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The North American Environmental and Labour Cooperation Agreements Implementation Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of May 24, 2017.
It has been in effect since October 1, 1997, when this Act came into force.
 

C.C.S.M. c. N95

The North American Environmental and Labour Cooperation Agreements Implementation Act

(Assented to June 28, 1997)

WHEREAS the Government of Canada has entered into the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation with the Government of the United Mexican States and the Government of the United States of America which commit all three countries to close cooperation on environmental and labour issues and provide for the effective enforcement of laws relating to the protection of the environment and labour standards;

AND WHEREAS the Provinces of Canada have significant constitutional authority with respect to the enactment and enforcement of legislation in relation to the protection of the environment and labour standards;

AND WHEREAS the Agreements specifically provide for the separate accession of each of the Governments of the Provinces of Canada, and the Government of Canada and the Governments of the Provinces of Canada cannot claim the full benefit of the Agreements unless they introduce measures to provide for the implementation of the Agreements;

AND WHEREAS the Government of Canada and the Governments of the Provinces of Canada, including the Government of Manitoba, have negotiated the Canadian Intergovernmental Agreement Regarding the North American Agreement on Environmental Cooperation and the Canadian Intergovernmental Agreement Regarding the North American Agreement on Labour Cooperation setting out the means whereby the North American Agreements can best be implemented in the interests of all Canadians;

THEREFORE, HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"appropriate Commission" means

(a) in respect of a panel determination as defined in Annex 36A of the Environmental Cooperation Agreement, the Commission for Environmental Cooperation established under article 8 of that Agreement, and

(b) in respect of a panel determination as defined in Annex 41A of the Labor Cooperation Agreement, the Commission for Labour Cooperation established under Article 8 of that Agreement; (« commission compétente »)

"Canadian Intergovernmental Environmental Agreement" means the Canadian Intergovernmental Agreement Regarding the North American Agreement on Environmental Cooperation signed by the Government of Canada on August 15, 1995 and by the Government of Manitoba on January 21, 1997; (« Accord intergouvernemental canadien sur l'environnement »)

"Canadian Intergovernmental Labour Agreement" means the Canadian Intergovernmental Agreement Regarding the North American Agreement on Labour Cooperation signed by the Government of Canada on May 23, 1995 and by the Government of Manitoba on January 21, 1997; (« Accord intergouvernemental canadien sur le travail »)

"Environmental Cooperation Agreement" means the North American Agreement on Environmental Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 48 of that Agreement; (« Accord sur l'environnement »)

"Labor Cooperation Agreement" means the North American Agreement on Labor Cooperation entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on September 14, 1993, as amended from time to time in accordance with Article 52 of that Agreement; (« Accord sur le travail »)

"panel" means an arbitral panel convened under Article 24 of the Environmental Cooperation Agreement or under Article 29 of the Labor Cooperation Agreement; (« groupe spécial »)

"panel determination" means a panel determination as defined in Annex 36A of the Environmental Cooperation Agreement or Annex 41A of the Labor Cooperation Agreement. (« décision d'un groupe spécial »)

Panel determination may be made an order of Q.B.

2           An appropriate Commission may file a certified copy of a panel determination in the Court of Queen's Bench and, on being filed, the determination is enforceable as an order of the Court.

Enforcement proceedings

3(1)        Notwithstanding subsections 14(2) (injunction or specific performance), 14(4) (limitation on orders or injunctions) and 16(6) (prohibition of execution) of The Proceedings Against the Crown Act, but subject to subsections (2) to (6) of this section, a panel determination that is made an order of the Court of Queen's Bench is enforceable against the Crown in the same manner as any other order of that Court.

Appropriate Commission may enforce against Crown

3(2)        Proceedings for enforcement of a panel determination that is made an order of the Court of Queen's Bench under section 2 may be taken against the Crown only in that Court and only by the appropriate Commission.

No enforcement against minister or official

3(3)        In no case may proceedings be taken against a minister or an official in his or her official or personal capacity.

Hearing in a summary way

3(4)        Any proceedings referred to in subsection (2) shall be heard and determined in a summary way.

Reference to panel

3(5)        If any question of fact or of the interpretation of a panel determination arises in any proceedings referred to in subsection (2), the Court of Queen's Bench shall refer the question to the panel that made the determination, and the decision of the panel on the question is binding on that Court.

No interventions

3(6)        No person or body may intervene in any proceedings referred to in subsection (2).

Determinations, orders and decisions are final

4(1)        Panel determinations, including panel determinations that are made orders of the Court of Queen's Bench under section 2, and orders and decisions made by the Court of Queen's Bench in any proceedings referred to in subsection 3(2) are final and binding and are not subject to appeal to any court.

Limitation on proceedings

4(2)        Subject to section 3, no panel determination, including a panel determination that is made enforceable as an order of the Court of Queen's Bench, no determination or proceedings of a panel made or carried on or purporting to be made or carried on under the Environmental Cooperation Agreement or the Labor Cooperation Agreement, no order or decision made by the Court of Queen's Bench in any proceeding referred to in subsection 3(2) and no proceeding of that Court made or carried on or purporting to be made or carried on under that subsection shall be

(a) questioned, reviewed, set aside, removed, prohibited or restrained; or

(b) made the subject of any proceeding in, or any process or order of, any court, whether by way of or in the nature of an application for judicial review, injunction, certiorari, prohibition, quo warranto, declaration or otherwise;

on any ground, including the ground that the determination, proceeding, order or decision is beyond the jurisdiction of the panel or the Court of Queen's Bench, as the case may be, or that, in the course of any proceeding, the panel or the Court of Queen's Bench for any reason exceeded or lost its jurisdiction.

Procedure on withdrawal from agreement

5(1)        If

(a) the Government of Canada withdraws from the Environmental Cooperation Agreement under Article 50 of that Agreement or from the Labor Cooperation Agreement under Article 54 of that Agreement; or

(b) the Province of Manitoba withdraws from the Canadian Intergovernmental Environmental Agreement or the Canadian Intergovernmental Labour Agreement under article 14 of those respective agreements and thereby signifies its unwillingness to be further bound by the terms of the Environmental Cooperation Agreement or the Labor Cooperation Agreement;

the Attorney General shall file a notice of the withdrawal in the Court of Queen's Bench setting out the Agreement from which Canada has withdrawn or in respect of which the Province of Manitoba signifies its unwillingness to be further bound, and the date on which the withdrawal is effective.

Effect of filing notice

5(2)        A panel determination made under an agreement referred to in a notice filed under subsection (1) may not be enforced under this Act as of the date of withdrawal set out in the notice.

C.C.S.M. reference

6           This Act may be referred to as chapter N95 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

7           This Act comes into force on a day fixed by proclamation.

NOTE: S.M. 1997, c. 5 was proclaimed in force October 1, 1997.