Analysis of Canada-Chile Agreement on Environmental Cooperation: annexes


Annexes

Annex 33: Monetary Enforcement Assessments This Annex establishes the maximum amount for a monetary enforcement assessment at $10 million dollars U.S. and the criteria for determining the amount of the assessment is set at as well as the method of payment.

Annex 41: Extent of Obligations This Annex sets out Canada's obligations to set out in a declaration a list of any provinces for which Canada is to be bound in respect of matters within provincial jurisdiction. The purpose of this article is to balance the obligations of each country given that responsibility for protection of the environment legislation is a shared jurisdiction in Canada and certain thresholds must be met with respect to matters that would fall under provincial jurisdiction in Canada, before Canada can raise issues not under federal jurisdiction. Canadian access to Council mediation and to arbitrated dispute resolution is limited to laws in the federal jurisdiction until 55% of GDP, as represented by provinces, is covered by the Agreement. In this annex Canada commits its best efforts to make the agreement applicable to as many provinces as possible.

Annex 44.1: Country-specific definitions Self-explanatory.

Annex 44.2 Definition of Environmental Law in Chile Canada has agreed to a phase-in of the application of the definition of environmental law in the Agreement to Chile. This annex outlines that phase-in in three appendices.

Appendix 44B.1 This appendix specifies the Chilean environmental law to which the Agreement will apply immediately upon entry into force.

Appendix 44.B.2 This appendix specifies the Chilean Environmental law to which the Agreement will apply six months after the entry into force.

Appendix 44.B.3 This appendix specifies that within 6 months after entry into force Chile will provide Canada with a schedule indicating the Agreement will apply to all remaining Chilean environmental law. Two years after entry into force the Agreement will apply to all Chilean environmental law.

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