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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. C-42Copyright Act (continued)

Transitional Provision

Marginal note:No revival of copyright

34 Sections 6.1, 6.2 and 11.1, paragraphs 23(1)(a) and (b) and subsection 23(1.1) of the Copyright Act, as enacted by sections 24, 26 and 29, respectively, do not have the effect of reviving the copyright or a right to remuneration in any work, performer’s performance fixed in a sound recording or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those provisions of that Act.

R.S., c. C-46Criminal Code

Marginal note:2019, c. 25, s. 2

35 Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following:

  • (a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;

36 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):

37 The Act is amended by adding the following after section 390:

Marginal note:Trade secret

  • 391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

  • Marginal note:Trade secret — prior knowledge

    (2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).

  • Marginal note:Punishment

    (3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty

    • (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or

    • (b) of an offence punishable on summary conviction.

  • Marginal note:For greater certainty

    (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.

  • Marginal note:Definition of trade secret

    (5) For the purpose of this section, trade secret means any information that

    • (a) is not generally known in the trade or business that uses or may use that information;

    • (b) has economic value from not being generally known; and

    • (c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

38 Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):

  • (x.1) section 391 (trade secret);

R.S., c. E-15Excise Tax Act

39 Schedule VII to the Excise Tax Act is amended by adding the following after section 7:

7.01 Goods (other than goods prescribed for the purposes of section 7) transported by courier

  • (a) that are imported from Mexico or the United States, as determined in accordance with the Customs Tariff; and

  • (b) that have a value, determined under paragraph 215(1)(a) of the Act, of not more than $40.

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

Marginal note:1993, c. 44, s. 146

  • 40 (1) The definitions NAFTA and NAFTA country in subsection 2(1) of the Export and Import Permits Act are repealed.

  • Marginal note:1997, c. 14, s. 70(2)

    (2) Paragraph (a) of the definition free trade partner in section 2(1) of the Act is replaced by the following:

    • (a) a CUSMA country,

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    CUSMA

    CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)

    CUSMA country

    CUSMA country means a country that is a party to CUSMA. (pays ACEUM)

  • Marginal note:2014, c. 14, s. 17(2)

    (4) Subsection 2(2) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

  • (5) Subsection 2(2) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.

Marginal note:1997, c. 14, s. 71

41 The definitions contribute importantly and surge in subsection 4.2(1) of the Act are replaced by the following:

contribute importantly

contribute importantly, in respect of goods imported from a CUSMA country or from Chile, means to be an important cause, but not necessarily the most important cause; (contribuer de manière importante)

surge

surge, in respect of goods imported from

  • (a) a CUSMA country, means a significant increase in imports over the trend for a recent representative base period, and

  • (b) Chile, has the meaning given that word by Article F-05 of CCFTA; (augmentation subite)

Marginal note:1997, c. 14, s. 72(1)

42 Paragraph 5(4)(b) of the Act is replaced by the following:

  • (b) in the case of goods imported from a CUSMA 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 CUSMA country, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

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

  • 43 (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.

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