Canada-Israel Free Trade Agreement Implementation Act

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Sections48

• 1Short title

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

• 2Definitions
• 2(1)

  The definitions in this subsection apply in this Act.

• 2(1)[p3]

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

• 2(1)[p4]

  Commission means the Joint Commission established under paragraph 1 of Article 18.1 of the Agreement. (Commission)

• 2(1)[p5]

  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)

• 2(1)[p6]

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

• 2(2)Publication of Agreement

  The Agreement shall be published in the Canada Treaty Series.

• 3Interpretation consistent with Agreement

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

• 4Purpose

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

• 4(a)

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

• 4(b)

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

• 4(c)

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

• 4(d)

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

• 4(e)

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

• 5Binding on Her Majesty

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

• 6Causes of action under Part I
• 6(1)

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

• 6(2)Causes of action under the Agreement

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

• 7Non-application of Agreement to water

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

• 8Agreement approved

  The Agreement is hereby approved.

• 9Order designating Minister

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

• 10Appointment of representative on the Commission

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

• 11Payment of expenditures

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

• 12Powers of Minister for International Trade
• 12(1)

  The Minister for International Trade may

• 12(1)(a)

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

• 12(1)(b)

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

• 12(1)(c)

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

• 12(2)Powers of Minister of Labour

  The Minister of Labour may

• 12(2)(a)

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

• 12(2)(b)

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

• 12(2)(c)

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

• 13Administrative support

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

• 14Payment of costs

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

• 14(a)

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

• 14(b)

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

• 15Orders — Article 19.13 of Agreement
• 15(1)

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

• 15(1)(a)

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

• 15(1)(b)

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

• 15(1)(c)

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

• 15(1)(d)

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

• 15(2)Period of order

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

• 16 to 61

  [Amendments]

• *62Coming into force
• *62(1)

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

• *62(2)Condition

  No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the State of Israel has taken satisfactory steps to implement the Agreement. [Note: Act in force January 1, 1997, see SI/97-9.]