m-35.2 - Act respecting the implementation of international trade agreements

Updated to 19 April 2006

This document has official status.

chapter M-35.2

Act respecting the implementation of international trade agreements

WHEREAS Québec subscribes to the principles and rules established by the North American Free Trade Agreement, the North American Agreement on Environmental Cooperation, the North American Agreement on Labor Cooperation and the Agreement Establishing the World Trade Organization;

Whereas Québec is at liberty to subscribe to the principles and rules established in other international trade agreements containing provisions falling within its constitutional jurisdiction; and

Whereas Québec alone is competent to implement those agreements in each field coming under its jurisdiction;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

2002, c. 8, s. 11.

1. In this Act,

“Agreement Establishing the World Trade Organization” means the Agreement Establishing the World Trade Organization, including the agreements set out in the annexes to that Agreement to which Canada is a party, all forming an integral part of the Final Act Embodying The Results Of The Uruguay Round Of Multilateral Trade Negotiations, signed at Marrakesh on 15 April 1994;

“North American Agreement on Environmental Cooperation” means the North American Agreement on Environmental Cooperation entered into by the Government of Canada, the Government of the United States of America and the Government of the United Mexican States, and signed on 14 September 1993;

“North American Agreement on Labor Cooperation” means the North American Agreement on Labor Cooperation entered into by the Government of Canada, the Government of the United States of America and the Government of the United Mexican States, and signed on 14 September 1993;

“North American Free Trade Agreement” means the North American Free Trade Agreement entered into by the Government of Canada, the Government of the United States of America and the Government of the United Mexican States, and signed on 17 December 1992.

1996, c. 6, s. 1; 2002, c. 8, s. 12.

2. The object of this Act is to implement the following agreements:

 —  the North American Free Trade Agreement;

 —  the North American Agreement on Environmental Cooperation;

 —  the North American Agreement on Labor Cooperation;

 —  the Agreement Establishing the World Trade Organization.

The Government may, by order and subject to the terms and conditions it determines, make this Act applicable to any other international trade agreement.

1996, c. 6, s. 2; 2002, c. 8, s. 13.

3. The commitments and reservations of Québec which are to appear in the Schedules of Canada annexed to the North American Free Trade Agreement shall be the commitments and reservations set out in the list established by the Gouvernement du Québec.

The list is transmitted to the authorities concerned by the Minister.

1996, c. 6, s. 3.

4. The commitments, reservations, measures and programs of Québec which are to appear in the Schedules of Canada annexed to the agreements forming part of the Agreement Establishing the World Trade Organization shall be the commitments, reservations, measures and programs set out in the list established by the Gouvernement du Québec.

The list is transmitted to the authorities concerned by the Minister.

1996, c. 6, s. 4.

4.1. The commitments, reservations, measures and programs of Québec which are to appear in the Schedules of Canada annexed to the international trade agreements designated by government order under section 2 shall be the commitments, reservations, measures and programs set out by the Gouvernement du Québec.

The list is transmitted to the authorities concerned by the Minister.

2002, c. 8, s. 14.

5. The Minister may propose that the Government take any compensatory measure he considers necessary for the purpose of implementing the measures taken by Canada under the agreements listed in section 2.

1996, c. 6, s. 5.

6. Except for the dispute settlement mechanisms available to investors under Section B of Chapter 11 of the North American Free Trade Agreement or specifically available to a person under any of the agreements referred to in section 2, no person has any cause of action based on the application of any of sections 2 to 5 of this Act or any order made thereunder.

1996, c. 6, s. 6; 2002, c. 8, s. 15.

7. Only the Minister or the Deputy Minister, jointly with the Minister or Deputy Minister of Economic and Regional Development and Research, may appoint a person to be the representative of the Gouvernement du Québec on the committees and working groups established under any of the agreements referred to in section 2. The representative shall be appointed after consultation, where applicable, with the minister concerned.

In the case of an agreement referred to in section 2 pertaining to environmental or labour cooperation, the Minister or Deputy Minister, jointly with the Minister or Deputy Minister of Sustainable Development, Environment and Parks, or the Minister or Deputy Minister of Labour, as the case may be, may appoint a person to be the representative of the Gouvernement du Québec on the committees and working groups established under the said Agreements.

1996, c. 6, s. 7; 1999, c. 8, s. 20; 1999, c. 36, s. 158; 2002, c. 8, s. 16; 2003, c. 29, s. 135; 2006, c. 3, s. 35.

8. The Commission for Environmental Cooperation or the Commission for Labor Cooperation, as the case may be, may file at the office of the Superior Court a certified copy of any determination by an arbitral panel that is a panel determination described in Annex 36A of the North American Agreement on Environmental Cooperation or in Annex 41A of the North American Agreement on Labor Cooperation which imposes on Québec, upon failure by Québec for fully implement an action plan in such matters, full implementation of the action plan or a monetary enforcement assessment. The filing shall be made in the circumstances provided for in the aforesaid annexes.

When filed, an arbitral panel determination has all the effects of a final judgment of the Superior Court against the Gouvernement du Québec, and is not subject to appeal.

A certified copy of any determination on environmental or labor cooperation by an arbitral panel established under an agreement referred to in section 2 may also be filed at the office of the Superior Court.

Where that is the case, the procedural requirements for the carrying out of the third paragraph and the effects of the filing shall be determined in the order made under section 2, which shall have precedence over the provisions of the Code of Civil Procedure (chapter C-25).

1996, c. 6, s. 8; 2002, c. 8, s. 17.

9. No civil, administrative or penal proceedings may be instituted against an employee or an official representative of any of the administrative bodies established under an agreement referred to in section 2 by reason of any act performed in the exercise of his functions.

Such immunity cannot be waived except in the circumstances provided for in the rules of international law.

1996, c. 6, s. 9; 2002, c. 8, s. 18.

10. The Minister of International Relations is responsible for the administration of this Act.

1996, c. 6, s. 10.

11. (Omitted).

1996, c. 6, s. 11.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 6 of the statutes of 1996, in force on 1 March 1997, is repealed, except section 11, effective from the coming into force of chapter M-35.2 of the Revised Statutes.