Canadian Free Trade Agreement Implementation Act

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Sections32

• 1Short title

  This Act may be cited as the Canadian Free Trade Agreement Implementation Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Agreement means the Canadian Free Trade Agreement signed in 2017, as amended from time to time. (Accord)

• 2[p3]

  Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister for the purposes of any provision of this Act under section 8. (ministre)

• 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 — section 12 or 14
• 5(1)

  There is no 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 section 12 or 14 or an order made under section 12.

• 5(2)Prohibition of private cause of action — Chapter Ten

  Except to the extent provided in Chapter Ten of the Agreement, there is no 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.

• 6For greater certainty

  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.

• 7Agreement approved

  The Agreement is approved.

• 8Order designating Minister

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

• 9Orders of Federal Court
• 9(1)

  An order to pay a monetary penalty or tariff costs made under Chapter Ten of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.

• 9(2)Procedure

  To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.

• 10Enforcement

  An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

• 11Orders final and binding

  An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.

• 12Orders: suspending benefits or imposing retaliatory measures
• 12(1)

  For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect under Article 1013 of the Agreement, the Governor in Council may, by order, do any one or more of the following:

• 12(1)(a)

  suspend rights or privileges granted by the Government of Canada to a province under the Agreement or any federal law; and

• 12(1)(b)

  modify or suspend the application of any federal law with respect to a province.

• 12(2)Definition of federal law

  In this section, 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.

• 12(3)Order subject to Chapter Ten

  For greater certainty, the making of an order under subsection (1) must be in accordance with and subject to Chapter Ten of the Agreement and, in particular,

• 12(3)(a)

  the requirements for standing set out in Article 1004.8 of the Agreement; and

• 12(3)(b)

  the conditions and limitations set out in Articles 1013.3, 1013.4 and 1013.10 of the Agreement.

• 13Appointment of representative

  The Governor in Council may appoint a Minister to be a representative on the Committee on Internal Trade continued under Article 1100 of the Agreement.

• 14Annual budget

  The Government of Canada must pay its portion of the Internal Trade Secretariat’s annual operating budget referred to in Article 1102.3 of the Agreement.

• 15Rosters

  The Governor in Council may appoint any person who meets the requirements set out in Annex 1005.2 of the Agreement to be on the rosters referred to in Article 1005.2 of the Agreement.

• 16Representatives on committees and working groups

  The Minister may appoint any person to be a representative of Canada on any committee or working group referred to in the Agreement, other than the Committee on Internal Trade continued under Article 1100 of the Agreement.

• 17Appointments
• 17(1)

  The Governor in Council may, by order, appoint any person to fill any position that may be necessary or advisable, in the opinion of the Governor in Council, for the carrying out of the purposes of the Agreement.

• 17(2)Remuneration

  A person appointed under subsection (1) may be paid the remuneration and expenses for their services that are fixed by the Governor in Council.