Canada–Colombia Trade Agreement Implementation Act (S.C. 2010, c. 4)
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Assented to 2010-06-29
PART 2RELATED AMENDMENTS
1997, c. 36Customs Tariff
Marginal note:2009, c. 16, s. 47 and subpar. 56(16)(b)(ii)
40. Section 79 of the Act is replaced by the following:
Marginal note:Goods in transit
79. An order made under subsection 53(2) or 55(1), section 60 or subsection 63(1), 69(2), 70(2), 71.01(1), 71.1(2), 71.5(1), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods that are in transit to Canada at the time the order comes into force are entitled to the tariff treatment that was applicable to those goods immediately before that time.
Marginal note:2009, c. 16, s. 56(17)
41. Paragraphs 133(j) and (j.1) of the Act are replaced by the following:
(j) for the purpose of tariff item No. 9971.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration may be imported;
(j.1) for the purpose of tariff item No. 9992.00.00, prescribing conditions under which goods that have been exported to a NAFTA country, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration may be imported;
42. (1) 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 “GPT”, a reference to “COLT:”;
(b) adding in the column “Preferential Tariff / Final Rate”, above the reference to “GPT”, a reference to “COLT:”;
(c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “COLT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “COLT”, for all tariff items except those set out in each of Schedules 1 and 2 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 “COLT” for tariff items set out in Schedule 1 to this Act; and
(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “COLT”, for each tariff item set out in Schedule 2 to this Act, the rates of duty and staging categories set out with respect to that tariff item in that Schedule.
(2) The Description of Goods of tariff item No. 9929.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”.
(3) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference beginning with “All the foregoing,” and ending with “in that country.” with a reference to “All the foregoing, regardless of the country of origin or tariff treatment, returned to Canada after having been exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Iceland, Norway, Switzerland, Liechtenstein, Peru or Colombia for repair or alteration in that country.”.
(4) The Description of Goods of tariff item No. 9990.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by
(a) replacing the reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica or Peru” with a reference to “Commercial samples imported from the United States, Mexico, Chile, Costa Rica, Peru or Colombia”; and
(b) replacing, in paragraph (i), the reference to “in Canadian, Chilean, Mexican, Costa Rican or Peruvian currency” with a reference to “in Canadian, Chilean, Mexican, Costa Rican, Peruvian or Colombian currency”.
(5) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary or Peru for repair or alteration” with a reference to “exported to the United States, Mexico, Chile, Costa Rica, Israel or another CIFTA beneficiary, Peru or Colombia for repair or alteration”.
2005, c. 34Department of Human Resources and Skills Development Act
43. The schedule to the Department of Human Resources and Skills Development Act is amended by adding the following after section 1:
2. The Agreement on Labour Cooperation between Canada and the Republic of Colombia, signed on November 21, 2008, as amended from time to time in accordance with Article 30 of that Agreement.
R.S., c. E-19Export and Import Permits Act
44. Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:
“Colombia”
« Colombie »
“Colombia” has the same meaning as in subsection 2(1) of the Customs Tariff;
Marginal note:2009, c. 16, s. 53
45. The definition “principal cause” in subsection 4.2(1) of the Act is replaced by the following:
“principal cause”
« cause principale »
“principal cause”, in respect of goods imported from Peru or Colombia, means an important cause that is no less important than any other cause;
Marginal note:2009, c. 16, s. 54
46. Subsection 5(3.4) of the Act is replaced by the following:
Marginal note:Exception for goods imported from Peru or Colombia
(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from Peru or Colombia if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
R.S., c. F-11Financial Administration Act
47. The Financial Administration Act is amended by adding the following after section 89.4:
Implementation of Canada–Colombia Free Trade Agreement
Marginal note:Directive
89.41 (1) Notwithstanding subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Canada–Colombia Free Trade Agreement that pertains to that Crown corporation.
Marginal note:Regulations
(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make any regulations in relation to that corporation that the Governor in Council considers necessary for the purpose of implementing any provision of the Canada–Colombia Free Trade Agreement that pertains to that corporation.
Definition of “Canada–Colombia Free Trade Agreement”
(3) In subsections (1) and (2), “Canada–Colombia Free Trade Agreement” has the same meaning as “Agreement” in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act.
PART 3COMING INTO FORCE
Marginal note:Order in council
48. (1) The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Condition
(2) No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the Republic of Colombia has taken satisfactory steps to implement the Agreement and the related agreements, including providing the Government of Canada with written notification pursuant to Article 3 of the Agreement Concerning Annual Reports on Human Rights and Free Trade Between Canada and the Republic of Colombia and accepting written notification from the Government of Canada pursuant to Article 3 of that Agreement.
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