| Notice in
Canada
Gazette
|
(5) If an order ceases to have effect under
subsection (4), the Minister shall publish a
notice to that effect in the Canada Gazette.
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| Ceases to be
in force
|
(6) This section ceases to be in force on
December 31, 2002.
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| Extension of
Chile Tariff
|
48. Notwithstanding any other provision of
this Act and for the purpose of giving effect to
Appendix 5.1 of Annex C-00-B of the
Canada-Chile Free Trade Agreement, the
Minister may, by order, amend the schedule to
extend entitlement to the Chile Tariff to any
imported goods under such conditions as are
specified in the order.
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| Limits on
reduction of
duty
|
49. (1) The Governor in Council may, on the
recommendation of the Minister, by order,
specify limits on the quantity of goods of tariff
item No. 0703.10.92, or on the aggregate
quantity of goods of tariff item No. 0810.10.11
and of goods of tariff item No. 0810.10.92,
that are entitled to the Chile Tariff, and the
limits apply during the periods that may be
specified in the order.
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| Ceases to
have effect
|
(2) This section ceases to have effect on
December 31, 2002.
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Canada-Israel Agreement Tariff
|
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| Application of
CIAT
|
50. (1) Subject to section 24, goods that
originate in Israel or another CIFTA
beneficiary are entitled to the Canada-Israel
Agreement Tariff rates of customs duty.
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| ``A'' final rate
|
(2) If ``A'' is set out in the column entitled
``Preferential Tariff'' in the List of Tariff
Provisions following the abbreviation
``CIAT'' in relation to goods entitled to the
Canada-Israel Agreement Tariff, the
Canada-Israel Agreement Tariff rate of
customs duty that applies to those goods is the
final rate.
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| ``F'' staging
for CIAT
|
(3) If ``F'' is set out in the column entitled
``Preferential Tariff'' in the List of Tariff
Provisions following the abbreviation
``CIAT'' in relation to goods entitled to the
Canada-Israel Agreement Tariff, the
Canada-Israel Agreement Tariff rate of
customs duty that applies to those goods is the
initial rate, reduced as provided in the ``F''
Staging List.
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| Limits on
reduction of
duty
|
51. The Governor in Council may, on the
recommendation of the Minister of Foreign
Affairs, by order, specify limits on the
aggregate quantity of roses of tariff item No.
0603.10.11 that are entitled to the
Canada-Israel Agreement Tariff, and the
limits apply during the periods that may be
specified in the order.
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| Definitions
|
52. (1) The Governor in Council may, on the
recommendation of the Minister, make
regulations defining the expressions ``Israel or
another CIFTA beneficiary'' and ``imported
from Israel or another CIFTA beneficiary''.
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| Incorporation
by reference
|
(2) For greater certainty, a regulation made
under subsection (1) incorporating by
reference any document or enactment may
incorporate it as amended from time to time.
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|
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|
Special Measures
|
|
| Definitions
|
53. (1) The definitions in this subsection
apply in this section.
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|
``government'
'
« gouverneme
nt »
|
``government'', in respect of a country other
than Canada, includes
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(a) a provincial, state, municipal or other
local or regional government in the
country;
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|
(b) a person, agency or institution acting
on behalf of, or under the authority of a
law or other enactment passed by, the
government of the country or a
provincial, state, municipal or other local
or regional government of the country;
and
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|
(c) an association of sovereign states of
which the country is a member.
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|
``trade
agreement''
« accord
commercial »
|
``trade agreement'' means an agreement or
arrangement relating to international trade
to which the Government of Canada is a
party.
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|
| Governor in
Council may
make orders
|
(2) Notwithstanding this Act or any other
Act of Parliament, the Governor in Council
may, on the recommendation of the Minister
and of the Minister of Foreign Affairs, by
order, for the purpose of enforcing Canada's
rights under a trade agreement in relation to a
country or of responding to acts, policies or
practices of the government of a country that
adversely affect, or lead directly or indirectly
to adverse effects on, trade in goods or
services of Canada, do any one or more of the
following:
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(a) suspend or withdraw rights or privileges
granted by Canada to any country under a
trade agreement or Act of Parliament;
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(b) make goods that originate in any country
or that are entitled to a tariff treatment
provided for by regulations made under
section 16, or a class of such goods, subject
to a surtax in an amount, in addition to the
customs duty provided in this Act and the
duties imposed under any Act of Parliament
or in any regulation or order made under
any Act of Parliament, for those goods or
that class of goods;
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(c) include on the Import Control List
established under section 5 of the Export
and Import Permits Act goods that originate
in any country or are entitled to a tariff
treatment provided for by any regulations
made under section 16; and
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(d) notwithstanding any regulations made
under section 16, levy, in respect of goods
or a class of goods that originate in any
country, a duty that varies from time to time
as the quantity of those goods imported
during a period specified in the order equals
or exceeds totals set out in the order.
