PART B: Person-to-Government Dispute Resolution

Article 1014: Pre-existing Dispute

If, before the effective date, a Complaining Person in a Pre-existing Dispute has requested that proceedings be initiated under Article 1712(1) (Initiation of Proceedings by Government on Behalf of Persons) or Article 1713(1) (Initiation of Proceedings by Persons) of the Agreement on Internal Trade, the proceedings in the Pre-existing Dispute shall be conducted in accordance with the provisions of the Agreement on Internal Trade until the dispute is concluded.
For greater certainty, a Presiding Body established under Article 1717 (Establishment of Presiding Body), Article 1720 (Appellate Panel: Jurisdiction and Process), or Article 1721 (Mutually Satisfactory Resolution, Confirmation of Compliance and Request for Compliance Panel) of the Agreement on Internal Trade for the purposes of the Pre-existing Dispute shall determine the matter in accordance with the provisions of the Agreement on Internal Trade.
The procedures set out in Chapter Seventeen and Annex 1705(1) and 1718(1) (Panel, Compliance Panel and Appellate Panel Rules of Procedure) of the Agreement on Internal Trade shall continue to apply to the Pre-existing Dispute until the dispute is concluded.
If a Complaining Person has not made a request that proceedings be initiated pursuant to Article 1712(1) (Initiation of Proceedings by Government on Behalf of Persons) or Article 1713(1) (Initiation of Proceedings by Persons) of the Agreement on Internal Trade before the effective date, resolution of a dispute can only be pursued through the procedures established in this Chapter.

Article 1015: Initiation of Proceedings by Government on Behalf of Persons

A Person of a Party may request that the Party initiate, on the Person’s behalf, Proceedings under Part A regarding the actual measure of another Party.
The request shall be in writing and shall:
1. specify the actual measure complained of;
2. list the relevant provisions of this Agreement;
3. provide a brief summary of the complaint;
4. provide a description of the administrative remedies pursued or other steps taken, if any, to attempt to resolve the dispute, and the dates, outcomes, and current status of the remedies;
5. explain how the measure has impaired trade, investment, or labour mobility within Canada; and
6. identify the actual injury or denial of benefit caused by the measure.
Before deciding whether to initiate Proceedings on behalf of the Person, the Party may require the Person to exhaust all administrative remedies available to the Person by written notice given within 30 days after the date of delivery of the Person’s request. If, after having exhausted all available administrative remedies, the Person still wishes the Party to pursue Proceedings under Part A on the Person’s behalf, it may reissue its request made under paragraphs 1 and 2 by further written notice to the Party.
The Party shall decide whether to initiate Proceedings on behalf of the Person:
1. within 30 days after the date of delivery of the Person’s request, if no notice was given to the Person under paragraph 3; or
2. within 30 days after the date of delivery of the Person’s notice to the Party to reissue its request under paragraph 3,

and shall, within that period, provide written notice to the Person of the decision. If the Party chooses not to initiate Proceedings, the notice shall include reasons for the decision. Failure to provide the notice to the Person within the 30-day period is d eemed to be notice that the Party has chosen not to initiate Proceedings, for the purposes of Article 1016.1(a).

If the Party chooses to initiate Proceedings, it shall request consultations in accordance with Article 1003 within 10 days after it has provided notice to the Person of its decision to initiate Proceedings and thereafter, the matter shall be resolved in accordance with Part A.
If the Initiating Party, on behalf of a Person, chooses not to request the establishment of a Panel under Article 1004.1, it shall provide written notice to the Person within 120 days after having delivered a request for consultations under Article 1003.1, setting out reasons for the decision. Failure to provide the notice to the Person within that period is deemed to be notice that the Initiating Party has chosen not to request the establishment of a Panel, for purposes of Article 1016.1(b).

