An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act
C-4.862017
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1
This Act may be cited as the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act.
Interpretation
Definitions
2
The following definitions apply in this section and in sections 3 to 14.
Agreement means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. (Accord)
CETA Joint Committee means the CETA Joint Committee established under Article 26.1 of the Agreement. (Comité mixte de l’AÉCG)
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 means the Minister for International Trade. (ministre)
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, except Chapters Twenty-Two and Twenty-Four of 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 purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
(a)
establish a free trade area in accordance with the Agreement;
(b)
promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the European Union in order to create opportunities for economic development;
(c)
promote conditions of fair competition affecting trade between Canada and the European Union;
(d)
substantially increase investment opportunities in Canada and the European Union, while preserving the right of each of the parties to the Agreement to regulate to achieve legitimate policy goals;
(e)
eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;
(f)
provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies;
(g)
protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and the European Union on labour matters;
(h)
enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the European Union on environmental matters; and
(i)
promote sustainable development.
Causes of Action
Causes of action under sections 9 to 14
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 14 or an order made under 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, Section F of Chapter Eight or Article 13.21 of the Agreement.
PART 1
Implementation of the Agreement
Approval and Representation on the CETA Joint Committee
Agreement approved
9
The Agreement is approved.
Canadian representative on CETA Joint Committee
10
The Minister is the principal representative of Canada on the CETA Joint Committee.
Tribunals, Arbitration Panels and Panels of Experts
Powers of Minister
11
(1)
The Minister may
(a)
propose the names of individuals to serve as members of the tribunals established under Section F of Chapter Eight of the Agreement; and
(b)
propose the names of individuals to be included in the sub-lists referred to in paragraph 1 of Article 29.8 of the Agreement.
Power of Minister of Finance
(2)
The Minister of Finance may propose the names of individuals to be included in the sub-lists referred to in paragraph 3 of Article 13.20 of the Agreement.
Powers of Minister of Labour
(3)
The Minister of Labour may propose the names of individuals to be included in the list established under paragraph 6 of Article 23.10 of the Agreement and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
Powers of Minister of the Environment
(4)
The Minister of the Environment may propose the names of individuals to be included in the list established under paragraph 6 of Article 24.15 of the Agreement and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
Operation of Chapter Twenty-Nine
12
The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twenty-Nine of the Agreement.
Expenses
Payment of expenses
13
The Government of Canada is to pay its appropriate share of the aggregate of
(a)
the expenses incurred by tribunals established under the Agreement and the remuneration and expenses payable to members of those tribunals;
(b)
the expenses incurred by arbitration panels and Panels of Experts established under the Agreement and the remuneration and expenses payable to those arbitrators, panellists on those Panels of Experts and mediators; and
(c)
the expenses incurred by the CETA Joint Committee and the specialized committees, bilateral dialogues, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the CETA Joint Committee and those specialized committees and to members of those bilateral dialogues, working groups and other bodies.
Orders
Orders re Article 29.14 of Agreement
14
(1)
The Governor in Council may, for the purpose of suspending obligations in accordance with Article 29.14 of the Agreement, by order, do any one or more of the following:
(a)
suspend rights or privileges granted by Canada to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states under the Agreement or any federal law;
(b)
modify or suspend the application of any federal law with respect to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states;
(c)
extend the application of any federal law to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states;
(d)
take any other measure that the Governor in Council considers necessary.
