World Trade Organization Agreement Implementation Act

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Sections42

• 1Short title

  This Act may be cited as the World Trade Organization Agreement Implementation Act.

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  Agreement means the Agreement Establishing the World Trade Organization, including all forming an integral part of the Final Act Embodying The Results Of The Uruguay Round Of Multilateral Trade Negotiations, signed at Marrakesh on April 15, 1994; (Accord)

• 2(1)[p3](a)

  the agreements set out in Annexes 1A, 1B, 1C, 2 and 3 to that Agreement, and

• 2(1)[p3](b)

  the agreements set out in Annex 4 to that Agreement that have been accepted by Canada,

• 2(1)[p6]

  federal law means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament; (texte législatif fédéral)

• 2(1)[p7]

  Minister, in respect 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 9; (ministre)

• 2(1)[p8]

  World Trade Organization means the World Trade Organization established by Article I of the Agreement; (Organisation mondiale du commerce)

• 2(1)[p9]

  WTO Member means a Member of the World Trade Organization. (membre de l’OMC)

• 2(2)Publication of Agreement

  The Agreement shall be published in the Canada Treaty Series.

• 3Purpose

  The purpose of this Act is to implement the Agreement.

• 4Binding on Her Majesty

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

• 5Prohibition of private cause of action under Part I

  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 any order made under Part I.

• 6Prohibition of private cause of action under 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
• 7(1)

  For greater certainty, nothing in this Act or the Agreement, except the Canadian Schedule to the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to the Agreement, applies to water.

• 7(2)Definition of water

  In this section, water means natural surface and ground water in liquid, gaseous or solid state, but does not include water packaged as a beverage or in tanks.

• 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.

• 10Ministerial Conference

  The Governor in Council may appoint any member of the Queen’s Privy Council for Canada to be the representative of Canada in respect of the Ministerial Conference established under Article IV of the Agreement.

• 11Committees and bodies

  The Minister may appoint any person to be the representative of Canada on any committee, council or body, other than the Ministerial Conference referred to in section 10, that is or may be established under the Agreement.

• 12Payment of expenditures

  The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the World Trade Organization.

• 13Orders re suspension of concessions
• 13(1)

  The Governor in Council may, for the purpose of suspending in accordance with the Agreement the application to a WTO Member of concessions or obligations of equivalent effect pursuant to Article 22 of the Understanding on Rules and Procedures Governing the Settlement of Disputes set out in Annex 2 to the Agreement, by order, do any one or more of the following:

• 13(1)(a)

  suspend rights or privileges granted by Canada to that Member or to goods, service providers, suppliers, investors or investments of that Member under the Agreement or any federal law;

• 13(1)(b)

  modify or suspend the application of any federal law with respect to that Member or to goods, service providers, suppliers, investors or investments of that Member;

• 13(1)(c)

  extend the application of any federal law to that Member or to goods, service providers, suppliers, investors or investments of that Member; and

• 13(1)(d)

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

• 13(2)Suspension of concessions to non-WTO Members

  The Governor in Council may, with respect to a country that is not a WTO Member, by order, do any one or more of the following:

• 13(2)(a)

  suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under any federal law;

• 13(2)(b)

  modify or suspend the application of any federal law with respect to that country or to goods, service providers, suppliers, investors or investments of that country;

• 13(2)(c)

  extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and

• 13(2)(d)

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

• 13(3)Period of order

  Unless repealed, an order made under subsection (1) or (2) shall have effect for such period as is specified in the order.

• 13(4)Definition of country

  In this section, country includes any state or separate customs territory that may, under the Agreement, become a WTO Member.

• 14 to 220

  [Amendments and repeal]

• *221Coming into force
• *221(1)

  This Act or any provision thereof, or any provision of any Act, including any portion of any schedule, as enacted by this Act, shall come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 1 to 47, 50 to 55, 70 to 91, 93 to 114, 119 to 128, 132 to 140, 144 to 189 and 202 to 211 and sections 1, 2 and 5 of Schedule IV in force January 1, 1995, see SI/95-5; Parts A, B and C of Schedule I in force January 1, 1995, see SI/95-6; certain provisions of Part D and Part E of Schedule I in force January 1, 1995, see SI/95-7; sections 48 and 49 in force August 1, 1995, see SI/95-83; certain provisions of Part D of Schedule I in force August 1, 1995, see SI/95-87 and SI/95-88; sections 56 to 69, 115, 117, 118, 129 to 131, 141 to 143 and 190 to 201 and sections 3 and 4 of Schedule IV in force January 1, 1996, see SI/96-1; section 116 in force January 1, 1996, …

• *221(2)Condition

  No order shall be made under subsection (1) unless the Governor in Council is satisfied that the Agreement is in force.

• 1 to 5

  [Amendments]

• 6 #41Repealed

  [Repealed, 1996, c. 10, s. 275]