Article 30: Initial Report
Unless the Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article 29.
Unless the Parties otherwise agree, the panel shall, within 180 days after the last panelist is selected, present to the Parties an initial report containing:
(a) findings of fact;
(b) its determination as to whether there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, or any other determination requested in the terms of reference; and
(c) in the event the panel makes an affirmative determination under subparagraph (b), its recommendations, if any, for the resolution of the dispute, which normally shall be that the Party complained against adopt and implement an action plan sufficient to remedy the pattern of non-enforcement.
3. Panelists may furnish separate opinions on matters not unanimously agreed.
4. Either Party may submit written comments to the panel on its initial report within 30 days of presentation of the report.
5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of either Party, may:
(a) request the views of the Parties;
(b) reconsider its report; and
(c) make any further examination that it considers appropriate.
Article 31: Final Report
The panel shall present to the Parties a final report, including any separate opinions on matters not unanimously agreed, within 60 days of presentation of the initial report, unless the Parties otherwise agree.
The Parties shall transmit to the Council the final report of the panel, as well as any written views that either Party desires to be appended, on a confidential basis within 15 days after it is presented to them.
The final report of the panel shall be published five days after it is transmitted to the Council.
Article 32: Implementation of Final Report
If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, the Parties may agree on a mutually satisfactory action plan, which normally shall conform with the determinations and recommendations of the panel.
Article 33: Review of Implementation
1. If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, and:
(a) the Parties have not agreed on an action plan under Article 32 within 60 days of the date of the final report, or
(b) the Parties cannot agree on whether the Party complained against is fully implementing
(i) an action plan agreed under Article 32,
(ii) an action plan deemed to have been established by a panel under paragraph 2, or
(iii) an action plan approved or established by a panel under paragraph 4,
either Party may request that the panel be reconvened by delivering a request in writing to the other Party. The Council shall reconvene the panel on delivery of the request to the other Party.
2. No Party may make a request under paragraph 1(a) earlier than 60 days, or later than 120 days, after the date of the final report. If the Parties have not agreed to an action plan and if no request was made under paragraph 1(a), the last action plan, if any, submitted by the Party complained against to the other Party within 60 days of the date of the final report, or such other period as the Parties may agree, shall be deemed to have been established by the panel 120 days after the date of the final report.
3. A request under paragraph 1(b) may be made no earlier than 180 days after an action plan has been:
(a) agreed under Article 32,
(b) deemed to have been established by a panel under paragraph 2, or
(c) approved or established by a panel under paragraph 4,
and only during the term of any such action plan.
4. Where a panel has been reconvened under paragraph 1(a), it:
(a) shall determine whether any action plan proposed by the Party complained against is sufficient to remedy the pattern of non-enforcement and
(i) if so, shall approve the plan, or
(ii) if not, shall establish such a plan consistent with the law of the Party complained against, and
(b) may, where warranted, impose a monetary enforcement assessment in accordance with Annex 33, within 90 days after the panel has been reconvened or such other period as the Parties may agree.
5. Where a panel has been reconvened under paragraph 1(b), it shall determine either that:
(a) the Party complained against is fully implementing the action plan, in which case the panel may not impose a monetary enforcement assessment, or
(b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 33,
within 60 days after it has been reconvened or such other period as the Parties may agree.
6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final.
Article 34: Further Proceeding
A complaining Party may, at any time beginning 180 days after a panel determination under Article 33(5)(b), request in writing that a panel be reconvened to determine whether the Party complained against is fully implementing the action plan. On delivery of the request to the other Party, the Council shall reconvene the panel. The panel shall make the determination within 60 days after it has been reconvened or such other period as the Parties may agree.
Article 35: Domestic Enforcement and Collection
1. For the purposes of this Article, "panel determination" means:
(a) a determination by a panel under Article 33(4)(b) or 5(b)that provides that the Party complained against shall pay a monetary enforcement assessment; and
(b) a determination by a panel under Article 33(5)(b) that provides that the Party complained against shall fully implement an action plan where the panel:
(i) has previously established an action plan under Article 33(4)(a)(ii) or imposed a monetary enforcement assessment under Article 33(4)(b); or
(ii) has subsequently determined under Article 34 that the Party complained against is not fully implementing an action plan.
