes commonly known, copyright shall subsist for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies, and a period of fifty years following the end of that calendar year. Clause 23: Existing text of subsection 9(2): (2) Authors who are nationals of any country, other than a country that is a party to the North American Free Trade Agreement, that grants a term of protection shorter than that mentioned in subsection (1) are not entitled to claim a longer term of protection in Canada. Clause 24: Existing text of section 11.‍1: 11.‍1 Except for cinematographic works in which the arrangement or acting form or the combination of incidents represented give the work a dramatic character, copyright in a cinematographic work or a compilation of cinematographic works shall subsist (a) for the remainder of the calendar year of the first publication of the cinematographic work or of the compilation, and for a period of fifty years following the end of that calendar year; or (b) if the cinematographic work or compilation is not published before the expiration of fifty years following the end of the calendar year of its making, for the remainder of that calendar year and for a period of fifty years following the end of that calendar year. Clause 25: Existing text of subsection 17(4): (4) If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the benefits conferred by this section, subject to any terms and conditions specified in the statement, to performers who are nationals of that country or another country that is a party to the Agreement or are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and whose performer’s performances are embodied in works other than the prescribed cinematographic works referred to in subsection (3). Clause 26: Existing text of subsections 20(3) and (4): (3) If so requested by a country that is a party to the North American Free Trade Agreement, the Minister may, by a statement published in the Canada Gazette, grant the right to remuneration conferred by subsection 19(1.‍1) to performers or makers who are nationals of that country and whose sound recordings embody dramatic or literary works. (4) Where a statement is published under subsection (3), section 19 applies (a) in respect of nationals of a country mentioned in that statement, as if they were citizens of Canada or, in the case of corporations, had their headquarters in Canada; and (b) as if the fixations made for the purpose of their sound recordings had been made in Canada. Clause 27: (1) Relevant portion of subsection 23(1): 23 (1) Subject to this Act, copyright in a performer’s performance subsists until the end of 50 years after the end of the calendar year in which the performance occurs. However, (a) if the performance is fixed in a sound recording before the copyright expires, the copyright continues until the end of 50 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs; and (b) if a sound recording in which the performance is fixed is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first such publication occurs and the end of 100 years after the end of the calendar year in which the first fixation of the performance in a sound recording occurs. (2) Existing text of subsection 23(1.‍1): (1.‍1) Subject to this Act, copyright in a sound recording subsists until the end of 50 years after the end of the calendar year in which the first fixation of the sound recording occurs. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 70 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of 100 years after the end of the calendar year in which that first fixation occurs. Clause 28: New. Clause 29: Existing text of subsection 44.‍01(2): (2) Subsection (1) does not apply to (a) copies that are imported or exported by an individual in their possession or baggage if the circumstances, including the number of copies, indicate that the copies are intended only for their personal use; or (b) copies that, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada. Clause 30: Relevant portion of subsection 44.‍04(1): 44.‍04 (1) A customs officer who is detaining copies of a work or other subject-matter under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the copies is prohibited under section 44.‍01 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to the work or subject-matter filed by the owner of copyright in it, provide that owner with a sample of the copies and with information about the copies that could assist them in pursuing a remedy under this Act, such as .‍.‍.   (b) the name and address of their owner, importer, exporter and consignee and of the person who made them; Clause 31: Relevant portion of subsection 68(2): (2) In examining a proposed tariff for the performance in public or the communication to the public by telecommunication of performer’s performances of musical works, or of sound recordings embodying such performer’s performances, the Board (a) shall ensure that (i) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20 other than subsections 20(3) and (4), Criminal Code Clause 33: Existing text of the definition: Attorney General  .‍.‍.   (g) with respect to proceedings in relation to an offence referred to in sections 121.‍1, 380, 382, 382.‍1 and 400, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them; (procureur général) Clause 34: Relevant portion of the definition: offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to Clause 35: New. Export and Import Permits Act Clause 38: (1) Existing text of the definitions: NAFTA has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (ALÉNA) NAFTA country has the meaning assigned to the expression NAFTA country by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA) (2) Relevant portion of the definition: free trade partner means (a) a NAFTA country, (3) New. (4) and (5) Relevant portion of subsection 2(2): (2) For the purposes of this Act, goods are imported from one of the following countries or territories if they are shipped directly to Canada from that country or territory, within the meaning of sections 17 and 18 of the Customs Tariff: a NAFTA country Clause 39: Existing text of the definitions: contribute importantly, in respect of goods imported from a NAFTA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante) surge, in respect of goods imported from a NAFTA country or from Chile, has the meaning given that word by Article 805 of NAFTA or Article F-05 of CCFTA, as the case may be; (augmentation subite) Clause 40: Relevant portion of subsection 5(4): (4) Notwithstanding subsections (3) and (3.‍2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.‍07 of the Canadian International Trade Tribunal Act, that .‍.‍.   (b) in the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and Clause 41: (1) Existing text of subsection 6.‍1(1): 6.‍1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Mexico — United States Tariff, the Chile Tariff or the Costa Rica Tariff. (2) Relevant portion of subsection 6.‍1(2): (2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (a) or (b) and are not originating goods are being imported from a NAFTA country, from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out (a) in the case of goods listed in Appendix 1.‍1 of Annex 300-B of NAFTA that are imported from a NAFTA country, in section 5 of that Annex in relation to those goods; (3) Existing text of subsection 6.‍1(3): (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 4 of Annex 300-B of NAFTA, paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.‍1 of CCRFTA, as the case may be. Clause 42: (1) Existing text of subsection 6.‍2(1.‍1): (1.‍1) If any goods, other than softwood lumber products to which section 6.‍3 applies, have been included on the Export Control List under paragraph 3(1)‍(d), for the purpose of implementing CETA, or under paragraph 3(1)‍(f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.‍1) or section 8.‍31. (2) New. Clause 43: Existing text of subsection 8(3): (3) If an order has been made under subsection 5(3) or (3.‍2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.‍1), the Minister shall, in determining whether to issue a permit under this section, be guided by subparagraph 5(b) of Article 802 of NAFTA, subparagraph 5(b) of Article F-02 of CCFTA or subparagraph 5(b) of Article 4.‍6 of CIFTA, as the case may be. Clause 44: Relevant portion of section 12: 12 The Governor in Council may make regulations .‍.‍.  Fertilizers Act Clause 51: Existing text of subsections 5(2) and (3): (2) Without limiting the authority conferred by subsection (1), the Governor in Council may make such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to fertilizers or supplements, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. (3) In subsection (2), North American Free Trade Agreement has the meaning given to the word "Agreement" by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain) WTO Agreement has the meaning given to the word "Agreement" by subsection 2(1) of the World Trade Organization Agreement Implementation Act.‍ (Accord sur l’OMC) Financial Administration Act Clause 52: Relevant portion of subsection 85(2): (2) Divisions I to V do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister, Clause 53: Text of the Division: DIVISION V  Implementation of the North American Free Trade Agreement 154.‍1 (1) In exercising its powers and performing its duties, a Crown corporation shall give effect to those provisions of the Agreement that pertain to that corporation. (2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the Agreement that pertains to that corporation. (3) In subsections (1) and (2), Agreement has the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act. Food and Drugs Act Clause 55: Existing text of section 14: 14 (1) No person shall distribute or cause to be distributed any drug as a sample. (2) Subsection (1) does not apply to the distribution, under prescribed conditions, of samples of drugs to physicians, dentists, veterinary surgeons or pharmacists. Clause 56: (1) Relevant portion of subsection 30(1): 30 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without restricting the generality of the foregoing, may make regulations .‍.‍.   (n) respecting the distribution or the conditions of distribution of samples of any drug; (2) Existing text of subsection 30(3): (3) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. (3) Existing text of the definition: North American Free Trade Agreement has the meaning given to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain) (4) New. Canada Grain Act Clause 57: Existing text of the heading: Interpretation Clause 58: (1) and (2) Existing text of the definitions: contaminated means, in respect of grain, containing any substance in sufficient quantity that the grain is unfit for consumption by persons and animals or is adulterated within the meaning of the regulations made pursuant to paragraph 30(1)‍(a) of the Food and Drugs Act; (contaminé) eastern grain means grain grown in the Eastern Division; (grain de l’Est) foreign grain means any grain grown outside Canada and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain étranger) western grain means grain grown in the Western Division.‍ (grain de l’Ouest) (3) New. Clause 59: New. Clause 60: Relevant portion of subsection 14(1): 14 (1) Subject to this Act, the Commission shall, in furtherance of its objects, (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for Canadian grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada; Clause 61: New. Clause 62: (1) and (2) Relevant portions of subsection 32(1): 32 (1) Subject to this Act, an inspector, after making an official inspection of grain pursuant to this Act, shall issue an inspection certificate in prescribed form, (a) where the grain was grown in Canada, .‍.‍.   (b) where the grain was grown outside Canada, stating the country of origin of the grain or stating that the grain is foreign grain. Clause 63: New. Clause 64: Existing text of section 61: 61 Where grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, (a) if the producer and the operator of the elevator agree as to the grade of the grain and the dockage, the operator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and forthwith provide the producer with the cash purchase ticket or elevator receipt; and (b) if the producer and the operator of the elevator do not agree as to the grade of the grain or the dockage, the operator shall (i) take a sample of the grain in the manner prescribed, (ii) deal with the sample in the manner prescribed, (iii) issue an interim elevator receipt in the prescribed form, and (iv) on receipt of a report from the Commission assigning a grade in respect of the sample and determining the dockage, issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample and the dockage so determined, and forthwith provide the producer with the cash purchase ticket or elevator receipt. Clause 65: Existing text of the heading and sections 83.‍1 to 84: Deductions 83.‍1 (1) Any person required to issue a cash purchase ticket under this Act shall deduct from the amount payable under the ticket the prescribed amount per tonne of wheat or barley grown in the Western Division, and shall remit that amount to the prescribed agency. (2) A person entitled to a cash purchase ticket may, unless the regulations provide for the payment of refunds, opt out of the payment of deductions under subsection (1). (3) A prescribed agency may use any amount it receives under subsection (1) for the purposes of (a) research activities into new and improved grain varieties; (b) the promotion of the marketing and use of grain grown in Canada; (c) technical assistance relating to the use of grain grown in Canada; and (d) covering the administrative costs that it incurs in applying this section. 83.‍2 (1) The Governor in Council may make regulations (a) prescribing the amount to be deducted per tonne under section 83.‍1; (b) prescribing an agency to which amounts are to be remitted under section 83.‍1; (c) providing exemptions from the deduction under section 83.‍1; (d) governing the opting out of the payment of deductions or providing for refunds of amounts deducted under section 83.‍1; (e) requiring a person making a deduction under section 83.‍1 or the prescribed agency to report on its activities under that section; and (f) respecting any other matter relating to the administration of section 83.‍1. (2) Regulations made under subsection (1) may distinguish on the basis of type, class or grade of grain, or region where the grain was produced. 83.‍3 Sections 83.‍1 and 83.‍2 cease to have effect five years after the day on which this section comes into force. PART V  Carriage of Grain General 84 Except with the written permission of the Commission or in accordance with prescribed terms and conditions, no person, other than a public carrier, shall transport or cause to be transported any grain (a) from the Western Division to the Eastern Division or from the Eastern Division to the Western Division; or (b) into or out of Canada. Clause 66: (1) and (2) Relevant portion of subsection 116(1): 116 (1) The Commission may, with the approval of the Governor in Council, make regulations .‍.‍.   (h) respecting the receipt, inspection, handling and storage at elevators of foreign grain and prescribing the period of time that foreign grain may remain in storage at any elevator; Clause 67: New. Importation of Intoxicating Liquors Act Clause 68: (1) Existing text of the definition: NAFTA country has the meaning assigned to the expression NAFTA country by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA) (2) New. Clause 69: Relevant portion of subsection 3(2): (2) The provisions of subsection (1) do not apply to .‍.‍.   (c) the importation of bulk spirits into a province from a NAFTA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff, the Mexico Tariff or the Mexico — United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and Special Import Measures Act Clause 70: (1) and (2) Existing text of the definitions: Canadian Secretary means (a) when Part I.‍1 is in force, the Secretary referred to in section 15 of the North American Free Trade Agreement Implementation Act, and (b) when Part II is in force, the Secretary appointed under subsection 77.‍24(1); (secrétaire canadien) government of a NAFTA country means such department, agency or other body of the government of a NAFTA country as is prescribed; (gouvernement d’un pays ALÉNA) NAFTA country has the meaning assigned that expression by subsection 2(1) of the North American Free Trade Agreement Implementation Act, but does not include Canada; (pays ALÉNA) North American Free Trade Agreement has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (Accord de libre-échange nord-américain) (3) New. Clause 71: Relevant portion of subsection 9.‍01(1): 9.‍01 (1) Where a review is requested under Part I.‍1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a NAFTA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case Clause 72: Relevant portion of subsection 9.‍21(1): 9.‍21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a NAFTA country imported into Canada, and a review is requested under Part I.‍1 of the final determination of the President under paragraph 41(1)‍(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)‍(a), in which case Clause 73: Existing text of subsection 43(1.‍01): (1.‍01) Where an inquiry referred to in section 42 involves goods of (a) more than one NAFTA country, or (b) one or more NAFTA countries and goods of one or more other countries, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each NAFTA country. Clause 74: Relevant portion of subsection 56(1.‍01): (1.‍01) Notwithstanding subsection (1), (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a NAFTA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination referred to in that subsection is made in respect of goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods. Clause 75: Relevant portion of subsection 58(1.‍1): (1.‍1) Notwithstanding subsection (1), (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a NAFTA country, the importer of the goods may, within ninety days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods. Clause 76: Existing text of subsections 59(3.‍1) and (3.‍2): (3.‍1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a NAFTA country, to the government of that NAFTA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.‍1, to the Canadian Secretary. (3.‍2) A notice sent to the government of a NAFTA country pursuant to subsection (3.‍1) shall be deemed, for the purposes of this Act, to have been received by that government ten days after the day on which it was mailed. Clause 77: (1) Relevant portion of subsection 70(1): 70 (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date, .‍.‍.   (b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods. (2) Relevant portion of subsection 70(2): (2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date, .‍.‍.   (b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods. (3) Relevant portion of subsection 70(3): (3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)‍(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date, .‍.‍.   (b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)‍(i), whether or not the importer of the goods has paid all duties owing on the goods. Clause 78: Existing text of subsection 76.‍04(1): 76.‍04 (1) If a review under section 76.‍01, 76.‍02 or 76.‍03 involves goods of more than one NAFTA country, or of one or more NAFTA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each NAFTA country. Clause 79: Existing text of heading: Dispute Settlement Respecting Goods of a NAFTA Country Clause 80: (1) to (3) Existing text of the definitions: NAFTA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 2002 of the North American Free Trade Agreement; (secrétaire national) rules means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the North American Free Trade Agreement; (règles) (4) and (5) Relevant portion of the definition: definitive decision means .‍.‍.  in so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; (décisions finales) (6) New. Clause 81: (1) Existing text of subsections 77.‍011(1) to (4): 77.‍011 (1) The Minister or the government of a NAFTA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 1904 of the North American Free Trade Agreement, that the definitive decision, in so far as it applies to goods of that NAFTA country, be reviewed by a panel. (2) Any person who, but for section 77.‍012, would be entitled to apply under the Federal Courts Act or section 96.‍1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 1904 of the North American Free Trade Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel. (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 1904 of the North American Free Trade Agreement. (4) A request under subsection (1) or (2) may only be made within thirty days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within thirty days after the day on which notice of the re-determination is received by the government of a NAFTA country. (2) Existing text of subsection 77.