Article 1016: Initiation of Proceedings by Persons

Subject to paragraphs 4 and 5, and Articles 1001.2, 1001.3, and 1001.7, a Person of a Party may request that Proceedings be initiated in respect of matters, other than those covered by Chapter Five (Government Procurement), within 60 days after receiving or being deemed to have received:
1. notice under Article 1015.4 that a Party will not initiate Proceedings on the Person’s behalf; or
2. notice under Article 1015.6 that a Party will not request the establishment of a Panel.
The Person requesting that Proceedings be initiated shall provide a request in writing to the Party of the Person, to the Party complained against, and to the Secretariat. The request shall be accompanied by:
1. the notice of refusal provided to the Person, or if the notice was not provided, a statement by the Person that no notice of refusal was received;
2. a brief summary of the dispute, together with copies of the Person’s original request made under Article 1015;
3. if applicable, a waiver provided to the Person pursuant to paragraph 6; and
4. the acknowledgement and consent form referred to in paragraph 3.
The request to initiate Proceedings shall be accompanied by a signed acknowledgement and consent, in a form agreed by the Parties and available from the Secretariat, in which the Person acknowledges its obligation to co-operate and to pay costs, and to post security for the costs, if so ordered by a Presiding Body, and consents to the process set out in this Chapter.
No Person is entitled to initiate Proceedings under paragraph 1 if:
1. more than two years have elapsed since the date on which the Person acquired, or should have acquired, knowledge of the alleged inconsistent measure and knowledge that the Person incurred loss or damage or suffered a denial of benefit, and no notice was given to the Person under Article 1015.3; or
2. if notice was given to the Person under Article 1015.3, more than two years have elapsed since the date on which the Person exhausted all available administrative remedies.
No Person is entitled to initiate Proceedings under this Article with respect to a measure that is or has been the subject of a request for a Panel under Article 1004 or Article 1018 until three years after whichever of the following applies:
1. the date on which written notice of a mutually satisfactory resolution regarding that measure was filed with the Secretariat under Article 1010.3 or Article 1027.3;
2. the date of a Report regarding that measure issued under Article 1008 or Article 1025 from which no appeal has been taken; or
3. the date of a final decision regarding that measure following an appeal made under Article 1009.1 or Article 1026.1.
A Party or Complaint Recipient may agree to waive any of the time limitations in this Article and allow a Person to initiate Proceedings, if the Person would be prevented from doing so by paragraphs 4 or 5. A waiver provided under this paragraph shall be in writing, and shall be provided to the Person wanting to make, or having made, a request under paragraph 2, with a copy to the Secretariat and to the Party of the Person.

Article 1017: Consultations

A Person that has initiated Proceedings may request consultations with the Complaint Recipient respecting the complaint, by delivering written notice to the Complaint Recipient within 60 days after making a request under Article 1016.1, and, on the same date, to the other Parties and to the Secretariat. The notice shall specify the actual measure complained of, the relevant provisions of this Agreement, and provide a brief summary of the complaint.
No Person may request consultations under this Article with respect to a measure that is or has been the subject of a request for a Panel under Article 1018 until three years after whichever of the following applies:
1. (a) the date on which written notice of a mutually satisfactory resolution
  regarding that measure was filed with the Secretariat under Article 1027.3;
2. (b) the date of the issuance of a Report regarding that measure under Article 1025 from which no appeal has been taken; or
3. (c) the date of a final decision regarding that measure following an appeal made under Article 1026.1.
A Person that fails to request consultations in accordance with paragraph 1 is deemed to have abandoned the request made by the Person under Article 1016.2.
A Party that considers itself to have a substantial interest in the matter, within the meaning of Article 1023.3, may participate in the consultations by delivering written notice of its intention to participate to the Person having requested the consultations, to the other Parties and to the Secretariat within 10 days of the delivery by the Person of a request made under paragraph 1.
The Person and Complaint Recipient may, by agreement, request one or more relevant working groups, from the list filed by the Parties with the Secretariat, to assist them in resolving the dispute.
A request for assistance made under paragraph 5 shall be delivered in writing to each working group being requested to assist, to the Consulting Participants, and to the Secretariat.
A working group, in giving assistance requested under paragraph 6, shall consider any matter referred to it as expeditiously as possible, particularly matters regarding perishable goods.
If the matter is not resolved to the satisfaction of the Person and Complaint Recipient within 60 days of delivery by the Person of a request made under paragraph 1, the Person and Complaint Recipient may, by agreement, request the assistance of relevant responsible Ministers or members of the Committee whose assistance would be helpful in resolving the dispute.
A request for assistance made under paragraph 8 shall be delivered in writing to the Ministers or members of the Committee, to the Consulting Participants, and to the Secretariat.
In providing assistance requested under paragraph 8, the Ministers or members of the Committee may seek the advice of technical experts, establish other working groups or fact-finding bodies, facilitate the use of conciliation, mediation, and other dispute resolution mechanisms, and make recommendations.
Consultations shall be confidential and without prejudice to the rights of the Person, the Complaint Recipient, and the Consulting Participants in any Proceedings.
The Person, the Complaint Recipient, and the Consulting Participants shall exchange all information necessary to enable a full examination to be made of how the measure or other matter may affect the operation of this Agreement. In so doing, they shall treat any confidential information received on the same basis as the Person or Party providing the confidential information treats it.
If the Person and the Complaint Recipient agree, they may proceed directly under Article 1018, in which case, this Article does not apply.

