Canada–Korea Economic Growth and Prosperity Act
S.C. 2014, c. 28
Assented to 2014-11-26
An Act to implement the Free Trade Agreement between Canada and the Republic of Korea
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Canada–Korea Economic Growth and Prosperity Act.
Interpretation
Marginal note:Definitions
2 The following definitions apply in this Act.
Agreement
Accord
Agreement means the Free Trade Agreement between Canada and the Republic of Korea, done at Ottawa on September 22, 2014. (Accord)
Commission
Commission
Commission means the Joint Commission established under Article 20.1 of the Agreement. (Commission)
federal law
texte législatif fédéral
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
ministre
Minister means the Minister for International Trade. (ministre)
Marginal note: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.
Marginal note:Non-application of Act or 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.
Marginal note: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
Marginal note:Binding on Her Majesty
6 This Act is binding on Her Majesty in right of Canada.
Purpose
Marginal note: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 the Republic of Korea in order to create opportunities for economic development;
(c) promote conditions of fair competition affecting trade between Canada and the Republic of Korea;
(d) substantially increase investment opportunities in Canada and the Republic of Korea;
(e) eliminate barriers to trade in goods and services in order to contribute to the harmonious development and expansion of world and regional trade;
(f) enhance and enforce environmental laws and regulations and strengthen cooperation between Canada and the Republic of Korea on environmental matters;
(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on labour matters, and build on the respective international commitments of Canada and the Republic of Korea on labour matters; and
(h) promote sustainable development.
Causes of Action
Marginal note:Causes of action under sections 9 to 15
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 15 or an order made under those sections.
Marginal note:Causes of action under the Agreement
(2) Subject to Section B of Chapter 8 and Annex 18-E of the Agreement, 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.
PART 1 Implementation of the Agreement
Approval
Marginal note:Agreement approved
9 The Agreement is approved.
Administrative and Institutional Provisions
Marginal note:Canadian representative on Commission
10 The Minister is the principal representative of Canada on the Commission.
Marginal note:Payment of expenditures
11 The Government of Canada is to pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Commission.
Panels, Committees, Subcommittees, Working Groups and Other Bodies
Marginal note:Powers of Minister
12 (1) The Minister may
(a) appoint representatives of Canada to any committee, subcommittee, working group or other body referred to in paragraph 5 of Article 20.1 of the Agreement;
(b) appoint a panellist in accordance with paragraph 3 of Article 21.7 of the Agreement; and
(c) propose candidates to serve as the chair of a panel in accordance with that Article 21.7.
Marginal note:Powers of Minister of the Environment
(2) The Minister of the Environment may
(a) appoint representatives of Canada to the Environmental Affairs Council referred to in Article 17.11 of the Agreement;
(b) select a panellist in accordance with paragraph 1 of Annex 17-A of the Agreement; and
(c) propose candidates to serve as the chair of a panel of experts, or select the chair, in accordance with paragraph 2 of that Annex.
Marginal note:Powers of Minister of Labour
(3) The Minister of Labour may
(a) select a panellist in accordance with paragraph 1 of Annex 18-D of the Agreement; and
(b) propose candidates to serve as the chair of a Review Panel, or select the chair, in accordance with that paragraph.
Marginal note:Administrative support
13 The Minister is to designate an agency, division or branch of the Government of Canada to facilitate the operation of Chapter 21 of the Agreement and to provide administrative assistance to panels established under that Chapter.
Marginal note:Payment of costs
14 The Government of Canada is to pay the costs of or its appropriate share of the costs of
(a) the remuneration and expenses payable to members of panels, committees, subcommittees, working groups and other bodies, to independent experts and to the assistants of panel members; and
(b) the general expenses incurred by panels, committees, subcommittees, working groups and other bodies.
Orders
Marginal note:Orders re Article 21.11 of Agreement
15 (1) The Governor in Council may, for the purpose of suspending benefits in accordance with Article 21.11 of the Agreement, by order, do any one or more of the following:
(a) suspend rights or privileges granted by Canada to the Republic of Korea or to goods of the Republic of Korea under the Agreement or any federal law;
(b) modify or suspend the application of any federal law, with respect to the Republic of Korea or to goods of the Republic of Korea;
(c) extend the application of any federal law to the Republic of Korea or to goods of the Republic of Korea;
(d) take any other measure that the Governor in Council considers necessary.
Marginal note:Period of order
(2) Unless repealed, an order made under subsection (1) has effect for the period specified in the order.