‍011(6): (6) On receiving a request from the government of a NAFTA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate NAFTA country Secretary of the request and the day on which it was received by the Canadian Secretary. Clause 82: (1) to (3) Relevant portion of subsection 77.‍012(1): 77.‍012 (1) No person or government may apply under the Federal Courts Act or section 96.‍1 of this Act or appeal under section 61 of this Act in respect of a definitive decision (a) before the expiry of the period of thirty days after .‍.‍.   (ii) in the case of a re-determination of the President under subsection 59(1), (1.‍1) or (3), the day on which notice of the re-determination is received by the government of a NAFTA country; and (b) unless the person or government has, within twenty days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate NAFTA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal. (4) Existing text of subsection 77.‍012(2): (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.‍1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 1904 of the North American Free Trade Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.‍1(2) of the Federal Courts Act and subsection 96.‍1(3) of this Act is extended by ten days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences. Clause 83: (1) Existing text of subsection 77.‍013(1): 77.‍013 (1) On a request under section 77.‍011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 1901.‍2 to Chapter Nineteen of the North American Free Trade Agreement and any regulations made in connection therewith. (2) Existing text of subsection 77.‍013(3): (3) If a request is made for the review of a final determination of the President under paragraph 41(1)‍(b) that applies to or is made in respect of particular goods of a NAFTA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that NAFTA country, be appointed to review the final determination and the order or finding. Clause 84: (1) Existing text of subsection 77.‍015(1): 77.‍015 (1) A panel shall conduct a review of a definitive decision in accordance with Chapter Nineteen of the North American Free Trade Agreement and the rules. (2) Existing text of subsection 77.‍015(5): (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the NAFTA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette. Clause 85: Existing text of sections 77.‍017 and 77.‍018: 77.‍017 (1) Within the period after a panel makes an order under subsection 77.‍015(3) or (4) prescribed by the rules, the Minister or the government of the NAFTA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order. (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 1904 of the North American Free Trade Agreement. (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate NAFTA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a NAFTA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary. 77.‍018 On a request under section 77.‍017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 1904.‍13 to Chapter Nineteen of the North American Free Trade Agreement and any regulations made in connection therewith. Clause 86: (1) Existing text of subsection 77.‍019(1): 77.‍019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 1904.‍13 to Chapter Nineteen of the North American Free Trade Agreement and the rules. (2) Existing text of subsection 77.‍019(6): (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the NAFTA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette. Clause 87: Existing text of subsection 77.‍021(1): 77.‍021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 1909 of the North American Free Trade Agreement. Clause 88: Existing text of section 77.‍022: 77.‍022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 2001 of the North American Free Trade Agreement. Clause 89: Existing text of section 77.‍023: 77.‍023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a NAFTA country only with respect to an allegation referred to in Article 1905.‍1 of the North American Free Trade Agreement. (2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 1904.‍13 of the North American Free Trade Agreement and any regulations made in connection therewith. Clause 90: Existing text of subsection 77.‍024(1): 77.‍024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a NAFTA country pursuant to a request made by Canada in respect of an allegation referred to in Article 1905.‍1 of the North American Free Trade Agreement, the Minister shall stay all (a) panel reviews under section 77.‍011, and (b) committee proceedings under section 77.‍017 that were requested by the government or a person of that NAFTA country after the date on which consultations were requested under Article 1905.‍1 of the North American Free Trade Agreement. Clause 91: Existing text of section 77.‍025: 77.‍025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a NAFTA country, the government of that NAFTA country may request that the Minister stay all (a) panel reviews under section 77.‍011, and (b) committee proceedings under section 77.‍017 that were requested by the government or a person of that NAFTA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings. Clause 92: Existing text of sections 77.‍027 and 77.‍028: 77.‍027 Where a special committee makes an affirmative finding against Canada or a NAFTA country pursuant to a request made by the government of a NAFTA country or Canada in respect of an allegation referred to in Article 1905.‍1 of the North American Free Trade Agreement, (a) the time periods provided for in subsection 77.‍011(4) for requesting a panel review and in subsection 77.‍017(1) for requesting committee proceedings in respect of goods of that NAFTA country, and (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.‍1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.‍01(1) in respect of goods of that NAFTA country, shall not run unless and until resumed in accordance with subsection 77.‍033. 77.‍028 (1) The Minister may suspend the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of a NAFTA country (a) at any time after the expiration of sixty days, but not later than ninety days, following an affirmative finding against the NAFTA country by a special committee requested by Canada under Article 1905.‍2 of the North American Free Trade Agreement; and (b) at any time where the government of the NAFTA country has suspended the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada. (2) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under subsection (1) with respect to goods of a NAFTA country, the Canadian Secretary shall forward a written notice of the suspension to the NAFTA country Secretary of that NAFTA country and shall publish a notice of the suspension in the Canada Gazette. Clause 93: (1) Existing text of subsection 77.‍029(1): 77.‍029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of sixty days, but in no case later than ninety days, following an affirmative finding against a NAFTA country by a special committee requested by Canada under Article 1905.‍2 of the North American Free Trade Agreement, suspend the application to that NAFTA country of such benefits under the North American Free Trade Agreement as the Governor in Council considers appropriate in the circumstances. (2) and (3) Relevant portion of subsection 77.‍029(2): (2) For the purpose of suspending the application to a NAFTA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things: (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the North American Free Trade Agreement or an Act of Parliament; (4) Existing text of subsection 77.‍029(6): (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 1905.‍10(a) of the North American Free Trade Agreement, the Governor in Council shall take action consistent with that determination. Clause 94: Existing text of sections 77.‍03 to 77.‍033: 77.‍03 Where the operation of Article 1904 of the North American Free Trade Agreement is suspended under section 77.‍028 in respect of a NAFTA country, benefits under Article 1905.‍2 of the North American Free Trade Agreement may not be suspended under section 77.‍029 in respect of that NAFTA country, and where benefits under Article 1905.‍2 of the North American Free Trade Agreement are suspended under section 77.‍029 in respect of a NAFTA country, the operation of Article 1904 of the North American Free Trade Agreement may not be suspended under section 77.‍028 in respect of that NAFTA country. 77.‍031 (1) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under paragraph 77.‍028(1)‍(a) and (a) where any panel review is stayed under subsection 77.‍024(1), the Minister, the government of the NAFTA country, or any party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under subsection 77.‍024(1), the Minister, the government of the NAFTA country, or any party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act. (2) Where the government of a NAFTA country suspends the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada under Article 1905.‍8 of the North American Free Trade Agreement and (a) where any panel review is stayed under section 77.‍025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act; or (b) where any committee proceeding is stayed under section 77.‍025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.‍1(4) of the Federal Courts Act. (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 1904 is terminated pursuant to section 77.‍032. 77.‍032 The Minister shall terminate any suspension effected under subsection 77.‍028(1) if a special committee reconvened pursuant to Article 1905.‍10 of the North American Free Trade Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected. 77.‍033 All panel reviews and committee proceedings stayed under subsection 77.‍024(1) or section 77.‍025 and any running of the time periods suspended under section 77.‍027 shall resume (a) where the operation of Article 1904 of the North American Free Trade Agreement is not suspended under paragraph 77.‍028(1)‍(a), on the expiration of ninety days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or (b) where benefits are suspended under section 77.‍029. Clause 95: Relevant portion of subsection 77.‍034(1): 77.‍034 (1) Every person commits an offence who contravenes or fails to comply with .‍.‍.   (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any NAFTA country giving effect to the North American Free Trade Agreement. Clause 96: (1) and (2) Relevant portion of section 77.