An Act to implement the Canada-Israel Free Trade Agreement
Canada-Israel Free Trade Agreement Implementation Act
C-6.4331996
NOW, THEREFORE, 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-Israel Free Trade Agreement Implementation Act.
Interpretation
Definitions
2
(1)
The definitions in this subsection apply in this Act.
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)
Commission means the Joint Commission established under paragraph 1 of Article 18.1 of the Agreement. (Commission)
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, 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)
Publication of Agreement
(2)
The Agreement shall be published in the Canada Treaty Series.
1996, c. 33, s. 22019, c. 6, s. 2
Interpretation consistent with Agreement
3
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.
Purpose
Purpose
4
The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
(a)
strengthen the bilateral commercial relationship between Canada and the State of Israel;
(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;
(c)
ensure a high level of environmental protection through comprehensive and legally-binding commitments;
(d)
build on the respective international commitments of Canada and the State of Israel on labour matters; and
(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.
1996, c. 33, s. 42019, c. 6, s. 3
Her Majesty
Binding on Her Majesty
5
This Act is binding on Her Majesty in right of Canada.
General
Causes 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.
Causes of action under the Agreement
(2)
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.
Non-application of Agreement to water
7
For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
1996, c. 33, s. 72019, c. 6, s. 4
PART I
Implementation of Agreement Generally
Approval of Agreement
Agreement approved
8
The Agreement is hereby approved.
Designation of Minister
Order designating Minister
9
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.
Administrative and Institutional Provisions
Appointment of representative on the Commission
10
The Minister for International Trade is the principal representative of Canada on the Commission.
Payment of expenditures
11
The Government of Canada shall pay its appropriate share of any expenditures incurred by or on behalf of the Commission.
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies
Powers of Minister for International Trade
12
(1)
The Minister for International Trade may
(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;
(b)
appoint a panellist in accordance with paragraph 2 of Article 19.7 of the Agreement; and
(c)
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 19.7.
Powers of Minister of Labour
(2)
The Minister of Labour may
(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;
(b)
appoint a panellist in accordance with paragraph 4 of Annex 12.13.3 of the Agreement; and
(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.
1996, c. 33, s. 122019, c. 6, s. 5
Administrative support
13
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.
1996, c. 33, s. 132019, c. 6, s. 5
Payment of costs
14
The Government of Canada is to pay the costs of or its appropriate share of the costs of
(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
(b)
the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
1996, c. 33, s. 142019, c. 6, s. 5
Orders
Orders — 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:
(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;
(b)
modify or suspend the application of any federal law, with respect to the State of Israel or to goods of Israel;
(c)
extend the application of any federal law to the State of Israel or to goods of Israel;
(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.
1996, c. 33, s. 152019, c. 6, s. 5
PART II
Consequential Amendments
16 to 61
[Amendments]
PART III
Coming into Force
Coming 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.
Condition
(2)
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.]
SCHEDULE
Tariff Item Description of Goods Most-Favoured-Nation Tariff MFN Staging Category General Preferential Tariff United States Tariff Mexico Tariff Mexico-United States Tariff NAFTA Staging Category
---Roses:
0603.10.21 ----Roses where the aggregate quantity imported during any year commencing on January 1 has not exceeded the quantity specified in an order made pursuant to section 58.3
N/A
CIFTA
Free
N/A N/A N/A N/A N/A N/A
0603.10.29 ----Other G X N/A N/A N/A
Base Rate
12.5%
BPT
Free 6.2%
Final Rate
10.6%
0712.90.40 ---Garlic G X N/A B
Base Rate
10% 5% 5%
Final Rate
6.4%
0902.10 -Green tea (not fermented) in immediate packings of a content not exceeding 3 kg
0902.10.10 ---In bags for individual servings Free K Free Free Free N/A D
0902.10.90 ---Other Free K Free Free Free N/A D
0902.30 -Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg
0902.30.10 ---In bags for individual servings Free K Free Free Free N/A D
0902.30.90 ---Other Free K Free Free Free N/A D
1211.10 -Liquorice roots
1211.10.10 ---Tea in bags for individual servings Free K Free Free Free N/A D
1211.10.90 ---Other Free K Free Free Free N/A D
1211.20 -Ginseng roots
1211.20.10 ---Tea in bags for individual servings Free K Free Free Free N/A D
1211.20.90 ---Other Free K Free Free Free N/A D
1211.90 -Other
1211.90.10 ---Tea in bags for individual servings Free K Free Free Free N/A D
1211.90.90 ---Other Free K Free Free Free N/A D
1604.20.20 ---Gefilte fish F 7% B
Base Rate
11% CIFTA Free 5.5% 7% 7%
Final Rate
7.2%
---Food preparations of goods of heading Nos. 04.01 to 04.04 containing 50% or more on a dry weight basis of milk solids:
1901.90.51 ----Ice cream mixes or icemilk mixes, within access commitment G 5% N/A N/A N/A
Base Rate
15.5% 7.7%
Final Rate
6.7%
