Article 1000: Cooperation
- The Parties undertake to resolve disputes in a conciliatory, cooperative, and harmonious manner.
- 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.
- 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
- This Chapter applies to the avoidance and resolution of disputes between Parties, or Persons and Parties, regarding the interpretation or application of this Agreement.
- Part B does not apply to Chapter Four (Regulatory Notification, Reconciliation, and Cooperation).
- Part B does not apply to:
- a complaint falling within the scope of Article 518 (Review Procedures); or
- measures adopted or maintained by a Party’s regional, local, district, or other form of municipal government.
- Within eighteen months of the effective date, each Party shall have taken steps necessary to ensure that:
- 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;
- 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
- an order for Monetary Penalties made by a Compliance Panel may be enforced:
- in the same manner as an order against the Crown in the Party’s superior courts; or
- through a Standby deposited with the Secretariat in the form set out in Annex 1001.4(c)(ii).
- Each Party shall notify the Secretariat and the other Parties of the enforcement mechanism it has put in place pursuant to paragraph 4.
- After the effective date, the Secretariat shall report annually to the Committee on the Parties that have not filed a notification under paragraph 5.
- 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.
- 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.
- 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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