‍035: 77.‍035 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Chapter Nineteen of the North American Free Trade Agreement and the rules, including powers, rights and privileges of a superior court of record; .‍.‍.   (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 1901.‍2, and paragraph 1 of Annex 1904.‍13, of Chapter Nineteen of the North American Free Trade Agreement; and Clause 97: Existing text of section 77.‍036: 77.‍036 The rules, the code of conduct established pursuant to Article 1909 of the North American Free Trade Agreement and any amendments made to the rules or code shall be published in the Canada Gazette. Clause 98: Existing text of section 77.‍037: 77.‍037 No provision (a) of an Act to amend this Act, (b) of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, or (c) amending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review that comes into force after the coming into force of this section shall be applied in respect of goods of a NAFTA country, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of that NAFTA country. Clause 99: Existing text of section 83.‍1: 83.‍1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a NAFTA country, the President shall, on receipt of a request from the government of that NAFTA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies. Clause 100: Existing text of subsection 96.‍11(1): 96.‍11 (1) Subsection 18.‍3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a NAFTA country. Clause 101: Existing text of subsections 96.‍21(1) to (5): 96.‍21 (1) The Minister for International Trade may, in the manner provided for by the law of a NAFTA country giving effect to the North American Free Trade Agreement, request that a final determination be reviewed by a panel established under that law. (2) Any person who, but for the law of a NAFTA country giving effect to the North American Free Trade Agreement, would be entitled under the law of that NAFTA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law. (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 1904 of the North American Free Trade Agreement. (4) A request under subsection (1) or (2) may only be made within thirty days after the day on which notice of the final determination is published in the official publication of the NAFTA country, or, in the case of a final determination of which notice is not so published, within thirty days after the day on which notice of the final determination is received by the Minister. (5) In this section, final determination means a final determination as defined in Annex 1911 of the North American Free Trade Agreement. Clause 102: (1) and (2) Relevant portion of subsection 97(1): 97 (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations .‍.‍.   (g.‍11) deeming a government in Canada or in a NAFTA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.‍011(2); .‍.‍.   (g.‍21) defining the expression goods of a NAFTA country for the purpose of this Act; (g.‍22) determining, in respect of each NAFTA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act; Trade-marks Act Clause 106: New. Clause 107: (1) Relevant portion of subsection 51.‍03(2): (2) Subsection (1) does not apply if .‍.‍.   (d) the goods, while being shipped from one place outside Canada to another, are in customs transit control or customs transhipment control in Canada. (2) Relevant portion of subsection 51.‍03(2.‍3): (2.‍3) Subsections (2.‍1) and (2.‍2) do not apply if .‍.‍.   (c) the wine or spirit or the agricultural product or food, while being shipped from one place outside Canada to another, is in customs transit control or customs transhipment control in Canada. (3) New. Clause 108: Relevant portion of subsection 51.‍06(1): 51.‍06 (1) A customs officer who is detaining goods under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the goods is prohibited under section 51.‍03 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to a relevant protected mark filed by its owner, provide that owner with a sample of the goods and with information about the goods that could assist them in pursuing a remedy under this Act, such as .‍.‍.   (b) the name and address of their owner, importer, exporter and consignee and of the person who made them; Investment Canada Act Clause 109: Existing text of subsections 24(2) to (5): (2) Notwithstanding section 90 of the Financial Administration Act, where a NAFTA investor is, pursuant to a review under this Part, required to divest control of a cultural business, as defined in subsection 14.‍1(6), that has been acquired in the manner described in subparagraph 28(1)‍(d)‍(ii), where the circumstances described in subsection 14(2) do not apply, Her Majesty in right of Canada may acquire all or part of the cultural business and dispose of all or any part of the cultural business so acquired. (3) For the purposes of subsection (2), the Governor in Council may, on the recommendation of the Minister and the Treasury Board, by order, designate any Minister of the Crown in right of Canada, or any Crown corporation within the meaning of the Financial Administration Act, to act as agent on behalf of Her Majesty with full authority to do all things necessary, subject to such terms and conditions not inconsistent with the obligations of the parties to the NAFTA Agreement under Article 2106 of the Agreement, as the Governor in Council considers appropriate. (4) In this section, controlled by a NAFTA investor, with respect to a Canadian business, means, notwithstanding subsection 28(2), (a) the ultimate direct or indirect control in fact of the Canadian business by a NAFTA investor through the ownership of voting interests, or (b) the ownership by a NAFTA investor of all or substantially all of the assets used in carrying on the Canadian business; (sous le contrôle d’un investisseur ALÉNA) NAFTA Agreement has the meaning given to the word “Agreement” by the North American Free Trade Agreement Implementation Act; (Accord ALÉNA) NAFTA country means a country that is a party to the NAFTA Agreement; (pays ALÉNA) NAFTA investor means (a) an individual, other than a Canadian, who is a national as defined in Article 201 of the NAFTA Agreement, (b) a government of a NAFTA country, whether federal, state or local, or an agency thereof, (c) an entity that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), and that is a NAFTA investor-controlled entity, as determined in accordance with subsection (5), (d) a corporation or limited partnership (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1), (ii) that is not a NAFTA investor within the meaning of paragraph (c), (iii) of which less than a majority of its voting interests are owned by NAFTA investors, (iv) that is not controlled in fact through the ownership of its voting interests, and (v) of which two thirds of the members of its board of directors, or of which two thirds of its general partners, as the case may be, are any combination of Canadians and NAFTA investors, (e) a trust (i) that is not a Canadian-controlled entity, as determined pursuant to subsection 26(1) or (2), (ii) that is not a NAFTA investor within the meaning of paragraph (c), (iii) that is not controlled in fact through the ownership of its voting interests, and (iv) of which two thirds of its trustees are any combination of Canadians and NAFTA investors, or (f) any other form of business organization specified by the regulations that is controlled by a NAFTA investor.‍ (investisseur ALÉNA) (5) For the purposes only of determining whether an entity is a NAFTA investor-controlled entity under paragraph (c) of the definition NAFTA investor in subsection (4), (a) subsections 26(1) and (2) and section 27 apply and, for that purpose, (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “NAFTA investor” or “NAFTA investors”, respectively, (ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian, other than a NAFTA investor,” or “non-Canadians, other than NAFTA investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)‍(ii), which shall be read and construed as a reference to “not NAFTA investors”, (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “NAFTA investor-controlled”, and (iv) the reference in subparagraph 27(d)‍(i) to “Canada” shall be read and construed as a reference to “a NAFTA country”; and (b) where two persons, one being a Canadian and the other being a NAFTA investor, own equally all of the voting shares of a corporation, the corporation is deemed to be NAFTA investor-controlled. Customs Act Clause 112: (1) Existing text of the definitions: NAFTA has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (ALÉNA) NAFTA country has the meaning assigned to that expression by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA) (2) New. Clause 113: Existing text of subsection 35.‍02(4): (4) If a person imports goods of a prescribed class from a NAFTA country, that person is not liable to a penalty under section 109.‍1 unless (a) the person has previously failed to comply with section 35.‍01 in respect of imported goods and has been given notice pursuant to subsection (2); (b) the goods with respect to which there has been a failure to comply with section 35.‍01 or a notice given pursuant to subsection (2) have been released without being marked in the manner referred to in section 35.‍01; or (c) the imported goods have been marked in a deceptive manner so as to mislead another person as to the country or geographic area of origin of the goods. Clause 114: (1) Existing text of subsections 35.‍1(3) and (3.‍1): (3) Subject to any regulations made under subsection (4), proof of origin of goods shall be furnished under subsection (1) by the importer or owner thereof. (3.‍1) If an importer of goods for which preferential tariff treatment under the CPTPP will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, the importer shall do so in writing, in the prescribed form and containing the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer. (2) Relevant portion of subsection 35.‍1(4): (4) The Governor in Council, on the recommendation of the Minister and the Minister of Finance, may make regulations Clause 115: Existing text of the heading: Conduct of Verification Clause 116: (1) and (2) Relevant portion of subsection 42.‍1(1): 42.‍1 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to the prescribed conditions, .‍.‍.   (b) enter any prescribed premises or place at any reasonable time to verify the amount, if any, of (i) a relief under section 89 of the Customs Tariff from the payment of any duties payable in respect of imported goods that are subsequently exported to a NAFTA country, or (ii) a drawback under section 113 of the Customs Tariff of duties paid in respect of imported goods that are subsequently exported to a NAFTA country. Clause 117: Existing text of subsections 42.‍3(1) to (4): 42.‍3 (1) In this section, customs administration has the meaning assigned to that expression by Article 514 of NAFTA, Article E-14 of CCFTA, Article V.‍14 of CCRFTA or Article 5.‍1 of CHFTA, as the case may be. (2) Subject to subsection (4), a redetermination or further redetermination of origin does not take effect until notice of it is given to the importer of the goods and any person who completed and signed a Certificate of Origin for the goods if the result of the redetermination or further redetermination of origin made under subsection 59(1) in respect of goods for which preferential tariff treatment under NAFTA, CCFTA, CCRFTA or CHFTA is claimed and that are the subject of a verification of origin under this Act is that (a) the goods are not eligible for that preferential tariff treatment on the basis of the tariff classification or value of one or more materials used in their production; and (b) that tariff classification or value differs from the tariff classification or value applied to those materials by the NAFTA country from which the goods were exported, from Chile, from Costa Rica or from Honduras, as the case may be. (3) A redetermination or further redetermination of origin referred to in subsection (2) shall not be applied to goods imported before the date on which the notice was given if the customs administration of the NAFTA country from which the goods were exported, of Chile, of Costa Rica or of Honduras, as the case may be, has, before that date, (a) given an advance ruling under Article 509 of NAFTA, Article E-09 of CCFTA, Article V.‍9 of CCRFTA, paragraph 1 of Article 5.‍10 or paragraph 11 of Article 6.‍2 of CHFTA as the case may be, or given another ruling referred to in paragraph 12 of Article 506 of NAFTA, paragraph 12 of Article E-06 of CCFTA, paragraph 15 of Article V.‍6 of CCRFTA, or paragraph 15 of Article 5.‍7 of CHFTA, as the case may be, on the tariff classification or value of the materials referred to in subsection (2); or (b) given consistent treatment with respect to the tariff classification or value of the materials referred to in subsection (2) on their importation into the NAFTA country, Chile, Costa Rica or Honduras, as the case may be. (4) The date on which a redetermination or further redetermination of origin referred to in subsection (2) takes effect shall be postponed for a period not exceeding ninety days if the importer of the goods that are the subject of the redetermination or further redetermination or any person who completed and signed a Certificate of Origin for the goods establishes to the satisfaction of the Minister that the importer or the person, as the case may be, has relied in good faith, to the detriment of the importer or person, on the tariff classification or value applied to the materials referred to in that subsection by the customs administration of the NAFTA country from which the goods were exported, of Chile, Costa Rica or of Honduras, as the case may be. Clause 118: New. Clause 119: Existing text of the heading and of section 57.‍01. Marking Determination 57.‍01 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section may, at or before the time goods imported from a NAFTA country are accounted for under subsection 32(1), (3) or (5), in the prescribed manner and subject to the prescribed conditions, make a determination as to whether the goods have been marked in the manner referred to in section 35.‍01. (2) If an officer does not make a determination under subsection (1) in respect of goods imported from a NAFTA country at or before the time the goods are accounted for under subsection 32(1), (3) or (5), a determination as to whether the goods have been marked in the manner referred to in section 35.‍01 shall be deemed to have been made in accordance with any representations that have been made in respect of the marking of the goods by the person who accounted for the goods. Clause 120: (1) Relevant portion of subsection 59(1): 59 (1) An officer, or any officer within a class of officers, designated by the President for the purposes of this section may (a) in the case of a determination under section 57.‍01 or 58, re-determine the origin, tariff classification, value for duty or marking determination of any imported goods at any time within (2) Existing text of subsection 59(2): (2) An officer who makes a determination under subsection 57.‍01(1) or 58(1) or a re-determination or further re-determination under subsection (1) shall without delay give notice of the determination, re-determination or further re-determination, including the rationale on which it is made, to the prescribed persons. (3) Relevant portion of subsection 59(3): (3) Every prescribed person who is given notice of a determination, re-determination or further re-determination under subsection (2) shall, in accordance with that decision, Clause 121: (1) Existing text of subsection 60(1): 60 (1) A person to whom notice is given under subsection 59(2) in respect of goods may, within ninety days after the notice is given, request a re-determination or further re-determination of origin, tariff classification, value for duty or marking. The request may be made only after all amounts owing as duties and interest in respect of the goods are paid or security satisfactory to the Minister is given in respect of the total amount owing. (2) Relevant portion of subsection 60(4): (4) On receipt of a request under this section, the President shall, without delay, .‍.‍.  (c) re-determine or further re-determine the marking determination. Clause 122: Relevant portion of subsection 61(1): 61 (1) The President may .‍.‍.   (b) re-determine or further re-determine the marking determination of imported goods (i) within four years after the date the determination was made under section 57.‍01, if the Minister considers it advisable to make the re-determination, (ii) at any time, if the person who is given notice of a marking determination under section 57.‍01 or of a re-determination under paragraph 59(1)‍(a) fails to comply with any provision of this Act or the regulations or commits an offence under this Act in respect of the goods, (iii) at any time, if the re-determination or further re-determination would give effect to a decision made in respect of the goods by the Canadian International Trade Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, and (iv) at any time after a re-determination is made under paragraph 60(4)‍(c), but before an appeal is heard under section 67, on the recommendation of the Attorney General of Canada; and Clause 123: Existing text of subsection 65.‍1(3): (3) This section does not apply to a marking determination. Clause 124: Relevant portion of subsection 74(1): 74 (1) Subject to this section, section 75 and any regulations made under section 81, a person who paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part of those duties, and the Minister may grant to that person a refund of all or part of those duties, if .‍.‍.   (c.‍1) the goods were exported from a NAFTA country or from Chile but no claim for preferential tariff treatment under NAFTA or no claim for preferential tariff treatment under CCFTA, as the case may be, was made in respect of those goods at the time they were accounted for under subsection 32(1), (3) or (5); Clause 125: (1) Existing text of subsection 97.‍1(1): 97.‍1 (1) Every exporter of goods to a free trade partner for which preferential tariff treatment under a free trade agreement will be claimed in accordance with the laws of that free trade partner shall certify in writing in the prescribed form and containing the prescribed information that goods exported or to be exported from Canada to that free trade partner meet the rules of origin set out in, or contemplated by, the applicable free trade agreement and, if the exporter is not the producer of the goods, the certificate shall be completed and signed by the exporter on the basis of the prescribed criteria. (2) Relevant portion of subsection 97.‍1(1.‍1): (1.‍1) If an exporter or producer of goods for which preferential tariff treatment under the CPTPP will be claimed in accordance with the laws of a CPTPP country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP, the exporter or producer shall do so in writing, in the prescribed form and containing the prescribed information, and (3) Existing text of subsection 97.‍1(2): (2) Every exporter or producer of goods who, for the purpose of enabling any person to comply with the applicable laws relating to customs of a free trade partner, completes and signs a certificate in accordance with subsection (1) or (1.‍1) shall, at the request of an officer, provide the officer with a copy of the certificate. (4) Existing text of subsection 97.‍1(3): (3) A person who has completed and signed a certificate in accordance with subsection (1) or (1.‍1) and who has reason to believe that it contains incorrect information shall immediately notify each person and CPTPP country to whom the certificate was given of the correct information. Commercial Arbitration Act Clause 136: (1) Relevant portion of subsection 5(4): (4) For greater certainty, the expression commercial arbitration in Article 1(1) of the Code includes (a) a claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act; (2) New. Canadian International Trade Tribunal Act Clause 137: (1) Existing text of the definition: textile and apparel goods means the textile and apparel goods set out in Appendix 1.‍1 of Annex 300-B of the Agreement, in Appendix 1.‍1 of Annex C-00-B of the CCFTA, in Appendix III.‍1.‍1.‍1 of Annex III.‍1 of the CCRFTA, in section 1 of Annex 3.‍1 of the CHFTA or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements) (2) Existing text of subsection 2(2): (2) In this Act, the words Agreement and NAFTA country have the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act. (3) and (4) Relevant portion of subsection 2(5): (5) For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff: a NAFTA country Clause 138: Existing text of section 2.‍1: 2.‍1 The operation of the provisions referred to in column II of this section is suspended during the period in which the provisions referred to in column I opposite those provisions are in force: Column I Column II Provisions in force Provisions suspended section 19.