Agreement on Labour Cooperation between Canada and Jordan

Article 1: General Commitments

1. Each Party shall ensure that its labour law and practices embody and provide protection for the following internationally recognized labour principles and rights:
   1. freedom of association and the right to collective bargaining (including protection of the right to organize and the right to strike);
   2. the elimination of all forms of forced or compulsory labour;
   3. the effective abolition of child labour (including protections for children and young persons);
   4. the elimination of discrimination in respect of employment and occupation (including equal pay for women and men);
   5. acceptable minimum employment standards, such as minimum wages and overtime pay, for wage earners, including those not covered by collective agreements;
   6. the prevention of occupational injuries and illnesses;
   7. compensation in cases of occupational injuries or illnesses; and
   8. non-discrimination in respect of working conditions for migrant workers.
2. To the extent that the principles and rights stated above relate to the ILO, paragraphs (a) to (d) refer only to the ILO 1998 Declaration, whereas the rights stated in paragraphs (e), (f), (g) and (h) more closely relate to the ILO's Decent Work Agenda.

Article 2: Non-Derogation

Each Party shall not, as a means to encourage trade or investment, waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labour laws in a manner that weakens or reduces adherence to the internationally recognized labour principles and rights referred to in Article 1.

Article 3: Government Enforcement Action

1. Each Party shall, through the framework of its national legislation and judicial system, promote compliance with and effectively enforce its labour law by taking appropriate government action, such as:
   1. establishing and maintaining effective labour inspection divisions, including by appointing and training inspectors;
   2. monitoring compliance and investigating suspected violations, including through on-site inspections;
   3. requiring record keeping and reporting;
   4. encouraging the establishment of worker-management committees to address labour regulation of the workplace;
   5. providing or encouraging mediation, conciliation and arbitration services; and
   6. initiating, in a timely manner, proceedings to seek appropriate sanctions or remedies for violations of its labour law.
2. Each Party shall ensure that its competent authorities give due consideration, in accordance with its law, to any request by an employer, employee or their representatives, or other interested person, for an investigation of an alleged violation of the Party's labour law.

Article 4: Private Action

Each Party shall ensure that a person with a legally-recognized interest under its labour law has appropriate access through its domestic legislation and judicial system to administrative or tribunal proceedings which can enforce and give effect to the rights protected by such law, including by granting effective remedies for any breaches of such law.

Article 5: Procedural Guarantees

1. Each Party shall ensure that proceedings referred to in subparagraphs (1)(b) and (f) of Article 3 and Article 4 are fair, equitable and transparent and respect due process of law, and to this end shall provide that:
   1. persons who conduct such proceedings are impartial and independent and do not have an interest in the outcome of the matter;
   2. the parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence;
   3. the decision be based on such information or evidence and final decisions on the merits of the case be in writing;
   4. proceedings are open to the public, except where its domestic legislation and the administration of justice otherwise requires; and
   5. the proceedings do not entail unreasonable fees or delays, and the time limits do not impede exercise of the rights.
2. Each Party shall provide that parties to such proceedings have the right, pursuant to its domestic legislation, to seek review and correction of final decisions issued in such proceedings.

Article 6: Public Information and Awareness

1. Each Party shall ensure that its labour law, regulations, procedures and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons and the other Party to become acquainted with them.
2. When so required by its law, each Party shall:
   1. publish in advance any such measure that it proposes to adopt; and,
   2. provide interested persons a reasonable opportunity to comment on such proposed measures.
3. Each Party shall promote public awareness of its labour laws, including by:
   1. ensuring the availability of public information related to its labour laws and enforcement and compliance procedures; and
   2. encouraging education of the public regarding its labour laws.

Article 7: Ministerial Council

1. The Parties hereby establish a Ministerial Council comprised of Ministers responsible for labour affairs of the Parties or their designees.
2. The Council shall meet within the first year after the date of entry into force of this Agreement and thereafter as often as it considers necessary to discuss matters of common interest, to oversee the implementation of the Agreement and review progress under it.
3. Unless the Parties otherwise jointly decide, each meeting of the Council shall include a session at which members of the Council have an opportunity to meet with the public to discuss matters relating to the implementation of this Agreement.
4. The Council may consider any matter within the scope of this Agreement and take such other action in the exercise of its functions as the Parties may jointly decide, including:
   1. establishing, and assigning responsibilities to, committees, working groups or expert groups; and
   2. seeking the advice of independent experts.
5. The Council shall review the operation and effectiveness of the Agreement, including the degree to which progress has been made in implementing the objectives of this Agreement, within five years after the date of entry into force of the Agreement and thereafter within such other period as may be directed by the Council. The Council may call upon one or more independent experts to conduct the review and shall cooperate with the expert or experts in the preparation of the report. Unless the Council directs otherwise, such review:
   1. shall include a literature review, information provided by the Parties and consultation with members of the public, including representatives of labour and business organizations;
   2. may make recommendations for the future; and,
   3. shall be concluded within 180 days of its commencement and made public 30 days thereafter, along with a joint statement by the Council.