2. In Canada, the procedures shall be the following:
(a) subject to subparagraph (b), the National Secretariat of Chile, acting on behalf of the Commission, may in the name of the Commission file in a court of competent jurisdiction a certified copy of a panel determination;
(b) the National Secretariat of Chile, acting on behalf of the Commission, may file in court a panel determination that is a panel determination described in paragraph 1(a) only if Canada has failed to comply with the determination within 180 days of when the determination was made;
(c) when filed, the panel determination, for purposes of enforcement, shall become an order of the court;
(d) the National Secretariat of Chile, acting on behalf of the Commission, may take proceedings for enforcement of a panel determination that is made an order of the court, in that court, against the person against whom the panel determination is addressed in accordance with paragraph 6 of Annex 41;
(e) proceedings to enforce a panel determination that has been made an order of the court shall be conducted by way of summary proceedings;
(f) in proceedings to enforce a panel determination that is a panel determination described in paragraph 1(b) and that has been made an order of the court, the court shall promptly refer any question of fact or any question of interpretation of the panel determination to the panel that made the panel determination, and the decision of the panel shall be binding on the court;
(g) a panel determination that has been made an order of the court shall not be subject to domestic review or appeal; and
(h) an order made by the court in proceedings to enforce a panel determination that has been made an order of the court shall not be subject to review or appeal.
3. In Chile, the procedures shall be the following:
(a) subject to subparagraph (b), the National Secretariat of Canada, acting on behalf of the Commission, may in the name of the Commission file in a court of competent jurisdiction a certified copy of a panel determination;
(b) the National Secretariat of Canada, acting on behalf of the Commission, may file in court a panel determination that is a panel determination described in paragraph 1(a) only if Chile has failed to comply with the determination within 180 days of when the determination was made;
(c) the court of competent jurisdiction is the Supreme Court;
(d) the National Secretariat of Canada, acting on behalf of the Commission, shall certify that the panel determination is final and not subject to appeal;
(e) the Supreme Court shall issue a resolution ordering the enforcement of the panel determination within 10 days of when the petition was filed; and
(f) the resolution of the Supreme Court shall be addressed to the competent administrative authority for its prompt compliance.
4. Any change by the Parties to the procedures adopted and maintained by each of them pursuant to this Article that has the effect of undermining the provisions of this Article shall be considered a breach of this Agreement.
Article 36: Funding of Panel Proceedings
The Parties shall agree on a separate budget for each set of panel proceedings pursuant to Articles 24 to 34. The Parties shall contribute equally to this budget.
Part Six. General Provisions
Article 37: Enforcement Principle
Nothing in this Agreement shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.
Article 38: Private Rights
No Party may provide for a right of action under its law against the other Party on the ground that the other Party has acted in a manner inconsistent with this Agreement.
Article 39: Protection of Information
1. Nothing in this Agreement shall be construed to require a Party to make available or allow access to information:
(a) the disclosure of which would impede its environmental law enforcement; or
(b) that is protected from disclosure by its law governing business or proprietary information, personal privacy or the confidentiality of governmental decision making.
2. If a Party provides confidential or proprietary information to the other Party, the Council, a National Secretariat, the Joint Submission Committee or the Joint Public Advisory Committee, the recipient shall treat the information on the same basis as the Party providing the information.
3. Confidential or proprietary information provided by a Party to a panel under this Agreement shall be treated in accordance with the rules of procedure established under Article 28.
Article 40: Relation to Other Environmental Agreements
Nothing in this Agreement shall be construed to affect the existing rights and obligations of either Party under other international environmental agreements, including conservation agreements, to which such Party is a party.
Article41: Extent of Obligations
Annex 41 applies to the Parties specified in that Annex.
Article 42: National Security
Nothing in this Agreement shall be construed:
(a) to require a Party to make available or provide access to information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to prevent a Party from taking any actions that it considers necessary for the protection of its essential security interests relating to
(i) arms, ammunition and implements of war, or
(ii) the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices.
Article 43: Funding of the Commission
Each Party shall contribute an equal share of the annual budget of the Commission, subject to the availability of appropriated funds in accordance with the Party's legal procedures. Neither Party shall be obligated to pay more than the other Party in respect of an annual budget.