‍01 section 19.‍1 section 20.‍01 section 20.‍1 section 20.‍2 section 21 section 21.‍1 section 22 subsections 23(1.‍01) to (1.‍03) subsection 23(1.‍1) subparagraphs 26(1)‍(a)‍(i.‍1) to (i.‍3) subparagraph 26(1)‍(a)‍(ii) paragraphs 27(1)‍(a.‍1) to (a.‍3) paragraph 27(1)‍(b) Clause 139: Existing text of section 19.‍01: 19.‍01 (1) In this section and sections 20 and 20.‍01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat. (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause 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. (3) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, 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. Clause 140: Existing text of sections 20 and 20.‍01: 20 The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or (b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada that the Governor in Council refers to the Tribunal for inquiry. 20.‍01 (1) In this section, contribute importantly has the meaning given those words by Article 805 of the Agreement. (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a NAFTA country 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 thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to the serious injury or threat thereof. (2.‍1) In an inquiry under section 30.‍07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA country (a) whether the quantity of the goods imported from the NAFTA country accounts for a substantial share of total imports of goods of the same kind; and (b) whether the goods imported from the NAFTA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods. (3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement. Clause 141: (1) Existing text of subsection 20.‍2(1): 20.‍2 (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.‍01 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be. (2) Existing text of subsections 20.‍2(3) and (4): (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.‍01 or 20 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted. (4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.‍01 or 20 to be published in the Canada Gazette. Clause 142: Existing text of subsections 23(1.‍01) to (1.‍03): (1.‍01) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods. (1.‍02) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods. (1.‍03) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that have been integrated into the General Agreement on Tariffs and Trade on the basis of a commitment made by Canada under any successor agreement to the Multifibre Arrangement, under subsection 45(13) of the Customs Tariff, to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to that Act, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods. Clause 143: Relevant portion of subsection 25(2): (2) Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwith .‍.‍.   (c) in the case of a complaint filed under subsection 23(1.‍03), (1.‍06), (1.‍08), (1.‍083), (1.‍09), (1.‍091), (1.‍092) or (1.‍096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination. Clause 144: (1) Relevant portion of subsection 26(1): 26 (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfied (a) that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that .‍.‍.   (i.‍1) in the case of a complaint filed under subsection 23(1.‍01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods, (i.‍2) in the case of a complaint filed under subsection 23(1.‍02), the goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, (i.‍3) in the case of a complaint filed under subsection 23(1.‍03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, (2) Existing text of subsection 26(2.‍1): (2.‍1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.‍03), (1.‍06) or (1.‍08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2). Clause 145: (1) Relevant portion of subsection 27(1): 27 (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a), .‍.‍.   (a.‍1) in the case of a complaint filed under subsection 23(1.‍01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods; (a.‍2) in the case of a complaint filed under subsection 23(1.‍02), the goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods; (a.‍3) in the case of a complaint filed under subsection 23(1.‍03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods; (2) Existing text of subsection 27(2.‍1): (2.‍1) In making a determination under paragraph (1)‍(a.‍3), regard shall be had to paragraph 2 of section 4 of Annex 300-B of Chapter Three of the Agreement. Clause 146: (1) Existing text of subsection 30.‍01(1): 30.‍01 (1) In this section, surge has the meaning given that word by Article 805 of the Agreement. (2) Relevant portion of subsection 30.‍01(2): (2) A written complaint may be filed with the Tribunal where .‍.‍.   (b) the surtax or inclusion does not apply to or include goods imported from a NAFTA country on the basis of a determination made under subsection 20.‍01(2) or (2.‍1) of this Act. (3) Existing text of subsection 30.‍01(2.‍1): (2.‍1) The complaint must allege that a surge of imports of goods imported from a NAFTA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List. Clause 147: Existing text of section 44.‍1: 44.‍1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies. (2) For the purposes of subsection (1), government has the meaning assigned to the expression government of a NAFTA country by subsection 2(1) of the Special Import Measures Act. Broadcasting Act Clause 151: Existing text of section 27: 27 (1) The Governor in Council may, either on the recommendation of the Minister made at the request of the Commission or on the Governor in Council’s own motion, issue directions of general application respecting the manner in which the Commission shall apply or interpret paragraph 3 of Article 2006 of the Agreement. (2) A direction issued under subsection (1) is binding on the Commission from the time it comes into force and, unless otherwise provided therein, applies in respect of matters pending before the Commission at that time. (3) The Commission may, in order to request the issuance of a direction under subsection (1), suspend the determination of any matter of which it is seised. (4) In this section, Agreement has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act. Trust and Loan Companies Act Clause 152: New. Clause 153: New. Clause 154: Existing text of subsection 250(2): (2) A company shall without delay comply with any direction issued under subsection (1). Clause 155: Existing text of section 252: 252 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company and the length of time those records, papers and documents are to be retained. Clause 156: New. Bank Act Clause 157: New. Clause 158: New. Clause 159: New. Clause 160: Existing text of subsection 245(2): (2) A bank shall without delay comply with any direction issued under subsection (1). Clause 161: Existing text of section 247: 247 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank and the length of time those records, papers and documents are to be retained. Clause 162: New. Clause 163: New. Clause 164: Existing text of section 598: 598 Sections 244 to 247 apply, with any modifications that the circumstances require, to an authorized foreign bank as if (a) the reference in subsection 245(1) to “records referred to in section 238” were a reference to “records referred to in subsection 597(1)”; and (b) the reference in paragraph 246(1)‍(a) to “records of the bank referred to in subsection 238(1)” were a reference to “records of the authorized foreign bank referred to in subsection 597(1)”. Clause 165: New. Clause 166: Existing text of subsection 822(2): (2) A bank holding company shall without delay comply with any direction issued under subsection (1). Clause 167: Existing text of section 824: 824 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a bank holding company and the length of time those records, papers and documents are to be retained. Clause 168: New. Insurance Companies Act Clause 170: New. Clause 171: New. Clause 172: Existing text of subsection 268(2): (2) A company shall without delay comply with any direction issued under subsection (1). Clause 173: Existing text of section 270: 270 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company and the length of time those records, papers and documents are to be retained. Clause 174: New. Clause 175: New. Clause 176: New. Clause 177: Existing text of subsection 656(2): (2) Subsections 15(1) and (2) and sections 254 to 256 and 268 apply, with such modifications as the circumstances require, to every provincial company for which an order for the commencement and carrying on of business under this Part has been made to the same extent that they are applicable to, or in respect of, a company, but to the extent to which any provision referred to in this section would effect an enlargement, in any respect, of the corporate powers or rights of any provincial company under its incorporating instrument, that provision does not apply to the provincial company. Clause 178: New. Clause 179: Existing text of subsection 876(2): (2) An insurance holding company shall without delay comply with any direction issued under subsection (1). Clause 180: Existing text of section 878: 878 The Governor in Council may make regulations respecting the records, papers and documents to be retained by an insurance holding company and the length of time those records, papers and documents are to be retained. Clause 181: Relevant portion of section 879: 879 Sections 271 to 277 apply in respect of insurance holding companies, subject to the following: .‍.‍. Customs Tariff Clause 182: (1) and (2) Existing text of the definitions: Canada–United States Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the Canada–United States Free Trade Agreement Implementation Act.‍ (Accord de libre-échange Canada — États-Unis) Mexico means (a) the states of the Federation and the Federal District; (b) the islands, including the reefs and keys, in adjacent seas; (c) the islands of Guadalupe and Revillagigedo situated in the Pacific Ocean; (d) the continental shelf and the submarine shelf of such islands, keys and reefs; (e) the waters of the territorial sea, in accordance with international law, and its interior maritime waters; (f) the space located above the national territory, in accordance with international law; and (g) any areas beyond the territorial seas of Mexico within which, in accordance with international law, including the United Nations Convention on the Law of the Sea, and its domestic law, Mexico may exercise rights in respect of the seabed and subsoil and the natural resources thereof.