Article 8: Cooperative Activities

1. The Parties shall develop a framework for cooperative labour activities for the promotion of the objectives of this Agreement that defines specific projects and programs and their timeframes, including technical assistance programs designed to build capacity and to achieve high labour standards. To the extent possible, such activities shall be linked to any recommendations in any Ministerial Council report referred to in Article 7. An indicative list of areas of possible cooperation between the Parties is set out in Annex 1 to this Agreement.
2. In implementing the framework, the Parties may, commensurate with the availability of resources of each Party, cooperate through:
   1. technical assistance programs, including by providing human, technical, and material resources, as appropriate;
   2. exchange of official delegations, professionals, and specialists, including through study visits and other technical exchanges;
   3. exchange of information on standards, regulations, procedures, and best practices;
   4. exchange or development of pertinent studies, publications, and monographs;
   5. joint conferences, seminars, workshops, meetings, training sessions, and outreach and education programs;
   6. development of joint research projects, studies, and reports, whereby expertise from independent specialists may be solicited;
   7. exchanges on technical labour matters, including through the use of expertise from academic institutions and other similar entities;
   8. exchanges on technology issues, including information systems; and
   9. any other means to which the Parties may agree.
3. The Parties shall carry out the cooperative activities with due regard for the priorities and needs of each Party, as well as the economic, social, cultural and legislative differences between them.

Article 9: National Mechanisms

1. Each Party may convene a new, or consult an existing, national labour advisory or consultative committee, comprising members of its public, including representatives of its labour and business organizations, to provide views on any issues related to this Agreement.
2. Each Party shall establish a National Administrative Office (NAO) within its governmental department responsible for labour affairs and provide to the other Parties its contact information through diplomatic channels.
3. The NAO shall serve as a point of contact with the other Party and perform such functions as are assigned by the Parties or the Council, as well as:
   1. coordinate cooperative programs and activities;
   2. provide information to the other Party, the Review Panels and the public;
   3. receive, accept and review public communications, in accordance with domestic procedures, that are raised by a national of the Party or by an enterprise or organization established in the territory of the Party pertaining to any matters related to this Agreement that arise in the territory of the other Party.
4. Each Party shall, in a cooperative and mutually supportive manner, and as provided for in Annex 2, develop domestic procedures for receipt, acceptance and review of public communications and shall strive to harmonize them as much as possible.

Article 10: General Consultations

1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement.
2. The Parties shall make every attempt, including through cooperation, consultations and the exchange of information, to address any matter that might affect its operation.

Article 11: Ministerial Consultations

1. A Party may request in writing consultations with the other Party at the ministerial level regarding any obligation under this Agreement.
2. The Party that is the object of the request shall respond within 60 days, or within such other period as the Parties may agree.
3. To facilitate discussion of the matters under consideration and assist in arriving at a mutually satisfactory resolution:
   1. each Party shall provide the other with sufficient information in its possession to allow a full examination of the matters raised, subject to any domestic legislation regarding confidential and proprietary information;
   2. either Party may call upon one or more independent experts to prepare a report. The Parties shall make every effort to agree upon the selection of the expert or experts and cooperate with the expert or experts in the preparation of the report. Any report shall be made public within 60 days of its receipt by the Parties, along with any joint statement by the Parties.
4. Ministerial consultations shall be concluded no later than 180 days after the request unless the Parties agree to another date.

Article 12: Establishment of Review Panel

1. The Party that requested the Ministerial Consultations may request that a review panel be established if it considers the consultations have not satisfactorily addressed the matter and that:
   1. the matter is trade-related; and,
   2. the other Party has failed to comply with its obligations under this agreement through:
   1. a persistent pattern of failure to effectively enforce its labour law; or
   2. failure to comply with its obligations under Articles 1 and 2 to the extent that they refer to the ILO 1998 Declaration.
2. Unless otherwise agreed by the Parties, a panel comprised of three independent experts, including a chairperson who is not a national of either Party, shall be established in a manner consistent with the criteria and procedures set out in Annex 3.

