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AR 176/2016 DOMESTIC TRADE AGREEMENTS REGUALTION

(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;

                                 (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,

                                          (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.