1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
HOUSE OF COMMONS OF CANADA
BILL C-364

An Act to provide compensation to Canadian industry associations and to Canadian exporters who incur financial losses as a result of unjustified restrictive trade actions by foreign governments which are signatories to trade agreements involving Canadian products
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Trade Compensation Act.

INTERPRATION

2. The following definitions apply in this Act.
“Canadian exporter” means a Canadian corporation, company or individual that exports Canadian goods to foreign states.
 “Canadian goods” means goods that originated or were produced in Canada.
 “Canadian industry association” means a group or organization located in Canada representing a particular industry.
“Minister” means the Minister of Finance.
“tribunal” means any court, body or individual that is recognized by the Government of Canada and the foreign state referred to in section 3 as having the authority to make the determination referred to in that section.
“unjustified restrictive trade action” means any action by the government of a foreign state that
(a) has the effect of restricting the movement of Canadian goods into that state; and
(b) contravenes any bilateral or multilat-eral trade agreement that has been entered into by the Government of Canada and that government.

COMPENSATION

3. Where a tribunal determines that a Canadian exporter has, or the members of a Canadian industry association have, on more than one occasion within any period of six years or continuously during any period of more than two years, been the subject of an unjustified restrictive trade action or actions in respect of the export of Canadian goods to a foreign state by the government of that state, the Minister shall pay all reasonable legal expenses incurred by the exporter or the association in any litigation actions enforcing the terms of a trade agreement.

4. If the government of a foreign state requires that a Canadian exporter or a Canadian industry association deposit an amount of money with that government or post a surety or bond pending the final determination of a matter by the tribunal referred to in section 3, the Minister shall provide a loan guarantee to the exporter or association in respect of that deposit, surety or bond.

REGULATIONS

5. Subject to the approval of the Governor in Council, the Minister may make regulations for carrying into effect the purposes and provisions of this Act.

COMING INTO FORCE

6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.