Canada-United States Free Trade Agreement Implementation Act

Contents

WHEREAS the Government of Canada has entered into a Free Trade Agreement with the Government of the United States of America in orderto strengthen the unique and enduring friendship between the two countries and their peoples as befitting great trading partners,to strengthen Canada’s national identity while at the same time protecting vital national characteristics and qualities,to promote productivity, employment, financial stability and the improvement of living standards,to establish a climate of greater predictability for Canadians to plan and invest with confidence and to compete more effectively in the United States and global markets,to build on Canada’s rights and obligations under the General Agreement on Tariffs and Trade and other multilateral and bilateral instruments of cooperation,to contribute to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation, andto establish effective binational procedures for the resolution of disputes in antidumping and countervailing duty cases involving the two countries and, generally, any dispute arising out of the Agreement;WHEREAS the Agreement applies generally throughout Canada;AND WHEREAS it is necessary, in order to give effect to the Agreement, to make related or consequential amendments to other Acts;NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1Short title#

This Act may be cited as the Canada-United States Free Trade Agreement Implementation Act.

Interpretation

2Definitions#

(1)In this Act,

Agreement means the Free Trade Agreement between Canada and the United States entered into between the Government of Canada and the Government of the United States and signed on January 2, 1988, the text of which is set out in Part A of the schedule and the Tariff Schedules of Canada and of the United States referred to in Annex 401.2 of that Agreement; (Accord)

Commission means the Canada-United States Trade Commission established pursuant to the Agreement; (Commission)

Minister, in respect of any provision of this Act, means the Minister designated in respect of that provision under section 10; (ministre)

prescribed means prescribed by regulation made by the Governor in Council; (Version anglaise seulement)

United States means

(a)the customs territory of the United States, including the fifty states of the United States, the District of Columbia and Puerto Rico,

(b)the foreign trade zones located in the United States and Puerto Rico, and

(c)any areas beyond the territorial sea of the United States within which, in accordance with international law and its domestic laws, the United States may exercise rights with respect to the seabed and subsoil and the natural resources thereof. (États-Unis)

(2)The Agreement, including the Tariff Schedules of Canada and of the United States referred to in Annex 401.2 of the Agreement, shall be published in the Canada Treaty Series.

General

3Purpose#

The purpose of this Act is to implement the Agreement, the objectives of which are to

(a)eliminate barriers to trade in goods and services between Canada and the United States;

(b)facilitate conditions of fair competition within the free-trade area established by the Agreement;

(c)liberalize significantly conditions for investment within that free-trade area;

(d)establish effective procedures for the joint administration of the Agreement and the resolution of disputes; and

(e)lay the foundation for further bilateral and multilateral cooperation to expand and enhance the benefits of the Agreement.

4Binding on Her Majesty#

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

5Prohibition of private cause of action#

No person has any cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of Part I, or any regulation made under Part I, or the Agreement.

6Implementation#

For greater certainty, nothing in this Act, by specific mention or omission, limits 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.

7Non-application of Agreement to water#

(1)For greater certainty, nothing in this Act or the Agreement, except Article 401 of the Agreement, applies to water.

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

Part I · Implementation of Agreement Generally

8Agreement approved#

The Agreement is hereby approved.

9Regulations#

(1)The Governor in Council may, where the Governor in Council is of the opinion that, for the purpose of giving effect in a province to Chapter Eight of the Agreement, regulations are necessary in relation to any matter dealt with by that Chapter, make regulations for that purpose including, without limiting the generality of the foregoing, regulations requiring or prohibiting the doing of anything in relation to which a regulation may be made under this subsection and prescribing penalties for the contravention of or non-compliance with any such regulation.

(2)A regulation made under subsection (1) shall not come into force in respect of any province where the Governor in Council is of the opinion that the province has, by or under provincial law, enacted provisions or is carrying on practices that are in conformity with that portion of Chapter Eight of the Agreement in respect of which the regulation is made.

(3)The Minister shall consult with the government of a province prior to the making of a regulation under subsection (1) in respect of that province.

(4)A regulation made under subsection (1) or any provision thereof shall cease to be in force, in respect of any province, on a day or days to be fixed, in respect of that province, by order of the Governor in Council.

(5)A regulation made under subsection (1) in respect of a province is binding on Her Majesty in right of that province.

10Order designating Minister#

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.

11Commissions and bodies#

(1)The Governor in Council may

(a)establish such committees, commissions, panels or other bodies as the Governor in Council deems necessary to exercise powers and perform duties and functions referred to in the Agreement on behalf of the Government of Canada and shall appoint members and fix the terms of reference of those committees, commissions, panels or bodies;

(b)authorize any committee, commission, panel or other body established under paragraph (a) to exercise such powers and perform such duties and functions referred to in the Agreement as are specified by the Governor in Council in the terms of reference of that committee, commission, panel or other body; and

(c)appoint members of any other committee, commission, panel or body that may be established under the Agreement.

(2)The members of any committee, commission, panel or other body appointed by the Governor in Council under subsection (1) may be paid such remuneration and expenses for their services as are fixed by the Governor in Council.

12Canada-United States Trade Commission#

(1)The Governor in Council may appoint a member of the Queen’s Privy Council for Canada to be the principal representative of, and such other persons as are selected by the Governor in Council to be the other members of, the Canadian section of the Commission established pursuant to Chapter Eighteen of the Agreement.

(2)The Government of Canada shall pay one half of the aggregate of any expenditures incurred by or on behalf of the Commission.

(3)The purposes specified in External Affairs Vote 1 set forth in the Main Estimates for the fiscal year ending the 31st day of March, 1989, as laid before the House of Commons during the second session of the thirty-third Parliament, are extended to include expenditures incurred by or on behalf of the Commission.

Part II · [Repealed, 1995, c. 29, s. 18]

Part III · Amendments to the Special Import Measures Act

23 to 45 #

[Amendments]

Part IV · Related and Consequential Amendments to Implement the Agreement

46 to 148 #

[Amendments]

Part V · Transitional and Coming into Force

Transitional

149 #

[Repealed, 2018, c. 27, s. 298] (repealed)

Coming into Force

*150Coming into force#

(1)Subject to this Act, this Act or any provision thereof or any provision of any Act as amended by this Act shall come into force on a day or days to be fixed by order of the Governor in Council.

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

Schedule *SCHEDULE — PART A

^note

Schedule — PARTS B AND C

[Amendments]

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.