Article 44: Definitions
1. For purposes of this Agreement:
A Party has not failed to "effectively enforce its environmental law" or to comply with Article 5(1) in a particular case where the action or inaction in question by agencies or officials of that Party:
(a) reflects a reasonable exercise of their discretion in respect of investigatory, prosecutorial, regulatory or compliance matters; or
(b) results from bona fide decisions to allocate resources to enforcement in respect of other environmental matters determined to have higher priorities;
"citizen" means a citizen as defined in Annex 44.1 for the Party specified in that Annex;
"non-governmental organization" means any scientific, professional, business, non-profit, or public interest organization or association which is neither affiliated with, nor under the direction of, a government;
"persistent pattern" means a sustained or recurring course of action or inaction beginning after the date of entry into force of this Agreement;
"province" means a province of Canada, and includes the Yukon Territory and the Northwest Territories and their successors; and
"territory" means for a Party the territory of that Party as set out in Annex 44.1.
2. Except as otherwise provided in Annex 44.2, for purposes of Article 14(1) and Part Five:
(a) "environmental law" means any statute or regulation of a Party, or provision thereof, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through
(i) the prevention, abatement or control of the release, discharge, or emission of pollutants or environmental contaminants,
(ii) the control of environmentally hazardous or toxic chemicals, substances, materials and wastes, and the dissemination of information related thereto, or
(iii) the protection of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas
in the Party's territory, but does not include any statute or regulation, or provision thereof, directly related to worker safety or health.
(b) For greater certainty, the term "environmental law" does not include any statute or regulation, or provision thereof, the primary purpose of which is managing the commercial harvest or exploitation, or subsistence or aboriginal harvesting, of natural resources.
(c) The primary purpose of a particular statutory or regulatory provision for purposes of subparagraphs (a) and (b) shall be determined by reference to its primary purpose, rather than to the primary purpose of the statute or regulation of which it is part.
3. For purposes of Article 14(3),"judicial or administrative proceeding" means:
(a) a domestic judicial, quasi-judicial or administrative action pursued by the Party in a timely fashion and in accordance with its law. Such actions comprise: mediation; arbitration; the process of issuing a license, permit, or authorization; seeking an assurance of voluntary compliance or a compliance agreement; seeking sanctions or remedies in an administrative or judicial forum; and the process of issuing an administrative order; and
(b) an international dispute resolution proceeding to which the Party is party.
Part Seven . Final Provisions
Article 45: Annexes
The Annexes to this Agreement constitute an integral part of the Agreement.
Article 46: Entry into Force
This Agreement shall enter into force on June 2, 1997, immediately after entry into force of the CCFTA, on an exchange of written notifications certifying the completion of necessary legal procedures.
Article 47: Amendments
The Parties may agree on any modification of or addition to this Agreement.
When so agreed, and approved in accordance with the applicable legal procedures of each Party, a modification or addition shall constitute an integral part of this Agreement.
Article 48: Accession of Chile to theNorth American Agreement on Environmental Cooperation
The Parties shall work toward the early accession of Chile to the North American Agreement on Environmental Cooperation.
Article 49: Termination
Either Party may terminate this Agreement by giving written notice to the other Party. Such termination shall take effect six months after the date of receipt of written notice by the other Party.
Article 50: Authentic Texts
The English, French, and Spanish texts of this Agreement are equally authentic.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE in duplicate, in Ottawa, this 6th day of February, 1997.
For the Government of Canada
For the Government of Republic of Chile
Agreement on Labour Cooperation Between the Government of Canada and the Government of the Republic of Chile
Preamble
The Government of Canada and the Government of the Republic of Chile (Chile):
Recalling their resolve in the Canada-Chile Free Trade Agreement (CCFTA) to:
create an expanded and secure market for the goods and services produced in their territories,
enhance the competitiveness of their firms in global markets,
create new employment opportunities and improve working conditions and living standards in their respective territories, and
protect, enhance and enforce basic workers' rights;
Affirming their continuing respect for each other's Constitution and law;
Desiring to build on their respective international commitments and to strengthen their cooperation on labour matters;
Recognizing that their prosperity depends on the promotion of competition based on innovation and rising levels of productivity and quality;
Seeking to complement the economic opportunities created by the CCFTA with the human resource development, labour-management cooperation and continuous learning that characterize high-productivity economies;
Acknowledging that protecting basic workers' rights will encourage firms to adopt high-productivity competitive strategies;
Resolved to promote, in accordance with their respective laws, high-skill, high-productivity economic development in their countries by:
investing in continuous human resource development, including for entry into the workforce and during periods of unemployment;
promoting employment security and career opportunities for all workers through employment services;
strengthening labour-management cooperation to promote greater dialogue between worker organizations and employers and to foster creativity and productivity in the workplace;
promoting higher living standards as productivity increases;
encouraging consultation and dialogue between labour, business and government;