Article 1018: Request for Panel

If the matter in question has not been resolved to the satisfaction of the Person, the Person may make a written request to the Secretariat, with a copy to the Committee, to establish a Panel. A request to establish a Panel shall be made no sooner than 120 days after the Person delivered a request for consultations to the Complaint Recipient that complies with Article 1017.1, and no later than 180 days after delivery of the request for consultations. If a request to establish a Panel has not been made within 180 days after delivery of the request for consultations, the Person is deemed to have abandoned the matter that was the subject of the complaint.
If the Person and Complaint Recipient have agreed to proceed directly under this Article pursuant to Article 1017.13, the Person and the Complaint Recipient may, promptly after reaching the agreement, make a written request to the Secretariat, with a copy to the Committee, to establish a Panel.
A request to establish a Panel shall:
1. specify the actual measure complained of;
2. list the relevant provisions of this Agreement;
3. provide a brief summary of the complaint;
4. explain how the measure has impaired trade, investment, or labour mobility
  within Canada; and
5. identify the injury or denial of benefit caused by the measure.
If the Complaint Recipient is of the view that the dispute concerns the interpretation or application of Annex 309 (Electricity Transmission Service Providers and Trade in Electricity Transmission Services), and the Complaining Person has not specifically listed that Annex as one of the relevant provisions of this Agreement in its request to establish a Panel, the Complaint Recipient shall notify the Secretariat regarding the relevancy of that Annex to the dispute by delivery of written notice to the Secretariat, with a copy of the Committee, within 10 days after the date of delivery by the Complaining Person to the Secretariat of the request to establish a Panel.

Article 1019: Establishment of Presiding Body

Subject to Annex 309 (Electricity Transmission Service Providers and Trade in Electricity Transmission Services), the Presiding Body shall be established in accordance with this Article and shall be composed of three members unless the Disputants agree to a Presiding Body composed of one member.
Within 30 days after the date of delivery by the Complaining Person to the Secretariat of a request to establish a Presiding Body, each Disputant shall appoint one panellist to the Presiding Body from the roster of panellists maintained pursuant to Article 1005.2. If the Disputants have agreed to a Presiding Body composed of one member, within the 30 days, they shall appoint, by consensus, one panellist from the roster of
panellists having administrative law experience as identified pursuant to Rule 4 of Annex 1005.2. Notice of the appointments shall be provided by each Disputant to the Secretariat, and the Secretariat shall then notify the selected panellists, and the other Participants, of the appointments.
If a Disputant fails to appoint a panellist within the 30 days, or, if the Disputants have agreed to a Presiding Body composed of one member and the Disputants fail to agree on the panellist within the 30 days, the Secretariat shall select the panellist by lot.
The appointed panellists shall, within 10 days after the last panellist has been appointed, select the chairperson of the Presiding Body from the roster. If the panellists are unable to agree on the chairperson within that period, the Secretariat shall select the chairperson by lot.
If neither of the panellists appointed or selected pursuant to this Article has administrative law experience as identified pursuant to Rule 4 of Annex 1005.2, the panellists or the Secretariat, as the case may be, shall select an individual with administrative law experience to be the chairperson.
If a Disputant requests that the chairperson be bilingual (French and English), the chairperson selected pursuant to the procedures set out in paragraphs 3 or 4, as the case may be, shall be bilingual.
Unless the Disputants otherwise agree, the panellists or the Secretariat, as the case may be, shall not appoint or select as the chairperson any individual who has been appointed to the roster of panellists by the Complaint Recipient, or who is resident in a Complaint Recipient’s Province.
The Presiding Body shall be established on the date of the selection of the chairperson under paragraphs 4 or 5. The Secretariat shall notify the Participants and the Committee of the establishment of the Panel.