‍ (Mexique) NAFTA country means a party to the North American Free Trade Agreement.‍ (pays ALÉNA) North American Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the North American Free Trade Agreement Implementation Act.‍ (Accord de libre-échange nord-américain) (3) Relevant portion of the definition: free trade partner means (a) a NAFTA country; (4) New. Clause 183: (1) Relevant portion of section 5: 5 For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country: a NAFTA country (2) New. Clause 184: Relevant portion of subsection 14(2): (2) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to reduce a rate of customs duty on goods imported from a country, and to make consequential amendments, .‍.‍.   (c) by way of compensation for any action taken under any of the following provisions: .‍.‍.   (iv) subsection 69(2), (v) subsection 70(2), Clause 185: Relevant portion of subsection 16(4): (4) The Governor in Council may, on the recommendation of the Minister, make regulations for the uniform interpretation, application and administration of (a) Chapters Three and Four of the North American Free Trade Agreement and any other matters agreed on from time to time by the parties to that Agreement for the purposes of that Agreement; Clause 186: Relevant portion of subsection 24(1): 24 (1) Unless otherwise provided in an order made under subsection (2) or otherwise specified in a tariff item, goods are entitled to a tariff treatment, other than the General Tariff, under this Act only if .‍.‍.   (b) the goods are entitled to that tariff treatment in accordance with regulations made under section 16 or an order made under any of the following provisions: .‍.‍.   (v) subsection 45(13), Clause 187: (1) Relevant portion of section 27: 27 The following abbreviations, as defined below, apply in the schedule. .‍.‍.   MT refers to the Mexico Tariff.‍ (TM) MUST refers to the Mexico–United States Tariff.‍ (TMÉU) (2) New. Clause 188: Existing text of the heading: United States Tariff, Mexico Tariff and Mexico–United States Tariff Clause 189: Existing text of subsections 45(3) to (13): (3) Subject to section 24, goods that are entitled to the Mexico Tariff are entitled to the Mexico Tariff rates of customs duty. (4) Subject to section 24, goods that are entitled to the Mexico–United States Tariff are entitled to the Mexico–United States Tariff rates of customs duty. (5) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” or “MUST” in relation to goods entitled to the Mexico Tariff or the Mexico–United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the final rate of “Free”. (6) If “A1” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” in relation to goods of heading No. 17.‍01 or tariff item No. 1806.‍10.‍10 that are entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the final rate. (7) If “B1” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” in relation to goods of heading No. 17.‍02 or tariff item No. 2106.‍90.‍21 that are entitled to the Mexico Tariff, the Mexico Tariff rate of customs duty that applies to those goods is the initial rate, reduced (a) effective on January 1, 1999, by one half of the difference between the initial rate and the final rate; and (b) effective on January 1, 2000, to the final rate. (8) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” or “MUST” in relation to goods entitled to the Mexico Tariff or the Mexico–United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the initial rate, reduced as provided in the “F” Staging List to the final rate. (9) If “G”, “H” or “I” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “MT” or “MUST” in relation to goods entitled to the Mexico Tariff or the Mexico–United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the initial rate, reduced (a) if “G” is set out, effective on January 1, 1999, to the final rate of “Free”; (b) if “H” is set out, (i) effective on January 1, 1999, to four fifths of the initial rate, (ii) effective on January 1, 2000, to three fifths of the initial rate, and (iii) effective on January 1, 2001, to the final rate of “Free”; and (c) if “I” is set out, (i) effective on January 1, 1999, to four fifths of the initial rate, (ii) effective on January 1, 2000, to three fifths of the initial rate, (iii) effective on January 1, 2001, to two fifths of the initial rate, (iv) effective on January 1, 2002, to one fifth of the initial rate, and (v) effective on January 1, 2003, to the final rate of “Free”. (10) If a reduction under subsection (8) or (9) in respect of goods other than motor vehicles of heading No. 87.‍01, 87.‍02, 87.‍03, 87.‍04 or 87.‍05 results in a rate of customs duty that includes a fraction of one per cent other than 0.‍5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.‍5. (11) If a reduction under subsection (8) or (9) in respect of goods other than motor vehicles of heading No. 87.‍01, 87.‍02, 87.‍03, 87.‍04 or 87.‍05 results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately. (12) If a reduction under subsection (7), (8) or (9) results in a specific rate of customs duty that includes a fraction of one-tenth of a cent, the rate shall be rounded down to the nearest one-tenth of a cent. (13) Notwithstanding any other provision of this Act, for the purpose of giving effect to Appendix 6 of Annex 300-B of Chapter Three of the North American Free Trade Agreement, the Minister may, by order, amend the schedule to extend entitlement to the United States Tariff or the Mexico Tariff to any imported goods under such conditions as may be specified in the order. Clause 190: (1) Existing text of the definition contribute importantly in section 54: contribute importantly, in respect of goods imported from one of the following countries, means to be an important cause, but not necessarily the most important cause: a NAFTA country (2) New. (3) Relevant portion of the definition: surge, in respect of goods imported from (a) a NAFTA country, has the meaning given that word by Article 805 of the North American Free Trade Agreement; or Clause 191: (1) Relevant portion of subsection 59(1): 59 (1) An order under subsection 55(1) may be made applicable to goods of any kind imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on the basis of a report under section 20 or 29 of the Canadian International Trade Tribunal Act or a report of the Minister, that .‍.‍.   (b) in the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and (2) Relevant portion of subsection 59(2): (2) If an order that applies to goods imported from a free trade partner by virtue of subsection (1) is made under subsection 55(1) on the basis of a report of the Minister, the order ceases to have effect with respect to those goods at the end of the two hundredth day after the day on which the order is made, except that it remains in effect for the period, not exceeding four years, that is specified in the order if, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council under the Canadian International Trade Tribunal Act that .‍.‍.   (b) in the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and (3) Relevant portion of subsection 59(3): (3) If an order that applies to goods imported from a free trade partner in accordance with subsection (1) is made under subsection 55(1) on the basis of a report of the Minister, the Governor in Council shall repeal the order if the Governor in Council is satisfied on the basis of a report of the Canadian International Trade Tribunal, made under the Canadian International Trade Tribunal Act, that the quantity of those goods is not substantial in comparison with the quantity of goods of the same kind imported from other countries or (a) in the case of goods imported from a NAFTA country, that the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and Clause 192: Existing text of subsection 61(2): (2) If the Governor in Council makes an order under subsection 55(1) or 63(1) that applies to goods imported from a free trade partner that meet the conditions set out in subsection 59(1) or 63(4) or makes an order under section 60, the Governor in Council shall be guided by subparagraph 5(b) of Article 802 of the North American Free Trade Agreement, subparagraph 5(b) of Article F-02 of the Canada–Chile Free Trade Agreement or subparagraph 5(b) of Article 4.‍6 of the Canada–Israel Free Trade Agreement, as the case may be. Clause 193: Relevant portion of subsection 63(4): (4) An order made under subsection (1) may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on the basis of a report made under the Canadian International Trade Tribunal Act, that .‍.‍.   (b) in the case of goods imported from a NAFTA country, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and Clause 194: Existing text of the heading and sections 69 and 70: Bilateral Emergency Measures for U.‍S. Goods 69 (1) This section does not apply in respect of textile and apparel goods set out in Appendix 1.‍1 of Annex 300-B of Chapter Three of the North American Free Trade Agreement. (2) Subject to subsection (3), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 19.‍01 or subsection 19.‍1(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under section 23 of that Act, that goods that are entitled to the United States Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order, (a) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before January 1, 1989; and (b) in respect of any other goods, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the lesser of (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on December 31, 1988, and (ii) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made. (3) An order made under subsection (2) (a) may not be made more than once during the period beginning on January 1, 1988 and ending on December 31, 1998 in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and (b) may be made after December 31, 1998 only if it is based on an agreement between the Government of Canada and the Government of the United States relating to the application of subsection (2). (4) In this section, principal cause means, in respect of a serious injury, an important cause that is not less important than any other cause of the serious injury. (5) For the purposes of paragraph (2)‍(a), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is (a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and (b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 3(b) in Chapter 8 of the List of Tariff Provisions. Bilateral Emergency Measures for Mexican and MUST Goods 70 (1) This section does not apply in respect of textile and apparel goods set out in Appendix 1.