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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)

R.S., c. E-19Export and Import Permits Act (continued)

Marginal note:2001, c. 28, s. 49

  •  (1) Subsection 6.1(1) of the Act is replaced by the following:

    Marginal note:Definition of originating goods

    • 6.1 (1) In this section, originating goods means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Chile Tariff or the Costa Rica Tariff.

  • Marginal note:2001, c. 28, s. 49

    (2) The portion of subsection 6.1(2) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:When Minister may take measures

      (2) If at any time it appears to the satisfaction of the Minister that any goods that are referred to in paragraph (b) or (c) and are not originating goods are being imported from Chile or from Costa Rica, as the case may be, in such increased quantities, measured in absolute terms or relative to the domestic market, and under such conditions as to cause serious damage or actual threat of serious damage to domestic producers of like or directly competitive goods, the Minister may take the measures set out

  • Marginal note:2001, c. 28, s. 49

    (3) Subsection 6.1(3) of the Act is replaced by the following:

    • Marginal note:Factors to be considered

      (3) In determining whether the conditions referred to in subsection (2) exist, the Minister shall have regard to paragraph 2 of section 3 of Annex C-00-B of CCFTA or paragraph 2 of section 4 of Annex III.1 of CCRFTA, as the case may be.

Marginal note:2017, c. 6, s. 20

  •  (1) Subsection 6.2(1.1) of the Act is replaced by the following:

    • Marginal note:Determination of quantities — export

      (1.1) If any goods, other than softwood lumber products to which section 6.3 applies, have been included on the Export Control List for a purpose referred to in paragraph 3(1)(d) or (f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.1) or section 8.31.

  • (2) Section 6.2 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Export charges on certain dairy products — CUSMA

      (5) The Minister may impose and collect export charges in accordance with Article 3.A.3 of CUSMA.

Marginal note:1997, c. 14, s. 75

 Subsection 8(3) of the Act is replaced by the following:

  • Marginal note:Goods imported from free trade partner

    (3) If an order has been made under subsection 5(3) or (3.2) that applies, by virtue of subsection 5(4), to goods imported from a free trade partner, or an order has been made under subsection 5(4.1), the Minister shall, in determining whether to issue a permit under this section, be guided, as the case may be, by

    • (a) Article 10.2 of CUSMA;

    • (b) subparagraph 5(b) of Article F-02 of CCFTA; or

    • (c) subparagraph 5(b) of Article 4.6 of CIFTA.

 Section 12 of the Act is amended by adding the following after paragraph (c):

  • (c.01) respecting export charges referred to in subsection 6.2(5);

 Schedule 2 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Schedules to Annex 302.2, in accordance with Appendix 6 of Annex 300-B”.

 Schedule 2 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Schedules to Annex 2-B in accordance with Annex 6-A”.

 Schedule 3 to the Act is amended by striking out, in column 1, the reference to “NAFTA” and the corresponding reference in column 2 to “Appendix 1.1 of Annex 300-B”.

 Schedule 3 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA” in column 1 and a corresponding reference in column 2 to “Section C of Annex 6-A”.

 Schedule 4 to the Act is amended by striking out, in column 1, the reference to “NAFTA country”, the corresponding reference in column 2 to “Appendix 6 to Annex 300-B of NAFTA” and the corresponding reference in column 3 to “Schedules to Annex 302.2 of NAFTA, in accordance with Appendix 6 to Annex 300-B of NAFTA”.

 Schedule 4 to the Act is amended by adding, in alphabetical order, a reference to “CUSMA country” in column 1, a corresponding reference to “Annex 6-A” in column 2 and a corresponding reference to “Schedules to Annex 2-B in accordance with Section C of Annex 6-A” in column 3.

R.S., c. F-10Fertilizers Act

Marginal note:1994, c. 47, s. 115

 Subsections 5(2) and (3) of the Fertilizers Act are replaced by the following:

  • Marginal note:Regulations — international agreements

    (2) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations the Governor in Council considers necessary for the purpose of implementing, in relation to fertilizers or supplements, any of the following provisions:

    • (a) Article 20.45 of the Canada–United States–Mexico Agreement;

    • (b) paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement; or

    • (c) Article 18.47 of the Trans-Pacific Partnership Agreement as incorporated by reference into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership by Article 1 of that Agreement.

  • Marginal note:Definitions

    (3) The following definitions apply in subsection (2).

    Canada–United States–Mexico Agreement

    Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)

    Comprehensive and Progressive Agreement for Trans-Pacific Partnership

    Comprehensive and Progressive Agreement for Trans-Pacific Partnership has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act. (Accord de partenariat transpacifique global et progressiste)

    WTO Agreement

    WTO Agreement has the meaning assigned by the definition Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)

R.S., c. F-11Financial Administration Act

Marginal note:1993, c. 44, s. 156

 The portion of subsection 85(2) of the Financial Administration Act before paragraph (a) is replaced by the following:

  • Marginal note:Exemption for RCMP and security services

    (2) Divisions I to IV do not apply to any Crown corporation incorporated or acquired, with the written authorization of the appropriate Minister,

Marginal note:1993, c. 44, s. 157

 Division V of Part X of the Act is repealed.

