Foreign Extraterritorial Measures Act — F-29 8
Attorney General may declare antitrust judgments not to be recognized or enforceable 8 (1) Where a foreign tribunal has given a judgment in proceedings instituted under an antitrust law and, in the opinion of the Attorney General of Canada, the recognition or enforcement of the judgment in Canada has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving a business carried on in whole or in part in Canada or otherwise has infringed or is likely to infringe Canadian sovereignty, the Attorney General of Canada may (a) in the case of any judgment, by order, declare that the judgment shall not be recognized or enforceable in any manner in Canada; or (b) in the case of a judgment for a specified amount of money, by order, declare that, for the purposes of the recognition and enforcement of the judgment in Canada, the amount of the judgment shall be deemed to be reduced to such amount as is specified in the order. Attorney General may declare certain foreign judgments not to be recognized or enforceable (1.1) Where a foreign tribunal has given a judgment in proceedings instituted under a foreign trade law or a provision of a foreign trade law set out in the schedule and, in the opinion of the Attorney General of Canada, the recognition or enforcement of the judgment in Canada has adversely affected or is likely to adversely affect significant interests in Canada, the Attorney General of Canada may (a) in the case of any judgment, by order, declare that the judgment shall not be recognized or enforceable in any manner in Canada; or (b) in the case of a judgment for a specified amount of money, by order, declare that, for the purposes of the recognition and enforcement of the judgment in Canada, the amount of the judgment shall be deemed to be reduced to such amount as is specified in the order. Publication and coming into force (2) Every order made under subsection (1) or (1.1) shall be published in the Canada Gazette and each order comes into force on the later of the day it is published and a day specified in the order as the day on which it is to come into force. Effect of order (3) While an order made under subsection (1) or (1.1) is in force, (a) in the case of an order made under paragraph (1)(a) or (1.1)(a), the judgment to which it relates shall not be recognized and is not enforceable in Canada; and (b) in the case of an order made under paragraph (1)(b) or (1.1)(b), the judgment to which it relates may, if enforceable apart from this Act, be recognized and enforced in Canada as if the amount specified in the order were substituted for the amount of the judgment, and not otherwise. No inference where order not made (4) In any proceedings in Canada to recognize or enforce a judgment given by a foreign tribunal in proceedings instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, or to enforce a concurrent or subsequent judgment for contribution or indemnity related to that judgment, no inference shall be drawn from the fact that the Attorney General of Canada has not made an order under subsection (1) or (1.1) in respect of the judgment. R.S., 1985, c. F-29, s. 8; 1996, c. 28, s. 7