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24 June 2019
In a step towards ratifying the United States-Mexico-Canada Agreement (USMCA), the Canadian government introduced Bill C-100, entitled "An Act to implement the Agreement between Canada, the United States of America and the United Mexican States" in Parliament on 29 May 2019.
Canada, the United States and Mexico signed the USMCA, dubbed at the time as the North American Free Trade Agreement (NAFTA 2.0), on 30 November 2018. If ratified, the USMCA will replace the NAFTA and will require several changes to Canada's IP laws, including the following four changes, which are of particular significance:
There are further impacts on Canadian IP law stemming from the USMCA (for further details please see "USMCA versus NAFTA: what's changed and what it means for intellectual property in Canada").
Bill C-100 has received its first reading in the House of Commons. After a second reading and debate in the house, the bill will be sent to a committee for review and a report will be sent to the house. After passing a third reading in the House of Commons, it will undergo a similar process in the Senate. Once the house and Senate have passed Bill C-100 in the same form, it can receive royal assent by the governor general and subsequently become law. The act would largely come into force on the day on which the USMCA enters into force.
For further information on this topic please contact David Schwartz at Smart & Biggar/Fetherstonhaugh by telephone (+1 613 232 2486) or email (firstname.lastname@example.org). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
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