Regulations Amending Certain Department of Transport Regulations Concerning CUSMA (Miscellaneous Program): SOR/2020-150
Canada Gazette, Part II, Volume 154, Number 14
Registration
SOR/2020-150 June 26, 2020
AERONAUTICS ACT
MOTOR VEHICLE SAFETY ACT
P.C. 2020-495 June 25, 2020
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Regulations Amending Certain Department of Transport Regulations Concerning CUSMA (Miscellaneous Program), pursuant to
- (a) section 4.9 footnote a of the Aeronautics Act footnote b; and
- (b) subsection 11(1) footnote c of the Motor Vehicle Safety Act footnote d.
Regulations Amending Certain Department of Transport Regulations Concerning CUSMA (Miscellaneous Program)
Aeronautics Act
Canadian Aviation Regulations
1 Subsection 101.01(1) of the Canadian Aviation Regulations footnote 1 is amended by adding the following in alphabetical order:
- CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)
2 The heading before section 400.05 of the Regulations is replaced by the following:
Authorization to Operate Flight Training Service Under CUSMA
3 The heading before section 700.03 of the Regulations is replaced by the following:
Authorization to Operate Specialty Air Service Under CUSMA
4 Paragraph 702.65(a) of the Regulations is replaced by the following:
- (a) holds the licence and ratings required by Part IV or, where the air operator is the holder of an air operator certificate issued in accordance with Chapter 15 and Annex I — Schedule of Canada of CUSMA, the equivalent foreign licence and ratings;
5 The Regulations are amended by replacing “Chapter 12 and Annex I — Canada of the North American Free Trade Agreement” with “Chapter 15 and Annex I — Schedule of Canada of CUSMA” in the following provisions:
- (a) subsection 400.05(1);
- (b) subsection 700.03(1); and
- (c) paragraph 700.04(3)(a).
Motor Vehicle Safety Act
Motor Vehicle Safety Regulations
6 Subsection 2(1) of the Motor Vehicle Safety Regulations footnote 2 is amended by adding the following in alphabetical order:
- CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (ACEUM)
7 Subsection 12(2) of the Regulations is replaced by the following:
(2) For the purposes of subsections 7(2) and (2.1) of the Act, a passenger car, multi-purpose passenger vehicle, truck or bus that is a “used vehicle” as defined in Article 2.1 of Chapter 2 of CUSMA is a prescribed vehicle from Mexico.
Coming into Force
8 These Regulations come into force on the day on which the Agreement between Canada, the United States of America and the United Mexican States, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States, done at Mexico City on December 10, 2019, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
On September 30, 2018, Canada, the United States (U.S.) and Mexico announced the completion of negotiations toward a revised North American Free Trade Agreement (NAFTA). Following more than a year of negotiations, the three countries reached important outcomes in key areas, including market access, rules of origin for automotive manufacturing, agriculture, labour, environment, intellectual property rights, culture, and dispute settlement. This outcome is expected to strengthen the trilateral commercial relationship and provide much-needed stability and predictability for Canadian businesses and workers.
The Canada-United States-Mexico Agreement (CUSMA) was signed by all parties at Buenos Aires on November 30, 2018, and amended by the Protocol of Amendment to the Agreement between Canada, the United States of America and the United Mexican States on December 10, 2019. An Act to implement the Agreement between Canada, the United States of America and the United Mexican States obtained royal assent on March 13, 2020, and Canada ratified CUSMA on April 2, 2020.
To ensure a smooth transition between CUSMA and NAFTA, a number of minor technical amendments to the Motor Vehicle Safety Regulations and the Canadian Aviation Regulations (collectively known as “the regulations”) are required.
Objective
- Preserve the legal clarity of the regulations; and
- Provide transparency and certainty for Canadian, U.S. and Mexican stakeholders.
Description and rationale
The regulations are amended to replace all NAFTA references with references to CUSMA. Additionally, references to a specific chapter and annex of NAFTA in the Canadian Aviation Regulations have been updated to reflect the appropriate chapter and annex in CUSMA.
One-for-one rule
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.
Small business lens
The small business lens does not apply, as they do not carry any cost impacts nor do they alter the substance of the amendments noted above.
Contact
Cary Seipp
Manager
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: 613‑990‑5578 (Office) or
343‑997‑5912 (Mobile)
Email: cary.seipp@tc.gc.ca