Comprehensive and Progressive Agreement for Trans- Pacific Partnership Implementation Act
(S.C. 2018, c. 23) (as amended up to December 30, 2018)
An Act to implement the Comprehensive and Progressive Agreement for Trans-
Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia,
Mexico, New Zealand, Peru, Singapore and Vietnam
Her Majesty, by and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Comprehensive and Progressive Agreement for
Trans-Pacific Partnership Implementation Act.
Interpretation
Definitions
2 The following definitions apply in this Act.
Agreement means the Comprehensive and Progressive Agreement for Trans-
Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia,
Mexico, New Zealand, Peru, Singapore and Vietnam, done at Santiago on March 8,
2018. (Accord)
Commission means the Commission established under the Agreement and whose
powers, functions and duties are set out in Chapter 27 of the TPP. (Commission)
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 means the Minister for International Trade. (ministre)
TPP means the Trans-Pacific Partnership Agreement as incorporated by reference
into the Agreement by Article 1 of the Agreement. (PTP)
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.
Non-application of Act and 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.
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.
Her Majesty
Binding on Her Majesty
6 This Act is binding on Her Majesty in right of Canada.
Purpose
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 other parties to the
Agreement in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and
other parties to the Agreement;
(d) substantially increase investment opportunities between Canada and other
parties to the Agreement, while preserving the right of each of the parties to
regulate to achieve legitimate policy goals;
(e) eliminate barriers to trade in goods and services in order to contribute to the
harmonious development and expansion of world and regional trade, and seek to
ensure that the benefits and opportunities created by the Agreement are widely
shared;
(f) support the growth and development of micro, small and medium-sized
enterprises by enhancing their ability to participate in and benefit from the
opportunities created by trade;
(g) enhance and enforce environmental laws and regulations and strengthen
cooperation between Canada and other parties to the Agreement on
environmental matters;
(h) protect, enhance and enforce basic workers’ rights, strengthen cooperation on
labour matters, and build on the respective international commitments of Canada
and other parties to the Agreement on labour matters; and
(i) recognise the importance of promoting corporate social responsibility, cultural
identity and diversity, gender equality, the rights of Indigenous peoples, inclusive
trade and sustainable development.
Causes of Action
Causes of action under sections 9 to 13
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 13 or an order made under those sections.
Causes of action under Agreement
(2) 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.
Exception
(3) Subsection (2) does not apply with respect to causes of action arising out of, and
proceedings taken under, Section B of Chapter 9 or Article 11.22 of the TPP.
PART 1
Implementation of the Agreement
Approval and Representation on the Commission
Approval
9 The Agreement is approved.
Canadian representative on Commission
10 The Minister is the principal representative of Canada on the Commission.
Panels and Labour Council
Powers of Minister
11 (1) The Minister may
(a) appoint a panellist in accordance with Article 28.9 of the TPP or establish a list
of individuals who may serve as panellists in accordance with paragraph 9 of
Article 28.11 of the TPP;
(b) propose the names of individuals for the roster referred to in Article 28.11 of
the TPP; and
(c) appoint an arbitrator in accordance with Section B of Chapter 9 of the TPP.
Powers of Minister of Labour
(2) The Minister of Labour may act as Canada’s senior governmental representative
on the Labour Council referred to in Article 19.12 of the TPP or may designate that
representative.
Expenses
Payment of expenditures
12 The Government of Canada is to pay its appropriate share of the aggregate of
(a) any expenditures incurred by or on behalf of the Commission,
(b) the general expenses incurred by the committees, working groups and other
bodies established under the Agreement and the remuneration and expenses
payable to representatives on the Commission and those committees and to
members of those working groups and other bodies, and
(c) the expenses incurred by panels and arbitration tribunals established under
the Agreement and the remuneration and expenses payable to the panellists on
those panels, to arbitrators and to any experts retained by those panels or
arbitration tribunals.
