Canada-United States Free Trade Agreement Implementation Act

Bills that amended this Act0

No published amendment links yet for this Act.

Sections48

• 1Short title

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

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  Agreement means the Free Trade Agreement between Canada and the United States entered into between the Government of Canada and the Government of the United States and signed on January 2, 1988, the text of which is set out in Part A of the schedule and the Tariff Schedules of Canada and of the United States referred to in Annex 401.2 of that Agreement; (Accord)

• 2(1)[p4]

  Commission means the Canada-United States Trade Commission established pursuant to the Agreement; (Commission)

• 2(1)[p5]

  Minister, in respect of any provision of this Act, means the Minister designated in respect of that provision under section 10; (ministre)

• 2(1)[p6]

  prescribed means prescribed by regulation made by the Governor in Council; (Version anglaise seulement)

• 2(1)[p7]

  United States means

• 2(1)[p7](a)

  the customs territory of the United States, including the fifty states of the United States, the District of Columbia and Puerto Rico,

• 2(1)[p7](b)

  the foreign trade zones located in the United States and Puerto Rico, and

• 2(1)[p7](c)

  any areas beyond the territorial sea of the United States within which, in accordance with international law and its domestic laws, the United States may exercise rights with respect to the seabed and subsoil and the natural resources thereof. (États-Unis)

• 2(2)Publication of Agreement and Tariff Schedules

  The Agreement, including the Tariff Schedules of Canada and of the United States referred to in Annex 401.2 of the Agreement, shall be published in the Canada Treaty Series.

• 3Purpose

  The purpose of this Act is to implement the Agreement, the objectives of which are to

• 3(a)

  eliminate barriers to trade in goods and services between Canada and the United States;

• 3(b)

  facilitate conditions of fair competition within the free-trade area established by the Agreement;

• 3(c)

  liberalize significantly conditions for investment within that free-trade area;

• 3(d)

  establish effective procedures for the joint administration of the Agreement and the resolution of disputes; and

• 3(e)

  lay the foundation for further bilateral and multilateral cooperation to expand and enhance the benefits of the Agreement.

• 4Binding on Her Majesty

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

• 5Prohibition of private cause of action

  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 regulation made under Part I, or the Agreement.

• 6Implementation

  For greater certainty, nothing in this Act, by specific mention or omission, limits in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.

• 7Non-application of Agreement to water
• 7(1)

  For greater certainty, nothing in this Act or the Agreement, except Article 401 of 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.

• 9Regulations
• 9(1)

  The Governor in Council may, where the Governor in Council is of the opinion that, for the purpose of giving effect in a province to Chapter Eight of the Agreement, regulations are necessary in relation to any matter dealt with by that Chapter, make regulations for that purpose including, without limiting the generality of the foregoing, regulations requiring or prohibiting the doing of anything in relation to which a regulation may be made under this subsection and prescribing penalties for the contravention of or non-compliance with any such regulation.

• 9(2)Applicability of regulations in respect of a province

  A regulation made under subsection (1) shall not come into force in respect of any province where the Governor in Council is of the opinion that the province has, by or under provincial law, enacted provisions or is carrying on practices that are in conformity with that portion of Chapter Eight of the Agreement in respect of which the regulation is made.

• 9(3)Consultation with provincial governments

  The Minister shall consult with the government of a province prior to the making of a regulation under subsection (1) in respect of that province.

• 9(4)Expiration

  A regulation made under subsection (1) or any provision thereof shall cease to be in force, in respect of any province, on a day or days to be fixed, in respect of that province, by order of the Governor in Council.

• 9(5)Binding on province

  A regulation made under subsection (1) in respect of a province is binding on Her Majesty in right of that province.

• 10Order 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.

• 11Commissions and bodies
• 11(1)

  The Governor in Council may

• 11(1)(a)

  establish such committees, commissions, panels or other bodies as the Governor in Council deems necessary to exercise powers and perform duties and functions referred to in the Agreement on behalf of the Government of Canada and shall appoint members and fix the terms of reference of those committees, commissions, panels or bodies;

• 11(1)(b)

  authorize any committee, commission, panel or other body established under paragraph (a) to exercise such powers and perform such duties and functions referred to in the Agreement as are specified by the Governor in Council in the terms of reference of that committee, commission, panel or other body; and

• 11(1)(c)

  appoint members of any other committee, commission, panel or body that may be established under the Agreement.

• 11(2)Remuneration

  The members of any committee, commission, panel or other body appointed by the Governor in Council under subsection (1) may be paid such remuneration and expenses for their services as are fixed by the Governor in Council.

• 12Canada-United States Trade Commission
• 12(1)

  The Governor in Council may appoint a member of the Queen’s Privy Council for Canada to be the principal representative of, and such other persons as are selected by the Governor in Council to be the other members of, the Canadian section of the Commission established pursuant to Chapter Eighteen of the Agreement.

• 12(2)Payment of costs of Commission

  The Government of Canada shall pay one half of the aggregate of any expenditures incurred by or on behalf of the Commission.

• 12(3)Extending purposes of External Affairs Vote 1

  The purposes specified in External Affairs Vote 1 set forth in the Main Estimates for the fiscal year ending the 31st day of March, 1989, as laid before the House of Commons during the second session of the thirty-third Parliament, are extended to include expenditures incurred by or on behalf of the Commission.

• 23 to 45

  [Amendments]

• 46 to 148

  [Amendments]

• 149Repealed

  [Repealed, 2018, c. 27, s. 298]

• *150Coming into force
• *150(1)

  Subject to this Act, this Act or any provision thereof or any provision of any Act as amended 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 60, 66 to 107 and 109 to 149 in force January 1, 1989, see SI/89-9; sections 61 to 65 in force February 13, 1989, see SI/89-70.]

• *150(2)Condition

  No order shall be made under subsection (1) unless the Governor in Council is satisfied that the Government of the United States has taken satisfactory steps to implement the Agreement.