Article 1020: Request for Summary Dismissal of Proceedings

Within 45 days after the establishment of a Panel under Article 1019.8, the Complaint Recipient may request that the Panel summarily dismiss the Proceeding if the Panel determines that:
1. the complaint is frivolous or vexatious;
2. the complaint constitutes an abuse of process;
3. the Person does not have standing to initiate Proceedings under this Agreement;
4. the subject matter of the complaint does not fall within the scope of this Agreement; or
5. the Person has not satisfied the requirements in Article 1016.2 or Article 1016.3 or the Person is not entitled to initiate Proceedings under Article 1016.4, Article 1016.5, Article 1033.6 or Article 1033.8.
A request for summary dismissal shall be made in writing to the Secretariat and Panel, together with the documents required in Rule 1 of Annex 1020.
In considering the request for summary dismissal, the Panel shall follow the procedural rules set out in Annex 1020.

Article 1021: Report of Panel: Request for Summary Dismissal of the Proceeding

Within 45 days of receipt of a request for summary dismissal of the Proceeding under Article 1020.1, the Panel shall issue a Report based on the submissions of the Participants and any other evidence received during the course of the Proceeding.
The Report shall contain:
1. findings of fact relevant to the determination made;
2. a determination, with reasons, as to whether the request should be granted or denied in whole or in part;
3. if applicable, and at the discretion of the Panel, an order awarding Tariff Costs to the Complaining Person or Complaint Recipient, as provided for in Annex 1040; and
4. a determination as to the apportionment of Operational Costs as provided for in Annex 1040.
If, in a Report under paragraph 1, a request for summary dismissal is:
1. granted, the Proceeding initiated under Article 1020.1 shall be terminated;
2. granted in part, only the part of the complaint that is denied may be heard by the Panel in accordance with this Part;
3. denied, the Panel shall proceed to hear the matter in accordance with this Part.
The Report is final and not subject to judicial review or appeal under Article 1009.1 or Article 1026.1.

Article 1022: Terms of Reference

The terms of reference for a Panel shall be to examine whether the actual measure at issue is inconsistent with this Agreement.

Article 1023: Parties Added as Intervenors

A Party that has a substantial interest in the matter in dispute within the meaning of paragraph 3 is entitled to join the Proceeding as an Intervenor on delivery of written notice to the Complaining Person, to the other Parties, and to the Secretariat, within 15 days after the date of delivery to the Secretariat of a request to establish a Panel under Article 1018.1.
Paragraph 1 does not apply to the Party of the Complaining Person.
A Party has a substantial interest in the matter in dispute if:
1. the Party maintains a measure that is analogous to the one at issue; or
2. the Party is a Province and has a significant number of Persons carrying on
  business in its territory who are affected by the measure at issue.

