Canada Publishes New Regulations and Regulatory Amendments to Implement the CPTPP
On November 14th, the Government of Canada published in the Canada Gazette, Part II (Volume 152, number 23) a number of new regulations and regulatory amendments necessary to implement the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP).
The CPTPP is expected to enter into force on 30th December for the six countries that have completed the formal ratification process, i.e., Australia, Canada, Japan, Mexico, New Zealand, and Singapore.
The regulatory changes, which have been published as final, include the following instruments:
- Regulations Amending the Canadian International Trade Tribunal Procurement Inquiry Regulations, SOR/2018-224 (implements Canada’s dispute settlement, market access, and non-discriminatory treatment obligations with respect to federal government procurement opportunities);
- CPTPP Rules of Origin Regulations, SOR/2018-221 (implements the CPTPP rules of origin, which determine whether products are considered “originating” and therefore eligible for preferential tariff treatment when imported into Canada from another CPTPP country);
- CPTPP Tariff Preference Regulations, SOR/2018-223 (implements additional requirements that must be met for “originating” goods to receive preferential treatment when they are imported into Canada from another CPTPP county);
- CPTPP Rules of Origin for Casual Goods Regulations, SOR/2018-222 (implements special rules of origin for “casual goods”, which are products imported for purposes other than sales or commercial, industrial, occupational or institutional uses — e.g., goods imported by individuals as gifts or for personal, household use).
- Regulations Amending the Medical Devices Regulations (Importation), SOR/2018-225, and Regulations Amending the Radiation Emitting Devices Regulations (Importation), SOR/2018-226 (implements Canada’s obligation to permit suppliers of imported medical devices, including radiation-emitting medical devices, to label such goods in accordance with Canadian laws after the goods have been imported into Canada; however, compliance with Canadian labelling requirements must be ensured before the goods are sold to a purchaser in Canada);
- Trademarks Regulations, SOR/2018-227 (implements the changes necessary to allow Canada to join a number of international trademarks treaties, in accordance with Canada’s commitments under CPTPP Articles 18.7 and 18.25, including the Singapore Treaty on the Law of Trademarks, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks);
- Order Fixing the date of entry into force of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as the day on which that Act Comes into Force, SI/2018-101
The Government of Canada decided not to pre-publish these implementing regulations in the Canada Gazette, Part I for a period of public review and comment. In comparison, the equivalent regulatory changes necessary to implement the Canada-EU Comprehensive Economic and Trade Agreement (CETA) were pre-published for a public review period of 15 days (see e.g., Canada Gazette, Part I, Vol. 151, No. 28 (15 July 2017). Various reasons for the decision to forego the pre-publication and public review process are provided in the explanatory notes of the above-referenced instruments.
Tereposky & DeRose LLP regularly provides advice on the interpretation, implementation, and application of the provisions of international trade agreements, including the CPTPP, the CETA, the NAFTA, and the forthcoming USMCA. Should you have any questions regarding potential opportunities under these trade agreements or any other trade related issues, we are at your disposal.