Notice of Ways and Means Motion to introduce an Act to implement the Agreement between Canada, the United States of America and the United Mexican States

That it is expedient to introduce an Act to implement the Agreement between Canada, the United States of America and the United Mexican States, the provisions of which are 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 nordaméricain)

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:

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

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

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:

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:

By-laws

(3.2) The Board may make by-laws respecting:

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:

2002, c. 16, s. 3

(2) The portion of paragraph 30.01(d) of the Act before subparagraph (i) is replaced by the following:

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:

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:

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

Punishment

(3.3) Every person who commits an offence under subsection (3.2) is liable

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:

2012, c. 20, s. 53

31. Subparagraph 68(2)(a)(i) of the Act is replaced by the following:

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:

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

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

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

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:

(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

1997, c. 14, s. 72(1)

40. Paragraph 5(4)(b) of the Act is replaced by the following:

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

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:

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–ÉtatsUnis–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:

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

60. Paragraph 14(1)(a) of the Act is replaced by the following:

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:

(2) Paragraph 32(1)(b) of the Act is replaced  by the following:

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

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

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

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):

(2) Paragraph 116(1)(h) of the Act is replaced by the following:

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:

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

(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:

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:

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:

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:

2017, c. 20, s. 89

(2) Paragraph 70(2)(b) of the Act is replaced  by the following:

2017, c. 20, s. 89

(3) Paragraph 70(3)(b) of the Act is replaced  by the following:

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 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:

1999, c. 12, s. 39

(2) Paragraph 77.012(1)(b) of the English version  of the Act is replaced by the following:

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

77.12 (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

77.13 (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

77.18 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

77.19 (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

77.22 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

77.23 (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

77.24 (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:

1993, c. 44, s. 218

91. Section 77.025 of the Act is replaced by the following:

Stay on request

77.25 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:

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

77.27 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:

Suspension of panel process

77.28 (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

Notice of suspension

(2) Where the Minister suspends the operation of Article 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

77.29 (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:

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

77.31 (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

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

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

77.32 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

77.33 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

1993, c. 44, s. 218

95. Paragraph 77.034(1)(c) of the Act is replaced by the following:

1993, c. 44, s. 218

96. (1) Paragraph 77.035(a) of the Act is replaced by the following:

1993, c. 44, s. 218

(2) Paragraph 77.035(c) of the Act is replaced by the following:

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

77.37 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:

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:

1993, c. 44, s. 223(2)

(2) Paragraphs 97(1)(g.21) and (g.22) of the  Act  are replaced by the following:

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:

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 cul‐ tural 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),

CUSMA country means a country that is a party to the Agreement. (pays ACEUM)

CUSMA investor means

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),

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).

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

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,

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:

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 redetermination

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:

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 libreéchange 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 libreéchange, 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):

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,

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:

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

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

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

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:

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:

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

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

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

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

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

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:

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,

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

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

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

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.

174. 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

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):

1997, c. 36

Customs Tariff

182. (1) The definitions Canada-United States Free Trade Agreement, NAFTA country and North Ameri‐ can 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:

(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–ÉtatsUnis–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.

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:

2011, c. 24, s. 115

186. Subparagraph 24(1)(b)(v) of the Act is replaced by the following:

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:

191. (1) Paragraph 59(1)(b) of the Act is replaced by the following:

(2) Paragraph 59(2)(b) of the Act is replaced  by the following:

(3) Paragraph 59(3)(a) of the Act is replaced  by the following:

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

193. Paragraph 63(4)(b) of the Act is replaced by the following:

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:

(4) Paragraph 95(6)(d) of the Act is replaced  by the following:

(5) Subparagraph 95(6)(f)(iv) of the Act is replaced by the following:

(6) Paragraph 95(6)(g) of the Act is  replaced  by the following:

(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

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):

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

(3) The List of Tariff Provisions set out in the schedule to the Act is amended by

(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:

(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:

(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):

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 Traderelated 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:

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:

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 “trademark” and “Trade-marks” is replaced by a reference to “trademark” and “Trademarks”, respectively, in the following provisions of the English version of this Act:

(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

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))

Schedule 3

(Paragraphs 202(2)(c) and (e))

Tariff ItemInitial RateFinal Rate
0404.10.22208% but not less than $2.07/kgFree (F)
1517.10.2082.28¢/kgFree (F)
1517.90.22218% but not less than $2.47/kgFree (F)

Schedule 4

(Paragraph 202(2)(c) and subsection 203(2))

Tariff ItemMost-Favoured-Nation TariffPreferential 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))

Date Modified: