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Canada Publishes Proposed Regulations to Implement CETA

: General

The Government of Canada Publishes Regulations to Implement Canada's Commitments Under the Comprehensive Economic and Trade Agreement (CETA) 2017-07-27

The free trade agreement between Canada and the European Union is scheduled to go into effect (i.e.: provisional application) as of September 21, 2017, less than two months away.
 
To implement the CETA, it is necessary for Canada to make changes to a number of its laws, regulations and orders.
 
Bill C-30, the bill to implement CETA, received Royal Assent on May 16, 2017.
 
Ottawa recently published in the Canada Gazette, Part I, Vol. 151, No. 28 — July 15, 2017, the following proposed regulations to implement CETA:
 
Department of Finance
 
Canadian International Trade Tribunal Act
Customs Tariff  
Department of Foreign Affairs, Trade and Development
 
Export and Import Permits Act

Department of Health
 
Pest Control Products Act
Department of Industry
 
Investment Canada Act
Patent Act  
Department of Transport
 
Coasting Trade Act
 
The Canadian Society of Customs Brokers (CSCB) has contacted the Canada Border Services Agency (CBSA) to ask when a D memorandum on CETA will be available. They have responded with the following:
 
“CBSA D-Memoranda, related to Free Trade Agreements (FTA), is a reflection of regulations, made under the Customs Act, that have been approved by the Governor in Council and published in Part II of the Canada Gazette.  CBSA regulations to implement a new FTA typically take up to 3 years to complete this process, thereby postponing the update of related D-Memoranda. In the interim, the CBSA issues 2 customs notices when implementing a new FTA; the first notice provides policy information required by traders to begin taking advantage of the new preferential tariff treatment and the second notice outlines the proposed regulatory changes necessary to implement the agreement.  This regulatory customs notice allows the CBSA to make the regulatory changes retroactive to the date of implementation while awaiting the Canada Gazette publication. This retroactivity is provided for under section 167.1(b) of the Customs Act. Once Global Affairs Canada has formally announced an implementation date, the CBSA will issue similar customs notices for the CETA, prior to that date.”
 
For more information on CETA, please click on the below links or contact Milgram’s consulting department.
 
 
Source: Canada Gazette, CSCB

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