‍1 of Annex 300-B of Chapter Three of the North American Free Trade Agreement. (2) Subject to subsection (3), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.‍01(3) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.‍02) of that Act, that goods that are entitled to the Mexico Tariff or the Mexico–United States Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order, (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty in respect of those goods that would otherwise be made after that time by virtue of section 45; (b) in respect of goods on which a customs duty is imposed on a seasonal basis, make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty set out in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before January 1, 1994; and (c) in respect of goods other than goods referred to in paragraph (b), make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the List of Tariff Provisions that is in effect in respect of those goods at that time, may not exceed the lesser of (i) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods on December 31, 1993, and (ii) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made. (3) An order under subsection (2) (a) may not be made more than once during the period beginning on January 1, 1994 and ending on December 31, 2003 in respect of goods of a particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and (b) may be made after December 31, 2003 only if it is based on an agreement between the Government of Canada and the Government of Mexico relating to the application of subsection (2). (4) If an order made under subsection (2) ceases to have effect in a particular calendar year, (a) the rate of customs duty applicable to the goods after the order ceases to have effect and until December 31 of that year is the rate that would have been applicable one year after the making of the order, as reduced in accordance with section 45; and (b) the rate of customs duty applicable to the goods beginning on January 1 of the following year is the rate specified by the Minister under subsection (5). (5) For the purposes of subsection (4), the Minister shall, by order, specify that the rate referred to in paragraph (4)‍(b) is (a) the rate of customs duty that would have been applicable on January 1 of the year following the year in which the order ceases to have effect, if the rate of customs duty had been reduced in accordance with section 45, reduced for subsequent years in accordance with that section; or (b) the rate of customs duty that would have been applicable one year after the making of the order, reduced in equal annual stages beginning on January 1 of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the goods would otherwise be reduced to the final rate in accordance with section 45. (6) In this section, principal cause means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat. (7) For the purposes of paragraph (2)‍(b), the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of a fresh fruit or vegetable is (a) in respect of a fresh vegetable, the rate of customs duty applicable to that vegetable set out in the applicable tariff item referred to in Supplementary Note 2(b) in Chapter 7 of the List of Tariff Provisions; and (b) in respect of a fresh fruit, the rate of customs duty applicable to that fruit set out in the applicable tariff item referred to in Supplementary Note 3(b) in Chapter 8 of the List of Tariff Provisions. Clause 195: Relevant portion of section 79: 79 An order made under any of the following provisions may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time: .‍.‍.   (e) subsection 69(2); (f) subsection 70(2); Clause 196: (1) Relevant portion of subsection 95(1): 95 (1) If relief is granted under section 89 or 92 in respect of goods that are subsequently exported to a NAFTA country on or after the effective date determined under subsection (3), (2) Existing text of subsections 95(3) to (5): (3) For the purposes of subsection (1), the effective date for the exportation of goods to a NAFTA country is (a) in respect of exports to the United States or Mexico of goods referred to in paragraph 8 of Article 303 of the North American Free Trade Agreement, January 1, 1994; (b) in respect of other exports to the United States, January 1, 1996; (c) in respect of other exports to Mexico, January 1, 2001; and (d) in respect of exports to any other NAFTA country, the date fixed by order of the Governor in Council on the recommendation of the Minister. (4) The amount of the customs duties levied under subsection (1) in respect of goods other than goods referred to in paragraph 8 of Article 303 of the North American Free Trade Agreement shall be reduced in accordance with subsection (5) if, within 60 days after the goods are exported, evidence satisfactory to the Minister of Public Safety and Emergency Preparedness is submitted to that Minister that customs duties in respect of the exportation of the goods have been paid to the government of a NAFTA country other than Canada. (5) Subject to subsection (4), the amount of customs duties levied under subsection (1) shall be reduced by the amount of customs duties paid to the government of the NAFTA country or, if that amount is equal to or greater than the amount of the customs duties levied, the amount levied shall be reduced to zero. (3) to (6) Relevant portion of subsection 95(6): (6) Subsection (1) and sections 96 to 98 do not apply in respect of (a) imported goods that originate in a NAFTA country that are (i) subsequently exported to a NAFTA country, (ii) used as materials in the production of goods that are subsequently exported to a NAFTA country, or (iii) substituted by identical or similar goods used as materials in the production of other goods that are subsequently exported to a NAFTA country; .‍.‍.   (d) imported goods used as materials in the production of, or for which identical or similar goods are substituted and used as materials in the production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading No. 5811.‍00 and furniture moving pads provided for under subheading No. 6307.‍90, that are exported to the United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country; .‍.‍.   (f) imported goods referred to in subsection 89(1) that are deemed to have been exported by reason of their having been .‍.‍.   (iv) used or destined for use, in such other manner as may be prescribed, solely and exclusively in conjunction with a project undertaken jointly by the Government of Canada and the government of a NAFTA country, or with a project in Canada undertaken by the government of the NAFTA country and destined to become the property of the government of the NAFTA country; and .‍.‍.   (g) such other imported goods or any imported goods used as materials, or any class of such goods, as may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the government of a NAFTA country relating to the application of this subsection. (7) Existing text of subsection 95(7): (7) In this section, identical or similar goods and used have the meanings assigned to those expressions by paragraph 9 of Article 303 of the North American Free Trade Agreement. Clause 197: Existing text of sections 96 and 97: 96 (1) Subject to subsection 95(6), a drawback, granted under section 113, of customs duties paid in respect of imported goods that are or were exported to the United States on or after January 1, 1996, that are exported to Mexico on or after January 1, 2001, or that are exported to any other NAFTA country on or after a date fixed by order of the Governor in Council, may not exceed the lesser of (a) the amount of customs duties paid or owed in respect of the imported goods at the time of importation, and (b) the amount of customs duties paid to the NAFTA country to which the imported goods were subsequently exported. (2) No drawback of customs duties paid in respect of goods referred to in paragraph 8 of Article 303 of the North American Free Trade Agreement may be granted under section 113. 97 Subject to subsection 95(6), relief may not be granted under section 89 or 92 and a drawback may not be granted under section 113 of duties paid under the Special Import Measures Act on imported goods that are or were exported to the United States on or after January 1, 1996, that are exported to Mexico on or after January 1, 2001 or that are exported to any other NAFTA country on or after a date fixed by order of the Governor in Council. Clause 198: Relevant portion of subsection 98(1): 98 (1) Subject to subsection 95(6), if relief or a drawback of duties levied under the Special Import Measures Act has been granted in respect of imported goods and the goods are or were exported to the United States on or after January 1, 1996, to Mexico on or after January 1, 2001 or to any other NAFTA country on or after a date fixed by order of the Governor in Council and, at the time the goods are exported, the relief or drawback could not be granted because of section 97, Clause 199: New. Clause 200: (1) to (4) Relevant portion of section 133: 133 The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations .‍.‍.   (j) for the purpose of tariff item No. 9971.‍00.‍00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported: a NAFTA country .‍.‍.   (j.‍1) for the purpose of tariff item No. 9992.‍00.‍00, prescribing conditions under which goods that have been exported to one of the following countries for repair or alteration may be imported: a NAFTA country Pest Control Products Act Clause 204: Existing text of subsections 67(3) and (4): (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council deems necessary for the purpose of implementing, in relation to pest control products, Article 1711 of the North American Free Trade Agreement or Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. (4) The definitions in this subsection apply in subsection (3). North American Free Trade Agreement has the same meaning as Agreement in subsection 2(1) of the North American Free Trade Agreement Implementation Act.‍ (Accord de libre-échange nord-américain) WTO Agreement has the same meaning as Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.‍ (Accord sur l’OMC) Publication Explorer Publication Explorer ParlVU