Orders
Orders — Article 28.20 of TPP
13 (1) The Governor in Council may, for the purpose of suspending benefits in
accordance with Article 28.20 of the TPP, by order, do any of the following:
(a) suspend rights or privileges granted by Canada to another party to the
Agreement or to goods, service suppliers, investors or investments of investors of
that party under the Agreement or any federal law;
(b) modify or suspend the application of any federal law, with respect to a party to
the Agreement other than Canada or to goods, service suppliers, investors or
investments of investors of that party;
(c) extend the application of any federal law to a party to the Agreement other
than Canada or to goods, service suppliers, investors or investments of investors
of that party; or
(d) take any other measure that the Governor in Council considers necessary.
Period of order
(2) Unless repealed, an order made under subsection (1) has effect for the period
specified in the order.
PART 2
Related Amendments and Transitional Provision
Related Amendments
Export and Import Permits Act
14 [Amendments]
15 [Amendment]
Financial Administration Act
16 [Amendment]
Trade-marks Act
17 [Amendment]
18 [Amendment]
Investment Canada Act
19 [Amendment]
Customs Act
20 [Amendment]
21 [Amendment]
22 [Amendment]
23 [Amendment]
24 [Amendment]
25 [Amendments]
26 [Amendment]
27 [Amendment]
28 [Amendment]
29 [Amendment]
30 [Amendment]
Commercial Arbitration Act
31 [Amendment]
Canadian International Trade Tribunal Act
32 [Amendments]
33 [Amendment]
34 [Amendment]
35 [Amendment]
36 [Amendment]
37 [Amendment]
38 [Amendments]
39 [Amendment]
Customs Tariff
40 [Amendment]
41 [Amendment]
42 [Amendment]
43 [Amendment]
44 [Amendment]
45 [Amendment]
46 [Amendments]
47 [Amendments]
Transitional Provision 48 [Transitional Provision]
PART 3
Coordinating Amendments and Coming into Force
Coordinating Amendments 49 [Amendments]
Coming into Force
Order in council
50 This Act, other than section 49, comes into force on a day to be fixed by order of
the Governor in Council.
[Note: Act, other than section 49, in force December 30, 2018, see SI/2018-101 and SI/2018-108.]
SCHEDULE 1
(Paragraphs 47(1)(c) and (d), (2)(c) and (d), (3)(c) and (d), (4)(c) and (d), (5)(c) and (d), (6)(c) and (d), (7)(c) and (d), (8)(c) and (d), (9)(c) and (d), (10)(c) and (d), (11)(c) and (d))
[Amendment]
SCHEDULE 2
(Paragraphs 47(1)(c) and (e))
[Amendment]
SCHEDULE 3
(Paragraphs 47(1)(c), (2)(c), (3)(c), (4)(c), (5)(c), (6)(c), (7)(c), (8)(c), 9(c), (10)(c) and (11)(c) and subsection 47(17))
[Amendment]
SCHEDULE 4
(Paragraphs 47(2)(c) and (e))
[Amendment]
SCHEDULE 5
(Paragraphs 47(3)(c) and (e))
[Amendment]
SCHEDULE 6
(Paragraphs 47(4)(c) and (e))
[Amendment]
*
*
SCHEDULE 7
(Paragraphs 47(5)(c) and (e))
[Amendment]
SCHEDULE 8
(Paragraphs 47(6)(c) and (e))
[Amendment]
SCHEDULE 9
(Paragraphs 47(7)(c) and (e))
[Amendment]
SCHEDULE 10
(Paragraphs 47(8)(c) and (e))
[Amendment]
SCHEDULE 11
(Paragraphs 47(9)(c) and (e))
[Amendment]
SCHEDULE 12
(Paragraphs 47(10)(c) and (e))
[Amendment]
SCHEDULE 13
(Paragraphs 47(11)(c) and (e))
[Amendment]
Date modified:
2019-05-14