Period of order
(2)
Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
PART 2
Related Amendments
Export and Import Permits Act
15
[Amendments]
16
[Amendment]
17
[Amendments]
18
[Amendment]
19
[Amendment]
20
[Amendments]
21
[Amendment]
22
[Amendment]
23
[Amendment]
24
[Amendment]
Financial Administration Act
25
[Amendment]
Food and Drugs Act
26
[Repealed before coming into force, 2017, c. 6, s. 137]
27
[Repealed before coming into force, 2017, c. 6, s. 137]
Importation of Intoxicating Liquors Act
28
[Amendment]
29
[Amendment]
30
[Amendment]
31
[Amendment]
Patent Act
32
[Amendments]
33
[Amendment]
34
[Amendments]
35
[Amendment]
36
[Amendment]
37
[Amendments]
38
[Amendment]
39
[Amendment]
40
[Amendment]
41
[Amendment]
42
[Amendment]
43
[Amendment]
44
[Amendment]
45
[Amendment]
46
[Amendments]
47
[Amendments]
48
[Amendments]
49
[Amendments]
50
[Amendment]
51
[Amendments]
52
[Amendment]
53
[Amendment]
54
[Amendments]
55
[Amendment]
56
[Amendment]
57
[Amendments]
58
[Amendment]
59
[Amendment]
Trade-marks Act
60
[Amendment]
61
[Amendment]
62
[Amendments]
63
[Amendment]
64
[Amendment]
65
[Amendments]
66
[Amendment]
67
[Amendment]
68
[Amendment]
69
[Amendment]
70
[Amendments]
71
[Amendment]
72
[Amendment]
73
[Amendment]
74
[Amendment]
75
[Amendment]
76
[Amendment]
77
[Amendment]
78
[Amendment]
79
[Amendment]
Investment Canada Act
80
[Amendment]
81
[Amendment]
Customs Act
82
[Amendment]
83
(1)
[Repealed before coming into force, 2017, c. 8, s. 43]
(2) and (3)
[Amendments]
84
[Amendments]
85
[Amendment]
86
[Amendment]
87
[Amendment]
88
[Amendment]
89
[Amendment]
Commercial Arbitration Act
90
[Amendment]
Coasting Trade Act
91
[Amendments]
92
[Amendments]
93
[Amendment]
94
[Amendment]
Customs Tariff
95
[Amendment]
96
[Amendment]
97
[Amendment]
98
[Amendment]
99
[Amendment]
100
[Amendment]
101
[Amendments]
102
[Amendment]
103
[Amendment]
104
[Amendment]
105
[Amendment]
106
[Amendments]
107
[Amendments]
108
[Amendments]
Pest Control Products Act
109
[Amendment]
110
[Amendment]
111
[Amendment]
112
[Amendment]
113
[Amendment]
Transitional Provisions
114
[Transitional Provision]
115
[Transitional Provision]
116
[Transitional Provision]
117
[Transitional Provision]
PART 3
Consequential Amendments
Canada Corporations Act
118
[Amendment]
119
[Amendment]
120
[Amendment]
Nuclear Energy Act
121
[Amendment]
Bankruptcy and Insolvency Act
122
[Amendment]
Competition Act
123
[Amendments]
124
[Amendment]
125
[Amendment]
Defence Production Act
126
[Amendment]
127
[Amendments]
Federal Courts Act
128
[Amendment]
Public Servants Inventions Act
129
[Amendments]
Olympic and Paralympic Marks Act
130
[Amendment]
Canada–Korea Economic Growth and Prosperity Act
131
[Amendment]
Transitional Provisions
132
[Transitional Provisions]
PART 4
Coordinating Amendments and Coming into Force
Coordinating Amendments
133
[Amendments]
134
[Amendments]
135
(1) to (10)
[Amendments]
(11)
[Repealed, 2018, c. 27, s. 209]
136
[Amendments]
137
[Amendments]
Coming into Force
Order in council
*138
(1)
Subject to subsections (2) to (5), the provisions of this Act, other than sections 133 to 137, come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2)
Subsection 8(3), paragraph 11(1)(a), subsection 11(2), paragraph 13(a) and section 90 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).
Order in council
(3)
Subsections 32(1) and (4) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(4)
Subsections 32(2) and 34(1) and (2) and sections 36 and 38 to 42 come into force on a day or days to be fixed by order of the Governor in Council, but that day or those days must be on or before the day referred to in subsection (1).
Order in council
(5)
Sections 45 to 58 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).
*
[Note: Act, other than subsection 8(3), paragraph 11(1)(a), subsection 11(2), paragraph 13(a) and sections 45 to 58, 90 and 133 to 137, in force September 21, 2017, see SI/2017-47; sections 45 to 58 in force June 30, 2021, see SI/2021-25.]
SCHEDULE 1
(Section 24)
[Amendment]
SCHEDULE 2
(Section 77)
[Amendment]
SCHEDULE 3
(Section 81)
[Amendment]
SCHEDULE 4
(Paragraphs 108(1)(c) and (d))
[Amendment]
SCHEDULE 5
(Paragraphs 108(1)(c) and (e))
[Amendment]
SCHEDULE 6
(Subsection 115(1))
[Amendment]
Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act
C-4.862017
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1
This Act may be cited as the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act.
Interpretation
Definitions
2
The following definitions apply in this section and in sections 3 to 14.
