- SHORT TITLE
- INTERPRETATION
- PURPOSE
- HER MAJESTY
- GENERAL
- PART I
- PART II
- PART III
World Trade Organization Agreement Implementation Act (1994, c. 47)
Act current to January 25th, 2011
Attention: See coming into force provision and notes, where applicable.
World Trade Organization Agreement Implementation Act
1994, c. 47
[Assented to December 15th, 1994]
An Act to implement the Agreement Establishing the World Trade Organization
Preamble
WHEREAS the Government of Canada together with the other governments and the European Communities that participated in the Uruguay Round of Multilateral Trade Negotiations under the General Agreement on Tariffs and Trade (herein referred to as GATT) have entered into the Agreement Establishing the World Trade Organization;
WHEREAS free, fair and open trade is essential for the future of the Canadian economy and for securing the competitiveness and long-term sustainable development of Canada;
WHEREAS trade expansion contributes to job creation, achieves higher standards of living, offers greater choices for consumers and strengthens the Canadian economic union;
WHEREAS the multilateral trading system of mutually agreed upon market access conditions and non-discriminatory trade rules applicable to all, is the cornerstone of Canadian trade policy;
WHEREAS the trade agreements achieved under the Uruguay Round of Multilateral Trade Negotiations under the GATT will lead to a significantly more open and stable international trading environment for Canadian agriculture, resources, manufacturing, services, technology and investment;
WHEREAS the World Trade Organization will provide for integrated management of the new and strengthened multilateral trading system, particularly for the resolution of trade disputes;
WHEREAS the World Trade Organization, as successor to the GATT, will also provide the forum for future trade negotiations aimed at furthering trade liberalization world-wide and the development of new global trade rules;
AND WHEREAS it is necessary, in order to give effect to the Agreement, to make related or consequential amendments to certain Acts;
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
Short title
1. This Act may be cited as the World Trade Organization Agreement Implementation Act.
INTERPRETATION
Definitions
2. (1) In this Act,
“Agreement” « Accord »
“Agreement” means the Agreement Establishing the World Trade Organization, including
(a) the agreements set out in Annexes 1A, 1B, 1C, 2 and 3 to that Agreement, and
(b) the agreements set out in Annex 4 to that Agreement that have been accepted by Canada,
all forming an integral part of the Final Act Embodying The Results Of The Uruguay Round Of Multilateral Trade Negotiations, signed at Marrakesh on April 15, 1994;
“federal law” « texte législatif fédéral »
“federal law” means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament;
“Minister” « ministre »
“Minister”, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 9;
“World Trade Organization” « Organisation mondiale du commerce »
“World Trade Organization” means the World Trade Organization established by Article I of the Agreement;
“WTO Member” « membre de l’OMC »
“WTO Member” means a Member of the World Trade Organization.
Publication of Agreement
(2) The Agreement shall be published in the Canada Treaty Series.
PURPOSE
Purpose
3. The purpose of this Act is to implement the Agreement.
HER MAJESTY
Binding on Her Majesty
4. This Act is binding on Her Majesty in right of Canada.
GENERAL
Prohibition of private cause of action under Part I
5. 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 any order made under Part I.
Prohibition of private cause of action under Agreement
6. 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.
Non-application of Agreement to water
7. (1) For greater certainty, nothing in this Act or the Agreement, except the Canadian Schedule to the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to the Agreement, applies to water.
Definition of “water”
(2) In this section, “water” means natural surface and ground water in liquid, gaseous or solid state, but does not include water packaged as a beverage or in tanks.
PART I
IMPLEMENTATION OF AGREEMENT GENERALLY
APPROVAL OF AGREEMENT
Agreement approved
8. The Agreement is hereby approved.
DESIGNATION OF MINISTER
Order designating Minister
9. 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.
WORLD TRADE ORGANIZATION
Ministerial Conference
10. The Governor in Council may appoint any member of the Queen’s Privy Council for Canada to be the representative of Canada in respect of the Ministerial Conference established under Article IV of the Agreement.
Committees and bodies
11. The Minister may appoint any person to be the representative of Canada on any committee, council or body, other than the Ministerial Conference referred to in section 10, that is or may be established under the Agreement.
Payment of expenditures
12. The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the World Trade Organization.