when filed, the panel determination, for purposes of enforcement, shall become an order of the court;
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 in Canada against whom the panel determination is addressed in accordance with paragraph 6 of Annex43;
proceedings to enforce a panel determination that has been made an order of the court shall be conducted in Canada by way of summary proceedings;
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;
a panel determination that has been made an order of the court shall not be subject to domestic review or appeal; and
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.
In Chile, the procedures shall be the following:
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;
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 the Party complained against has failed to comply with the determination within 180 days of when the determination was made;
the court of competent jurisdiction is the Supreme Court;
the National Secretariat of Canada, acting on behalf of the Commission, shall certify that the panel determination is final and not subject to appeal;
the Supreme Court shall issue a resolution ordering the enforcement of the panel determination within 10 days of when the petition was filed;
the resolution of the Supreme Court shall be addressed to the competent administrative authority for its prompt compliance.
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 38: Funding of Panel Proceedings
The Parties shall agree on a separate budget for each set of panel proceedings pursuant to Articles 26 to 36. The Parties shall contribute equally to this budget.
Part Six - General Provisions
Article 39: Enforcement Principle
Nothing in this Agreement shall be construed to empower a Party's authorities to undertake labour law enforcement activities in the territory of the other Party.
Article 40: Private Rights
Neither Party may provide for a right of action under its domestic law against the other Party on the ground that the other Party has acted in a manner inconsistent with this Agreement.
Article 41: Protection of Information
If a Party provides confidential or proprietary information to the other Party, including its National Secretariat, or the Council, the recipient shall treat the information on the same basis as the Party providing the information.
Confidential or proprietary information provided by a Party to an ECE or a panel under this Agreement shall be treated in accordance with the rules of procedure established under Articles 22 and 30.
Article 42: Cooperation with the ILO
The Parties shall seek to establish cooperative arrangements with the ILO to enable the Council and Parties to draw on the expertise and experience of the ILO for purposes of implementing Article 22(1).
Article 43: Extent of Obligations
Annex 43 applies to the Parties specified in that Annex.
Article 44: Definitions
For purposes of this Agreement:
A Party has not failed to "effectively enforce its occupational safety and health, child labour or minimum wage technical labour standards" or comply with Article 3(1) in a particular case where the action or inaction by agencies or officials of that Party:
reflects a reasonable exercise of the agency's or the official's discretion with respect to investigatory, prosecutorial, regulatory or compliance matters; or
results from bona fide decisions to allocate resources to enforcement in respect of other labour matters determined to have higher priorities;
"citizen" means a citizen as defined in Annex 44 for the Party specified in that Annex;
"labour law" means laws and regulations, or provisions thereof, that are directly related to:
freedom of association and protection of the right to organize;
the right to bargain collectively;
the right to strike;
prohibition of forced labour;
labour protections for children and young persons;
minimum employment standards, such as minimum wages and overtime pay, covering wage earners, including those not covered by collective agreements;
elimination of employment discrimination on the basis of grounds such as race, religion, age, sex, or other grounds as determined by each Party's domestic laws;
equal pay for men and women;
prevention of occupational injuries and illnesses;
compensation in cases of occupational injuries and illnesses; or
protection of migrant workers;
"mutually recognized labour laws" means laws of both Parties that address the same general subject matter in a manner that provides enforceable rights, protections or standards;
"pattern of practice" means a course of action or inaction beginning after the date of entry into force of the Agreement, and does not include a single instance or case;
"persistent pattern" means a sustained or recurring pattern of practice;
"province" means a province of Canada, and includes the Yukon Territory and the Northwest Territories and their successors;
"publicly available information" means information to which the public has a legal right under the statutory laws of the Party;
"technical labour standards" means laws and regulations, or specific provisions thereof, that are directly related to subparagraphs (d) through (k) of the definition of labour law. For greater certainty and consistent with the provisions of this Agreement, the setting of all standards and levels in respect of minimum wages and labour protections for children and young persons by each Party shall not be subject to obligations under this Agreement. Each Party's obligations under this Agreement pertain to enforcing the level of the general minimum wage and child labour age limits established by that Party;
"territory" means for a Party the territory of that Party as set out in Annex 44; and
"trade-related" means related to a situation involving workplaces, firms, companies or sectors that produce goods or provide services:
traded between the territories of the Parties; or
that compete, in the territory of the Party whose labour law was the subject of ministerial consultations under Article 20, with goods or services produced or provided by persons of the other 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 the North American Agreement on Labor Cooperation
The Parties shall work toward the early accession of Chile to the North American Agreement on Labor 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 the written notice by the other Party.
Article 50: Authentic Texts
The Spanish, English and French texts of this Agreement are equally authentic.
In Witness Whereof , the undersigned, being duly authorized by the 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 the Republic of Chile
Annex 1. Labour Principles
The following are guiding principles that the Parties are committed to promote, subject to each Party's domestic law, but do not establish common minimum standards for their domestic law. They indicate broad areas of concern where the Parties have developed, each in its own way, laws, regulations, procedures and practices that protect the rights and interests of their respective workforces.
Freedom of association and protection of the right to organize
The right of workers exercised freely and without impediment to establish and join organizations of their own choosing to further and defend their interests.
The right to bargain collectively
The protection of the right of organized workers to freely engage in collective bargaining on matters concerning the terms and conditions of employment.
The right to strike
The protection of the right of workers to strike in order to defend their collective interests.
Prohibition of forced labour
The prohibition and suppression of all forms of forced or compulsory labour, except for types of compulsory work generally considered acceptable by the Parties, such as compulsory military service, certain civic obligations, prison labour not for private purposes and work exacted in cases of emergency.
