NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
This Act may be cited as the Canada-Israel Free Trade Agreement Implementation Act.
Interpretation
The definitions in this subsection apply in this Act.
Agreement means the Free Trade Agreement entered into between the Government of Canada and the Government of the State of Israel and signed on July 31, 1996, as amended by the Canada – Israel Free Trade Amending Protocol 2018 signed on May 28, 2018. (Accord)
Commission means the Joint Commission established under paragraph 1 of Article 18.1 of the Agreement. (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, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated under section 9 as the Minister for the purposes of that provision. (ministre)
The Agreement shall be published in the Canada Treaty Series.
For greater certainty, this Act, any provision of an Act enacted or amended by Part II and any other federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement shall be interpreted in a manner consistent with the Agreement.
Purpose
The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its provisions, are to
strengthen the bilateral commercial relationship between Canada and the State of Israel;
improve access to the Israeli market for Canadian businesses by reducing and eliminating tariffs, addressing non-tariff barriers, enhancing cooperation and increasing transparency in regulatory matters;
ensure a high level of environmental protection through comprehensive and legally-binding commitments;
build on the respective international commitments of Canada and the State of Israel on labour matters; and
promote gender equality and encourage women’s economic empowerment and the use of voluntary corporate social responsibility standards and principles, as well as promote access for small and medium-sized enterprises to the opportunities created by the Agreement.
Her Majesty
This Act is binding on Her Majesty in right of Canada.
General
No person has any cause of action and no proceedings of any kind shall 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 Part I or an order or regulation made under Part I.
No person has any cause of action and no proceedings of any kind shall 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.
For greater certainty, nothing in this Act or the Agreement applies to natural surface or ground water in liquid, gaseous or solid state.
Implementation of Agreement Generally
Approval of Agreement
The Agreement is hereby approved.
Designation of Minister
The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act.
Administrative and Institutional Provisions
The Minister for International Trade is the principal representative of Canada on the Commission.
The Government of Canada shall pay its appropriate share of any expenditures incurred by or on behalf of the Commission.
Panels, Committees, Subcommittees, Working Groups, Expert Groups and Other Bodies
The Minister for International Trade may
appoint representatives of Canada to any committee, subcommittee, working group or other body referred to in paragraph 6 of Article 18.1 of the Agreement;
appoint a panellist in accordance with paragraph 2 of Article 19.7 of the Agreement; and
propose candidates to serve as the chair of a panel, or select the chair, in accordance with that Article 19.7.
The Minister of Labour may
appoint representatives of Canada to any committee, working group or expert group referred to in sub-paragraph 4(a) of Article 12.7 of the Agreement;
appoint a panellist in accordance with paragraph 4 of Annex 12.13.3 of the Agreement; and
propose candidates to serve as the chairperson of a Review Panel, or select the chairperson, in accordance with paragraphs 4 and 5 of that Annex.
The Minister for International Trade is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 18 of the Agreement and to provide administrative assistance to panels established under Chapter 19 of the Agreement.
The Government of Canada is to pay the costs of or its appropriate share of the costs of
the remuneration and expenses payable to members of panels, committees, subcommittees, working groups, expert groups and other bodies, to independent experts and to the assistants of panel members; and
the general expenses incurred by panels, committees, subcommittees, working groups, expert groups and other bodies.
Orders
The Governor in Council may, for the purpose of suspending benefits in accordance with Article 19.13 of the Agreement, by order, do any of the following:
suspend rights or privileges granted by Canada to the State of Israel or to goods of Israel under the Agreement or any federal law;
modify or suspend the application of any federal law, with respect to the State of Israel or to goods of Israel;
extend the application of any federal law to the State of Israel or to goods of Israel;
take any other measure that the Governor in Council considers necessary.
Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
Consequential Amendments
[Amendments]
Coming into Force
Subject to this Act, this Act or any of its provisions, or any provision of an Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.
No order may be made under subsection (1) unless the Governor in Council is satisfied that the Government of the State of Israel has taken satisfactory steps to implement the Agreement.[Note: Act in force January 1, 1997, see SI/97-9.]
