TEXT OF CANADIAN ORDERS IN COUNCIL CONCERNING AUTOMOTIVE PRODUCTS ORDER IN COUNCIL ESTABLISHING REBATE PLAN P.C. 1963-1/1544 At the Government House at Ottawa Tuesday, the 22nd day of October 1963 PRESENT: His Excellency, the GOVERNOR GENERAL IN Council: His Excellency the Governor General in Council, pursuant to Section 22 of the Financial Administration Act, is pleased hereby to order as follows, in accordance with the following minute of the Treasury Board: T.B. 617086 The Board recommends that Your Excellency in Council be pleased to order as follows: 1. (1) In this Order, ORDER (a) "designated period" means any following period, namely: (i) November 1, 1963 to October 31, 1964, (ii) November 1, 1964 to October 31, 1965, or (iii) November 1, 1965 to October 31, 1966; "motor vehicle" means vehicles that, if imported into Canada, would be classified under any of Tariff items 410a (iii), 424 and 438a; (c) "motor vehicle parts" means parts that, if imported into Canada, would be classified under any of Tariff items 410a (iii), 424 and 438a to 438u inclusive, and includes the following motor vehicle parts and accessories, namely, ball and roller bearings, radios, heaters, die castings of zinc, electric storage batteries, and parts of which the component material of chief value is wood or rubber, but does not include tires or tubes. (2) A reference in this Order to the value for Customs duty purposes of any goods shall be construed as a reference to the value for Customs duty purposes of such of those goods as were subject to Customs duties specified in Schedule A to the Customs Tariff. 2. All Customs duties specified in Schedule A to the Customs Tariff payable in respect of the following goods, namely: (a) motor vehicles imported or taken out of warehouse by a motor vehicle manufacturer in Canada during any designated period, and (b) motor vehicle parts for use as orginal equipment for motor vehicles, imported or taken out of warehouse by or on behalf of such manufacturer during that designated period, are remitted to the extent of the duties so payable on such part of the value for Customs duty purposes of those goods as does not exceed the amount (hereinafter referred to as the "excess value") by which 53-606 - 65-3 29 (c) the Canadian content value, as established to the satisfaction of the Minister of National Revenue, of motor vehicles and motor vehicle parts exported by such manufacturer during that designated period, exceeds (d) the Canadian content value, as established to the satisfaction of the Minister of National Revenue, of motor vehicles and motor vehicle parts exported by such manufacturer during the period November 1, 1961 to October 31, 1962, and where the excess value exceeds the value for Customs duty purposes of the goods so imported or taken out of warehouse during that designated period, the amount of such excess may be added to the Canadian content value, as established to the satisfaction of the Minister of National Revenue, of motor vehicles and motor vehicle parts exported by such manufacturer during the immediately preceding period of twelve months in determining the amount of Customs duties specified in Schedule A to the Customs Tariff that may be remitted under this Order or under Order in Council P.C. 1962-1/1536 in respect of goods imported or taken out of warehouse during that preceding period. 3. For the purposes of this Order, (a) a manufacturer is a motor vehicle manufacturer in Canada during any relevant period only if such manufacturer produces in Canada during that period motor vehicles the total number of which so produced is not less than forty percent of the total number of motor vehicles sold by such manufacturer during that period; (b) motor vehicle parts that are produced in Canada by a parts manufacturer and exported and that can be identified, as being for use in the manufacture, repair or maintenance of motor vehicles produced by an affiliate outside Canada of a motor vehicle manufacturer in Canada may be considered to have been exported by such motor vehicle manufacturer; and (c) motor vehicle parts exported for incorporation into motor vehicles to be shipped to Canada shall be deemed not to have been exported if the value of such parts may be taken into account for Customs duty remission purposes under any Order other than this Order upon the subsequent importation of such vehicles. ORDER IN COUNCIL AMENDING REBATE PLAN P.C. 1964-1506 At the Government House at Ottawa Thursday, the 24th day of September 1964 PRESENT: HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL: His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, is pleased hereby to order as follows: 1. Section 3 of Order in Council P.C. 1963-1/1544 of 22d October 1963, is amended by deleting the word "and" after paragraph (b) thereof, by adding the word "and" after paragraph (c) thereof and by adding thereto the following paragraph: "(d) motor vehicles and motor vehicle parts exported under any United States Military prime or subcontracts entered into after August 31, 1964, shall be deemed not to have been exported." ORDER IN COUNCIL REPEALING REBATE PLAN P.C. 1965-1/98 PRESENT: His Excellency the GOVERNOR GENERAL IN COUNCIL: His Excellency the Governor General in Council, pursuant to Section 22 of the Financial Administration Act, is pleased hereby to order as follows, in accordance with the following minute of the Treasury Board:" T.B. 635460 The Treasury Board recommends that your Excellency in Council, pursuant to Section 22 of the Financial Administration Act, be pleased to amend Order in Council P.C. 1963-1/1544, as amended, in accordance with the Schedule hereto. SCHEDULE 1. Paragraph (a) of subsection (1) of section 1 of Order in Council P.C. 1963-1/1544 is revoked and the following substituted therefor: "(a) designated period' means any following period, namely: (i) November 1, 1963 to October 3, 1964, or (ii) November 1, 1964 to January 17, 1965;" 2. (1) Paragraph (a) of section 2 of the said Order is revoked and the following substituted therefor: "(a) motor vehicles imported or taken out of warehouse by a motor vehicle manufacturer in Canada during the designated period November 1, 1963 to October 31, 1964, and" (2) Section 2 of the