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Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)

Assented to 2020-03-13

PART 2Related Amendments (continued)

1997, c. 36Customs Tariff (continued)

201 Paragraph 132(1)(m) of the Act is amended by adding the following after subparagraph (i):

  • (i.1) amending that tariff item to exclude goods that are mined, manufactured or produced wholly or in part by forced labour from that tariff item, or prescribing the conditions under which such goods may be excluded from that tariff item,

Marginal note:2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(1), c. 28, s. 54(1); 2018, c. 23, s. 46(1)

  • 202 (1) Paragraph 133(j) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

  • (2) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

  • Marginal note:2012, c. 18, s. 39, c. 26, ss. 48 and 62(43); 2014, c. 14, s. 46(2), c. 28, s. 54(2); 2018, c. 23, s. 46(2)

    (3) Paragraph 133(j.1) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

  • (4) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, references to “Mexico” and “United States” in the list of countries.

  • 203 (1) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the references to “MT” and “MUST” opposite the reference to “Mexico”.

  • (2) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “Puerto Rico”.

  • (3) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by striking out, in the column “Tariff Treatment / Other”, the reference to “MUST” opposite the reference to “United States of America”.

  • (4) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended by adding, in the column “Tariff Treatment / Other”, a reference to “MXT” opposite the reference to “Mexico”.

  • 204 (1) The List of Tariff Provisions set out in the schedule to the Act is amended by striking out all the references to “UST:”, “MT:” and “MUST:” and all the rates of customs duty and staging categories that are set out after those references and are in respect of the tariffs in question.

  • (2) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, above the reference to “CT”, a reference to “UST:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “CT”, a reference to “UST:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “UST”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “UST”, for all tariff items except those tariff items set out in Schedules 2 to 4 to this Act;

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “UST” for those tariff items set out in Schedule 2 to this Act; and

    • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “UST”, for each tariff item set out in Schedule 3 to this Act, the rates of customs duty and staging categories set out with respect to that tariff item in that Schedule.

  • (3) The List of Tariff Provisions set out in the schedule to the Act is amended by

    • (a) adding in the column “Preferential Tariff / Initial Rate”, below the reference to “UST”, a reference to “MXT:”;

    • (b) adding in the column “Preferential Tariff / Final Rate”, below the reference to “UST”, a reference to “MXT:”;

    • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “MXT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “MXT”, for all tariff items except those tariff items set out in Schedule 5 to this Act; and

    • (d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate”, a reference to “N/A” after the abbreviation “MXT” for those tariff items set out in Schedule 5 to this Act.

  • (4) Supplementary Note 1 to Chapter 16 of the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

    • 1 “Specially defined mixtures” of tariff item Nos. 1602.31.11, 1602.31.92, 1602.32.11 and 1602.32.92 means a product containing partially or fully cooked, including par-fried, chicken or turkey where 13% or more of the total weight of the product is comprised of goods other than the following listed goods: chicken, turkey, breading, batter, oil, glazing, sauces, other coatings or bastes, or any added water (including that used in marination, glazing, sauces, other coatings, bastes, breading or batter). For the purposes of this definition, whether 13% or more of the total weight of the product is comprised of goods other than the listed goods shall be determined by calculating the total weight of listed goods contained in that product as a percentage of the total weight of the product.

  • (5) Supplementary Note 1 to Section XI of the List of Tariff Provisions set out in the schedule to the Act and the heading before that supplementary note are struck out.

  • (6) Subparagraph (b)(iv) of the Description of Goods of tariff item No. 9801.10.20 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

    • (iv) have an internal volume of at least 1 m3;

  • (7) Paragraph (f) set out below the reference to “Used or second-hand motor vehicles of all kinds, manufactured prior to the calendar year in which importation into Canada is sought to be made, other than motor vehicles” of the Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following:

    • (f) imported from Mexico

  • (8) The Description of Goods of tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding the following after the reference “Goods manufactured or produced wholly or in part by prison labour”:

    Goods mined, manufactured or produced wholly or in part by forced labour;

  • (9) The Description of Goods of tariff item No. 9938.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) indigenous handicraft goods.

  • 205 (1) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by striking out all the references to “MT:” and “MUST:” and all the rates of customs duty and dates that are set out after those references and are in respect of the tariffs in question.

  • (2) The List of Intermediate and Final Rates for the Tariff Items of the “F” Staging Category set out in the schedule to the Act is amended by adding, in numerical order, the tariff items set out in Schedule 4 to this Act.

2002, c. 28Pest Control Products Act

206 Subsections 67(3) and (4) of the Pest Control Products Act are replaced by the following:

  • Marginal note:Regulations re WTO Agreement

    (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to pest control products, Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

  • Marginal note:Definition of WTO Agreement

    (4) In subsection (3), WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

2019, c. 28, s. 10Canadian Energy Regulator Act

207 Paragraph 353(1)(g) of the Canadian Energy Regulator Act is replaced by the following:

  • (g) exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).

  • 208 (1) The definition NAFTA in section 373 of the Act is repealed.

  • (2) Section 373 of the Act is amended by adding the following in alphabetical order:

    CUSMA

    CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)

209 Subsections 374(1) and (2) of the Act are replaced by the following:

Marginal note:Principle

  • 374 (1) In exercising its powers and performing its duties and functions, the Regulator must give effect to CUSMA, the CCFTA and the CCRFTA.

  • Marginal note:Directions

    (2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to CUSMA, the CCFTA or the CCRFTA by the Regulator for the purposes of this Act.

210 Sections 375 and 376 of the Act are replaced by the following:

Marginal note:Declaration of Governor in Council

375 The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article C-13 of the CCFTA or Article III.11 of the CCRFTA, as the case may be.

Marginal note:Request for declaration

376 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made.

211 Subsections 377(1) and (2) of the Act are replaced by the following:

Marginal note:Exportation to Chile or Costa Rica

  • 377 (1) The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in an order made under section 375 while the order is in force.

212 The portion of section 378 of the Act before paragraph (a) is replaced by the following:

Marginal note:No declaration made

378 Despite not being satisfied that the criteria set out in section 345 have been met, the Commission may issue a licence for the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in a request made under section 376 if

PART 3Coming into Force

Marginal note:Order in council

  • 213 (1) Subject to subsections (2) to (4), this Act comes into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:First anniversary

    (2) Sections 21 and 153 to 182 come into force on the earlier of

    • (a) a day to be fixed by order of the Governor in Council, and

    • (b) the day before the first anniversary of the day fixed under subsection (1).

  • Marginal note:Sixth anniversary

    (3) Subsection 114(1), section 115, subsection 118(1) and sections 119, 121 to 126, 128, 130, 132 and 135 come into force on the sixth anniversary of the day fixed under subsection (1).

  • Marginal note:Order in council

    (4) Subsection 137(1) comes into force on a day to be fixed by order of the Governor in Council.

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