Law:Canadian International Trade Tribunal Act

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R.s.c., 1985, c. 47 (4th Supp.)

An Act to establish the Canadian International Trade Tribunal and to amend or repeal other Acts in consequence thereof

(1988, c. 56, assented to 13th September, 1988)

Contents

Short Title

Short title

1. This Act may be cited as the Canadian International Trade Tribunal Act.


Interpretation

Definitions

2. (1) In this Act,

“Chairman”(Repealed, 1999, c. 12, s. 53)

“Chairperson”

Version anglaise seulement“Chairperson” means the Chairperson of the Tribunal;

“member”

« membre »

“member” means a permanent member, temporary member or substitute member of the Tribunal;

“Minister”

« ministre »

“Minister” means the Minister of Finance;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulations;

“President”

« président »

“President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act.

“serious injury”

« dommage grave »

“serious injury”, in relation to domestic producers of like or directly competitive goods, means a significant overall impairment in the position of the domestic producers;

“textile and apparel goods”

« produits textiles et vêtements »

“textile and apparel goods” means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA or in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, as the case may be;

“threat of serious injury”

« menace de dommage grave »

“threat of serious injury” means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent;

“Tribunal”

« Tribunal »

“Tribunal” means the Canadian International Trade Tribunal established by subsection 3(1);

“World Trade Organization Agreement”

« Accord sur l’Organisation mondiale du commerce »

“World Trade Organization Agreement” has the meaning given to the word “Agreement” in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

Same meaning

(2) In this Act, the words “Agreement” and “NAFTA country” have the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.

Same meaning

(2.1) In this Act,

(a) “CIFTA” has the same meaning as “Agreement” in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act;

(b) “Canada–Israel Free Trade Agreement Tariff” means the rates of customs duty referred to in section 50 of the Customs Tariff; and

(c) “imported from Israel or another CIFTA beneficiary” and “Israel or another CIFTA beneficiary” have the same meaning as in subsection 2(1) of the Customs Tariff.

Same meaning

(3) In this Act,

(a) “CCFTA” has the same meaning as “Agreement” in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; and

(b) “Chile Tariff” means the rates of customs duty referred to in section 46 of the Customs Tariff.

Same meaning

(4) In this Act,

(a) “CCRFTA” has the same meaning as “Agreement” in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; and

(b) “Costa Rica Tariff” means the rates of customs duty referred to in section 49.1 of the Customs Tariff.

Same meaning

(4.1) In this Act,

(a)�“EFTA state” has the same meaning as in subsection 2(1) of the Canada–EFTA Free Trade Agreement Implementation Act;

(b)�“Iceland Tariff” means the rates of customs duty referred to in section 52.1 of the Customs Tariff;

(c)�“Norway Tariff” means the rates of customs duty referred to in section 52.2 of the Customs Tariff; and

(d)�“Switzerland–Liechtenstein Tariff” means the rates of customs duty referred to in section 52.3 of the Customs Tariff.

Definition of “Peru Tariff”

(4.2) In this Act, “Peru Tariff” means the rates of customs duty referred to in section 49.5 of the Customs Tariff.

Goods imported from an EFTA state, a NAFTA country, Chile, Costa Rica or Peru

(5) For the purposes of this Act, goods are iported from an EFTA state, from a NAFTA country, from Chile, from Costa Rica or from Peru if they are shipped directly to Canada from the EFTA state, the NAFTA country, Chile, Costa Rica or Peru, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.

R.S., 1985, c. 47 (4th Supp.), s. 2; 1993, c. 44, s. 32; 1994, c. 47, s. 27; 1996, c. 33, s. 16; 1997, c. 14, s. 19, c. 36, s. 192; 1999, c. 12, s. 53(E); 2001, c. 28, s. 19; 2005, c. 38, s. 54; 2009, c. 6, s. 16, c. 16, ss. 16, 56.

Previous Version

Application

Suspension of certain provisions

2.1 The operation of the provisions referred to in column II of this section is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:


paragraphs 27(1)(a.1) to (a.3)paragraph 27(1)(b)
Column I Column II
Provisions in force Provisions suspended
section 19.01 section 19.1
section 20.01 section 20.1
section 20.2 section 21
section 21.1 section 22
subsections 23(1.01) to (1.03) subsection 23(1.1)
subparagraphs 26(1)(a)(i.1) to (i.3) subparagraph 26(1)(a)(ii)

1993, c. 44, s. 33.


Canadian International Trade Tribunal

Establishment of Tribunal

Tribunal established

3. (1) There is hereby established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson, two Vice-Chairpersons and not more than six other permanent members to be appointed by the Governor in Council.

Temporary members

(2) In addition to the members who may be appointed under subsection (1), the Governor in Council may, whenever in the opinion of the Governor in Council the workload of the Tribunal so requires, appoint temporary members of the Tribunal on such terms and conditions as the Governor in Council may specify, but the number of temporary members holding office shall not at any time exceed five.

Term

(3) Each permanent member shall be appointed to hold office for a term not exceeding five years and each temporary member shall be appointed to hold office for a term not exceeding three years.

Tenure

(4) Each permanent member and temporary member holds office during good behaviour and may be removed by the Governor in Council at any time for cause.

Re-appointment of permanent members

(5) A permanent member, on the expiration of a first term of office, is eligible to be re-appointed for one further term in the same or another capacity.

Re-appointment of temporary members

(6) A temporary member is eligible to be re-appointed on the expiration of a first or subsequent term of office.

R.S., 1985, c. 47 (4th Supp.), s. 3; 1999, c. 12, s. 54(E).

Full-time occupation

4. Each permanent member shall devote the whole of the member’s time to the performance of the member’s duties under this Act.

Holding other office, etc., prohibited

5. A member shall not, during the term of office of the member, accept or hold any office or employment inconsistent with the member’s duties under this Act.

Remuneration

6. (1) Each member shall be paid such remuneration as is fixed by the Governor in Council.

Expenses

(2) Each permanent member is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of work in the course of performing duties under this Act.

Idem

(3) Each temporary member and substitute member is entitled to be paid reasonable travel and living expenses incurred by the member in the course of performing duties under this Act.

Duties of Chairperson

7. The Chairperson is the chief executive officer of the Tribunal and has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,

(a) the allocation of work among the members and the assignment of members to sit at hearings of the Tribunal and to preside thereat; and

(b) generally, the conduct of the work of the Tribunal, the management of its internal affairs and the duties of the staff of the Tribunal.

R.S., 1985, c. 47 (4th Supp.), s. 7; 1999, c. 12, s. 61(E).

Absence, etc., of Chairperson

8. (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Tribunal may authorize one of the Vice-Chairpersons to act as Chairperson for the time being, and a Vice-Chairperson so authorized has and may exercise and perform all the powers, duties and functions of the Chairperson.

Absence, etc., of other members

(2) In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairperson, the Governor in Council may appoint a person, on such terms and conditions as the Governor in Council may specify, to act as a substitute member for the time being.

R.S., 1985, c. 47 (4th Supp.), s. 8; 1999, c. 12, ss. 55(E), 61(E).