Article 1024: Presiding Body Rules of Procedure

The Panel, Compliance Panel, and Appellate Panel Rules of Procedure in Annex 1007.1 and 1024.1 shall apply to Proceedings under this Part, unless modified, if appropriate, by a Presiding Body.
A Presiding Body may seek information and expert advice from any Person or body that it considers appropriate, provided that the Participants agree and subject to the following terms and conditions and to any other terms and conditions agreed by the Participants:
1. If a procedural question arises, the Presiding Body shall first seek advice from the Participants. If the procedural question is not resolved to the satisfaction of the Presiding Body, the Presiding Body may request that the Secretariat obtain independent legal advice on the procedural question.
2. A request under paragraph (a) shall be in writing to the Secretariat, with copies to the Participants, and shall outline the procedural question on which advice is sought. The Secretariat shall retain appropriate counsel and transmit the advice immediately to the Presiding Body, with copies to the Participants.
All Proceedings before a Presiding Body shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit.
Subject to Article 203.3 (Transparency) and Article 517.2 (Disclosure of Information), and to all applicable privileges, protections, or requirements provided for by law, the Disputants shall exchange all information in their possession that is relevant to the issues in dispute with each other, and provide copies thereof to the other Participants, so as to ensure that the issues in dispute are fully presented and heard by the Presiding Body. In so doing, the Disputants and Participants shall treat any confidential information received on the same basis as the Disputant providing the confidential information treats it.

Article 1025: Report of Panel

The Panel shall issue a Report based on the submissions of the Participants and any other evidence received during the course of the Proceeding.
If the Panel cannot release the Report within the period stipulated in Rule 52 of Annex 1007.1 and 1024.1, it does not lose jurisdiction and shall inform the Participants in writing of the reasons for the delay together with an estimate of the date by which it will issue the Report.
The Report shall contain:
1. findings of fact;
2. a determination, with reasons, as to whether the measure in question is
  inconsistent with this Agreement;
3. if an affirmative determination has been made under (b), a determination, with reasons, as to whether the measure has impaired trade, investment, or labour mobility within Canada and has caused injury or denied a benefit;
4. recommendations, if requested by a Disputant, to assist in resolving the dispute;
5. if applicable, and at the discretion of the Panel, a stipulation of the period within which the Complaint Recipient shall comply with this Agreement;
6. if applicable, and at the discretion of the Panel, an order awarding Tariff Costs to the Complaining Person, as provided for in Annex 1040; and
7. a determination as to apportionment of Operational Costs as provided for in Annex 1040.
The Panel retains jurisdiction for the purpose of assessing a cost order after it issues the Report, and may make a cost order at the request of a Disputant or on its own initiative.
Within 10 days after the receipt of the Report, a Participant may, with notice to the chairperson of the Panel, the Secretariat, and the other Participants, request that the Panel:
1. clarify one or more aspects of the Report, in which case the Panel shall, within 15 days of receipt of the notice, provide the clarification; or
2. correct in the Report any errors in computation or translation, any clerical or typographical errors, or any errors of a similar nature, in which case the Panel may, within 15 days of receipt of the notice, make the corrections it considers appropriate.

