An Act to implement the Free Trade Agreement between Canada and the Republic of Panama, the Agreement on the Environment between Canada and the Republic of Panama and the Agreement on Labour Cooperation between Canada and the Republic of Panama
Canada–Panama Economic Growth and Prosperity Act
C-7.95262012
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–Panama Economic Growth and Prosperity Act.
Interpretation
Definitions
2
The following definitions apply in this Act.
Agreement means the Free Trade Agreement between Canada and the Republic of Panama, done at Ottawa on May 14, 2010. (Accord)
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)
Joint Commission means the Joint Commission established under Article 21.01 of the Agreement. (Commission mixte)
Minister means the Minister for International Trade. (ministre)
related agreement means
(a)
the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010; or
(b)
the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010. (accord connexe)
Interpretation consistent with agreements
3
For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.
Non-application of Act or Agreement to water
4
For greater certainty, nothing in this Act or 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 a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related 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 and the related agreements, the objectives of which, as elaborated more specifically through their 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 Republic of Panama in order to foster, in both countries, the advancement of economic activity;
(c)
provide fair conditions of competition affecting trade between Canada and the Republic of Panama;
(d)
substantially increase investment opportunities in Canada and the Republic of Panama;
(e)
contribute, by the removal of barriers to trade, to the harmonious development and expansion of world and regional trade;
(f)
enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Panama on environmental matters;
(g)
protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Panama on labour matters; and
(h)
promote sustainable development.
Causes of Action
Causes of action under Part 1
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 Part 1 or an order made under that Part.
Causes of action under the Agreement or a related agreement
(2)
Subject to Section C of Chapter 9 of the Agreement and Part Three and Annex 3 of the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, 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 or a related agreement.
PART 1
Implementation of the Agreement and the Related Agreements
Approval
Agreements approved
9
The Agreement and the related agreements are approved.
Administrative and Institutional Provisions
Canadian representative on Joint Commission
10
The Minister is the principal representative of Canada on the Joint Commission.
Payment of expenditures
11
The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Commission.
Panels, Committees, Subcommittees, Working Groups and Expert Groups
Powers of Minister
12
(1)
The Minister may
(a)
appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 21.01 of the Agreement;
(b)
appoint a panellist in accordance with Article 22.08 of the Agreement; and
(c)
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 22.08.
Powers of Minister of the Environment
(2)
The Minister of the Environment may
(a)
appoint representatives of Canada to the committee referred to in Article 17 of the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010;
(b)
appoint a panellist in accordance with paragraph 11 of Annex I to that Agreement; and
(c)
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that paragraph.
Powers of the Minister of Labour
(3)
The Minister of Labour may
(a)
appoint representatives of Canada to any committee, working group or expert group referred to in Article 7 of the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010;
(b)
appoint a panellist in accordance with paragraph 4 of Annex 2 to that Agreement; and
(c)
propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that paragraph.
Administrative support
13
The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 22 of the Agreement and to provide administrative assistance to panels established under that Chapter.
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 and expert groups, to independent experts and to the assistants of panel members; and
(b)
the general expenses incurred by panels, committees, subcommittees, working groups and expert groups.
Orders
Orders re Article 22.13 of Agreement
15
(1)
The Governor in Council may, for the purpose of suspending benefits in accordance with Article 22.13 of the Agreement, by order, do any one or more of the following:
(a)
suspend rights or privileges granted by Canada to the Republic of Panama or to goods of the Republic of Panama under the Agreement or any federal law;
(b)
modify or suspend the application of any federal law, with respect to the Republic of Panama or to goods of the Republic of Panama;
(c)
extend the application of any federal law to the Republic of Panama or to goods of the Republic of Panama; and
(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
Canadian International Trade Tribunal Act
16
[Amendments]
17
[Amendment]
18
[Amendment]
19
[Repealed, 2012, c. 26, s. 62]
20
[Amendment]
21
[Amendment]
22
[Amendment]
Commercial Arbitration Act
23
[Amendment]
24
[Amendment]
25
[Amendment]
26
[Amendment]
27
[Amendment]
Crown Liability and Proceedings Act
28
[Repealed, 2012, c. 26, s. 62]
29
[Amendment]
Customs Act
30
[Amendments]
31
[Repealed, 2012, c. 26, s. 62]
32
[Repealed, 2012, c. 26, s. 62]
33
[Repealed, 2012, c. 26, s. 62]
34
[Repealed, 2012, c. 26, s. 62]
35
[Repealed, 2012, c. 26, s. 62]
36
[Repealed, 2012, c. 26, s. 62]
37
[Amendment]
Customs Tariff
38
[Amendment]
39
[Amendment]
40
[Amendment]
41
[Amendment]
42
[Amendment]
43
[Amendment]
44
[Amendment]
45
[Amendment]
46
[Amendment]
47
[Amendment]
48
[Amendment]
49
[Amendments]
Department of Human Resources and Skills Development Act
50
[Amendment]
Export and Import Permits Act
51
[Amendment]
52
[Amendment]
53
[Amendment]
54
[Amendment]
Financial Administration Act
55
[Repealed, 2012, c. 26, s. 62]
56
[Amendment]
Importation of Intoxicating Liquors Act
57
[Amendment]
58
[Amendment]
59
[Amendment]
PART 3
Coordinating Amendments and Coming into Force
Coordinating Amendments
60
[Amendment]
61
[Amendments]
62
[Amendments]
63
[Amendments]
64
[Amendments]
Coming into Force
Order in council
*65
This Act, other than sections 60 to 64, comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Act, other than sections 60 to 64, in force April 1, 2013, see SI/2013-16.]