Acting after termination of appointment

9. (1) Subject to subsection (2), a person who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any duties or responsibilities that the person would otherwise have had if the person had not ceased to be a member and that are in connection with any matter in which that person became engaged while holding office as a member, and a person so authorized is, for that purpose, deemed to be a member of the Tribunal.

Limitation period

(2) No person who has ceased to be a member may, after the expiration of one hundred and twenty days after ceasing to be a member, take part in the disposition of any matter pursuant to the authority granted by the Chairperson under subsection (1).

Where member is unable to act

(3) Where a person to whom subsection (1) applies or any member has taken part in any matter and has died or for any reason is unable or unwilling to take part in the disposition of the matter, the remaining members, if any, who took part in the matter may, with the authorization of the Chairperson, make the disposition notwithstanding that the quorum of members required to dispose of the matter was lost as a result, and the remaining members where so authorized shall, for that purpose, be deemed to constitute a quorum.

R.S., 1985, c. 47 (4th Supp.), s. 9; 1999, c. 12, ss. 56, 61(E).

Application of Public Service Superannuation Act to permanent members

10. (1) A permanent member shall be deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act.

Application of Public Service Superannuation Act to temporary members

(2) A temporary member or substitute member shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

Order deemed not to be regulation

(3) For greater certainty, an order made pursuant to subsection (2) shall be deemed not to be a regulation within the meaning and for the purposes of the Statutory Instruments Act.

R.S., 1985, c. 47 (4th Supp.), s. 10; 2003, c. 22, s. 225(E).

Previous Version

Head Office, Sittings and Quorum

Head office

11. The head office of the Tribunal shall be in the National Capital Region as described in the schedule to the National Capital Act.

Sittings

12. The Tribunal may sit at such times and places as it considers necessary or desirable for the proper conduct of its business.

Quorum, etc.

13. Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members constitute a quorum of the Tribunal and any three or more members have and may exercise all of the Tribunal’s powers and have and may perform all of the Tribunal’s duties and functions.

R.S., 1985, c. 47 (4th Supp.), s. 13; 1993, c. 44, s. 34; 1994, c. 47, s. 28.


Staff

Appointment of Secretary

14. (1) There shall be a Secretary of the Tribunal, who shall be appointed in accordance with the Public Service Employment Act.

Acting Secretary

(2) In the event of the absence or incapacity of the Secretary or if the office of Secretary is vacant, the Chairperson may authorize any officer or employee of the Tribunal to act as Secretary for the time being.

R.S., 1985, c. 47 (4th Supp.), s. 14; 1999, c. 12, s. 61(E).

Other staff

15. (1) Such other officers and employees as are necessary for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.

Technical experts

(2) The Tribunal may appoint and, subject to the approval of the Treasury Board, fix the remuneration of persons having technical or special knowledge to assist the Tribunal in any matter in an advisory capacity.

Secondment

(3) Subject to any directive of the Treasury Board in relation thereto, any department or agency of the Government of Canada may, on the request of the Tribunal, second to the Tribunal, for specified periods, such officers or employees of the department or agency as are necessary for the proper conduct of the work of the Tribunal.


Powers, Duties and Functions

Duties and functions

16. The duties and functions of the Tribunal are to

(a) conduct inquiries and report on matters referred to the Tribunal for inquiry by the Governor in Council or the Minister under this Act;

(a.1) conduct mid-term reviews under section 19.02 and report on the reviews;

(b) consider complaints and extension requests filed with the Tribunal by domestic producers of like or directly competitive goods under this Act and, where appropriate, conduct inquiries into the complaints and extension requests and report on them;

(b.1) receive complaints, conduct inquiries and make determinations under sections 30.1 to 30.19;

(c) hear, determine and deal with all appeals that, pursuant to any other Act of Parliament or regulations thereunder, may be made to the Tribunal, and all matters related thereto; and

(d) exercise and perform such other duties or functions that, pursuant to any other Act of Parliament or regulations thereunder, shall or may be exercised or performed by the Tribunal.

R.S., 1985, c. 47 (4th Supp.), s. 16; 1993, c. 44, s. 35; 1994, c. 47, s. 29.

Court of record

17. (1) The Tribunal is a court of record and shall have an official seal, which shall be judicially noticed.

Powers

(2) The Tribunal has, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.


Inquiries And Reviews

References and Mid-Term Reviews

Inquiry into economic, trade or commercial matters

18. The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada with respect to any goods or services or any class thereof that the Governor in Council refers to the Tribunal for inquiry.

Inquiry into tariff-related matters

19. The Tribunal shall inquire into and report to the Minister on any tariff-related matter, including any matter concerning the international rights or obligations of Canada in connection therewith, that the Minister refers to the Tribunal for inquiry.

Definition of “principal cause”

19.01 (1) In this section and sections 20 and 20.01, “principal cause” means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

Inquiry into United States tariff matters

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Inquiry into Mexico and Mexico–United States tariff matters

(3) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

1993, c. 44, s. 36; 1994, c. 47, ss. 31, 46(F); 1997, c. 36, s. 193.

Definition of “principal cause”

19.011 (1) In this section, “principal cause” means, in respect of a serious injury, an important cause that is no less important than any other cause of the serious injury.

Emergency measures — Israel or another CIFTA beneficiary

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, where the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

1996, c. 33, s. 17.

Definition of “principal cause”

19.012 (1) In this section, “principal cause” means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

Emergency measures — Chile

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Chile Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

1997, c. 14, s. 20.

Definition of “principal cause”

19.013 (1) In this section, “principal cause” means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

Emergency measures — Costa Rica

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Costa Rica Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

2001, c. 28, s. 20.

Definition of “principal cause”

19.014 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

Emergency measures — Iceland

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

2009, c. 6, s. 17.

Definition of “principal cause”

19.015 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

Emergency measures — Norway

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

2009, c. 6, s. 17.

Definition of “principal cause”

19.016 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

Emergency measures — Switzerland or Liechtenstein

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

2009, c. 6, s. 17.

Definition of “principal cause”

19.017 (1) In this section, “principal cause” means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

Emergency measures — Peru

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

Terms of reference

(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

Tabling of report

(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

Notice of report

(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

2009, c. 16, ss. 17, 56.

Mid-term review

19.02 (1) If an order made under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act specifies that it remains in effect for a period of more than three years, the Tribunal shall, before the mid-point of the period,

(a) review developments since the order was made respecting the goods that are subject to the order and like or directly competitive goods produced by domestic producers;

(b) in light of the review, prepare a report on the developments and provide advice on whether the order should remain in effect, be repealed or be amended; and

(c) submit a copy of the report to the Governor in Council and the Minister.

Notice of report

(2) Where the Tribunal has prepared a report on a review pursuant to subsection (1), it shall cause notice of the report

(a) to be given to each other interested party; and

(b) to be published in the Canada Gazette.

1994, c. 47, s. 32; 1996, c. 33, s. 18; 1997, c. 14, s. 21, c. 36, s. 194.

Definition of “principal cause”

19.1 (1) For the purposes of this section and section 20.1, “principal cause” means, in respect of a serious injury, an important cause that is no less important than any other cause of the serious injury.

