Traduction de «Conformité aux pouvoirs » (Français → Anglais) :

(Return tabled) Question No. 452 Mr. Matthew Kellway: With regard to suppliers of garments and textiles that are manufactured outside Canada, in whole or in part, and which have been contracted by any agency or department of the government: (a) what is the process by which Public Works and Government Services Canada (PWGSC) may ask suppliers for evidence of compliance with local labour laws; (b) on how many occasions has PWGSC asked suppliers for evidence of compliance with local labour laws; (c) if PWGSC has ever requested evidence of supplier compliance with local labour laws, (i) which office within PWGSC initiated these requests an ...[+++]d under whose authority, (ii) why were these requests initiated, (iii) when were these requests initiated, (iv) were these requests for evidence limited in scope to the production process under the direct purview of the supplier, or did they extend to all inputs in the production process even if these inputs were contracted out or otherwise not directly manufactured by the supplier, (v) what type of evidence did PWGSC ask suppliers to provide, (vi) did PWGSC request that suppliers provide evidence verified by independent auditors or inspectors, (vii) did PWGSC ever give individuals from the public, organizations, or governments an opportunity to provide evidence about supplier compliance with local labour laws and to whom were these opportunities extended; (d) if suppliers have ever responded to requests made by the PWGSC for evidence of compliance with local labour laws, (i) how did suppliers respond to these requests, (ii) what information did suppliers provide as evidence, (iii) where and at which office are records of these responses kept, (iv) what method was used by PWGSC to ensure that evidence provided by these suppliers was accurate, (v) did PWGSC ever rely on the services of independent auditors or inspectors to verify the evidence provided by suppliers; (e) what is PWGSC’s policy toward suppliers that are not operating i ...

However, the Commission’s power of appraisal, in the context of compliance with a judgment of the Court of Justice, cannot be exercised in a manner which is prejudicial to the Court’s exclusive jurisdiction to rule on the conformity of national legislation with EU law.

Where comparable legislation already applies (e.g. for medical devices), and where it contains at least the elements specified in Annex VII, it should be acceptable to provide that declaration of conformity to avoid double bureaucracy.The EC declaration of conformity shall be available in the respective official languages of each Member State in which the EEE is placed on the market or made available on the market.

Under the rules set out in the EC Treaty to guarantee the freedom to provide services (Article 49), any operator providing a service in a Member State in accordance with the national law of that State should be allowed to provide the same service without hindrance in the other Member States and, under the rules on the freedom of establishment (Article 43), should also be able set up there without restrictions.

The Commissioner’s regulatory powers in relation to a retail association would be the same as the Commissioner’s powers with respect to a bank (s. 452.1-452.5) and would include the power to: conduct examinations or inquiries into whether the consumer provisions had been complied with; and enter into compliance agreements with the association.

It concluded that the Section 301 law, by reserving for the USTR the right to make a determination of inconsistency even in cases where the DSU proceedings have not been exhausted, constitutes a prima facie violation of Article 23 ("The very discretion under Section 304 is what, in our eyes, creates the presumptive violation" 7.58 of the Panel Report.)