Certification of Origin of Goods Exported to a Free Trade Partner Regulations

Contents

Whereas the proposed Certification of Origin of Goods Exported to a Free Trade Partner Regulations implement provisions of free trade agreements (NAFTA, CIFTA and CCFTA) and otherwise make no material substantive change in an existing regulation and are therefore, by virtue of paragraphs 164(4)(a.01) and (d) of the Customs Act, not required to be published under subsection 164(3) of that Act;^note^noteTherefore, His Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue, pursuant to subsection 97.1(1), paragraphs 164(1)(i) and (j) and subsections 164(1.1) and (1.2) of the Customs Act, hereby makes the annexed Certification of Origin of Goods Exported to a Free Trade Partner Regulations.^note^note^note^note

Interpretation

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The definitions in this section apply in these Regulations.

Act means the Customs Act. (Loi)

producer means a person who grows, mines, harvests, fishes, traps, hunts, manufactures, processes or assembles a good. (producteur)

Certification Criteria for a Non-Producing Exporter

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For the purposes of subsection 97.1(1) of the Act, where the 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, is not the producer of the goods, the certificate shall be completed and signed by the exporter on the basis of the following criteria:

(a)the exporter’s knowledge that the goods meet the applicable rules of origin;

(b)the exporter’s reasonable reliance on the written representation of the producer that the goods meet the applicable rules of origin; or

(c)in the case of goods exported or to be exported from Canada to a NAFTA country, Chile, Costa Rica, Peru, Colombia, Jordan, Panama or Honduras, a certificate — completed and signed by the producer and provided voluntarily to the exporter — stating that the goods meet the applicable rules of origin.

^note

Language of Certificate

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The certificate referred to in section 97.1 of the Act shall be completed

(a)in the case of goods exported or to be exported from Canada to the United States or to an EFTA state, in English or French;

(b)in the case of goods exported or to be exported from Canada to Mexico, Chile, Costa Rica, Peru, Colombia, Panama or Honduras in English, French or Spanish;

(c)in the case of goods exported or to be exported from Canada to Israel or another CIFTA beneficiary, in English, French, Hebrew or Arabic; and

(d)in the case of goods exported or to be exported from Canada to Jordan, in English, French or Arabic.

^note

Repeal

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[Repeal]

Coming into Force

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These Regulations come into force on the day on which section 44 of the Canada-Chile Free Trade Agreement Implementation Act, chapter 14 of the Statutes of Canada, 1997, comes into force.

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