Article 1026: Appellate Panel: Jurisdiction and Process

A Disputant may appeal a Report to an Appellate Panel on the grounds that the Panel erred in law, failed to observe a principle of natural justice, or acted beyond or refused to exercise its jurisdiction. An Intervenor may not appeal a Report.
If a Disputant provides a notice of appeal as provided for in Annex 1007.1 and 1024.1, an Appellate Panel shall be established in accordance with Article 1019, except that the members of the Appellate Panel shall be selected from the Appellate Panel Roster established pursuant to Article 1005.2 and Annex 1005.2 and, notwithstanding Article 1019.1, shall be composed of three members.
On receipt by the Secretariat of a notice of appeal, any requirement for a Complaint Recipient to comply with this Agreement within a stipulated time or to pay Tariff Costs or for a Participant to pay Operational Costs is suspended until such time as the appeal, and any subsequent re-hearing by the Panel that may be required, are concluded.
The Appellate Panel shall issue the Appellate Report with reasons which:
1. may confirm, vary, rescind, or substitute the Report in whole or in part, or refer the matter back to the Panel for re-hearing; and
2. shall include an order for Operational Costs in accordance with Annex 1040, and may include, in the Panel’s discretion, an order for Tariff Costs in accordance with Annex 1040.
If the Appellate Panel cannot release the Appellate Report within the period stipulated in Rule 65 of Annex 1007.1 and 1024.1, it does not lose jurisdiction and shall inform the Participants in writing of the reasons for the delay together with an estimate of the date by which it will issue the Appellate Report.
The Appellate Panel retains jurisdiction for the purposes of assessing a cost order after it issues the Appellate Report, and may make a cost order at the request of a Disputant or on its own initiative.
If a matter is not referred back for re-hearing, the Appellate Report is deemed to be the Report for purposes of determining compliance under Articles 1027.9 through 1028.14, together with those parts of the Report which have not been superseded by the Appellate Report.
If an Appellate Panel refers a matter back to the Panel for re-hearing, the Secretariat, in consultation with the Participants, shall fix a date to reconvene the Panel forthwith.
Within 10 days after receipt of the Appellate Report, a Disputant may, with notice to the Secretariat and the other Disputants, request that the Appellate Panel:
1. clarify one or more aspects of the Appellate Report, in which case the Appellate Panel shall, within 15 days of receipt of the notice, provide the clarification; or
2. correct in the Appellate Report any errors in computation or translation, any clerical or typographical errors, or any errors of a similar nature, in which case the Appellate Panel may, within 15 days of receipt of the notice, make the corrections it considers appropriate.

Article 1027: Mutually Satisfactory Resolution, Confirmation of Compliance, and Request for Compliance Panel

The Parties agree that the prompt resolution of disputes is for the benefit of all Disputants.
Whenever possible, a dispute shall be resolved by removing or amending the measure that was determined to be inconsistent with this Agreement.
If the Disputants resolve the dispute at any stage of a Proceeding, written notice of such resolution shall be delivered to the other Parties, to the Secretariat, and to the Presiding Body, if any. On receipt of the not ice by the Secretariat, the Proceeding shall be terminated.
Proceedings may be suspended, either at the request of the Disputants or by order of the Presiding Body, in order to continue or resume consultations, or to negotiate a mutually satisfactory resolution.
If a Proceeding has been suspended pursuant to paragraph 4, if neither Disputant has made an application to end the suspension within 36 months of the date of suspension, the complaint that initiated the Proceeding is deemed to have been withdrawn and the Proceeding shall be terminated.
If a Panel has determined in a Report that a measure is inconsistent with this Agreement, the Complaint Recipient may notify the Complaining Person that the Complaint Recipient has complied with this Agreement in respect of the matters addressed in the Report. The notice shall be in writing, include a description of the manner of such compliance, and be delivered to the Complaining Person, to the other Participants, and to the Secretariat.
A Complaining Person may, within 30 days of delivery to it of a notice under paragraph 6, object to the notice. The objection shall be in writing, include a description of the reasons for its objection, and be delivered to the Complaint Recipient, to the other Participants, and to the Secretariat.
If no objection has been delivered under paragraph 7, the Complaint Recipient is deemed to have complied with this Agreement in respect of the matters addressed in the Report.
One year following the issuance of a Report or, if applicable, an alternate implementation period stipulated by the Panel in the Report, either of the Disputants may request that the Secretariat reconvene the Panel as a Compliance Panel to make a determination as to whether the Complaint Recipient has complied with this Agreement in respect of the matters addressed in the Report.
Notwithstanding paragraph 9, a Complaint Recipient may request a Compliance Panel immediately upon the delivery by the Complaining Person to the Complaint Recipient of an objection made under paragraph 7.
The Compliance Panel shall issue a Compliance Report containing:
1. a determination on whether or not the Complaint Recipient has, with regard to the matter in dispute, brought itself into compliance with this Agreement;
2. if the determination is that there has not been compliance, a Monetary Penalty order made in accordance with Article 1028;
3. at the discretion of the Compliance Panel, an order apportioning Operational Costs, as provided for in Annex 1040;
4. at the discretion of the Compliance Panel, an order awarding Tariff Costs, as provided for in Annex 1040;
5. at the discretion of the Compliance Panel, an order awarding Additional Costs, as provided for in Annex 1040; and
6. if an order for a Monetary Penalty has been made, a form of order that
  1. is enforceable in the same manner as an order against the Crown in the superior courts of the Party against which the order is made; or
  2. the Secretariat will rely on when, in accordance with Rule 19 of Annex 1007.1 and 1024.1, it demands payment by the financial institution that issued a Standby on behalf of the Party against whom the order is made.
The Compliance Panel retains jurisdiction for the purpose of assessing a cost order after it issues the Compliance Report, and may make a cost order at the request of a Disputant or on its own initiative.
Within 10 days after receipt of the Compliance Report, a Disputant, with notice to the chairperson of the Compliance Panel and the Secretariat, may request that the Compliance Panel:
1. clarify one or more aspects of the Compliance Report, in which case the Compliance Panel shall, within 15 days of receipt of the notice, provide the clarification; or
2. correct in the Compliance Report any errors in computation or translation, any clerical or typographical errors, or any errors of a similar nature, in which case the Compliance Panel may, within 15 days of receipt of the notice, make the corrections it considers appropriate.
If the Compliance Panel cannot release the Compliance Report within the period stipulated in Rule 70 of Annex 1007.1 and 1024.1, it does not lose jurisdiction and shall inform the Participants in writing of the reasons for the delay together with an estimate of the date by which it will issue the Compliance Report.