Article 13: Conduct of Review and Reports

1. Unless the Parties otherwise agree, the panel shall perform its functions in accordance with the provisions of this Part, Annex 3 and the Model Rules of Procedure. The panel:
   1. shall determine, within 30 days of confirmation of its terms of reference, whether the matter is trade-related and cease its functions if it determines that the matter is not trade-related;
   2. shall provide the Parties with sufficient opportunity to make written and oral submissions to the panel;
   3. may invite or receive and consider written submissions and any other information from organisations, institutions, the public and persons with relevant information or expertise; and,
   4. shall hold proceedings that are open to the public, except to the extent necessary to protect information in accordance with Article 16 and the Model Rules of Procedure.
2. The panel shall present to the Parties a report that:
   1. makes findings of fact;
   2. addresses all facts, views and arguments submitted by the Parties and any relevant information before it pursuant to subparagraph (1)(c);
   3. determines whether the Party that is the object of the review has engaged in non-compliance through a persistent pattern of failure to effectively enforce its labour law or failure to comply with its obligations under Articles 1 and 2 to the extent that they refer to the ILO 1998 Declaration, or any other determination requested in the terms of reference; and,
   4. makes recommendations for resolution of any non-compliance determined under subparagraph (2)(c), which normally shall be that the Party that is the object of the review adopt and implement an action plan sufficient to remedy the pattern of non-compliance.
3. The panel shall present its initial report to the Parties within 120 days after the last panelist is selected unless the panel extends the time period by up to a further 60 days or the Model Rules of Procedure otherwise provide. If the panel extends the time period, it shall first give written notice to both Parties setting out the reasons for the extension of time. The initial report shall remain confidential.
4. Either Party may submit written comments to the panel on its initial report within 30 days of presentation of the report or within such other period as the Parties may agree. After considering such written comments, the panel, on its own initiative or on the request of either Party, may reconsider its report and make any further examination that it considers appropriate.
5. The panel shall present to the Parties a final report within 60 days of the presentation of the initial report, unless the Parties otherwise agree.
6. If, in its final report, a review panel determines that there has been non-compliance within the meaning of subparagraph (2)(c) of Article 13, the Parties may agree on a mutually satisfactory action plan to implement the panel's recommendations.
7. The final report along with any comments by the Parties and any agreed upon action plan shall be made public in the three official languages within 60 days of receipt of the report, or such longer period as the Parties may agree.
8. Following the release of a final report that determines that there has been non-compliance, the requesting Party may request in writing that the panel be reconvened with a view to determining whether or not a monetary assessment needs to be set and paid in accordance with Annex 4.

Article 14: 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 15: 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 16: Protection of Information

1. A Party that receives information identified by the other Party as confidential or proprietary information shall protect such information as confidential or proprietary.
2. A review panel that receives confidential or proprietary information under this Agreement shall treat it in accordance with the Model Rules of Procedure.

Article 17: Cooperation with International and Regional Organisations

The Parties may establish cooperative arrangements with the International Labour Organization and other competent international and regional organisations to draw on their expertise and resources to achieve the objectives of this Agreement.

Article 18: Definitions

For purposes of this Agreement:

1. A Party has not failed to "effectively enforce its labour law" or comply with Article 3 in a particular case where the action or inaction by agencies or officials of that Party:
   1. reflects a reasonable exercise of the agency's or the official's discretion with respect to investigatory, prosecutorial, regulatory or compliance matters; or
   2. results from bona fide decisions to allocate resources to enforcement in respect of other labour matters determined to have higher priorities.
2. days means calendar days, including weekends and holidays;
3. enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture or other association;
4. labour law means laws, regulations and jurisprudence that implement and protect the labour principles and rights set out in Article 1;
5. national means:
   1. with respect to Canada, a permanent resident of Canada or a citizen of Canada under the laws of Canada;
   2. with respect to Jordan, a permanent resident of Jordan or a citizen of Jordan under the legislation of Jordan in force;
6. persistent pattern means a sustained or recurring course of action or inaction beginning after the date of entry into force of this Agreement, and does not include a single instance or case;
7. person means a natural person, an enterprise, or an organization of employers or workers;
8. province means a province of Canada, and includes the Yukon, the Northwest Territories and Nunavut;
9. territory means:
   1. with respect to Canada, (i) its land territory, internal waters, territorial sea, including the air space above these areas; (ii) the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea (UNCLOS); and (iii) the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS;
   2. with respect to Jordan, the land territory, air space, internal waters and territorial seas over which Jordan exercises sovereignty.

Article 19: Annexes

The Annexes to this Agreement constitute an integral part of the Agreement.

Article 20: Official Languages

The official languages for the purposes of this Agreement shall be Arabic, English and French.

Article 21: Entry into Force

Each Party shall notify the other Party in writing of the completion of the domestic procedures required for the entry into force of this Agreement. Unless the Parties agree otherwise, this Agreement shall enter into force from the date of the second of these notifications or the date that the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan enters into force, whichever is later.

Article 22: Amendments

1. At the request of either Party, the Parties shall meet with a view to reviewing and amending this Agreement to reflect developments in their multilateral or bilateral relations on matters covered by this Agreement.
2. The Parties shall agree in writing to any amendment to this Agreement. Each Party shall notify the other Party in writing of the completion of the domestic procedures required for the entry into force of the Amendment. Unless the Parties agree otherwise, the Amendment shall enter into force from the date of the second of these notifications.

Article 23: Termination

1. This Agreement shall remain in force as long as the CJFTA continues in force. Should the CJFTA be terminated, either Party may terminate this Agreement by giving written notice to the other Party. Such termination shall take effect 14 days after the date of the receipt of the written notice, or such later date as specified in the notice.
2. This Agreement may terminate upon the mutual written agreement of the Parties and upon such conditions and within such timeframe as may be mutually agreed upon.

In Witness Whereof the undersigned, being duly authorised thereto, have signed this Agreement.

Done in duplicate at { } , this { } day of { } 2009, in the Arabic, English and French languages, each version being equally authentic.