Article 1707.2: Enforcement of Monetary Penalty Order and Tariff Costs Order

1. Where a Compliance Panel has made an order for a monetary penalty, the monetary penalty is immediately due and payable. The Complaint Recipient shall pay a Complaining Party the amount stated in the order to be paid by the Complaint Recipient to the Complaining Party, and shall confirm in writing to the Secretariat when it has done so.

2. Where the Complaint Recipient is a Party that has implemented the enforcement mechanism for monetary penalties referred to in Article 1701(4)(b)(i) (Court Enforcement), a complaining party in whose favour a monetary penalty has been ordered shall:

(a) promptly take such registration, filing or other action as is required by the legislation and administrative practice of the Complaint Recipient to commence the process of enforcing the monetary penalty in the same manner as an order against the Crown in that Party’s superior courts; and

(b) immediately advise the Complaint Recipient that such action has been taken, but may not take any further action to enforce the order until 60 days after the date of the order unless the Complaint Recipient consents to further action before such time.

3. If a Complaint Recipient that has deposited a Standby with the Secretariat has not paid a monetary penalty within 60 days of the date of the monetary penalty order, the Secretariat shall demand payment in accordance with Rule 10 of Annex 1705(1).

4. Within 20 days of receiving notice pursuant to Rule 10 of Annex 1705(1) that its Standby has been drawn upon, a Complaint Recipient shall replenish the Standby and deposit with the Secretariat written confirmation signed by the Complaint Recipient’s financial institution and addressed to the Secretariat that the Standby has been replenished to the amount required under Annex 1707.1(2).

5. Unless a Party that has filed a Standby has confirmed to the Secretariat and all other Parties that it has taken the steps necessary to ensure enforcement of monetary penalties pursuant to Article 1701(4)(b)(i) (Court Enforcement), the Party shall file with the Secretariat no later than 60 days prior to the expiry of its Standby, a new Standby to take effect upon the expiry of the former Standby.

6. Where an Appellate Panel has made an order for Tariff Costs, the Tariff Costs are immediately due and payable. The Party against which the order was made shall pay the amount stated in the order to the Party in whose favour the order was made, and shall confirm in writing to the Secretariat when it has done so.

7.Where the Party against which an order for Tariff Costs has been made is a Party that has implemented the enforcement mechanism for Tariff Costs referred to in Article 1701(4)(a) (Court Enforcement), a Party in whose favour the order was made shall:

(a)promptly take such registration, filing or other action as is required by the legislation and administrative practice of the Party against which the order was made to commence the process of enforcing the order in the same manner as an order for costs against the Crown in that Party’s superior courts; and

(b) immediately advise the Party against which the order was made that such action has been taken, but may not take any further action to enforce the order until 60 days

after the date of the order unless the Party against which the order was made consents to further action before such time.