Inquiry into United States tariff matters

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister of Finance, refers the question to it for inquiry and report.

1988, c. 65, s. 52; 1997, c. 36, s. 195.

Inquiry into injury matters

20. The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to

(a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or

(b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada

that the Governor in Council refers to the Tribunal for inquiry.

R.S., 1985, c. 47 (4th Supp.), s. 20; 1994, c. 47, ss. 33, 46(F).

Definition of “contribute importantly”

20.01 (1) In this section, “contribute importantly” has the meaning given those words by Article 805 of the Agreement.

Determination in respect of NAFTA country goods

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a NAFTA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

(a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

(b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to the serious injury or threat thereof.

Idem

(2.1) In an inquiry under section 30.07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA country

(a) whether the quantity of the goods imported from the NAFTA country accounts for a substantial share of total imports of goods of the same kind; and

(b) whether the goods imported from the NAFTA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Considerations

(3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement.

1993, c. 44, s. 37; 1994, c. 47, ss. 34, 46(F).

Determination in respect of goods of Israel or another CIFTA beneficiary

20.02 (1) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Israel or another CIFTA beneficiary that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

(a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

(b) whether the specified imported goods contribute importantly to the serious injury or threat thereof.

Determinations

(2) In the case of an inquiry to which subsection (1) applies, the Tribunal shall include in its report any determinations made pursuant to that subsection.

Inquiry under section 30.07

(3) In an inquiry under section 30.07 into goods imported from Israel or another CIFTA beneficiary conducted pursuant to an extension request, the Tribunal shall determine

(a) whether the quantity of the goods accounts for a substantial share of total imports of goods of the same kind; and

(b) whether the goods contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Considerations

(4) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 4.6 of CIFTA.

1996, c. 33, s. 19.

Definition of “contribute importantly”

20.03 (1) In this section, “contribute importantly” has the meaning given those words by Article F-05 of the CCFTA.

Determination in respect of Chilean goods

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Chile that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

(a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

(b) whether the specified imported goods contribute importantly to the serious injury or threat thereof.

Determinations

(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

Determination where an extension request

(4) In an inquiry under section 30.07 into goods imported from Chile conducted pursuant to an extension request, the Tribunal shall determine

(a) whether the quantity of the goods accounts for a substantial share of total imports of goods of the same kind; and

(b) whether the goods contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Considerations

(5) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article F-02 of the CCFTA.

1997, c. 14, s. 22.

Definition of “principal cause”

20.04 (1) In this section, “principal cause” means, in respect of a serious injury or threat of serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

Determination in respect of Peruvian goods

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Peru that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.

Determinations

(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

Inquiry under section 30.07

(4) In an inquiry under section 30.07 into goods imported from Peru conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Peru are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

2009, c. 16, s. 18.

Interpretation

20.1 (1) For the purposes of this section,

“Agreement”

« Accord »

“Agreement” has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act;

“contribute importantly”

« contribuer de manière importante »

“contribute importantly” has the meaning given that expression by Article 1104 of the Agreement;

“goods originating in the United States”

« marchandises originaires des États-Unis »

“goods originating in the United States” means imported goods that qualify under the regulations respecting the origin of goods made under the Customs Tariff, as those regulations apply to the United States, that are specified

(a) by the Governor in Council, in the case of a reference by the Governor in Council, or

(b) by the Tribunal, in the case of a written complaint filed under subsection 23(1).

Interpretation

(2) In interpreting the term “substantial” for the purposes of this section, regard shall be had to paragraph 1 of Article 1102 of the Agreement.

Determination in respect of U.S. goods

(3) Where, in an inquiry conducted pursuant to section 20 or 26, the Tribunal finds that goods originating in the United States and goods of the same kind originating in other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the quantity of such goods originating in the United States is substantial in comparison with the quantity of goods of the same kind originating in other countries and whether the goods originating in the United States contribute importantly to the serious injury or threat thereof.

1988, c. 65, s. 53.

Terms of reference

20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.01 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

Determinations

(2) In the case of an inquiry to which section 20.01 applies, the Tribunal shall include in its report any determination made pursuant to that section.

Tabling of report

(3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.01 or 20 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.01 or 20 to be published in the Canada Gazette.

1993, c. 44, s. 38; 1994, c. 47, s. 35.

Terms of reference

21. (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.1 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

Determinations

(1.1) In the case of an inquiry to which subsection 20.1(3) applies, the Tribunal shall include in its report any determination made pursuant to that subsection.

Tabling of report

(2) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.1 or 20 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Notice of report

(3) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.1 or 20 to be published in the Canada Gazette.

R.S., 1985, c. 47 (4th Supp.), s. 21; 1988, c. 65, s. 54.


Complaints by Domestic Producers

Definition of “complaint”

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07), (1.08), (1.09), (1.091), (1.092) or (1.093) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

1993, c. 44, s. 39; 1996, c. 33, s. 20; 1997, c. 14, s. 23; 2001, c. 28, s. 21; 2009, c. 6, s. 18, c. 16, ss. 19, 56.

Previous VersionDefinition of “complaint”

22. In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1) or (1.1), and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

R.S., 1985, c. 47 (4th Supp.), s. 22; 1988, c. 65, s. 55.

Filing of complaint

23. (1) Any domestic producer of goods that are like or directly competitive with goods being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods.

Filing of complaint

(1.01) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.

Filing of complaint

(1.02) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Filing of complaint

(1.03) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that have been integrated into the General Agreement on Tariffs and Trade on the basis of a commitment made by Canada under any successor agreement to the Multifibre Arrangement, under subsection 45(13) of the Customs Tariff, to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to that Act, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.

Filing of complaint — CIFTA Tariff

(1.04) Any domestic producer of goods that are like or directly competitive with goods being imported into Canada that are entitled to the Canada-Israel Free Trade Agreement Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under sch conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.

Filing of complaint — Chile Tariff

(1.05) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Chile Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Filing of complaint — Chile Tariff

(1.06) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that fall under the scope of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement on the basis of a commitment made by Canada, under section 48 of the Customs Tariff, to the Chile Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat of serious damage, to domestic producers of like or directly competitive textile and apparel goods.

Filing of complaint — Costa Rica Tariff

(1.07) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Costa Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Filing of complaint — Costa Rica Tariff

(1.08) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 24 of the Customs Tariff or, in respect of goods that fall under the scope of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement pursuant to a commitment made by Canada, under section 49.2 of the Customs Tariff, to the Costa Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.

Filing of complaint — Iceland Tariff

(1.09) Any domestic producer of goods that are like or directly competitive with any goods being importe into Canada and that are entitled to the Iceland Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

Filing of complaint — Norway Tariff

(1.091) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Norway Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

Filing of complaint — Switzerland–Liechtenstein Tariff

(1.092) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Switzerland–Liechtenstein Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

Filing of complaint — Peru Tariff

(1.093) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Peru Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

Filing of complaint

(1.1) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that as a result of the reduction or elimination of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.

