Canada-Israel Free Trade Agreement Implementation Act

Contents

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1Short title#

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

2Definitions#

(1)The definitions in this subsection apply in this Act.

Agreement means the Free Trade Agreement entered into between the Government of Canada and the Government of the State of Israel and signed on July 31, 1996, as amended by the Canada – Israel Free Trade Amending Protocol 2018 signed on May 28, 2018. (Accord)

Commission means the Joint Commission established under paragraph 1 of Article 18.1 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, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated under section 9 as the Minister for the purposes of that provision. (ministre)

(2)The Agreement shall be published in the Canada Treaty Series.

3Interpretation consistent with Agreement#

For greater certainty, this Act, any provision of an Act enacted or amended by Part II and any other federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement shall be interpreted in a manner consistent with the Agreement.

Purpose

4Purpose#

The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

(a)strengthen the bilateral commercial relationship between Canada and the State of Israel;

(b)improve access to the Israeli market for Canadian businesses by reducing and eliminating tariffs, addressing non-tariff barriers, enhancing cooperation and increasing transparency in regulatory matters;

(c)ensure a high level of environmental protection through comprehensive and legally-binding commitments;

(d)build on the respective international commitments of Canada and the State of Israel on labour matters; and

(e)promote gender equality and encourage women’s economic empowerment and the use of voluntary corporate social responsibility standards and principles, as well as promote access for small and medium-sized enterprises to the opportunities created by the Agreement.

^note

Her Majesty

5Binding on Her Majesty#

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

General

6Causes of action under Part I#

(1)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 an order or regulation made under Part I.

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

7Non-application of Agreement to water#

For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.^note

Part I · Implementation of Agreement Generally

Approval of Agreement

8Agreement approved#

The Agreement is hereby approved.

Designation of Minister

9Order 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.

Administrative and Institutional Provisions

10Appointment of representative on the Commission#

The Minister for International Trade is the principal representative of Canada on the Commission.

11Payment of expenditures#

The Government of Canada shall pay its appropriate share of any expenditures incurred by or on behalf of the Commission.

Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies

12Powers of Minister for International Trade#

(1)The Minister for International Trade may

(a)appoint representatives of Canada to any committee, subcommittee, working group or other body referred to in paragraph 6 of Article 18.1 of the Agreement;

(b)appoint a panellist in accordance with paragraph 2 of Article 19.7 of the Agreement; and

(c)propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 19.7.

(2)The Minister of Labour may

(a)appoint representatives of Canada to any committee, working group or expert group referred to in sub-paragraph 4(a) of Article 12.7 of the Agreement;

(b)appoint a panellist in accordance with paragraph 4 of Annex 12.13.3 of the Agreement; and

(c)propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraphs 4 and 5 of that Annex.

^note

13Administrative support#

The Minister for International Trade is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 18 of the Agreement and to provide administrative assistance to panels established under Chapter 19 of the Agreement.^note

14Payment of costs#

The Government of Canada is to pay the costs of or its appropriate share of the costs of

(a)the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and

(b)the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.

Orders

15Orders — Article 19.13 of Agreement#

(1)The Governor in Council may, for the purpose of suspending benefits in accordance with Article 19.13 of the Agreement, by order, do any of the following:

(a)suspend rights or privileges granted by Canada to the State of Israel or to goods of Israel under the Agreement or any federal law;

(b)modify or suspend the application of any federal law, with respect to the State of Israel or to goods of Israel;

(c)extend the application of any federal law to the State of Israel or to goods of Israel;

(d)take any other measure that the Governor in Council considers necessary.

(2)Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

^note

Part II · Consequential Amendments

16 to 61 #

[Amendments]

Part III · Coming into Force

*62Coming into force#

(1)Subject to this Act, this Act or any of its provisions, or any provision of an Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.