Tariff Item Description of Goods Most-Favoured-Nation Tariff MFN Staging Category General Preferential Tariff United States Tariff Mexico Tariff Mexico-United States Tariff NAFTA Staging Category---Roses: 0603.10.21----Roses where the aggregate quantity imported during any year commencing on January 1 has not exceeded the quantity specified in an order made pursuant to section 58.3 N/A N/A N/A N/A N/A N/A 0603.10.29----Other G X N/A N/A N/A 12.5% Free 6.2%10.6%0712.90.40---Garlic G X N/A B 10%5%5%6.4%0902.10-Green tea (not fermented) in immediate packings of a content not exceeding 3 kg 0902.10.10---In bags for individual servings Free K Free Free Free N/A D 0902.10.90---Other Free K Free Free Free N/A D 0902.30-Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg 0902.30.10---In bags for individual servings Free K Free Free Free N/A D 0902.30.90---Other Free K Free Free Free N/A D 1211.10-Liquorice roots 1211.10.10---Tea in bags for individual servings Free K Free Free Free N/A D 1211.10.90---Other Free K Free Free Free N/A D 1211.20-Ginseng roots 1211.20.10---Tea in bags for individual servings Free K Free Free Free N/A D 1211.20.90---Other Free K Free Free Free N/A D 1211.90-Other 1211.90.10---Tea in bags for individual servings Free K Free Free Free N/A D 1211.90.90---Other Free K Free Free Free N/A D 1604.20.20---Gefilte fish F 7%B 11% CIFTA Free 5.5%7%7%7.2%---Food preparations of goods of heading Nos. 04.01 to 04.04 containing 50% or more on a dry weight basis of milk solids: 1901.90.51----Ice cream mixes or icemilk mixes, within access commitment G 5%N/A N/A N/A 15.5%7.7%6.7%1901.90.52----Ice cream mixes or icemilk mixes, over access commitment G X N/A N/A N/A N/A 315.1% but not less than $1.36/kg 267.8% but not less than $1.16/kg 1901.90.53----Other, not in retail packaging, within access commitment G 5%N/A N/A N/A 15.5%7.7%6.7%1901.90.54----Other, not in retail packaging, over access commitment G X N/A N/A N/A N/A 295.2% but not less than $3.42/kg 250.9% but not less than $2.91/kg 1901.90.59----Other G 5%N/A C 15.5%7.7%7.5%9.9%2005.90.92----Carrots G X N/A B 12.5%6.2%6.2%8%2008.40.20---Chips G X N/A B 15% Free 7.5%7.5%9.6%2008.99.12----Chips G X N/A B 5% Free 2.5%2.5%4.3%---Of nylon: 5402.41.11----Partially oriented J 5%Free N/A A 10%5% and 5.5¢/kg 9.8%9.4%8.9%8.5%8%5402.41.19----Other J 5%Free N/A A 10%5% and 5.5¢/kg 9.8%9.4%8.9%8.5%8%---Other: 5402.41.91----Partially oriented J 5%N/A B+10%5% and 5.5¢/kg 6.5% and 8.52¢/kg 9.8%9.4%8.9%8.5%8%5402.41.99----Other J 5%N/A B+10%5% and 5.5¢/kg 6.5% and 8.52¢/kg 9.8%9.4%8.9%8.5%8%---Other parts of the goods of heading No. 85.25 or 85.27 (excluding parts of cellular telephones): 8529.90.61----Incorporating printed circuit assemblies, of goods of subheading No. 8525.10 or 8525.20 M Free Free Free Free A 4% Free Free 8529.90.69----Other BPT M Free Free Free Free A 4% Free Free 9827.00.00 Goods, regardless of country of origin or tariff treatment entitlement, other than goods of tariff item No. 9820.00.00, returned to Canada after having been exported to Israel or a CIFTA beneficiary for repair or alteration N/A Free N/A N/A N/A N/A N/A N/A 9828.00.00 Kosher goods of heading No. 22.04 or 22.05 that originate in Israel or a CIFTA beneficiary N/A Free N/A N/A N/A N/A N/A N/A