Contents of complaint

(2) A complaint shall

(a) state in reasonable detail the facts on which the allegations are based;

(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed; and

(c) make such other representations as the complainant deems relevant to the matter.

Accompanying information

(3) A complaint shall be accompanied by

(a) such informations is available to the complainant to prove the facts referred to in paragraph (2)(a) and to substantiate the estimate referred to in paragraph (2)(b); and

(b) such other information as may be required by the rules.

Receipt to be acknowledged

(4) The Tribunal shall, forthwith after the receipt of a complaint, notify the complainant in writing of the receipt and date of receipt thereof.

R.S., 1985, c. 47 (4th Supp.), s. 23; 1988, c. 65, s. 56; 1993, c. 44, s. 40; 1994, c. 47, ss. 46(F), 47(F); 1996, c. 33, s. 21; 1997, c. 14, s. 24, c. 36, s. 196; 2001, c. 28, s. 22; 2009, c. 6, s. 19, c. 16, ss. 20, 56.

Previous VersionRequest for additional information

24. (1) The Tribunal may, within twenty-one days after the date of receipt of a complaint, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.

Further requests

(2) Where the Tribunal receives additional information in relation to a complaint pursuant to a request made under subsection (1) or this subsection, the Tribunal may, within twenty-one days after the date of receipt of the additional information, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.

Tribunal shall determine if complaint is properly documented

25. (1) The Tribunal shall, within twenty-one days after the date of receipt of a complaint or, where the Tribunal has requested the complainant to provide additional information pursuant to subsection 24(1) or (2), within twenty-one days after the receipt of the additional information requested, determine whether the complaint is properly documented.

Notice of decision

(2) Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwith

(a) notify the complainant in writing that the complaint is properly documented;

(b) notify each other interested party in writing of the receipt of the complaint and that the complaint is properly documented; and

(c) in the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (1.09), (1.091) or (1.092), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

Idem

(3) Where the Tribunal determines under subsection (1) that a complaint is not properly documented, it shall forthwith notify the complainant in writing that the complaint is not properly documented and of its reasons for so concluding.

R.S., 1985, c. 47 (4th Supp.), s. 25; 1993, c. 44, s. 41; 1997, c. 14, s. 25; 2001, c. 28, s. 23; 2009, c. 6, s. 20.

Previous VersionTribunal shall commence inquiry

26. (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfied

(a) that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that

(i) in the case of a complaint filed under subsection 23(1), the goods that are the subject of the complaint are being imported in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods,

(i.1) in the case of a complaint filed under subsection 23(1.01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods,

(i.2) in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

(i.3) in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

(i.4) in the case of a complaint filed under subsection 23(1.04), the goods that are entitled to the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods,

(i.5) in the case of a complaint filed under subsection 23(1.05), the goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

(i.6) in the case of a complaint filed under subsection 23(1.06), the textile and apparel goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

(i.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement,eing imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

(i.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

(i.9) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

(i.91) in the case of a complaint filed under subsection 23(1.091), the goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

(i.92) in the case of a complaint filed under subsection 23(1.092), the goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

(i.93) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

(ii) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods;

(b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods; and

(c) where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to like or directly competitive goods has been completed or terminated by the Tribunal under this Act during the twenty-four month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

Notice of decision

(2) Where the Tribunal decides to commence an inquiry into a complaint under subsection (1), it shall forthwith

(a) notify the complainant and each other interested party in writing of its decision, of the reasons therefor, and of the date on which any hearing in the inquiry shall commence;

(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

(c) send a copy of its decision, a copy of the complaint and the information accompanying the complaint and a copy of any other relevant information examined by the Tribunal in relation to the complaint to the Minister.

Copies to Minister

(2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).

Idem

(3) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (1), it shall forthwith

(a) notify the complainant and each other interested party in writing of its decision and of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and

(b) cause a notice of its decision to be published in the Canada Gazette.

Evidence of dumping or subsidizing

(4) Where, before commencing an inquiry into a complaint under subsection (1), the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act, the Tribunal shall forthwith

(a) by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act; and

(b) notify the complainant and each other interested party in writing that the complaint has been so referred to the President.

Inquiry only in case of dumping

(5) The Tribunal may commence an inquiry under subsection (1) into a complaint that pursuant to subsection (4) is referred to the President for consideration under the Special Import Measures Act only if

(a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

(b) the complainant applies to the Tribunal to commence an inquiry under subsection (1)

(i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or

(ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

Extension of time

(6) The Tribunal shall, within thirty days after the date of receipt of an aplication made under subsection (5), decide whether to commence an inquiry into the complaint under subsection (1) and it may commence an inquiry notwithstanding that the thirty day period referred to in that subsection has expired.

Time limit on inquiry

(7) If subsection 55(5) of the Customs Tariff or subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order under subsection 55(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than one hundred and eighty days before the end of the period.

R.S., 1985, c. 47 (4th Supp.), s. 26; 1988, c. 65, s. 57; 1993, c. 44, s. 42; 1994, c. 13, s. 7, c. 47, ss. 36, 46(F), 47(F); 1996, c. 33, s. 22; 1997, c. 14, s. 26, c. 36, s. 197; 1999, c. 12, s. 57, c. 17, ss. 114, 115; 2001, c. 28, s. 24; 2002, c. 19, s. 1; 2005, c. 38, s. 55; 2009, c. 6, s. 21, c. 16, ss. 21, 56.

Previous VersionPrincipal cause of injury

27. (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a),

(a) in the case of a complaint filed under subsection 23(1), the goods that are the subject of the complaint are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

(a.1) in the case of a complaint filed under subsection 23(1.01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods;

(a.2) in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

(a.3) in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

(a.4) in the case of a complaint filed under subsection 23(1.04), the goods that are entitled to the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods;

(a.5) in the case of a complaint filed under subsection 23(1.05), the goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;

(a.6) in the case of a complaint filed under subsection 23(1.06), the textile and apparel goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

(a.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof to domestic producers of like or directly competitive goods;

(a.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods;

(a.9) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

(a.91) in the case of a complaint filed under subsection 23(1.091), the goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

(a.92) in the case of a complaint filed under subsection 23(1.092), the goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

(a.93) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

(b) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods.

Definition of “principal cause”

(2) For the purposes of subsection (1), “principal cause” means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat thereof.

Considerations

(2.1) In making a determination under paragraph (1)(a.3), regard shall be had to paragraph 2 of section 4 of Annex 300-B of Chapter Three of the Agreement.

Considerations

(2.2) In making a determination under paragraph (1)(a.6), regard shall be had to paragraph 2 of section 3 of Annex C-00-B of the CCFTA.

Considerations

(2.3) In making a determination under paragraph (1)(a.8), regard shall be had to paragraph 2 of section 4 of Annex III.1 of the CCRFTA.

Other matters

(3) The Tribunal shall, in an inquiry into a complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it fo examination.

R.S., 1985, c. 47 (4th Supp.), s. 27; 1988, c. 65, s. 58; 1993, c. 44, s. 43; 1994, c. 47, ss. 46(F), 47(F); 1996, c. 33, s. 23; 1997, c. 14, s. 27, c. 36, s. 198; 2001, c. 28, s. 25; 2009, c. 6, s. 22, c. 16, ss. 22, 56.