1901.90.52 ----Ice cream mixes or icemilk mixes, over access commitment G X N/A N/A N/A N/A
Base Rate
315.1% but not less than $1.36/kg
Final Rate
267.8% but not less than $1.16/kg
1901.90.53 ----Other, not in retail packaging, within access commitment G 5% N/A N/A N/A
Base Rate
15.5% 7.7%
Final Rate
6.7%
1901.90.54 ----Other, not in retail packaging, over access commitment G X N/A N/A N/A N/A
Base Rate
295.2% but not less than $3.42/kg
Final Rate
250.9% but not less than $2.91/kg
1901.90.59 ----Other G 5% N/A C
Base Rate
15.5% 7.7% 7.5%
Final Rate
9.9%
2005.90.92 ----Carrots G X N/A B
Base Rate
12.5% 6.2% 6.2%
Final Rate
8%
2008.40.20 ---Chips G X N/A B
Base Rate
15%
CIFTA
Free 7.5% 7.5%
Final Rate
9.6%
2008.99.12 ----Chips G X N/A B
Base Rate
5%
CIFTA
Free 2.5% 2.5%
Final Rate
4.3%
---Of nylon:
5402.41.11 ----Partially oriented J 5% Free N/A A
Base Rate
10% 5% and 5.5¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
5402.41.19 ----Other J 5% Free N/A A
Base Rate
10% 5% and 5.5¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
---Other:
5402.41.91 ----Partially oriented J 5% N/A B+
Base Rate
10% 5% and 5.5¢/kg 6.5% and 8.52¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
5402.41.99 ----Other J 5% N/A B+
Base Rate
10% 5% and 5.5¢/kg 6.5% and 8.52¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
---Other parts of the goods of heading No. 85.25 or 85.27 (excluding parts of cellular telephones):
8529.90.61 ----Incorporating printed circuit assemblies, of goods of subheading No. 8525.10 or 8525.20 M Free Free Free Free A
Initial Rate
4%
BPT
Free
Final Rate
Free
8529.90.69 ----Other BPT M Free Free Free Free A
Initial Rate
4%
BPT
Free
Final Rate
Free
9827.00.00 Goods, regardless of country of origin or tariff treatment entitlement, other than goods of tariff item No. 9820.00.00, returned to Canada after having been exported to Israel or a CIFTA beneficiary for repair or alteration N/A
CIFTA
Free N/A N/A N/A N/A N/A N/A
9828.00.00 Kosher goods of heading No. 22.04 or 22.05 that originate in Israel or a CIFTA beneficiary N/A
CIFTA
Free N/A N/A N/A N/A N/A N/A
Canada-Israel Free Trade Agreement Implementation Act
C-6.4331996
NOW, THEREFORE, 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-Israel Free Trade Agreement Implementation Act.
Interpretation
Definitions
2
(1)
The definitions in this subsection apply in this Act.
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)
Commission means the Joint Commission established under paragraph 1 of Article 18.1 of the Agreement. (Commission)
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, 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)
Publication of Agreement
(2)
The Agreement shall be published in the Canada Treaty Series.
1996, c. 33, s. 22019, c. 6, s. 2
Interpretation consistent with Agreement
3
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.
Purpose
Purpose
4
The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
(a)
strengthen the bilateral commercial relationship between Canada and the State of Israel;
(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;
(c)
ensure a high level of environmental protection through comprehensive and legally-binding commitments;
(d)
build on the respective international commitments of Canada and the State of Israel on labour matters; and
(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.
1996, c. 33, s. 42019, c. 6, s. 3
Her Majesty
Binding on Her Majesty
5
This Act is binding on Her Majesty in right of Canada.
General
Causes 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.
Causes of action under the Agreement
(2)
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.
Non-application of Agreement to water
7
For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
1996, c. 33, s. 72019, c. 6, s. 4
PART I
Implementation of Agreement Generally
Approval of Agreement
Agreement approved
8
The Agreement is hereby approved.
Designation of Minister
Order designating Minister
9
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.
Administrative and Institutional Provisions
Appointment of representative on the Commission
10
The Minister for International Trade is the principal representative of Canada on the Commission.
Payment of expenditures
11
The Government of Canada shall pay its appropriate share of any expenditures incurred by or on behalf of the Commission.
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies
Powers of Minister for International Trade
12
(1)
The Minister for International Trade may
(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;
(b)
appoint a panellist in accordance with paragraph 2 of Article 19.7 of the Agreement; and
(c)
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 19.7.
Powers of Minister of Labour
(2)
The Minister of Labour may
(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;
(b)
appoint a panellist in accordance with paragraph 4 of Annex 12.13.3 of the Agreement; and
(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.
1996, c. 33, s. 122019, c. 6, s. 5
Administrative support
13
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.
1996, c. 33, s. 132019, c. 6, s. 5
Payment of costs
14
The Government of Canada is to pay the costs of or its appropriate share of the costs of
(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
(b)
the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
1996, c. 33, s. 142019, c. 6, s. 5
Orders
Orders — 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:
(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;
(b)
modify or suspend the application of any federal law, with respect to the State of Israel or to goods of Israel;
(c)
extend the application of any federal law to the State of Israel or to goods of Israel;
(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.