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| Removal from
Import
Control List
|
(3) If, by an order made under subsection
(2), goods are included on the Import Control
List referred to in paragraph (2)(c), those
goods are deemed to have been removed from
that List when the order is repealed or
otherwise ceases to have effect.
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| Order tabled
in Parliament
|
(4) The Minister shall cause a copy of any
order made under subsection (2) to be laid
before Parliament on any of the first 15 days
after the making of the order that either House
of Parliament is sitting.
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| Regulations
|
(5) The Governor in Council may, on the
recommendation of the Minister, make such
regulations as the Governor in Council
considers necessary for the carrying out of the
purposes of this section and for its
enforcement.
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|
Global Emergency Measures
|
|
| Definitions
|
54. The definitions in this section apply in
sections 55 to 67.
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``contribute
importantly''
« contribuer
de manière
importante »
|
``contribute importantly'', in respect of goods
imported from a NAFTA country or from
Chile, means to be an important cause, but
not necessarily the most important cause.
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``surge''
« augmentatio
n subite »
|
``surge'', in respect of goods imported from a
NAFTA country or from Chile, has the
meaning given that word by Article 805 of
the North American Free Trade Agreement
or Article F-05 of the Canada-Chile Free
Trade Agreement, as the case may be.
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| Surtax under
certain
conditions
|
55. (1) Subject to sections 56, 57, 59 and 61,
if at any time it appears to the satisfaction of
the Governor in Council, on the basis of a
report of the Minister or of an inquiry made by
the Canadian International Trade Tribunal
under section 20 or 26 of the Canadian
International Trade Tribunal Act, that goods
are being imported under such conditions as to
cause or threaten serious injury to domestic
producers of like or directly competitive
goods, the Governor in Council may, on the
recommendation of the Minister, by order,
make any such goods imported from a country
specified in the order, when imported into
Canada or a region or part of Canada specified
in the order during the period that the order is
in effect, subject to a surtax
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(a) at a rate specified in the order; or
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|
(b) at a rate specified in the order that varies
from time to time as the quantity of those
goods imported into Canada or that region
or part of Canada during a period specified
in the order equals or exceeds quantities
specified in the order.
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| Maximum
rate
|
(2) The rate specified under subsection (1)
may not exceed the rate that in the opinion of
the Governor in Council is sufficient to
prevent or remedy serious injury to domestic
producers of like or directly competitive
goods.
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| Minister's
report
|
(3) A report of the Minister referred to in
subsection (1) may be made only if
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|
(a) there are, in the opinion of the Minister,
critical circumstances; or
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|
|
(b) the report relates to perishable
agricultural goods.
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| Inquiry
|
(4) If an order is made under subsection (1)
on the basis of a report of the Minister, the
Governor in Council shall immediately refer
the matter to the Canadian International Trade
Tribunal for an inquiry under paragraph 20(a)
of the Canadian International Trade Tribunal
Act.
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| Prohibition
against further
orders
|
(5) Subject to subsection (6), no order may
be made under subsection (1) with respect to
goods that have already been the subject of an
order made under that subsection or
subsection 5(3) of the Export and Import
Permits Act unless, after the expiry of the
order and any related orders made under
subsection 5(3.2) or (4.1) of that Act or section
60 or subsection 63(1), there has elapsed a
period equal to the greater of two years and the
total period during which the order or orders
were in effect.
