Article 1000: Cooperation

  1. The Parties undertake to resolve disputes in a conciliatory, cooperative, and harmonious manner.
  2. The Parties shall make every attempt through cooperation, consultations, and other dispute avoidance and resolution processes available to them to arrive at a mutually satisfactory resolution of any matter that may affect the operation of this Agreement.
  3. The Parties shall make every effort to avoid parallel Proceedings regarding the same measure. If multiplicity of Proceedings becomes an issue, a Party may refer the matter to the Committee for recommended action.

Article 1001: Application and Enforcement Mechanisms

  1. This Chapter applies to the avoidance and resolution of disputes between Parties, or Persons and Parties, regarding the interpretation or application of this Agreement.
  2. Part B does not apply to Chapter Four (Regulatory Notification, Reconciliation, and Cooperation).
  3. Part B does not apply to:
    1. a complaint falling within the scope of Article 518 (Review Procedures); or
    2. measures adopted or maintained by a Party’s regional, local, district, or other form of municipal government.
  4. Within eighteen months of the effective date, each Party shall have taken steps necessary to ensure that:
    1. an order for Tariff Costs made by a Presiding Body against a Party may be enforced in the same manner as an order against the Crown in the Party’s superior courts;
    2. an order for Tariff Costs made by a Presiding Body against a Person of a Party may be enforced in the same manner as an order in the Party’s superior courts; and
    3. an order for Monetary Penalties made by a Compliance Panel may be enforced:
      1. in the same manner as an order against the Crown in the Party’s superior courts; or
      2. through a Standby deposited with the Secretariat in the form set out in Annex 1001.4(c)(ii).
  5. Each Party shall notify the Secretariat and the other Parties of the enforcement mechanism it has put in place pursuant to paragraph 4.
  6. After the effective date, the Secretariat shall report annually to the Committee on the Parties that have not filed a notification under paragraph 5.
  7. If a Party has taken an exception against Article 302 (Technical Barriers to Trade) or Article 303 (Sanitary and Phytosanitary Measures) in Annex II of Part VII concerning a cannabis or cannabis accessories-related measure, that Party or a Person of that Party may not initiate or participate in consultations or Proceedings under this Chapter regarding the inconsistency of any other Party’s cannabis or cannabis accessories-related measure with the Article against which it has taken an exception.
  8. Notwithstanding paragraph 7, a Party or a Person of that Party subject to the prohibition in paragraph 7 may participate in consultations or Proceedings under this Chapter that involve the inconsistency of any other Party’s cannabis or cannabis accessories-related measures with, among other obligations under this Agreement, the Article against which the Party subject to paragraph 7 has taken an exception, provided their participation excludes any reference to the application of that Article.
  9. For greater certainty, if a Person is a Person of more than one Party within the meaning of Article 1041 (Definitions), paragraphs 7 and 8 only apply to that Person if proceeding under the Party subject to the prohibition in paragraph 7.

Article 1002: Future Review of Application

The Parties shall, within one year after the effective date, undertake a review to determine whether Part B should apply to measures adopted or maintained by a Party’s regional, local, district, or other forms of municipal government.

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