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

Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10); 2005, c. 38, par. 135(b)(E)

• 83 (1) Subsections 77.011(1) to (4) of the Act are replaced by the following:

  Marginal note:Request for review of definitive decision

  • 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.

  • Marginal note:Idem

    (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

  • Marginal note:Deeming

    (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.

  • Marginal note:Limitation period

    (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country.

• Marginal note:1993, c. 44, s. 218

  (2) Subsection 77.011(6) of the Act is replaced by the following:

  • Marginal note:Notification of request for review

    (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.

Marginal note:1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)

• 84 (1) Subparagraph 77.012(1)(a)(ii) of the English version of the Act is replaced by the following:

  • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and

• Marginal note:1999, c. 12, s. 39

  (2) Paragraph 77.012(1)(b) of the English version of the Act is replaced by the following:

  • (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

• Marginal note:1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)

  (3) Subsection 77.012(1) of the French version of the Act is replaced by the following:

  Marginal note:Demandes et appels

  • 77.012 (1) Nul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.

• Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

  (4) Subsection 77.012(2) of the English version of the Act is replaced by the following:

  • Marginal note:Limitation period extended

    (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

Marginal note:1993, c. 44, s. 218

• 85 (1) Subsection 77.013(1) of the Act is replaced by the following:

  Marginal note:Appointment of panel

  • 77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

• Marginal note:2017, c. 20, s. 94

  (2) Subsection 77.013(3) of the Act is replaced by the following:

  • Marginal note:Single panel

    (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.

Marginal note:1993, c. 44, s. 218

• 86 (1) Subsection 77.015(1) of the Act is replaced by the following:

  Marginal note:Conduct of review

  • 77.015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules.

• Marginal note:1993, c. 44, s. 218

  (2) Subsection 77.015(5) of the Act is replaced by the following:

  • Marginal note:Decision

    (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.

Marginal note:1993, c. 44, s. 218

87 Sections 77.017 and 77.018 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 218

• 88 (1) Subsection 77.019(1) of the Act is replaced by the following:

  Marginal note:Conduct of extraordinary challenge proceeding

  • 77.019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules.

• Marginal note:1993, c. 44, s. 218

  (2) Subsection 77.019(6) of the Act is replaced by the following:

  • Marginal note:Decision

    (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.

Marginal note:1993, c. 44, s. 218

89 Subsection 77.021(1) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

90 Section 77.022 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

91 Section 77.023 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

92 Subsection 77.024(1) of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218

93 Section 77.025 of the Act is replaced by the following:

Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

94 Sections 77.027 and 77.028 of the Act are replaced by the following:

Marginal note:1993, c. 44, s. 218

• 95 (1) Subsection 77.029(1) of the Act is replaced by the following:

  Marginal note:Suspension of benefits

  • 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.

• Marginal note:1993, c. 44, s. 218

  (2) The portion of subsection 77.029(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Powers

    (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

• Marginal note:1993, c. 44, s. 218

  (3) Paragraph 77.029(2)(a) of the Act is replaced by the following:

  • (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament;

• Marginal note:1993, c. 44, s. 218

  (4) Subsection 77.029(6) of the Act is replaced by the following:

  • Marginal note:Action consistent with determination

    (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination.