Marginal note:Short title

1 This Act may be cited as the Canada–Korea Economic Growth and Prosperity Act.

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

Accord

Agreement means the Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014. (Accord)

Commission

Commission

Commission means the Joint Commission established under Article 20.1 of the Agreement. (Commission)

federal law

texte législatif fédéral

federal law means the whole or any portion of an Act of Parliament or a regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. (texte législatif fédéral)

Minister

ministre

Minister means the Minister for International Trade. (ministre)

Marginal note:Interpretation consistent with Agreement

3 For greater certainty, this Act and any federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement is to be interpreted in a manner consistent with the Agreement.

Marginal note:Non-application of Act or Agreement to water

4 For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.

Marginal note:Construction

5 For greater certainty, nothing in this Act, by specific mention or omission, is to be construed to affect in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.

Marginal note:Binding on Her Majesty

6 This Act is binding on Her Majesty in right of Canada.

Marginal note:Purpose

7 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to

• (a) establish a free trade area in accordance with the Agreement;

• (b) promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between Canada and the Republic of Korea in order to create opportunities for economic development;

• (c) promote conditions of fair competition affecting trade between Canada and the Republic of Korea;

• (d) substantially increase investment opportunities in Canada and the Republic of Korea;

• (e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;

• (f) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Korea on environmental matters;

• (g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and the Republic of Korea on labour matters; and

• (h) promote sustainable development.

Marginal note:Causes of action under sections 9 to 15

• 8 (1) No person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of sections 9 to 15 or an order made under those sections.

• Marginal note:Causes of action under the Agreement

  (2) Subject to Section B of Chapter 8 and Annex 18-E of the Agreement, no person has any cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.

Marginal note:Agreement approved

9 The Agreement is approved.

Marginal note:Canadian representative on Commission

10 The Minister is the principal representative of Canada on the Commission.

Marginal note:Payment of expenditures

11 The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Commission.

Marginal note:Powers of Minister

• 12 (1) The Minister may

  • (a) appoint representatives of Canada to any committee, subcommittee, working group or other body referred to in paragraph 5 of Article 20.1 of the Agreement;

  • (b) appoint a panellist in accordance with paragraph 3 of Article 21.7 of the Agreement; and

  • (c) propose candidates to serve as the chair of a panel in accordance with that Article 21.7.

• Marginal note:Powers of Minister of the Environment

  (2) The Minister of the Environment may

  • (a) appoint representatives of Canada to the Environmental Affairs Council referred to in Article 17.11 of the Agreement;

  • (b) select a panellist in accordance with paragraph 1 of Annex 17-A of the Agreement; and

  • (c) propose candidates to serve as the chair of a panel of experts, or select the chair, in accordance with paragraph 2 of that Annex.

• Marginal note:Powers of Minister of Labour

  (3) The Minister of Labour may

  • (a) select a panellist in accordance with paragraph 1 of Annex 18-D of the Agreement; and

  • (b) propose candidates to serve as the chair of a Review Panel, or select the chair, in accordance with that paragraph.

Marginal note:Administrative support

13 The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 21 of the Agreement and to provide administrative assistance to panels established under that Chapter.

Marginal note:Payment of costs

14 The Government of Canada is to pay the costs of or its appropriate share of the costs of

• (a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups and other bodies, to independent experts and to the assistants of panel members; and

• (b) the general expenses incurred by panels, committees, subcommittees, working groups and other bodies.

Marginal note:Orders re Article 21.11 of Agreement

• 15 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 21.11 of the Agreement, by order, do any one or more of the following:

  • (a) suspend rights or privileges granted by Canada to the Republic of Korea or to goods of the Republic of Korea under the Agreement or any federal law;

  • (b) modify or suspend the application of any federal law, with respect to the Republic of Korea or to goods of the Republic of Korea;

  • (c) extend the application of any federal law to the Republic of Korea or to goods of the Republic of Korea;

  • (d) take any other measure that the Governor in Council considers necessary.

• Marginal note:Period of order

  (2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.

Marginal note:Definitions

16 The following definitions apply in this section and in sections 17 to 22.

ginseng

ginseng

ginseng means ginseng products classified under heading No. 12.11 or 13.02 of the schedule to the Customs Tariff. (ginseng)

protected geographical indication identifying ginseng

indication géographique protégée visant le ginseng

protected geographical indication identifying ginseng means all of the following indications:

• (a) GoryeoHongsam;

• (b) GoryeoBaeksam;

• (c) GoryeoSusam;

• (d) ginseng rouge de Corée;

• (e) ginseng blanc de Corée;

• (f) ginseng frais de Corée;

• (g) Korean Red Ginseng;

• (h) Korean White Ginseng;

• (i) Korean Fresh Ginseng. (indication géographique protégée visant le ginseng)

protected geographical indication identifying rice

indication géographique protégée visant le riz

protected geographical indication identifying rice means all of the following indications:

• (a) IcheonSsal;

• (b) riz Icheon;

• (c) Icheon Rice. (indication géographique protégée visant le riz)

rice

riz

rice means rice products classified under heading No. 10.06 of the schedule to the Customs Tariff. (riz)

Marginal note:Prohibited use — rice

17 A person must not use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying rice in respect of rice not originating in the Republic of Korea; or

• (b) a translation or transliteration in any language of a protected geographical indication identifying rice in respect of rice not originating in the Republic of Korea.

Marginal note:Prohibited use — ginseng

18 A person must not use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying ginseng in respect of ginseng not originating in the Republic of Korea; or

• (b) a translation or transliteration in any language of a protected geographical indication identifying ginseng in respect of ginseng not originating in the Republic of Korea.

Marginal note:Acquired rights

19 Nothing in section 17 or 18 prevents the use of a trade-mark in association with rice or ginseng by a person who has in good faith, before the day on which this section comes into force,

• (a) filed an application in accordance with section 30 of the Trade-marks Act for the registration of, or secured the registration of, that trade-mark in association with rice or ginseng; or

• (b) acquired rights to that trade-mark in association with rice or ginseng through use.

Marginal note:Exception — disuse

20 Nothing in section 17 or 18 prevents the use, as a trade-mark or otherwise, in connection with a business, of a protected geographical indication identifying rice or a protected geographical indication identifying ginseng — or a translation or transliteration in any language of either of those protected geographical indications — if the protected geographical indication is not or has ceased to be protected by the laws applicable to the Republic of Korea, or has fallen into disuse there.

Marginal note:Exception — failure to take proceedings

21 Sections 17 and 18 do not apply to the use of a trade-mark by a person if no proceedings are taken to enforce those sections in respect of that person’s use of the trade-mark within five years after use of the trade-mark by that person or that person’s predecessor-in-title has become generally known in Canada or the trade-mark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used the trade-mark with knowledge that the use was contrary to section 17 or 18, as the case may be.

Marginal note:Power of court to issue injunction

• 22 (1) On application of any interested person, the Federal Court or the superior court of a province may issue an injunction if it is satisfied that any act has been done contrary to section 17 or 18.

• Meaning of interested person

  (2) For the purposes of subsection (1), interested person means any person who is affected or reasonably apprehends that he or she may be affected by any act that is contrary to section 17 or 18.