Canada-Colombia Agreement on Labour Cooperation
- In determining the amount of the monetary assessment, the panel shall take into account:
- the pervasiveness and duration of the Party’s failure to comply with its obligations within the meaning of subparagraph 2(b) of Article 17;
- the reasons for the Party’s failure to comply with such obligation, including, where relevant, its failure to observe the terms of an action plan;
- the level of compliance that could reasonably be expected of the Party given its resource constraints;
- the efforts made by the Party to begin remedying such non-compliance after the final report of the panel, including through the implementation of any mutually agreed action plan; and
- any other relevant factors.
The amount of the assessment shall not exceed 15 million U.S. dollars annually, or its equivalent in the currency of the Party complained against.
- On the date on which the panel determines the amount of the monetary assessment under paragraph 2 of Article 20, or at any time thereafter, the requesting Party may provide notice in writing to the other Party demanding payment of the monetary assessment. The monetary assessment shall be payable in U.S. dollars, or in an equivalent amount of the currency of the other Party, in equal, quarterly instalments beginning 60 days after the requesting Party provides such notice and ending on the date of any panel determination under paragraph 2 of Article 21.
- In Canada, the procedures for enforcement of the monetary assessment shall be the following:
- Colombia may file in a court of competent jurisdiction a certified copy of a panel determination under Article 20(2) only if Canada has failed to comply with a notice provided under Article 20(4) within 180 days of it being made;
- when filed, the panel determination, for purposes of enforcement, shall become an order of the court;
- Colombia may take proceedings for enforcement of a panel determination that is made an order of the court, in that court, against the person in Canada against whom the panel determination is addressed in accordance with paragraph 4 of Annex 5;
- proceedings to enforce a panel determination that has been made an order of the court shall be conducted in Canada by way of summary proceedings, provided that the court shall promptly refer any question of fact or any question of interpretation of the panel determination to the panel that made the determination, and the decision of the panel shall be binding on the court;
- a panel determination that has been made an order of the court shall not be subject to domestic review or appeal; and
- an order made by the court in proceedings to enforce a panel determination that has been made an order of the court shall not be subject to review or appeal.
- In Colombia, the procedures for enforcement of the monetary assessment shall be the following. If Colombia has failed to comply with a notice provided under paragraph 4 of Article 20 within 180 days of it being made, the panel determination in Colombia shall be executed:
- as if it were a decision ordering the payment of a set amount by an international court constituted by a treaty ratified by Colombia; or,
- Canada may present to the State Council (Consejo de Estado) or other competent body a certified copy of a panel determination under Article 20.2(b) and may demand compliance with the panel determination. Canada will be entitled to execute directly the panel determination in Colombia as if it were a final ruling issued by a court in Colombia, and will not be subject to domestic review or appeal. The panel determination will be a clear, express and executable obligation pursuant to the rules on the execution of rulings in force in Colombia and therefore will not require to be recognized and follow an exequatur in Colombia.
- Any change by the Parties to the procedures adopted and maintained by each of them pursuant to this Article that has the effect of undermining the provisions of this Article shall be considered a breach of this Agreement.
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