Previous VersionReference to President

28. (1) Where, at any time during an inquiry into a complaint, the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of theSpecial Import Measures Act, the Tribunal shall forthwith adjourn the inquiry, give notice thereof to the complainant and each other interested party and, by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act.

Resumption of inquiry

(2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a complaint and refers the complaint to the President for consideration under the Special Import Measures Act, the Tribunal shall resume the inquiry only if

(a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

(b) the complainant applies to the Tribunal to resume the inquiry

(i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or

(ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

Termination of inquiry

(3) Where the Tribunal decides not to resume an inquiry pursuant to subsection (2) by reason that the conditions referred to in that subsection have not been met, the Tribunal shall terminate the inquiry and cause written notice of such termination to be given forthwith to the complainant and each other interested party.

R.S., 1985, c. 47 (4th Supp.), s. 28; 1994, c. 13, s. 7, c. 47, s. 46(F); 1999, c. 12, s. 58, c. 17, ss. 114, 115; 2005, c. 38, s. 55.

Previous VersionReport on inquiry

29. (1) The Tribunal shall prepare a report on each inquiry commenced by it under subsection 26(1) not later than one hundred and eighty days after the inquiry is commenced.

Extension of time

(2) Where, in the opinion of the Tribunal, the period referred to in subsection (1) should be extended for any reason including, without limiting the generality of the foregoing,

(a) the complexity or novelty of the issues presented by the inquiry,

(b) the variety of goods or number of persons involved in the inquiry,

(c) the difficulty of obtaining satisfactory evidence in the inquiry, or

(d) the reference, pursuant to subsection 27(3), of any other matter for examination in the inquiry,

the Tribunal may extend that period by not more than ninety days and, where it does so extend the period, it shall so notify the complainant and each other interested party forthwith in writing.

Copies of report

(3) The Tribunal shall submit a copy of each report prepared by it pursuant to subsection (1) to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

Notice of report

(4) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice thereof

(a) to be given to each other interested party; and

(b) to be published in the Canada Gazette.

Tabling of report in certain cases

(5) Where, pursuant to subsection 27(3), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into a complaint, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

R.S., 1985, c. 47 (4th Supp.), s. 29; 2002, c. 19, s. 2(F).

Further inquiry

30. (1) The Governor in Council may, at any time after the receipt of a report on an inquiry into a complaint prepared by the Tribunal pursuant to subsection 29(1), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.

Terms of reference

(2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council.

Copies of report

(3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 29(3).

Notice of report

(4) The Tribunal shall cause notice of the submission of a report to the Governor in Council pursuant to subsection (1)

(a) to be given to each other interested party; and

(b) to be published in the Canada Gazette.

Tabling of report

(5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

R.S., 1985, c. 47 (4th Supp.), s. 30; 2002, c. 19, s. 3(F).

Definition of “surge”

30.01 (1) In this section, “surge” has the meaning given that word by Article 805 of the Agreement.

Filing of surge complaint

(2) A written complaint may be filed with the Tribunal where

(a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

(b) the surtax or inclusion does not apply to or include goods imported from a NAFTA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.

Allegations

(2.1) The complaint must allege that a surge of imports of goods imported from a NAFTA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Who must file complaint

(2.2) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer.

Contents of complaint

(3) A complaint shall state in reasonable detail the facts on which the allegations are based and shall be accompanied by such information as is available to the complainant to prove those facts and such other information as may be required by the rules.

Commencement of inquiry

(4) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

Notice of decision

(5) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (4), it shall forthwith notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

Surge of imports

(6) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

Report

(7) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

Notice of report

(8) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.

1993, c. 44, s. 44; 1994, c. 47, s. 37; 1997, c. 36, s. 199.

Filing of surge complaint — CIFTA

30.011 (1) A written complaint may be filed with the Tribunal where

(a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

(b) the surtax or inclusion does not apply to or include goods imported from Israel or another CIFTA beneficiary on the basis of a determination made under subsection 20.02(1) or (3).

Allegations

(2) The complaint must allege that a surge of imports of goods imported from Israel or another CIFTA beneficiary undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Who must file complaint

(3) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of such a domestic producer.

Contents of complaint

(4) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by such information as is available to the complainant to prove those facts and such other information as may be required by the rules.

Commencement of inquiry

(5) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods referred to in subsection (1) is undermining the effectiveness of the surtax or the inclusion referred to in that subsection.

Notice of decision

(6) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (5), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

Surge of imports

(7) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (1) is undermining the effectiveness of the surtax or the inclusion referred to in that subsection.

Report

(8) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

Notice of report

(9) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.

1996, c. 33, s. 24; 1997, c. 36, s. 200.

Definition of “surge”

30.012 (1) In this section, “surge” has the meaning given that word by Article F-05 of the CCFTA.

Filing of surge complaint

(2) A written complaint may be filed with the Tribunal if

(a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

(b) the surtax or inclusion does not apply to or include goods imported from Chile on the basis of a determination made under subsection 20.03(2) or (4) of this Act.

Allegations

(3) The complaint must allege that a surge of imports of goods imported from Chile undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Who must file complaint

(4) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer.

Contents of complaint

(5) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by the information that is available to the complainant to prove those facts and any other information that may be required by the rules.

Commencement of inquiry

(6) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

Notice of decision

(7) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (6), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, if the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

Surge of imports

(8) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

Report

(9) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

Notice of report

(10) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.

1997, c. 14, s. 28, c. 36, s. 201.


Extension Inquiries

Definition of “extension request”

30.02 In sections 30.03 to 30.09, “extension request” means a written request filed with the Tribunal under section 30.04.

1994, c. 47, s. 38.

Notice of expiring orders

30.03 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act, but no notice shall be published if

(a) the order is repealed or ceases to have effect under subsection 56(1) or (2), 59(2) or 63(5) or section 64 of the Customs Tariff or is revoked under subsection 5(4.4) of the Export and Import Permits Act before the end of the effective period specified in the order; or

(b) the total of the effective period specified in the order and any periods during which the goods were subject to any related orders made under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act is eight years.

Manner and contents of publication

(2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

1994, c. 47, s. 38; 1996, c. 33, s. 25; 1997, c. 14, s. 29, c. 36, s. 202.

Filing of request relating to extension orders

30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 63(1) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

Time limit for filing extension request

(2) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection 30.03(2).

Receipt to be acknowledged

(3) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

1994, c. 47, s. 38; 1996, c. 33, s. 26; 1997, c. 14, s. 30, c. 36, s. 203.

Contents of extension request

30.05 (1) An extension request shall

(a) state in reasonable detail the facts on which it is based;

(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the extension request is filed; and

(c) make such other representations as the requester deems relevant to the matter.

Accompanying information

(2) An extension request shall be accompanied by

(a) such information as is available to the requester to prove the facts referred to in paragraph (1)(a) and to substantiate the estimate referred to in paragraph (1)(b); and

(b) such other information as may be required by the rules.