SCHEDULE 1
(Section 26)
[Amendment]
SCHEDULE 2
(Section 29)
[Amendment]
SCHEDULE 3
(Section 37)
[Amendment]
SCHEDULE 4
(Paragraphs 49(1)(c) and (d))
[Amendment]
SCHEDULE 5
(Paragraphs 49(1)(c) and (e))
[Amendment]
SCHEDULE 6
(Section 50)
[Amendment]
SCHEDULE 7
(Section 54)
[Amendment]
SCHEDULE 8
(Section 56)
[Amendment]
SCHEDULE 9
(Section 59)
[Amendment]
SCHEDULE 10
(Paragraphs 64(4)(b) and (5)(c) and (e))
[Amendment]
Canada–Panama Economic Growth and Prosperity Act
C-7.95262012
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–Panama Economic Growth and Prosperity Act.
Interpretation
Definitions
2
The following definitions apply in this Act.
Agreement means the Free Trade Agreement between Canada and the Republic of Panama, done at Ottawa on May 14, 2010. (Accord)
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)
Joint Commission means the Joint Commission established under Article 21.01 of the Agreement. (Commission mixte)
Minister means the Minister for International Trade. (ministre)
related agreement means
(a)
the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010; or
(b)
the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010. (accord connexe)
Interpretation consistent with agreements
3
For greater certainty, this Act and any federal law that implements a provision of the Agreement or a related agreement or fulfils an obligation of the Government of Canada under the Agreement or a related agreement is to be interpreted in a manner consistent with the Agreement or related agreement, as the case may be.
Non-application of Act or Agreement to water
4
For greater certainty, nothing in this Act or 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 a related agreement or fulfil any of the obligations of the Government of Canada under the Agreement or a related 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 and the related agreements, the objectives of which, as elaborated more specifically through their 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 Republic of Panama in order to foster, in both countries, the advancement of economic activity;
(c)
provide fair conditions of competition affecting trade between Canada and the Republic of Panama;
(d)
substantially increase investment opportunities in Canada and the Republic of Panama;
(e)
contribute, by the removal of barriers to trade, to the harmonious development and expansion of world and regional trade;
(f)
enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Panama on environmental matters;
(g)
protect, enhance and enforce basic workers’ rights, strengthen cooperation and build on the respective international commitments of Canada and the Republic of Panama on labour matters; and
(h)
promote sustainable development.
Causes of Action
Causes of action under Part 1
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 Part 1 or an order made under that Part.
Causes of action under the Agreement or a related agreement
(2)
Subject to Section C of Chapter 9 of the Agreement and Part Three and Annex 3 of the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010, 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 or a related agreement.
PART 1
Implementation of the Agreement and the Related Agreements
Approval
Agreements approved
9
The Agreement and the related agreements are approved.
Administrative and Institutional Provisions
Canadian representative on Joint Commission
10
The Minister is the principal representative of Canada on the Joint Commission.
Payment of expenditures
11
The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Joint Commission.
Panels, Committees, Subcommittees, Working Groups and Expert Groups
Powers of Minister
12
(1)
The Minister may
(a)
appoint representatives of Canada to any committee, subcommittee or working group referred to in paragraph 6 of Article 21.01 of the Agreement;
(b)
appoint a panellist in accordance with Article 22.08 of the Agreement; and
(c)
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 22.08.