said Order is further amended by adding thereto the following subsection: "(2) All Customs duties specified in Schedule A to the Customs Tariff payable in respect of the following goods, namely: "(a) motor vehicles imported or taken out of warehouse by a motor vehicle manufacturer in Canada during the designated period November 1, 1964 to January 17, 1965, and "(b) motor vehicle parts for use as original equipment for motor vehicles, imported or taken out of warehouse by or on behalf of such manufacturer during that designated period. are remitted to the extent of the duties so payable on such part of the value for Customs duty purposes of those goods as does not exceed the amount (hereinafter referred to as the 'excess value') by which -exceeds "(c) the Canadian content value, as established to the satisfaction of the Minister of National Revenue, of motor vehicles and motor vehicle parts exported by such manufacturer during that designated period, "(d) 78/365 of the Canadian content value, as established to the satisfaction of the Minister of National Revenue, of motor vehicles and motor vehicle parts exported by such manufacturer during the period November 1, 1961 to October 31, 1962, and where the excess value exceeds the value for Customs duty purposes of the goods so imported or taken out of warehouse during that designated period, the amount of such excess may be added to the Canadian content value, as established to the satisfaction of the Minister of National Revenue, of motor vehicles and motor vehicle parts exported by such manufacturer during the immediately preceding period of twelve months in determining the amount of Customs duties specified in Schedule A to the Customs Tariff that may be remitted under this Order or under Order in Council P.C. 1962-1/1536 in respect of goods imported or taken out of warehouse during that preceding period." ORDER IN COUNCIL ESTABLISHING DUTY-FREE TREATMENT P.C. 1965-99 At the Government House at Ottawa Saturday, the 16th day of January 1965 PRESENT: His Excellency the GOVERNOR GENERAL IN COUNCIL: WHEREAS the Acting Minister of Finance and the Minister of Industry, have reported as follows: 1. That an agreement has been entered into with the United States with respect to the reduction of duties by Canada and the United States on importations of certain automobiles and other vehicles and parts for use as original equipment in certain automobiles and other vehicles; and 2. That it is deemed reasonable by way of compensation for concessions granted by the United States and in order to give effect to the agreement in Canada, to reduce the Customs duties on certain automobiles and other vehicles and parts for use as original equipment in certain automobiles and other vehicles. THEREFORE, His Excellency the Governor General in Council, on the recommendation of the Acting Minister of Finance and the Minister of Industry, is pleased hereby, pursuant to the Customs Tariff, (a) to deem reasonable by way of compensation for concessions granted by the United States the reduction of duties provided for in, and (b) to make, effective the 18th day of January 1965, the annexed Motor Vehicles Tariff Order, 1965, the provisions of which may be cited as "Tariff Item 950". MOTOR VEHICLES TARIFF ORDER 1965 1. The rates of Customs duties on the following goods imported into Canada on or after January 18, 1965, from any country entitled to the benefit fo the British Preferential Tariff or Most-FavouredNation Tariff, for which a special entry in such form and manner as is prescribed by the Minister has been made, are reduced to the rate set out as follows opposite the description of those goods: (1) Automobiles, when imported by a manufacturer of automobiles. - Free. (2) All parts, and accessories and parts thereof, except tires and tubes, Free. when imported for use as original equipment in automobiles to be produced in Canada by a manufacturer of automobiles. (3) Buses, when imported by a manufacturer of buses. (4) All parts, and accessories and parts thereof, except tires and tubes, when imported for use as original equipment in buses to be produced in Canada by a manufacturer of buses. Free. Free. (5) Specified commercial vehicles, when imported by a manufacturer Free. of specified commercial vehicles. (6) All parts, and accessories and parts thereof, except tires, tubes and machines or other articles required under Tariff Item 438a to be valued separately under the tariff items regularly applicable thereto, when imported for use as original equipment in specified commercial vehicles to be produced in Canada by a manufacturer of specified commercial vehicles. 2. (1) In this Order, (a) "automobile" means a four-wheeled passenger automobile having a seating capacity for not more than ten persons; (b) "base year" means the period of twelve months commencing on the 1st day of August 1963 and ending on the 31st day of July 1964; (c) "bus" means a passenger motor vehicle having a seating capacity for more than 10 persons or a chassis therefor, but does not include any following vehicle or chassis therefor, namely an electric trackless trolley bus, amphibious vehicle, tracked or half-tracked vehicle or motor vehicle designed primarily for off-highway use; (d) "Canadian value added" has the meaning assigned by regulations made under section 273 of the Customs Act; (e) "manufacturer" of vehicles of any following class, namely automobiles, buses or specified commercial vehicles, means, in relation to any importation of goods in respect of which the description is relevant, a manufacturer that (i) produced vehicles of that class in Canada in each of the four consecutive three months' periods in the base year, and (ii) produced vehicles of that class in Canada in the period of twelve months ending on the 31st day of July in which the importation is made, (A) the ratio of the net sales value of which to the net sales value of all vehicles of that class sold for consumption in Canada by the manufacturer in that period is equal to or higher than the ratio of the net sales value of all vehicles of that class produced in Canada by the manufacturer in the base year to the net sales value of all vehicles of that class sold for consumption in Canada |