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| Exception
|
(6) If an order made under subsection (1)
was effective with respect to goods for a
period of 180 days or less, a further order may
be made under that subsection with respect to
those goods if
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|
(a) at least one year has elapsed since the
previous order took effect; and
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|
(b) not more than two orders have been
made with respect to the goods under
subsection (1) within the period of five
years before the further order takes effect.
|
|
| Period and
repeal
|
56. (1) An order made under subsection
55(1)
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|
(a) subject to sections 62 and 63, has effect
for a period not exceeding four years; and
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|
(b) may be amended or repealed at any time
by the Governor in Council on the
recommendation of the Minister unless,
before that time, a resolution directing that
the order cease to have effect has been
adopted by both Houses of Parliament
under section 64.
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| Cessation
|
(2) If an order is made under subsection
55(1) on the basis of a report of the Minister,
the order ceases to have effect at the end of the
two hundredth day after the day on which the
order is made unless, before the order so
ceases to have effect, the Canadian
International Trade Tribunal reports to the
Governor in Council, on the basis of an inquiry
made under section 20 or 26 of the Canadian
International Trade Tribunal Act, that the
goods described in the report of the Minister
are being imported from a country named in
the report under such conditions as to cause or
threaten serious injury to domestic producers
of like or directly competitive goods.
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|
| Exception for
certain
agricultural
goods
|
57. (1) No order may be made under
subsection 55(1), on the basis of a report of the
Minister, with respect to
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|
|
(a) any prescribed agricultural goods that
may be subject to a surtax under subsection
68(1); or
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|
|
(b) any fresh fruit or vegetable imported
from the United States and referred to in
subsection 73(1) that may be subject to a
temporary duty under that subsection.
|
|
| Expiry date
|
(2) Paragraph (1)(b) ceases to be in force on
December 31, 2008.
|
|
| Refund orders
|
58. For the purpose of carrying out Article
6 of the Agreement on Safeguards in Annex
1A of the World Trade Organization
Agreement, the Governor in Council may, on
the recommendation of the Minister, by order,
refund any surtaxes imposed under an order
made under subsection 55(1) on the basis of a
report made by the Minister.
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| Free trade
partner
emergency
measures
|
59. (1) An order under subsection 55(1)
may be made applicable to goods of any kind
imported from a free trade partner only if it
appears to the satisfaction of the Governor in
Council, on the basis of a report under section
20 or 29 of the Canadian International Trade
Tribunal Act or a report of the Minister, that
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|
(a) the quantity of those goods represents a
substantial share of total imports of goods
of the same kind;
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|
(b) in the case of goods imported from a
NAFTA country, the quantity of those
goods, alone or, in exceptional
circumstances, together with the quantity of
goods of the same kind imported from each
other NAFTA country, contributes
importantly to serious injury or threat of
serious injury to domestic producers of like
or directly competitive goods; and
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|
|
(c) in the case of goods imported from any
other free trade partner, the quantity of
those goods contributes importantly to
serious injury or threat of serious injury to
domestic producers of like or directly
competitive goods.
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|
| Duration of
order
|
(2) If an order that applies to goods
imported from a free trade partner by virtue of
subsection (1) is made under subsection 55(1)
on the basis of a report of the Minister, the
order ceases to have effect with respect to
those goods at the end of the two hundredth
day after the day on which the order is made,
except that it remains in effect for the period,
not exceeding four years, that is specified in
the order if, before the order so ceases to have
effect, the Canadian International Trade
Tribunal reports to the Governor in Council
under the Canadian International Trade
Tribunal Act that
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|
|
(a) the quantity of those goods as described
in the report of the Minister is substantial in
comparison with the quantity of goods of
the same kind imported from other
countries;
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|
|
(b) in the case of goods imported from a
NAFTA country, the quantity of those
goods, alone or, in exceptional
circumstances, together with the quantity of
goods of the same kind imported from each
other NAFTA country, contributes
importantly to the serious injury or threat of
serious injury to domestic producers of like
or directly competitive goods; and
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|
|
(c) in the case of goods imported from any
other free trade partner, the quantity of
those goods contributes importantly to the
serious injury or threat of serious injury to
domestic producers of like or directly
competitive goods.