 Schedule VII to the Act is amended by adding the following in alphabetical order:

  • Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019.

R.S., c. F-27Food and Drugs Act

 Section 14 of the Food and Drugs Act is replaced by the following:

Marginal note:Samples

14 No person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations.

  •  (1) Paragraph 30(1)(n) of the Act is replaced by the following:

    • (n) respecting the distribution or the conditions of distribution of drugs as samples;

  • Marginal note:2014, c. 24, s. 6(6)

    (2) Subsection 30(3) of the Act is replaced by the following:

    • Marginal note:Regulations — Canada–United States–Mexico Agreement and WTO Agreement

      (3) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.48 and 20.49 of the Canada–United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.

  • Marginal note:1994, c. 47, s. 117

    (3) The definition North American Free Trade Agreement in subsection 30(4) of the Act is repealed.

  • (4) Subsection 30(4) of the Act is amended by adding the following in alphabetical order:

    Canada–United States–Mexico Agreement

    Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (Accord Canada–États-Unis–Mexique)

R.S., c. G-10Canada Grain Act

 The heading before section 2 of the French version of the Canada Grain Act is replaced by the following:

Définitions et interprétation

Marginal note:1994, c. 45, s. 1(3)

  •  (1) The definitions contaminated and foreign grain in section 2 of the Act are repealed.

  • (2) The definitions eastern grain and western grain in section 2 of the Act are replaced by the following:

    eastern grain

    eastern grain means grain, other than imported grain, that is delivered into the Eastern Division; (grain de l’Est)

    western grain

    western grain means grain, other than imported grain, that is delivered into the Western Division; (grain de l’Ouest)

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

    imported grain

    imported grain means any grain grown outside Canada or the United States and includes screenings from such a grain and every grain product manufactured or processed from such a grain; (grain importé)

 The Act is amended by adding the following after section 2:

Marginal note:Contaminated grain

2.1 Grain is contaminated for the purposes of this Act if the grain contains any substance in sufficient quantity that the grain is either

  • (a) adulterated for the purposes of the Food and Drugs Act; or

  • (b) contaminated within the meaning of the regulations made under section 51 of the Safe Foods for Canadians Act.

 Paragraph 14(1)(a) of the Act is replaced by the following:

  • (a) recommend and establish grain grades and standards for those grades and implement a system of grading and inspection for grain to reflect adequately the quality of that grain and meet the need for efficient marketing in and outside Canada;

 The Act is amended by adding the following after section 15:

Export Certificates

Marginal note:Export certificates

15.1 The Commission may issue any certificate or other document setting out any information that the Commission considers necessary to facilitate the export of any grain.

  •  (1) The portion of paragraph 32(1)(a) of the Act before subparagraph (i) is replaced by the following:

    • (a) if the grain was grown in Canada or the United States,

  • (2) Paragraph 32(1)(b) of the Act is replaced by the following:

    • (b) if the grain was grown outside Canada or the United States, stating the country of origin of the grain or stating that the grain is imported grain and, in the prescribed circumstances,

      • (i) assigning to the grain a grade established by or under this Act or, if the grain is eligible to be assigned more than one grade, assigning to the grain the grade constituting the highest level of excellence for which the grain is eligible, and

      • (ii) stating the dockage to be separated from the grain in order that it may be eligible for the grade so assigned.

 The Act is amended by adding the following after section 58:

Marginal note:Seeds Act and Pest Control Products Act

58.1 No operator of a licensed elevator is required to receive into the elevator any grain that

  • (a) is of a variety produced from seed of a variety that is not registered under the Seeds Act for sale in or importation into Canada; or

  • (b) has in it, on it or has had applied to it a pest control product that is not registered under the Pest Control Products Act or any component or derivative of such a product.

Marginal note:1994, c. 45, s. 16

 Section 61 of the Act is replaced by the following:

Marginal note:Procedure on receipt of grain

  • 61 (1) Subject to subsection (2), if grain is lawfully offered at a licensed primary elevator for sale or storage, other than for special binning, the operator of the elevator shall, at the prescribed time and in the prescribed manner, issue a cash purchase ticket or elevator receipt stating the grade name, grade and dockage of the grain, and immediately provide it to the producer.

  • Marginal note:Dispute

    (2) If the producer and the operator of the elevator do not agree as to the grade of the grain, the dockage or a prescribed grain quality characteristic, the operator shall

    • (a) take a sample of the grain in the prescribed manner;

    • (b) deal with the sample in the prescribed manner; and

    • (c) issue an interim elevator receipt in the prescribed form.

  • Marginal note:Commission’s report

    (3) On receipt of a report from the Commission that assigns a grade in respect of the sample and that determines the dockage and each disputed grain quality characteristic, the operator of the elevator shall issue, at the prescribed time and in the prescribed manner, a cash purchase ticket or elevator receipt stating the grade name of the grain, the grade assigned in respect of the sample, the dockage so determined and each grain quality characteristic so determined, and immediately provide it to the producer.

 

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