Article 1028: Monetary Penalty

In determining the amount of a Monetary Penalty, the Compliance Panel shall be guided by the primary purpose of a Monetary Penalty which is to encourage compliance with this Agreement. The Compliance Panel shall also consider:
1. the seriousness of the inconsistency with the Complaint Recipient’s obligations under this Agreement;
2. the magnitude of the impact of the inconsistency on the market;
3. if the Complaint Recipient has previously been found by a Presiding Body in a Proceeding not to have been compliant with this Agreement, whether the complaint has been resolved or remains outstanding;
4. whether the Complaint Recipient has made efforts, in good faith, to comply with this Agreement in respect of the matters addressed in the Report before the Compliance Panel; and
5. subject to paragraph 3, any other factor the Compliance Panel considers relevant.
Notwithstanding anything else in this Part, the amount of a Monetary Penalty ordered against a Complaint Recipient shall not exceed the maximum amount set out for such Party in Annex 1011.2 and 1028.2.
When determining the amount of a Monetary Penalty payable by a Complaint Recipient, a Compliance Panel shall not take into account whether:
1. any Presiding Body in the matter has ordered the Complaint Recipient to pay Tariff Costs to the Complaining Person, or the amount of any Tariff Costs ordered; or
2. the Compliance Panel has ordered or intends to order that the Complaint Recipient pay Additional Costs to the Complaining Person, or the amount of any Additional Costs ordered.

Article 1029: Enforcement of Monetary Penalty Orders

If a Compliance Panel has made an order for a Monetary Penalty under Article 1027.11, the Monetary Penalty is immediately due and payable.
Notwithstanding anything else in this Part, in no case is a Party required to pay more in respect of Total Ordered Costs and Monetary Penalties than the maximum Monetary Penalty provided for that Party in Annex 1011.2 and 1028.2. If in any Proceeding the Total Ordered Costs and Monetary Penalties exceed that maximum, the amount that the Party is required to pay into the Fund pursuant to paragraph 3 is automatically reduced by the total amount of the excess.
The amount of the Monetary Penalty, or of the Monetary Penalty remaining after the application of paragraph 2, is payable to “Internal Trade Secretariat Corporation”. Payment shall be forwarded to the Secretariat, which shall deposit it into the Fund promptly after receipt.
A Party shall pay all Tariff Costs and Additional Costs it has been ordered to pay to a Complaining Person before it pays the Monetary Penalty pursuant to paragraph 3, and shall confirm in writing to the Secretariat when it has done so.
If a Party that has deposited a Standby with the Secretariat has not paid a Monetary Penalty ordered under Article 1027.11 within 60 days of the issuance of the Compliance Report, the Secretariat shall demand payment in accordance with Rule 19 of Annex 1007.1 and 1024.1.
Within 20 days of receiving notice under Rule 19 of Annex 1007.1 and 1024.1 that its Standby has been drawn upon, a Party shall replenish the Standby and deposit with the Secretariat written confirmation signed by the Party’s financial institution and addressed to the Secretariat that the Standby has been replenished to the amount required under Annex 1011.2 and 1028.2.
Unless a Party that has filed a Standby has confirmed to the Secretariat and the other Parties that it has taken the steps necessary to ensure enforcement of Monetary Penalties pursuant to Article 1001.4(c)(i), the Party shall file with the Secretariat no later than 60 days prior to the expiry of its Standby, a new Standby to take effect upon the expiry of the former Standby.