1996, c. 33, s. 152019, c. 6, s. 5
PART II
Consequential Amendments
16 to 61
[Amendments]
PART III
Coming into Force
Coming 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.
Condition
(2)
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.]
SCHEDULE
Tariff Item Description of Goods Most-Favoured-Nation Tariff MFN Staging Category General Preferential Tariff United States Tariff Mexico Tariff Mexico-United States Tariff NAFTA Staging Category
---Roses:
0603.10.21 ----Roses where the aggregate quantity imported during any year commencing on January 1 has not exceeded the quantity specified in an order made pursuant to section 58.3
N/A
CIFTA
Free
N/A N/A N/A N/A N/A N/A
0603.10.29 ----Other G X N/A N/A N/A
Base Rate
12.5%
BPT
Free 6.2%
Final Rate
10.6%
0712.90.40 ---Garlic G X N/A B
Base Rate
10% 5% 5%
Final Rate
6.4%
0902.10 -Green tea (not fermented) in immediate packings of a content not exceeding 3 kg
0902.10.10 ---In bags for individual servings Free K Free Free Free N/A D
0902.10.90 ---Other Free K Free Free Free N/A D
0902.30 -Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg
0902.30.10 ---In bags for individual servings Free K Free Free Free N/A D
0902.30.90 ---Other Free K Free Free Free N/A D
1211.10 -Liquorice roots
1211.10.10 ---Tea in bags for individual servings Free K Free Free Free N/A D
1211.10.90 ---Other Free K Free Free Free N/A D
1211.20 -Ginseng roots
1211.20.10 ---Tea in bags for individual servings Free K Free Free Free N/A D
1211.20.90 ---Other Free K Free Free Free N/A D
1211.90 -Other
1211.90.10 ---Tea in bags for individual servings Free K Free Free Free N/A D
1211.90.90 ---Other Free K Free Free Free N/A D
1604.20.20 ---Gefilte fish F 7% B
Base Rate
11% CIFTA Free 5.5% 7% 7%
Final Rate
7.2%
---Food preparations of goods of heading Nos. 04.01 to 04.04 containing 50% or more on a dry weight basis of milk solids:
1901.90.51 ----Ice cream mixes or icemilk mixes, within access commitment G 5% N/A N/A N/A
Base Rate
15.5% 7.7%
Final Rate
6.7%
1901.90.52 ----Ice cream mixes or icemilk mixes, over access commitment G X N/A N/A N/A N/A
Base Rate
315.1% but not less than $1.36/kg
Final Rate
267.8% but not less than $1.16/kg
1901.90.53 ----Other, not in retail packaging, within access commitment G 5% N/A N/A N/A
Base Rate
15.5% 7.7%
Final Rate
6.7%
1901.90.54 ----Other, not in retail packaging, over access commitment G X N/A N/A N/A N/A
Base Rate
295.2% but not less than $3.42/kg
Final Rate
250.9% but not less than $2.91/kg
1901.90.59 ----Other G 5% N/A C
Base Rate
15.5% 7.7% 7.5%
Final Rate
9.9%
2005.90.92 ----Carrots G X N/A B
Base Rate
12.5% 6.2% 6.2%
Final Rate
8%
2008.40.20 ---Chips G X N/A B
Base Rate
15%
CIFTA
Free 7.5% 7.5%
Final Rate
9.6%
2008.99.12 ----Chips G X N/A B
Base Rate
5%
CIFTA
Free 2.5% 2.5%
Final Rate
4.3%
---Of nylon:
5402.41.11 ----Partially oriented J 5% Free N/A A
Base Rate
10% 5% and 5.5¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
5402.41.19 ----Other J 5% Free N/A A
Base Rate
10% 5% and 5.5¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
---Other:
5402.41.91 ----Partially oriented J 5% N/A B+
Base Rate
10% 5% and 5.5¢/kg 6.5% and 8.52¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
5402.41.99 ----Other J 5% N/A B+
Base Rate
10% 5% and 5.5¢/kg 6.5% and 8.52¢/kg
On and after January 1, 2000
9.8%
On and after January 1, 2001
9.4%
On and after January 1, 2002
8.9%
On and after January 1, 2003
8.5%
On and after January 1, 2004
8%
---Other parts of the goods of heading No. 85.25 or 85.27 (excluding parts of cellular telephones):
8529.90.61 ----Incorporating printed circuit assemblies, of goods of subheading No. 8525.10 or 8525.20 M Free Free Free Free A
Initial Rate
4%
BPT
Free
Final Rate
Free
8529.90.69 ----Other BPT M Free Free Free Free A
Initial Rate
4%
BPT
Free
Final Rate
Free
9827.00.00 Goods, regardless of country of origin or tariff treatment entitlement, other than goods of tariff item No. 9820.00.00, returned to Canada after having been exported to Israel or a CIFTA beneficiary for repair or alteration N/A
CIFTA
Free N/A N/A N/A N/A N/A N/A
9828.00.00 Kosher goods of heading No. 22.04 or 22.05 that originate in Israel or a CIFTA beneficiary N/A
CIFTA
Free N/A N/A N/A N/A N/A N/A