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|
| Repeal
|
(3) If an order that applies to goods
imported from a free trade partner in
accordance with subsection (1) is made under
subsection 55(1) on the basis of a report of the
Minister, the Governor in Council shall repeal
the order if the Governor in Council is
satisfied on the basis of a report of the
Canadian International Trade Tribunal, made
under the Canadian International Trade
Tribunal Act, that the quantity of those goods
is not substantial in comparison with the
quantity of goods of the same kind imported
from other countries or
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|
(a) in the case of goods imported from a
NAFTA country, that the quantity of those
goods, alone or, in exceptional
circumstances, together with the quantity of
goods of the same kind imported from each
other NAFTA country, does not contribute
importantly to the serious injury or threat of
serious injury to domestic producers of like
or directly competitive goods; and
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|
|
|
(b) in the case of goods imported from any
other free trade partner, that the quantity of
those goods does not contribute importantly
to the serious injury or threat of serious
injury to domestic producers of like or
directly competitive goods.
|
|
| Surtax on
goods
imported from
a free trade
partner
|
60. If an order has been made under
subsection 55(1) or 63(1) imposing a surtax
that does not apply to goods imported from a
free trade partner because the goods did not
meet the conditions set out in subsection 59(1)
or 63(4) and the Governor in Council is
satisfied, on the recommendation of the
Minister made as a result of an inquiry by the
Canadian International Trade Tribunal, that
there has been a surge of those goods on or
after the coming into force of the order and
that, as a result of that surge, the effectiveness
of the imposition of the surtax is being
undermined, the Governor in Council may, by
order, make any such goods, when imported
into Canada or into any region or part of
Canada specified in the order during the
period that the order is in effect, subject to a
surtax
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|
|
(a) at a rate specified in the order; or
|
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|
|
(b) at a rate specified in the order that varies
from time to time as the quantity of those
goods imported into Canada or that region
or part of Canada during a period specified
in the order equals or exceeds quantities
specified in the order.
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|
|
The rate may not exceed the rate that, in the
opinion of the Governor in Council, is
sufficient to prevent the undermining of the
order made under subsection 55(1) or 63(1).
|
|
| Rate
|
61. (1) The rate of a surtax imposed under
subsection 55(1), section 60 or subsection
63(1) on goods imported from a free trade
partner need not be the same rate as that
imposed under subsection 55(1) or 63(1) on
goods of the same kind imported from any
other country, but must not exceed the rate of
surtax imposed under subsection 55(1) or
63(1) on goods of the same kind imported
from any other country.
|
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| Limitation
|
(2) If the Governor in Council makes an
order under subsection 55(1) or 63(1) that
applies to goods imported from a free trade
partner that meet the conditions set out in
subsection 59(1) or 63(4) or makes an order
under section 60, the Governor in Council
shall be guided by subparagraph 5(b) of
Article 802 of the North American Free Trade
Agreement, subparagraph 5(b) of Article F-02
of the Canada-Chile Free Trade Agreement or
subparagraph 5(b) of Article 4.6 of the
Canada-Israel Free Trade Agreement, as the
case may be.
|
|
| Repeal or
amendment of
surtax order
|
62. If at any time it appears to the
satisfaction of the Governor in Council, as a
result of a mid-term review by the Canadian
International Trade Tribunal under section
19.02 of the Canadian International Trade
Tribunal Act, that an order imposing or
extending the application of a surtax under
subsection 55(1), section 60 or subsection
63(1) should be repealed or amended, the
Governor in Council may, on the
recommendation of the Minister, by order,
repeal or amend the order.
|
|
| Extension
order
|
63. (1) Subject to subsection (4), if, at any
time before the expiry of an order with respect
to any goods made under this subsection,
subsection 55(1) or section 60 or under
subsection 5(3), (3.2) or (4.1) of the Export
and Import Permits Act, it appears to the
satisfaction of the Governor in Council, as a
result of an inquiry made by the Canadian
International Trade Tribunal under section
30.07 of the Canadian International Trade
Tribunal Act, that
|
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|
|
(a) an order continues to be necessary to
prevent or remedy serious injury to
domestic producers of like or directly
competitive goods, and
|
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|
|
(b) there is evidence that the domestic
producers of like or directly competitive
goods are adjusting, as determined in
accordance with any regulations made
under paragraph 40(b) of the Canadian
International Trade Tribunal Act,
|
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|
the Governor in Council may, on the
recommendation of the Minister, make an
extension order imposing a surtax on any
goods specified in the previous order imported
from any country specified in the extension
order.
|
|
| Scope and
rate
|
(2) If an extension order is made under
subsection (1),
|
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|
|
(a) the extension order applies to goods
imported into Canada, or any region or part
of Canada, specified in the order during the
period that the order is in effect; and
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|