Protection of Geographical Indications
Marginal note:Definitions
16 The following definitions apply in this section and in sections 17 to 22.
ginseng
ginseng
ginseng means ginseng products classified under heading No. 12.11 or 13.02 of the schedule to the Customs Tariff. (ginseng)
protected geographical indication identifying ginseng
indication géographique protégée visant le ginseng
protected geographical indication identifying ginseng means all of the following indications:
(a) GoryeoHongsam;
(b) GoryeoBaeksam;
(c) GoryeoSusam;
(d) ginseng rouge de Corée;
(e) ginseng blanc de Corée;
(f) ginseng frais de Corée;
(g) Korean Red Ginseng;
(h) Korean White Ginseng;
(i) Korean Fresh Ginseng. (indication géographique protégée visant le ginseng)
protected geographical indication identifying rice
indication géographique protégée visant le riz
protected geographical indication identifying rice means all of the following indications:
(a) IcheonSsal;
(b) riz Icheon;
(c) Icheon Rice. (indication géographique protégée visant le riz)
rice
riz
rice means rice products classified under heading No. 10.06 of the schedule to the Customs Tariff. (riz)
Marginal note:Prohibited use — rice
17 A person must not use in connection with a business, as a trade-mark or otherwise,
(a) a protected geographical indication identifying rice in respect of rice not originating in the Republic of Korea; or
(b) a translation or transliteration in any language of a protected geographical indication identifying rice in respect of rice not originating in the Republic of Korea.
Marginal note:Prohibited use — ginseng
18 A person must not use in connection with a business, as a trade-mark or otherwise,
(a) a protected geographical indication identifying ginseng in respect of ginseng not originating in the Republic of Korea; or
(b) a translation or transliteration in any language of a protected geographical indication identifying ginseng in respect of ginseng not originating in the Republic of Korea.
Marginal note:Acquired rights
19 Nothing in section 17 or 18 prevents the use of a trade-mark in association with rice or ginseng by a person who has in good faith, before the day on which this section comes into force,
(a) filed an application in accordance with section 30 of the Trade-marks Act for the registration of, or secured the registration of, that trade-mark in association with rice or ginseng; or
(b) acquired rights to that trade-mark in association with rice or ginseng through use.
Marginal note:Exception — disuse
20 Nothing in section 17 or 18 prevents the use, as a trade-mark or otherwise, in connection with a business, of a protected geographical indication identifying rice or a protected geographical indication identifying ginseng — or a translation or transliteration in any language of either of those protected geographical indications — if the protected geographical indication is not or has ceased to be protected by the laws applicable to the Republic of Korea, or has fallen into disuse there.
Marginal note:Exception — failure to take proceedings
21 Sections 17 and 18 do not apply to the use of a trade-mark by a person if no proceedings are taken to enforce those sections in respect of that person’s use of the trade-mark within five years after use of the trade-mark by that person or that person’s predecessor-in-title has become generally known in Canada or the trade-mark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used the trade-mark with knowledge that the use was contrary to section 17 or 18, as the case may be.
Marginal note:Power of court to issue injunction
22 (1) On application of any interested person, the Federal Court or the superior court of a province may issue an injunction if it is satisfied that any act has been done contrary to section 17 or 18.
Meaning of interested person
(2) For the purposes of subsection (1), interested person means any person who is affected or reasonably apprehends that he or she may be affected by any act that is contrary to section 17 or 18.
PART 2 Related Amendments
Crown Liability and Proceedings Act
23 [Amendment]
24 [Amendment]
Financial Administration Act
25 [Amendment]
Customs Act
26 [Amendment]
27 [Amendment]
28 [Amendment]
29 [Amendment]
30 [Amendment]
31 [Amendment]
Commercial Arbitration Act
32 [Amendment]
Canadian International Trade Tribunal Act
33 [Amendments]
34 [Amendment]
35 [Amendment]
36 [Amendment]
37 [Amendment]
38 [Amendment]
39 [Amendment]
40 [Amendments]
41 [Amendment]
42 [Amendment]
Customs Tariff
43 [Amendment]
44 [Amendment]
45 [Amendment]
46 [Amendment]
47 [Amendment]
48 [Amendment]
49 [Amendment]
50 [Amendment]
51 [Amendment]
52 [Amendment]
53 [Amendment]
54 [Amendments]
55 [Amendment]
56 [Amendments]
Department of Employment and Social Development Act
57 [Amendment]
58 [Amendment]
PART 3 Coordinating Amendments and Coming into Force
Coordinating Amendments
59 [Amendments]
60 [Amendment]
Coming into Force
Marginal note:January 1, 2015 or order in council
Footnote *61 This Act, other than sections 59 and 60, comes into force on January 1, 2015 unless, before that day, the Governor in Council makes an order fixing a day that is after January 1, 2015 as the day on which this Act comes into force.
Return to footnote *[Note: Act, other than sections 59 and 60, in force January 1, 2015.]
SCHEDULE 1(Paragraphs 56(1)(c) and (d))
[Amendment]
SCHEDULE 2(Paragraphs 56(1)(c) and (e))
[Amendment]