1994, c. 47, s. 38.

Request for additional information

30.06 (1) Within twenty-one days after receiving an extension request, the Tribunal may, by notice in writing, ask the requester to provide such additional information as the Tribunal considers necessary for the request to be properly documented.

Tribunal shall determine if complaint is properly documented

(2) The Tribunal shall determine whether an extension request is properly documented within twenty-one days after receiving the request or, where the Tribunal has asked the requester to provide additional information pursuant to subsection (1), within twenty-one days after receiving the additional information.

Notice where request properly documented

(3) Where the Tribunal determines that an extension request is properly documented, it shall forthwith

(a) notify the requester in writing that the request is properly documented; and

(b) notify each other interested party in writing that it has received the request and that the request is properly documented.

Notice where request not properly documented

(4) Where the Tribunal determines that an extension request is not properly documented, it shall forthwith notify the requester in writing that the request is not properly documented and of its reasons for so concluding.

1994, c. 47, s. 38.

Inquiries into extension requests

30.07 (1) The Tribunal shall commence an inquiry into an extension request within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied

(a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

(b) that the extension request is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

Notice of decision

(2) Where the Tribunal decides to commence an inquiry into an extension request under subsection (1), it shall forthwith

(a) notify the requester and each other interested party in writing of its decision, of the reasons for its decision and of the date on which any hearing in the inquiry shall commence;

(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

(c) send to the Minister a copy of its decision, a copy of the request and the information accompanying the request and a copy of any other relevant information examined by the Tribunal in relation to the request.

Idem

(3) Where the Tribunal decides not to commence an inquiry into an extension request under subsection (1), it shall forthwith

(a) notify the requester and each other interested party in writing of its decision and of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and

(b) cause a notice of its decision to be published in the Canada Gazette.

1994, c. 47, s. 38.

Continuing necessity of order

30.08 (1) The Tribunal shall, in an inquiry into an extension request, determine whether

(a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

(b) there is evidence that the domestic producers of like or directly competitive goods are adjusting, as determined in accordance with any regulations made under paragraph 40(b).

Other matters

(2) The Tribunal shall, in an inquiry into an extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

1994, c. 47, s. 38.

Report on extension inquiry

30.09 (1) Not later than forty-five days before the expiration date of the order to which an inquiry under subsection 30.07(1) relates, the Tribunal shall prepare a report on the inquiry and submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

Notice of report

(2) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice of the report

(a) to be given to each other interested party; and

(b) to be published in the Canada Gazette.

Tabling of report in certain cases

(3) Where, pursuant to subsection 30.08(2), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into an extension request, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

1994, c. 47, s. 38.


Complaints By Potential Suppliers

Definitions

30.1 In this section and in sections 30.11 to 30.19,

“complaint”

« plainte »

“complaint” means a complaint filed with the Tribunal under subsection 30.11(1);

“designated contract”

« contrat spécifique »

“designated contract” means a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations;

“government institution”

« institution fédérale »

“government institution” means any department or ministry of state of the Government of Canada, or any other body or office, that is designated by the regulations;

“interested party”

« intéressée »

“interested party” means a potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint;

“potential supplier”

« fournisseur potentiel »

“potential supplier” means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract.

1993, c. 44, s. 44; 1994, c. 47, s. 39.

Filing of complaint

30.11 (1) Subject to the regulations, a potential supplier may file a complaint with the Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint.

Contents of complaint

(2) A complaint must

(a) be in writing;

(b) identify the complainant, the designated contract concerned and the government institution that awarded or proposed to award the contract;

(c) contain a clear and detailed statement of the substantive and factual grounds of the complaint;

(d) state the form of relief requested;

(e) set out the address of the complainant to which notices and other communications respecting the complaint may be sent;

(f) include all information and documents relevant to the complaint that are in the complainant’s possession;

(g) be accompanied by any additional information and documents required by the rules; and

(h) be accompanied by the fees required by the regulations.

Chairperson may assign member

(3) The Chairperson may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal’s powers, and has and may perform all of the Tribunal’s duties and functions, in relation to the complaint.

1993, c. 44, s. 44; 1994, c. 47, s. 40(E); 1999, c. 12, s. 61(E).

Notice of receipt

30.12 (1) The Tribunal shall notify the complainant in writing of the receipt of the complaint.

Notice of deficiency

(2) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2), it shall notify the complainant in writing and specify the deficiencies to be corrected, the corrective action required and the period within which the action must be taken.

Notice of compliance

(3) Where the Tribunal determines that a complaint complies with subsection 30.11(2), it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

1993, c. 44, s. 44.

Decision to conduct inquiry

30.13 (1) Subject to the regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2), it shall decide whether to conduct an inquiry into the complaint, which inquiry may include a hearing.

Notice of inquiry

(2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party and give them an opportunity to make representations to the Tribunal with respect to the complaint.

Postponement of award of contract

(3) Where the Tribunal decides to conduct an inquiry into a complaint that concerns a designated contract proposed to be awarded by a government institution, the Tribunal may order the government institution to postpone the awarding of the contract until the Tribunal determines the validity of the complaint.

Idem

(4) The Tribunal shall rescind an order made under subsection (3) if, within the prescribed period after the order is made, the government institution certifies in writing that the procurement of the goods or services to which the designated contract relates is urgent or that a delay in awarding the contract would be contrary to the public interest.

Decision not to conduct or to cease inquiry

(5) The Tribunal may decide not to conduct an inquiry into a complaint or decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal so decides, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party of that decision and the reasons therefor.

1993, c. 44, s. 44.

Matters inquired into

30.14 (1) In conducting an inquiry, the Tribunal shall limit its considerations to the subject-matter of the complaint.

Matter to be decided

(2) At the conclusion of an inquiry, the Tribunal shall determine whether the complaint is valid on the basis of whether the procedures and other requirements prescribed in respect of the designated contract, or the class of contracts to which it belongs, have been or are being observed.

1993, c. 44, s. 44.

Findings and recommendations

30.15 (1) Where the Tribunal decides to conduct an inquiry, it shall, within the prescribed period after the complaint is filed, provide the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party with the Tribunal’s findings and recommendations, if any.

Remedies

(2) Subject to the regulations, where the Tribunal determines that a complaint is valid, it may recommend such remedy as it considers appropriate, including any one or more of the following remedies:

(a) that a new solicitation for the designated contract be issued;

(b) that the bids be re-evaluated;

(c) that the designated contract be terminated;

(d) that the designated contract be awarded to the complainant; or

(e) that the complainant be compensated by an amount specified by the Tribunal.

Criteria to be applied

(3) The Tribunal shall, in recommending an appropriate remedy under subsection (2), consider all the circumstances relevant to the procurement of the goods or services to which the designated contract relates, including

(a) the seriousness of any deficiency in the procurement process found by the Tribunal;

(b) the degree to which the complainant and all other interested parties were prejudiced;

(c) the degree to which the integrity and efficiency of the competitive procurement system was prejudiced;

(d) whether the parties acted in good faith; and

(e) the extent to which the contract was performed.