Powers of Minister of the Environment
(2)
The Minister of the Environment may
(a)
appoint representatives of Canada to the committee referred to in Article 17 of the Agreement on the Environment between Canada and the Republic of Panama, done at Ottawa on May 13, 2010;
(b)
appoint a panellist in accordance with paragraph 11 of Annex I to that Agreement; and
(c)
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that paragraph.
Powers of the Minister of Labour
(3)
The Minister of Labour may
(a)
appoint representatives of Canada to any committee, working group or expert group referred to in Article 7 of the Agreement on Labour Cooperation between Canada and the Republic of Panama, done at Ottawa on May 13, 2010;
(b)
appoint a panellist in accordance with paragraph 4 of Annex 2 to that Agreement; and
(c)
propose candidates to serve as the chairperson of a panel, or select the chairperson, in accordance with that paragraph.
Administrative support
13
The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 22 of the Agreement and to provide administrative assistance to panels established under that Chapter.
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 and expert groups, to independent experts and to the assistants of panel members; and
(b)
the general expenses incurred by panels, committees, subcommittees, working groups and expert groups.
Orders
Orders re Article 22.13 of Agreement
15
(1)
The Governor in Council may, for the purpose of suspending benefits in accordance with Article 22.13 of the Agreement, by order, do any one or more of the following:
(a)
suspend rights or privileges granted by Canada to the Republic of Panama or to goods of the Republic of Panama under the Agreement or any federal law;
(b)
modify or suspend the application of any federal law, with respect to the Republic of Panama or to goods of the Republic of Panama;
(c)
extend the application of any federal law to the Republic of Panama or to goods of the Republic of Panama; and
(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
Canadian International Trade Tribunal Act
16
[Amendments]
17
[Amendment]
18
[Amendment]
19
[Repealed, 2012, c. 26, s. 62]
20
[Amendment]
21
[Amendment]
22
[Amendment]
Commercial Arbitration Act
23
[Amendment]
24
[Amendment]
25
[Amendment]
26
[Amendment]
27
[Amendment]
Crown Liability and Proceedings Act
28
[Repealed, 2012, c. 26, s. 62]
29
[Amendment]
Customs Act
30
[Amendments]
31
[Repealed, 2012, c. 26, s. 62]
32
[Repealed, 2012, c. 26, s. 62]
33
[Repealed, 2012, c. 26, s. 62]
34
[Repealed, 2012, c. 26, s. 62]
35
[Repealed, 2012, c. 26, s. 62]
36
[Repealed, 2012, c. 26, s. 62]
37
[Amendment]
Customs Tariff
38
[Amendment]
39
[Amendment]
40
[Amendment]
41
[Amendment]
42
[Amendment]
43
[Amendment]
44
[Amendment]
45
[Amendment]
46
[Amendment]
47
[Amendment]
48
[Amendment]
49
[Amendments]
Department of Human Resources and Skills Development Act
50
[Amendment]
Export and Import Permits Act
51
[Amendment]
52
[Amendment]
53
[Amendment]
54
[Amendment]
Financial Administration Act
55
[Repealed, 2012, c. 26, s. 62]
56
[Amendment]
Importation of Intoxicating Liquors Act
57
[Amendment]
58
[Amendment]
59
[Amendment]
PART 3
Coordinating Amendments and Coming into Force
Coordinating Amendments
60
[Amendment]
61
[Amendments]
62
[Amendments]
63
[Amendments]
64
[Amendments]
Coming into Force
Order in council
*65
This Act, other than sections 60 to 64, comes into force on a day to be fixed by order of the Governor in Council.
*
[Note: Act, other than sections 60 to 64, in force April 1, 2013, see SI/2013-16.]
SCHEDULE 1
(Section 26)
[Amendment]
SCHEDULE 2
(Section 29)
[Amendment]
SCHEDULE 3
(Section 37)
[Amendment]
SCHEDULE 4
(Paragraphs 49(1)(c) and (d))
[Amendment]
SCHEDULE 5
(Paragraphs 49(1)(c) and (e))
[Amendment]
SCHEDULE 6
(Section 50)
[Amendment]
SCHEDULE 7
(Section 54)
[Amendment]
SCHEDULE 8
(Section 56)
[Amendment]
SCHEDULE 9
(Section 59)
[Amendment]
SCHEDULE 10
(Paragraphs 64(4)(b) and (5)(c) and (e))
[Amendment]