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

Tariff Item | Description of Goods | Most-Favoured-Nation Tariff | MFN Staging Category | General Preferential Tariff | United States Tariff | Mexico Tariff | Mexico-United States Tariff | NAFTA Staging Category | ---Roses: | | | | | | | 0603.10.21 | ----Roses where the aggregate quantity imported during any year commencing on January 1 has not exceeded the quantity specified in an order made pursuant to section 58.3 | N/ACIFTAFree | N/A | N/A | N/A | N/A | N/A | N/A0603.10.29 | ----Other | | G | X | | N/A | N/A | N/ABase Rate | 12.5% BPTFree | | | 6.2% | | | | | | | | | | Final Rate | 10.6% | | | | | | 0712.90.40 | ---Garlic | | G | X | | | N/A | BBase Rate | 10% | | | 5% | 5% | | Final Rate | 6.4% | | | | | | 0902.10 | -Green tea (not fermented) in immediate packings of a content not exceeding 3 kg | | | | | | | 0902.10.10 | ---In bags for individual servings | Free | K | Free | Free | Free | N/A | D0902.10.90 | ---Other | Free | K | Free | Free | Free | N/A | D0902.30 | -Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg | | | | | | | 0902.30.10 | ---In bags for individual servings | Free | K | Free | Free | Free | N/A | D0902.30.90 | ---Other | Free | K | Free | Free | Free | N/A | D1211.10 | -Liquorice roots | | | | | | | 1211.10.10 | ---Tea in bags for individual servings | Free | K | Free | Free | Free | N/A | D1211.10.90 | ---Other | Free | K | Free | Free | Free | N/A | D1211.20 | -Ginseng roots | | | | | | | 1211.20.10 | ---Tea in bags for individual servings | Free | K | Free | Free | Free | N/A | D1211.20.90 | ---Other | Free | K | Free | Free | Free | N/A | D1211.90 | -Other | | | | | | | 1211.90.10 | ---Tea in bags for individual servings | Free | K | Free | Free | Free | N/A | D1211.90.90 | ---Other | Free | K | Free | Free | Free | N/A | D1604.20.20 | ---Gefilte fish | | F | 7% | | | | BBase Rate | 11% CIFTA Free | | | 5.5% | 7% | 7% | Final Rate | 7.2% | | | | | | | ---Food preparations of goods of heading Nos. 04.01 to 04.04 containing 50% or more on a dry weight basis of milk solids: | | | | | | | 1901.90.51 | ----Ice cream mixes or icemilk mixes, within access commitment | | G | 5% | | N/A | N/A | N/ABase Rate | 15.5% | | | 7.7% | | | Final Rate | 6.7% | | | | | | 1901.90.52 | ----Ice cream mixes or icemilk mixes, over access commitment | | G | X | N/A | N/A | N/A | N/ABase Rate | 315.1% but not less than $1.36/kg | | | | | | Final Rate | 267.8% but not less than $1.16/kg | | | | | | 1901.90.53 | ----Other, not in retail packaging, within access commitment | | G | 5% | | N/A | N/A | N/ABase Rate | 15.5% | | | 7.7% | | | Final Rate | 6.7% | | | | | | 1901.90.54 | ----Other, not in retail packaging, over access commitment | | G | X | N/A | N/A | N/A | N/ABase Rate | 295.2% but not less than $3.42/kg | | | | | | Final Rate | 250.9% but not less than $2.91/kg | | | | | | 1901.90.59 | ----Other | | G | 5% | | | N/A | CBase Rate | 15.5% | | | 7.7% | 7.5% | | Final Rate | 9.9% | | | | | | 2005.90.92 | ----Carrots | | G | X | | | N/A | BBase Rate | 12.5% | | | 6.2% | 6.2% | | Final Rate | 8% | | | | | | 2008.40.20 | ---Chips | | G | X | | | N/A | BBase Rate | 15% CIFTA Free | | | 7.5% | 7.5% | | Final Rate | 9.6% | | | | | | 2008.99.12 | ----Chips | | G | X | | | N/A | BBase Rate | 5% CIFTA Free | | | 2.5% | 2.5% | | Final Rate | 4.3% | | | | | | | ---Of nylon: | | | | | | | 5402.41.11 | ----Partially oriented | | J | 5% | | Free | N/A | ABase Rate | 10% | | | 5% and 5.5¢/kg | | | On and after January 1, 2000 | 9.8% | | | | | | On and after January 1, 2001 | 9.4% | | | | | | On and after January 1, 2002 | 8.9% | | | | | | On and after January 1, 2003 | 8.5% | | | | | | On and after January 1, 2004 | 8% | | | | | | 5402.41.19 | ----Other | | J | 5% | | Free | N/A | ABase Rate | 10% | | | 5% and 5.5¢/kg | | | On and after January 1, 2000 | 9.8% | | | | | | On and after January 1, 2001 | 9.4% | | | | | | On and after January 1, 2002 | 8.9% | | | | | | On and after January 1, 2003 | 8.5% | | | | | | On and after January 1, 2004 | 8% | | | | | | | ---Other: | | | | | | | 5402.41.91 | ----Partially oriented | | J | 5% | | | N/A | B+Base Rate | 10% | | | 5% and 5.5¢/kg | 6.5% and 8.52¢/kg | | On and after January 1, 2000 | 9.8% | | | | | | On and after January 1, 2001 | 9.4% | | | | | | On and after January 1, 2002 | 8.9% | | | | | | On and after January 1, 2003 | 8.5% | | | | | | On and after January 1, 2004 | 8% | | | | | | 5402.41.99 | ----Other | | J | 5% | | | N/A | B+Base Rate | 10% | | | 5% and 5.5¢/kg | 6.5% and 8.52¢/kg | | On and after January 1, 2000 | 9.8% | | | | | | On and after January 1, 2001 | 9.4% | | | | | | On and after January 1, 2002 | 8.9% | | | | | | On and after January 1, 2003 | 8.5% | | | | | | On and after January 1, 2004 | 8% | | | | | | | ---Other parts of the goods of heading No. 85.25 or 85.27 (excluding parts of cellular telephones): | | | | | | | 8529.90.61 | ----Incorporating printed circuit assemblies, of goods of subheading No. 8525.10 or 8525.20 | | M | Free | Free | Free | Free | AInitial Rate | 4% BPT Free | | | | | | Final Rate | Free | | | | | | 8529.90.69 | ----Other | BPT | M | Free | Free | Free | Free | AInitial Rate | 4%BPT Free | | | | | | Final Rate | Free | | | | | | 9827.00.00 | Goods, regardless of country of origin or tariff treatment entitlement, other than goods of tariff item No. 9820.00.00, returned to Canada after having been exported to Israel or a CIFTA beneficiary for repair or alteration | N/A CIFTA Free | N/A | N/A | N/A | N/A | N/A | N/A9828.00.00 | Kosher goods of heading No. 22.04 or 22.05 that originate in Israel or a CIFTA beneficiary | N/A CIFTA Free | N/A | N/A | N/A | N/A | N/A | N/A

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