Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)

• 106 (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order, a reference to “an EU country or other CETA beneficiary” in the list of countries.

• (2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a reference to “an EU country or other CETA beneficiary” in the list of countries.

• 107 (1) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended

  • (a) by striking out the references to “Antilles, Netherlands”, “North Africa, Spanish” and “West Indies, French” in the column “Country Name”;

  • (b) by striking out, in the column “MFN”, the symbol “X” opposite the reference to the countries listed in paragraph (a); and

  • (c) by striking out, in the column “GPT”, the symbol “X” opposite the reference to “North Africa, Spanish”.

• (2) The List of Countries and Applicable Tariff Treatments set out in the schedule to the English version of the Act is amended

  • (a) by striking out the reference to “Southern and Antarctic Territories French” in the column “Country Name” and the symbol “X” under the columns “MFN” and “GPT” opposite the reference to that country; and

  • (b) by adding, in alphabetical order, a reference to “French Southern and Antarctic Territories” in the column “Country Name” and the symbol “X” in the columns “MFN” and “GPT” opposite the reference to that country.

• (3) The List of Countries and Applicable Tariff Treatments set out in the schedule to the Act is amended

  • (a) by adding, in alphabetical order, in the column “Country Name”, the following:

    • Aruba
    • Bonaire, Sint Eustatius and Saba
    • Canary Islands
    • Ceuta and Melilla
    • Curaçao
    • Faroe Islands
    • French Guiana
    • Greenland
    • Guadeloupe
    • Martinique
    • Mayotte
    • Réunion
    • Saint Barthélemy
    • Saint Martin
    • Saint Pierre and Miquelon
    • Sint Maarten
    • South Georgia and the South Sandwich Islands
    • Wallis and Futuna

  • (b) by adding, in the column “MFN”, the symbol “X” opposite the references to those entries added under paragraph (a);

  • (c) by adding, in the column “GPT”, the symbol “X” opposite the references to “Canary Islands” and “Ceuta and Melilla”.

• 108 (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 “CEUT:”;

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

  • (c) adding in the column “Preferential Tariff / Initial Rate” a reference to “Free” after the abbreviation “CEUT”, and adding in the column “Preferential Tariff / Final Rate” a reference to “Free (A)” after the abbreviation “CEUT”, for all tariff items except those set out in Schedules 4 and 5 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 “CEUT” for the tariff items set out in Schedule 4 to this Act; and

  • (e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential Tariff / Final Rate” after the abbreviation “CEUT”, for each tariff item set out in Schedule 5 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. 9971.00.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by adding, in alphabetical order, a reference to “an EU country or other CETA beneficiary” in the list of countries.

• (3) Note 1 to 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 replaced by the following:

  Note 1: The Canada–European Union Tariff, Iceland Tariff, Korea Tariff, Norway Tariff and Switzerland–Liechtenstein Tariff rate of customs duty applicable to goods classified under this tariff item shall be, in respect of the value of the repair or alteration to the goods carried out only in an EU country or other CETA beneficiary, Iceland, Korea, Norway, Switzerland or Liechtenstein, respectively, determined under section 87 of this Act, in accordance with their classification in Chapters 1 to 97.

• (4) 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 adding, in alphabetical order, a reference to “an EU country or other CETA beneficiary” in the list of countries.

2002, c. 28Pest Control Products Act

109 Subsection 7(2) of the Pest Control Products Act is replaced by the following:

110 Subsection 16(5) of the Act is replaced by the following:

111 Subsection 18(3) of the Act is replaced by the following:

112 Subsection 66(2) of the Act is replaced by the following:

113 Subsection 67(1) of the Act is amended by adding the following after paragraph (z):

Transitional Provisions

Marginal note:Definition of Act

114 In sections 115 and 116, Act means the Trade-marks Act.

Marginal note:Indications in Schedule

• 115 (1) Despite subsection 11.12(2) and section 11.13 of the Act, the Registrar, as defined in section 2 of the Act, must, as soon as feasible after this section comes into force, enter the indications set out in Schedule 6 to this Act on the list of geographical indications kept under subsection 11.12(1) of the Act.

• Marginal note:Deemed entered on list

  (2) Those indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force.

• Marginal note:For greater certainty

  (3) For greater certainty, the Registrar is not required to enter those translations on the list.

• Marginal note:Geographical indications

  (4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act.

• Marginal note:Acquired rights

  (5) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to those indications, as a reference to “the day on which this section comes into force”.

• Marginal note:Indication “Feta”

  (6) For the purpose of section 11.22 of the Act, the indication “Feta” is deemed to be listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, to the extent that the indication “Φέτα” (Feta) remains listed in that Part A of Annex 20-A of that Agreement.

Marginal note:Additional indications

• 116 (1) On the publication of a statement by the Minister, as defined in section 11.11 of the Act, that a geographical indication has been added to Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, the Registrar, as defined in section 2 of the Act, must, despite subsection 11.12(2) and section 11.13 of the Act, enter the indication on the list kept under subsection 11.12(1) of the Act.

• Marginal note:Information in statement

  (2) The Minister’s statement must set out the information described in paragraphs 11.12(3)(b) to (d) and (f) of the Act in respect of the indication.

• Marginal note:Deemed entered on list

  (3) The indication and all translations of the indication are deemed to have been entered on the list on the date on which the indication is added to Part A of Annex 20-A of Chapter Twenty of that Agreement.

• Marginal note:For greater certainty

  (4) For greater certainty, the Registrar is not required to enter those translations on the list.

• Marginal note:Geographical indication

  (5) The indication, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act.

• Marginal note:Acquired rights

  (6) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication, as a reference to “the date on which the indication is added to Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016”.

Marginal note:Investment Canada Act — Section 14.11

117 Any application that is filed under section 17 of the Investment Canada Act before the day on which section 14.11 of that Act as enacted by section 80 of this Act comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if

• (a) the investment to which the application relates would have been subject to subsections 14.11(1) or (2) of that Act, had the application been filed on that day; and

• (b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.11(1)(a) of that Act.

PART 3Consequential Amendments

R.S.C. 1970, c. C-32Canada Corporations Act

118 Paragraph 16(1)(b) of the Canada Corporations Act is replaced by the following:

119 Paragraph 68(1)(e) of the Act is replaced by the following:

Marginal note:R.S.C. 1970, c. 10 (1st Supp.), s. 15

120 Clause 121(1)(k)(iv)(C) of the Act is replaced by the following:

R.S., c. A-16; 1997, c. 9, s. 89Nuclear Energy Act

Marginal note:1997, c. 9, s. 92

121 Paragraphs 10(1)(c) and (d) of the Nuclear Energy Act are replaced by the following: