LexSage

Canada Has Published Order-In-Council

And Regulations For Canada-EU CETA

Provisional Implementation

Written By: Cyndee Todgham Cherniak

Date: September 9, 2017

On September 1, 2017, Canada's Governor-in-Council promulagated many of the regulations necessary for the implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”). The Canada-EU CETA regulations were published in in the September 7, 2017 Canada Gazette. The Canada-EU CETA will be implemented provisionally on September 21, 2017.

The most important document is an Order-in-Council fixing September 21, 2017 as the day the Canada-EU CETA provisionally comes into effect. SI/2017-47 Order Fixing September 21, 2017 as the Day on Which the Canada-European Union CETA Comes into Force, Other Than Certain Provisions is very important – the day has been set.  This Order-in-Council indicates which provisions of the Canada-EU CETA Implementation Act come into effect provisionally and which will not.  Free trade agreements become law in Canada via domestic legislation.  The Canada-EU CETA Implementation Act has completed Canada’s legislative requirements having been passed by the House of Commons and the Senate.  The EU has determined that the Canada-EU CETA is a mixed agreement and, therefore, under EU Law, each EU member must pass certain Canada-EU CETA provisions.

Canada promulagated 21 regulations to supplement that Canada-EU CETA Implementation Act, which cover a range of issues from patent protection, the Investment Canada Act, rules of origin, import controls, export controls, government procurement, standards, etc.:

• SOR/2017-165 Certificate of Supplementary Protection Regulations
• SOR/2017-166 Regulations Amending the Patented Medicines (Notice of Compliance) Regulations 2017
• SOR/2017-167 Rules Amending the Patent Rules
• SOR/2017-168 Regulations Amending the Investment Canada Regulations
• SOR/2017-169 Regulations Amending the Pest Control Products Regulations (Test Data Protection)
• SOR/2017-170 Regulations Specifying Territories and Indicating International Registers
• SOR/2017-171 Order Amending Import Control List
• SOR/2017-172 Order Amending the Export Control List
• SOR/2017-173 Export Allocation Regulations
• SOR/2017-174 Export Permits Regulations (Non-strategic Products)
• SOR/2017-175 CETA Rules of Origin Regulations
• SOR/2017-176 CETA Rules of Origin Casual Goods Regulations
• SOR/2017-177 CETA Tariff Preference Regulations\
• SOR/2017-178 Regulations Defining EU Country or Other CETA Beneficiary
• SOR/2017-179 Order Amending the Schedule to the Customs Tariff (Extension of the Canada-European Union Tariff)
• SOR/2017-180 Regulations Amending the Vessel Duties Reduction or Removal Regulations
• SOR/2017-181 Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations
• SOR/2017-182 Regulation Amending the Export Permits Regulations
• SOR/2017-183 Order Amending the General Import Permit No. 1 – Dairy Products for Personal Use
• SOR/2017-184 Order Amending the General Import Permit No. 2 – Chicken and Chicken Products for Personal Use
• SOR/2017-185 Order Amending the General Import Permit No. 100 – Eligible Agricultural Goods

These regulations compliment the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act that treceived Royal Asset on May 15, 2017.

For more information about the Canada-EU CETA, please contact Cyndee Todgham Cherniak at 416-307-4168 or at cyndee@lexsage.com.  There are other articles on the LexSage website about the Canada-EU CETA.