Cost of preparing response

(4) Subject to the regulations, the Tribunal may award to the complainant the reasonable costs incurred by the complainant in preparing a response to the solicitation for the designated contract.

1993, c. 44, s. 44.

Costs

30.16 (1) Subject to the regulations, the Tribunal may award costs of, and incidental to, any proceedings before it in relation to a complaint on a final or interim basis and the costs may be fixed at a sum certain or may be taxed.

Payment

(2) Subject to the regulations, the Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

1993, c. 44, s. 44.

Intervenors

30.17 An interested party may, with leave of the Tribunal, intervene in any proceedings before the Tribunal in relation to a complaint.

1993, c. 44, s. 44.

Implementation of recommendations

30.18 (1) Where the Tribunal makes recommendations to a government institution under section 30.15, the government institution shall, subject to the regulations, implement the recommendations to the greatest extent possible.

Notice of intention

(2) Within the prescribed period, the government institution shall advise the Tribunal in writing of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so.

Notice of progress

(3) Where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, it shall further advise the Tribunal in writing, within the prescribed period, of the extent to which it has then implemented the recommendations.

1993, c. 44, s. 44.

Comments and observations

30.19 (1) The Tribunal may provide the deputy head of a government institution with its comments and observations on any matter that the Tribunal considers should be brought to the attention of the deputy head in connection with the procurement process.

Definition of “deputy head”

(2) In subsection (1), “deputy head” means

(a) where the government institution is a department or ministry of state, the person having by law the status of deputy head; and

(b) where the government institution is any other body or an office, the chief executive officer of that body or the person holding that office.

1993, c. 44, s. 44.


Safeguard Measures In Respect Of China

Definitions

30.2 The following definitions apply in this section and in sections 30.21 to 30.25.

“action”

« mesure »

“action” means

(a) any action, including a provisional action, taken

(i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

(ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

(b) any combination of actions referred to in paragraph (a).

“market disruption”

« désorganisation du marché »

“market disruption” means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.

“significant cause”

« cause importante »

“significant cause” means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat.

“WTO Member”

« membre de l’OMC »

“WTO Member” means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.

2002, c. 19, s. 4.

Inquiry into market disruption and trade diversion

30.21 (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to

(a) the importation of goods originating in the People’s Republic of China into Canada in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or

(b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada

that the Governor in Council refers to the Tribunal for inquiry.

Terms of reference

(2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.

Tabling of report

(3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted.

Notice of report

(4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette.

2002, c. 19, s. 4.

Filing of complaint — market disruption

30.22 (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People’s Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

Contents of complaint

(2) A complaint shall

(a) state in reasonable detail the facts on which the allegations are based;

(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;

(c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

(d) be accompanied by any other information that may be required by the rules; and

(e) make any other representations that the complainant deems relevant to the matter.

Commencement of inquiry

(3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied

(a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods;

(b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods; and

(c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

Notice of decision to commence inquiry

(4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately

(a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

(c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.

Notice of decision not to commence inquiry

(5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately

(a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal toommence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and

(b) cause a notice of its decision to be published in the Canada Gazette.

Determination by Tribunal

(6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

Other matters

(7) The Tribunal shall, in the inquiry into the complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

Report on inquiry

(8) The Tribunal shall prepare a report on the inquiry not later than ninety days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

Notice of report

(9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

Tabling of report in certain cases

(10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

2002, c. 19, s. 4.

Filing of complaint — trade diversion

30.23 (1) Any domestic producer of goods that are like or directly competitive with goods that are subject to any action, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.

Contents of complaint

(2) A complaint shall

(a) state in reasonable detail the facts on which the allegations are based;

(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;

(c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

(d) be accompanied by any other information that may be required by the rules; and

(e) make any other representations that the complainant deems relevant to the matter.

Commencement of inquiry

(3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied

(a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and

(b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

Notice of decision to commence inquiry

(4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately

(a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

(c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.

Notice of decision not to commence inquiry

(5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately

(a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and

(b) cause a notice of its decision to be published in the Canada Gazette.

Determination by Tribunal

(6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) andk.1), an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.

Other matters

(7) The Tribunal shall, in an inquiry, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

Report on inquiry

(8) The Tribunal shall prepare a report on the inquiry not later than seventy days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

Notice of report

(9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

Tabling of report in certain cases

(10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

2002, c. 19, s. 4.

Further inquiry

30.24 (1) The Governor in Council may, at any time after the receipt of a report prepared by the Tribunal pursuant to subsection 30.22(8) or 30.23(8), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.

Terms of reference

(2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.

Copies of report

(3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 30.22(8) or 30.23(8), as the case may be.

Notice of report

(4) The Tribunal shall cause a notice of the submission of a report to the Governor in Council pursuant to subsection (1) to be given to each other interested party and to be published in the Canada Gazette.

Tabling of report

(5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

2002, c. 19, s. 4.

Notice of expiring orders

30.25 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 77.1(2) or 77.3(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5.4(2) or (4) of the Export and Import Permits Act, but no notice shall be published if the order ceases to have effect or is repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs Tariff or is repealed under subsection 5.4(5) of the Export and Import Permits Act before the end of the effective period specified in that order.

Manner and contents of publication

(2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

Filing of request relating to extension orders

(3) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection (1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 77.3(1) of the Customs Tariff or subsection 5.4(4) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

Time limit for filing extension request

(4) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection (2).

Receipt to be acknowledged

(5) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

Contents of extension request

(6) An extension request shall

(a) state in reasonable detail the facts on which the allegations are based;

(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the extension request is filed;

(c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

(d) be accompanied by any other information that may be required by the rules; and

(e) make any other representations that the requester deems relevant to the matter.

Inquiries into extension requests

(7) On receipt of an extension request that meets the requirements of subsection (6), the Tribunal shall commence an inquiry into the request within thirty days after the request is filed if the Tribunal is satisfied

(a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy marketisruption to domestic producers of like or directly competitive goods; and

(b) that the extension request is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods.

Notice of decision to commence inquiry

(8) Where the Tribunal decides to commence an inquiry into the extension request, it shall immediately

(a) notify the requester and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

(c) send to the Minister a copy of its decision, a copy of the extension request, and the information accompanying the extension request, and a copy of any other relevant information examined by the Tribunal in relation to the extension request.

Notice of decision not to commence inquiry

(9) Where the Tribunal decides not to commence an inquiry into the extension request, it shall immediately

(a) notify the requester and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and

(b) cause a notice of its decision to be published in the Canada Gazette.

Continuing necessity of order

(10) The Tribunal shall, in the inquiry into the extension request, determine whether an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

Other matters

(11) The Tribunal shall, in the inquiry into the extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

Report on extension inquiry

(12) The Tribunal shall prepare a report on the inquiry not later than forty-five days before the expiry date of the order to which the inquiry under subsection (7) relates and shall submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

Notice of report

(13) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

Tabling of report in certain cases

(14) Where, pursuant to subsection (11), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

2002, c. 19, s. 4.

Expiry date

30.26 Sections 30.2 to 30.25 cease to have effect on December 11, 2013.

2002, c. 19, s. 4.


