Canadian Free Trade Agreement Implementation Act

Contents

Whereas the Government of Canada together with the Governments of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, Newfoundland and Labrador, Yukon, the Northwest Territories and Nunavut have entered into the Canadian Free Trade Agreement;And whereas the reduction or elimination of barriers to the free movement of persons, goods, services and investments is essential for the promotion of an open, efficient and stable domestic market to enhance the competitiveness of Canadian business and to promote sustainable and environmentally sound development;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 Canadian Free Trade Agreement Implementation Act.

Interpretation

2Definitions#

The following definitions apply in this Act.

Agreement means the Canadian Free Trade Agreement signed in 2017, as amended from time to time. (Accord)

Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister for the purposes of any provision of this Act under section 8. (ministre)

Purpose

3Purpose#

The purpose of this Act is to implement the Agreement.

Her Majesty

4Binding on Her Majesty#

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

General

5Prohibition of private cause of action — section 12 or 14#

(1)There is no 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 section 12 or 14 or an order made under section 12.

(2)Except to the extent provided in Chapter Ten of the Agreement, there is no 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.

6For greater certainty#

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.

Implementation of Agreement

Approval of Agreement

7Agreement approved#

The Agreement is approved.

Designation of Minister

8Order designating Minister#

The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada as the Minister for the purposes of any provision of this Act.

Orders Made Under Chapter Ten of Agreement

9Orders of Federal Court#

(1)An order to pay a monetary penalty or tariff costs made under Chapter Ten of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.

(2)To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.

10Enforcement#

An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

11Orders final and binding#

An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.

Orders of Governor in Council

12Orders: suspending benefits or imposing retaliatory measures#

(1)For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect under Article 1013 of the Agreement, the Governor in Council may, by order, do any one or more of the following:

(a)suspend rights or privileges granted by the Government of Canada to a province under the Agreement or any federal law; and

(b)modify or suspend the application of any federal law with respect to a province.

(2)In this section, federal law means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.

(3)For greater certainty, the making of an order under subsection (1) must be in accordance with and subject to Chapter Ten of the Agreement and, in particular,

(a)the requirements for standing set out in Article 1004.8 of the Agreement; and

(b)the conditions and limitations set out in Articles 1013.3, 1013.4 and 1013.10 of the Agreement.

Committee on Internal Trade

13Appointment of representative#

The Governor in Council may appoint a Minister to be a representative on the Committee on Internal Trade continued under Article 1100 of the Agreement.

14Annual budget#

The Government of Canada must pay its portion of the Internal Trade Secretariat’s annual operating budget referred to in Article 1102.3 of the Agreement.

Panels, Committees and Working Groups

15Rosters#

The Governor in Council may appoint any person who meets the requirements set out in Annex 1005.2 of the Agreement to be on the rosters referred to in Article 1005.2 of the Agreement.

16Representatives on committees and working groups#

The Minister may appoint any person to be a representative of Canada on any committee or working group referred to in the Agreement, other than the Committee on Internal Trade continued under Article 1100 of the Agreement.

Appointments

17Appointments#

(1)The Governor in Council may, by order, appoint any person to fill any position that may be necessary or advisable, in the opinion of the Governor in Council, for the carrying out of the purposes of the Agreement.

(2)A person appointed under subsection (1) may be paid the remuneration and expenses for their services that are fixed by the Governor in Council.

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