Article 1030: Enforcement of Tariff Costs Orders

Where a Panel or Compliance Panel has made an order for Tariff Costs in favour of a Complaining Person, or if an Appellate Panel has made an order for Tariff Costs against a Disputant, the Tariff Costs are immediately due and payable.
The Party against which the Panel or Compliance Panel made an order for Tariff Costs shall pay the amount stated in the order to the Complaining Person and confirm in writing to the Secretariat when it has done so.
If an Appellate Panel has made an order for Tariff Costs against a Disputant, the Disputant against whom the order was made shall pay the amount stated in the order to the Disputant in whose favour the order was made and confirm in writing to the Secretariat when it has done so.
If a Party against which an order for Tariff Costs has been made is a Party that has implemented the enforcement mechanism for Tariff Costs referred to in Article 1001.4(a), a Person in whose favour the order was made:
1. may promptly take such registration, filing, or other action as is required by the legislation or administrative practice of the Party against which the order was made, to commence the process of enforcing the order in the same manner as an order against the Crown in the Party’s superior courts; and
2. shall immediately advise the Party against which the order was made that such action has been taken,

but may not take any further action to enforce the order until 60 days after the date of the order, except by consent of the Party against which the order was made.

If a Disputant against whom an order for Tariff Costs has been made is a Person, a Party in whose favour the order was made:
1. may promptly take such registration, filing, or other action as is required to commence the process of enforcing the order; and
2. shall immediately advise the Complaining Person against which or whom the order was made that such action has been taken,

but the Party may not take any further action to enforce the order until 60 days after the date of the order, except by consent of the Person against which or whom the order was made.

Article 1031: Additional Costs Orders

An order of a Compliance Panel to pay Additional Costs is deemed to be an order against a Party to pay Tariff Costs, for purposes of enforcing the Additional Costs order.
If a Compliance Panel has made an order for Additional Costs, the Additional Costs are immediately due and payable. The Party against which the order has been made shall pay the amount stated in the order to the Complaining Person, and shall confirm in writing to the Secretariat when it has done so.
If the Party against which an order for Additional Costs has been made has implemented the enforcement mechanism for Tariff Costs referred to in Article 1001.4(a), the Complaining Person:
1. may promptly take such registration, filing, or other action as is required by the legislation or administrative practice of the Party, to commence the process of enforcing the order in the same manner as an order against the Crown in the Party’s superior courts; and
2. immediately advise the Party that such action has been taken,

but may not take further action to enforce the order until 60 days after the date of the order unless the Party consents to further action before such time.

Article 1032: Internal Trade Advancement Fund

Pursuant to Article 1029.3, the Fund, as established under Article 1726 (Internal Trade Advancement Fund) of the Agreement on Internal Trade, is continued under this Agreement.
All disbursements made out of the Fund, other than disbursements required for the administration of the account, shall be made by direction of the Committee and used solely to support special pan- Canadian research, education, or strategic initiatives that advance trade, investment, or labour mobility within Canada.
Fund monies shall not be used to compensate Parties for expenses incurred as a consequence of the use or administration of this Agreement or be allocated as general revenue among the Parties.

Overview