Agreement means the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. (Accord)
CETA Joint Committee means the CETA Joint Committee established under Article 26.1 of the Agreement. (Comité mixte de l’AÉCG)
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 means the Minister for International Trade. (ministre)
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, except Chapters Twenty-Two and Twenty-Four of 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 purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
(a)
establish a free trade area in accordance with the Agreement;
(b)
promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the European Union in order to create opportunities for economic development;
(c)
promote conditions of fair competition affecting trade between Canada and the European Union;
(d)
substantially increase investment opportunities in Canada and the European Union, while preserving the right of each of the parties to the Agreement to regulate to achieve legitimate policy goals;
(e)
eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;
(f)
provide adequate and effective protection and enforcement of intellectual property rights in the territory where the Agreement applies;
(g)
protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and the European Union on labour matters;
(h)
enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the European Union on environmental matters; and
(i)
promote sustainable development.
Causes of Action
Causes of action under sections 9 to 14
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 14 or an order made under 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, Section F of Chapter Eight or Article 13.21 of the Agreement.
PART 1
Implementation of the Agreement
Approval and Representation on the CETA Joint Committee
Agreement approved
9
The Agreement is approved.
Canadian representative on CETA Joint Committee
10
The Minister is the principal representative of Canada on the CETA Joint Committee.
Tribunals, Arbitration Panels and Panels of Experts
Powers of Minister
11
(1)
The Minister may
(a)
propose the names of individuals to serve as members of the tribunals established under Section F of Chapter Eight of the Agreement; and
(b)
propose the names of individuals to be included in the sub-lists referred to in paragraph 1 of Article 29.8 of the Agreement.
Power of Minister of Finance
(2)
The Minister of Finance may propose the names of individuals to be included in the sub-lists referred to in paragraph 3 of Article 13.20 of the Agreement.
Powers of Minister of Labour
(3)
The Minister of Labour may propose the names of individuals to be included in the list established under paragraph 6 of Article 23.10 of the Agreement and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
Powers of Minister of the Environment
(4)
The Minister of the Environment may propose the names of individuals to be included in the list established under paragraph 6 of Article 24.15 of the Agreement and propose, for inclusion in that list, the names of individuals to serve as the chairperson of a Panel of Experts established under that Article.
Operation of Chapter Twenty-Nine
12
The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter Twenty-Nine of the Agreement.
Expenses
Payment of expenses
13
The Government of Canada is to pay its appropriate share of the aggregate of
(a)
the expenses incurred by tribunals established under the Agreement and the remuneration and expenses payable to members of those tribunals;
(b)
the expenses incurred by arbitration panels and Panels of Experts established under the Agreement and the remuneration and expenses payable to those arbitrators, panellists on those Panels of Experts and mediators; and
(c)
the expenses incurred by the CETA Joint Committee and the specialized committees, bilateral dialogues, working groups and other bodies established under the Agreement and the remuneration and expenses payable to representatives on the CETA Joint Committee and those specialized committees and to members of those bilateral dialogues, working groups and other bodies.
Orders
Orders re Article 29.14 of Agreement
14
(1)
The Governor in Council may, for the purpose of suspending obligations in accordance with Article 29.14 of the Agreement, by order, do any one or more of the following:
(a)
suspend rights or privileges granted by Canada to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states under the Agreement or any federal law;
(b)
modify or suspend the application of any federal law with respect to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states;
(c)
extend the application of any federal law to the European Union and its member states or to goods, service suppliers, investors or investments of investors of the European Union and its member states;
(d)
take any other measure that the Governor in Council considers necessary.
