DOMESTIC TRADE AGREEMENTS REGULATION

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Transcription:

Province of Alberta GOVERNMENT ORGANIZATION ACT DOMESTIC TRADE AGREEMENTS REGULATION Alberta Regulation 176/2016 With amendments up to and including Alberta Regulation 128/2017 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza 10611-98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca

Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 128/2017) ALBERTA REGULATION 176/2016 Government Organization Act DOMESTIC TRADE AGREEMENTS REGULATION Definitions 1(1) In this Regulation, (a) Act means the Government Organization Act; (b) AIT means the Agreement on Internal Trade referred to in section 2(a) of Schedule 6 to the Act; (b.1) CFTA means the Canadian Free Trade Agreement entered into by the federal, provincial and territorial governments of Canada on April 6, 2017, including any amendments to the agreement; (c) Internal Trade Secretariat means the Secretariat established pursuant to the AIT and continued under the CFTA; (d) NWPTA means the New West Partnership Trade Agreement entered into by the governments of Alberta, British Columbia and Saskatchewan on April 30, 2010, and by the government of Manitoba on November 17, 2016, including any amendments to the agreement; (e) NWPTA Administrator means the administrator within the meaning of the NWPTA; (f) TILMA means the Trade, Investment and Labour Mobility Agreement entered into by the governments of Alberta and British Columbia on April 28, 2006, including any amendments to the agreement. (2) In this Regulation, (a) words and expressions used in respect of the AIT that are defined in the AIT have the meaning given to them in the AIT, unless a contrary intention appears; (b) words and expressions used in respect of the NWPTA that are defined in the NWPTA have the meaning given to them in the NWPTA, unless a contrary intention appears;

Section 1.1 DOMESTIC TRADE AGREEMENTS REGULATION AR 176/2016 (c) words and expressions used in respect of the TILMA that are defined in the TILMA have the meaning given to them in the TILMA, unless a contrary intention appears; (d) words and expressions used in respect of the CFTA that are defined in the CFTA have the meaning given to them in the CFTA, unless a contrary intention appears. AR 176/2016 s1;128/2017 Designation of domestic trade agreements 1.1(1) For the purposes of section 2(b) of Schedule 6 to the Act, the NWPTA and TILMA were trade enhancement arrangements entered into by the Government of Alberta before July 1, 2017, consistent with Article 1800 of the AIT. (2) For the purposes of section 2(c) of Schedule 6 to the Act, (a) the CFTA is designated as a domestic trade agreement; (b) commencing July 1, 2017, (i) the NWPTA is designated as a domestic trade agreement, and (ii) the TILMA is designated as a domestic trade agreement. AR 128/2017 s3 Definition of award for the purposes of the Act 2 For the purposes of section 4(2) of Schedule 6 to the Act, award means, (a) in the case of the AIT, (i) an order for Tariff Costs made against the Government of Alberta or a person of a Party, (ii) an order to pay Additional Costs made against the Government of Alberta by a Compliance Panel that is deemed by Article 1725(1) of the AIT to be an order to pay Tariff Costs, and (iii) an order for a Monetary Penalty made against the Government of Alberta; (b) in the case of the NWPTA, (i) a monetary award under Article 29(7), or an award of costs under Article 32, that is contained in a final panel report and that is effective, 2

Section 3 DOMESTIC TRADE AGREEMENTS REGULATION AR 176/2016 (ii) a cost award referred to in Article 38(6)(d) and Article 39, and (iii) a recoupment award issued against the Government of Alberta under Article 38(6)(d) and Article 39; (c) in the case of the TILMA, a monetary award under Article 29(7) or an award of costs under Article 32, that is contained in a final panel report and that is effective; (d) in the case of the CFTA, (i) an order for Tariff Costs made against the Government of Alberta or a person of a Party, (ii) an order to pay Additional Costs made against the Government of Alberta by a Compliance Panel that is deemed by Article 1031(1) of the CFTA to be an order to pay Tariff Costs, and (iii) an order for a Monetary Penalty made against the Government of Alberta. AR 176/2016 s2;128/2017 Designation of officials 3 For the purposes of section 4(4) of Schedule 6 to the Act (a) the Internal Trade Secretariat is designated as the appropriate official or body with respect to awards referred to in section 2(a), and (b) the NWPTA Administrator is designated as the appropriate official or body with respect to the awards under the NWPTA referred to in section 2(b) and the awards under the TILMA referred to in section 2(c), (c) the Internal Trade Secretariat is designated as the appropriate official or body with respect to awards referred to in section 2(d). AR 176/2016 s3;128/2017 Coming into force 4 This Regulation comes into force on the coming into force of section 3(3) of the Statutes Amendment Act, 2014. 3

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