Labour protections for children and young persons
The establishment of restrictions on the employment of children and young persons that may vary taking into consideration relevant factors likely to jeopardize the full physical, mental and moral development of young persons, including schooling and safety requirements.
Minimum employment standards
The establishment of minimum employment standards, such as minimum wages and overtime pay, for wage earners, including those not covered by collective agreements.
Elimination of employment discrimination
Elimination of employment discrimination on such grounds as race, religion, age, sex or other grounds, subject to certain reasonable exceptions, such as, where applicable, bona fide occupational requirements or qualifications and established practices or rules governing retirement ages, and special measures of protection or assistance for particular groups designed to take into account the effects of discrimination.
Equal pay for women and men
Equal wages for women and men by applying the principle of equal pay for equal work in the same establishment.
Prevention of occupational injuries and illnesses
Prescribing and implementing standards to minimize the causes of occupational injuries and illnesses.
Compensation in cases of occupational injuries or illnesses
The establishment of a system providing benefits and compensation to workers or their dependents in cases of occupational injuries, accidents or fatalities arising out of, linked with or occurring in the course of employment.
Protection of migrant workers
Providing migrant workers in a Party's territory with the same legal protection as the Party's nationals in respect of working conditions.
Annex 21. Interpretive Ruling
Where a Party has requested the Council to convene an ECE, the Council shall, on the written request of the other Party, select an independent expert to make a ruling concerning whether the matter is:
trade-related; or
covered by mutually recognized labour laws.
The Council shall establish rules of procedure for the selection of the expert and for submissions by the Parties. Unless the Council decides otherwise, the expert shall present a ruling within 15 days after the expert is selected.
Annex 35. Monetary Enforcement Assessments
Any monetary enforcement assessment shall be no greater than 10 million dollars (U.S.) or its equivalent in the currency of the Party complained against.
In determining the amount of the assessment, the panel shall take into account:
the pervasiveness and duration of the Party's persistent pattern of failure to effectively enforce its occupational safety and health, child labour or minimum wage technical labour standards;
the level of enforcement that could reasonably be expected of a Party given its resource constraints;
the reasons, if any, provided by the Party for not fully implementing an action plan;
efforts made by the Party to begin remedying the pattern of non-enforcement after the final report of the panel; and
any other relevant factors.
All monetary enforcement assessments shall be paid in the currency of the Party complained against into a fund established in the name of the Commission by the Council and shall be expended at the direction of the Council to improve or enhance the labour law enforcement in the Party complained against, consistent with its law.
Annex 43. Extent of Obligations
On the date of signature of this Agreement, or of the exchange of written notifications under Article 46, Canada shall set out in a declaration a list of any provinces for which Canada is to be bound in respect of matters within their jurisdiction. The declaration shall be effective on delivery to Chile, and shall carry no implication as to the internal distribution of powers within Canada. Canada shall notify Chile six months in advance of any modification to its declaration.
Unless a communication relates to a matter that would be under federal jurisdiction if it were to arise within the territory of Canada, the Canadian National Secretariat shall identify the province of residence or establishment of the author of any communication regarding the labour law of Chile that it forwards to the Chilean National Secretariat. The Chilean National Secretariat may choose not to respond if that province is not included in the declaration made under paragraph 1.
Canada may not request consultations under Article 20, the establishment of an Evaluation Committee of Experts under Article 21, consultations under Article 25, or the establishment of a panel under Article 26 at the instance, or primarily for the benefit, of the government of a province not included in the declaration made under paragraph 1.
Canada may not request consultations under Article 20, the establishment of an Evaluation Committee of Experts under Article 21, consultations under Article 25, or the establishment of a panel under Article 26, unless Canada states in writing that the matter would be under federal jurisdiction if it were to arise within the territory of Canada, or:
Canada states in writing that the matter would be under provincial jurisdiction if it were to arise within the territory of Canada; and
the federal government and the provinces included in the declaration account for at least 35 percent of Canada's labour force for the most recent year in which data are available; and
where the matter concerns a specific industry or sector, at least 55 percent of the workers concerned are employed in provinces included in Canada's declaration under paragraph 1.
Chile may not request consultations under Article 20, the establishment of an Evaluation Committee of Experts under Article 21, consultations under Article 25, or the establishment of a panel under Article 26, concerning a matter related to a labour law of a province unless that province is included in the declaration made under paragraph 1 and the requirements of subparagraphs 4(b) and (c) have been met.
Canada shall, no later than the date on which an arbitral panel is convened pursuant to Article 26 respecting a matter within the scope of paragraph 5 of this Annex, notify Chile in writing of whether any monetary enforcement assessment or action plan imposed by a panel under Article 35(4) or (5) against Canada shall be addressed to Her Majesty in right of Canada or Her Majesty in right of the province concerned.
Canada shall use its best efforts to make the Agreement applicable to as many of its provinces as possible.
Annex 44. Country-Specific Definitions
For purposes of this Agreement:
"citizen" means:
with respect to Canada, a natural person who is a citizen of Canada under the Citizenship Act, R.S.C. 1985, c. C-29, as amended from time to time or under any successor legislation; and
with respect to Chile, a Chilean as defined in Article 10 of the Political Constitution of the Republic of Chile (Constitución Política de la República de Chile); and
"territory" means:
with respect to Canada, the territory to which its customs laws apply, including any areas beyond the territorial seas of Canada within which, in accordance with international law and its domestic law, Canada may exercise rights with respect to the seabed and subsoil and their natural resources; and
with respect to Chile, the land, maritime, and air space under its sovereignty, and the exclusive economic zone and the continental shelf over which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law.