Period of order
(2)
Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
PART 2
Related Amendments
Export and Import Permits Act
15
[Amendments]
16
[Amendment]
17
[Amendments]
18
[Amendment]
19
[Amendment]
20
[Amendments]
21
[Amendment]
22
[Amendment]
23
[Amendment]
24
[Amendment]
Financial Administration Act
25
[Amendment]
Food and Drugs Act
26
[Repealed before coming into force, 2017, c. 6, s. 137]
27
[Repealed before coming into force, 2017, c. 6, s. 137]
Importation of Intoxicating Liquors Act
28
[Amendment]
29
[Amendment]
30
[Amendment]
31
[Amendment]
Patent Act
32
[Amendments]
33
[Amendment]
34
[Amendments]
35
[Amendment]
36
[Amendment]
37
[Amendments]
38
[Amendment]
39
[Amendment]
40
[Amendment]
41
[Amendment]
42
[Amendment]
43
[Amendment]
44
[Amendment]
45
[Amendment]
46
[Amendments]
47
[Amendments]
48
[Amendments]
49
[Amendments]
50
[Amendment]
51
[Amendments]
52
[Amendment]
53
[Amendment]
54
[Amendments]
55
[Amendment]
56
[Amendment]
57
[Amendments]
58
[Amendment]
59
[Amendment]
Trade-marks Act
60
[Amendment]
61
[Amendment]
62
[Amendments]
63
[Amendment]
64
[Amendment]
65
[Amendments]
66
[Amendment]
67
[Amendment]
68
[Amendment]
69
[Amendment]
70
[Amendments]
71
[Amendment]
72
[Amendment]
73
[Amendment]
74
[Amendment]
75
[Amendment]
76
[Amendment]
77
[Amendment]
78
[Amendment]
79
[Amendment]
Investment Canada Act
80
[Amendment]
81
[Amendment]
Customs Act
82
[Amendment]
83
(1)
[Repealed before coming into force, 2017, c. 8, s. 43]
(2) and (3)
[Amendments]
84
[Amendments]
85
[Amendment]
86
[Amendment]
87
[Amendment]
88
[Amendment]
89
[Amendment]
Commercial Arbitration Act
90
[Amendment]
Coasting Trade Act
91
[Amendments]
92
[Amendments]
93
[Amendment]
94
[Amendment]
Customs Tariff
95
[Amendment]
96
[Amendment]
97
[Amendment]
98
[Amendment]
99
[Amendment]
100
[Amendment]
101
[Amendments]
102
[Amendment]
103
[Amendment]
104
[Amendment]
105
[Amendment]
106
[Amendments]
107
[Amendments]
108
[Amendments]
Pest Control Products Act
109
[Amendment]
110
[Amendment]
111
[Amendment]
112
[Amendment]
113
[Amendment]
Transitional Provisions
114
[Transitional Provision]
115
[Transitional Provision]
116
[Transitional Provision]
117
[Transitional Provision]
PART 3
Consequential Amendments
Canada Corporations Act
118
[Amendment]
119
[Amendment]
120
[Amendment]
Nuclear Energy Act
121
[Amendment]
Bankruptcy and Insolvency Act
122
[Amendment]
Competition Act
123
[Amendments]
124
[Amendment]
125
[Amendment]
Defence Production Act
126
[Amendment]
127
[Amendments]
Federal Courts Act
128
[Amendment]
Public Servants Inventions Act
129
[Amendments]
Olympic and Paralympic Marks Act
130
[Amendment]
Canada–Korea Economic Growth and Prosperity Act
131
[Amendment]
Transitional Provisions
132
[Transitional Provisions]
PART 4
Coordinating Amendments and Coming into Force
Coordinating Amendments
133
[Amendments]
134
[Amendments]
135
(1) to (10)
[Amendments]
(11)
[Repealed, 2018, c. 27, s. 209]
136
[Amendments]
137
[Amendments]
Coming into Force
Order in council
*138
(1)
Subject to subsections (2) to (5), the provisions of this Act, other than sections 133 to 137, come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2)
Subsection 8(3), paragraph 11(1)(a), subsection 11(2), paragraph 13(a) and section 90 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).
Order in council
(3)
Subsections 32(1) and (4) come into force on a day to be fixed by order of the Governor in Council.
Order in council
(4)
Subsections 32(2) and 34(1) and (2) and sections 36 and 38 to 42 come into force on a day or days to be fixed by order of the Governor in Council, but that day or those days must be on or before the day referred to in subsection (1).
Order in council
(5)
Sections 45 to 58 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).
*
[Note: Act, other than subsection 8(3), paragraph 11(1)(a), subsection 11(2), paragraph 13(a) and sections 45 to 58, 90 and 133 to 137, in force September 21, 2017, see SI/2017-47; sections 45 to 58 in force June 30, 2021, see SI/2021-25.]
SCHEDULE 1
(Section 24)
[Amendment]
SCHEDULE 2
(Section 77)
[Amendment]
SCHEDULE 3
(Section 81)
[Amendment]
SCHEDULE 4
(Paragraphs 108(1)(c) and (d))
[Amendment]
SCHEDULE 5
(Paragraphs 108(1)(c) and (e))
[Amendment]
SCHEDULE 6
(Subsection 115(1))
[Amendment]