General

Procedural Matters

Right to appear

31. All parties to a hearing before the Tribunal may appear in person or may be represented at the hearing by counsel or an agent.

Hearing may be in camera

32. A hearing before the Tribunal may, on the request of any party to the hearing, be held in camera if that party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.

Hearing and taking of evidence

33. (1) The Chairperson may direct that evidence relating to any inquiry under this Act or to any matter before the Tribunal pursuant to the Special Import Measures Act, other than an appeal made pursuant to section 61 of that Act, be received, in whole or in part, by a member and, for that purpose, that member has and may exercise all of the powers of the Tribunal.

Report on evidence

(2) A member by whom evidence relating to any matter has been received pursuant to subsection (1) shall make a report thereon to the Tribunal and a copy of the report, modified in such manner as in the opinion of the member is necessary to comply with sections 45 and 49, shall be provided to every person who is a party to the proceedings before the Tribunal in the matter.

Making of order, finding or report

(3) After receiving a report on evidence relating to a matter and after holding such hearing, re-hearing or further hearing with respect to the matter as the circumstances require or as the Tribunal in its discretion deems it advisable to hold, the Tribunal may make its order, finding or report or take such other action in relation to the matter as is authorized to be taken by it in relation to the matter under this or any other Act of Parliament, as if the evidence received by the member had been received by the Tribunal.

R.S., 1985, c. 47 (4th Supp.), s. 33; 1999, c. 12, s. 61(E).

Information other than sworn evidence

34. For the purpose of any inquiry under this Act or the Special Import Measures Act, the Tribunal may obtain information that in its judgment is authentic, otherwise than under the sanction of an oath or affirmation, and use and act on the information.

Conduct of proceedings

35. Hearings before the Tribunal shall be conducted as informally and expeditiously as the circumstances and considerations of fairness permit.

Fees for witnesses

36. Every person summoned to attend before the Tribunal shall receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

Publication of decisions

37. The Tribunal shall cause notice of its decision in any proceedings held by it pursuant to any other Act of Parliament to be published forthwith in the Canada Gazette.


By-laws, Rules and Regulations

By-laws

38. (1) The Tribunal may make by-laws respecting the calling of meetings of the Tribunal and the conduct of business at meetings of the Tribunal.

Quorum

(2) A majority of the permanent members in office shall constitute a quorum of the Tribunal for the purpose of making by-laws under subsection (1).

Rules

39. (1) The Tribunal may, after consultation with the Minister and with the approval of the Governor in Council, make rules, not inconsistent with this or any other Act of Parliament,

(a) respecting the sittings of the Tribunal;

(b) for the purpose of ensuring that a conflict of interest will not be created by reason of the assignment of any member to sit at hearings of the Tribunal or to hear, determine and deal with a matter before the Tribunal and generally for the prevention of conflicts of interest;

(c) specifying any additional information that must accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2), 30.011(1), 30.012(2), 30.11(1), 30.22(1) and 30.23(1) or an extension request filed under subsection 30.04(1) or 30.25(3); and

(d) generally, governing the proceedings, practice and procedures of the Tribunal.

Quorum

(2) A majority of the permanent members in office shall constitute a quorum for the purpose of making rules under subsection (1).

R.S., 1985, c. 47 (4th Supp.), s. 39; 1988, c. 65, s. 59(E); 1993, c. 44, s. 45; 1994, c. 47, s. 41; 1996, c. 33, s. 27; 1997, c. 14, s. 31; 2002, c. 19, s. 5.

Regulations

40. The Governor in Council may make regulations

(a) respecting the matters to be addressed or examined by the Tribunal in an inquiry commenced under this Act;

(a.1) respecting the number of members that constitute a quorum for the purposes of

(i) hearing, determining and dealing with appeals referred to in paragraph 16(c),

(ii) conducting inquiries and reporting on matters referred to the Tribunal pursuant to section 18, 19 or 30.21, or

(iii) reviewing and reporting on developments and providing advice pursuant to section 19.02;

(b) defining the expressions “domestic production” and “like or directly competitive goods” for the purposes of this Act and providing factors for determining under this Act whether domestic producers of like or directly competitive goods are adjusting;

(c) defining the expression “other interested party” for the purposes of any provision of this Act;

(d) defining the expression “procurement process” for the purposes of this Act;

(e) designating departments, ministries of state, bodies or offices for the purposes of the definition “government institution” in section 30.1;

(f) designating contracts or classes of contracts for the purposes of the definition “designated contract” in section 30.1;

(f.1) determining, for the purposes of sections 30.1 to 30.19, whether a bidder or prospective bidder on a designated contract has standing to be a potential supplier;

(g) respecting the filing of complaints under subsection 30.11(1), including any conditions that must be met before a complaint may be filed and the time within which and manner in which it must be filed;

(h) requiring fees to be paid on the filing of a complaint under subsection 30.11(1) and prescribing those fees or the manner of determining those fees;

(i) respecting the conditions that must be met before the Tribunal may begin an inquiry into a complaint filed under subsection 30.11(1) and the matters to be addressed or examined by the Tribunal in the inquiry;

(j) prescribing, for the purposes of subsection 30.14(2), the procedures and other requirements to be observed in respect of any contract or class of contracts;

(k) respecting the recommendations and orders that the Tribunal may make under section 30.15 and the extent, if any, to which a government institution must implement the Tribunal’s recommendations pursuant to section 30.18;

(k.1) providing, for the purposes of sections 30.2 to 30.25, factors for determining whether

(i) goods originating in the People’s Republic of China are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or

(ii) an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada;

(l) respecting the awarding of costs by the Tribunal under section 30.16, including the maximum amount that may be awarded in relation to any item of costs, and determining by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed;

(m) prescribing any other matter or thing that, by this Act, is to be or may be prescribed; and

(n) generally, for carrying out the purpose and provisions of this Act.

R.S., 1985, c. 47 (4th Supp.), s. 40; 1993, c. 44, s. 46; 1994, c. 47, s. 42; 2002, c. 19, s. 6.


Annual Report

Annual report

41. The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report relating to the activities of the Tribunal for that fiscal year.

Tabling of report

42. The Minister shall cause a copy of each report submitted to the Minister pursuant to section 41 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.


Disclosure of Information

Definition of “information”

43. In sections 44 to 49, “information” includes evidence.

Information to be disclosed

44. Where information is provided to the Tribunal for the purposes of any proceedings before the Tribunal, every party to the proceedings has, unless the information is information to which subsection 45(1) applies, a right, on request, to examine the information during the normal business hours of the Tribunal and a right, on payment of the prescribed fee, to be provided with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied.

Information to be disclosed

44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Secretary of the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.

Definition of “government”

(2) For the purposes of subsection (1), “government” has the meaning assigned to the expression “government of a NAFTA country” by subsection 2(1) of the Special Import Measures Act.

1993, c. 44, s. 47; 1994, c. 47, s. 43.

Information not to be disclosed

45. (1) Where a person designates information as confidential pursuant to paragraph 46(1)(a) and that designation is not withdrawn by that person, no member and no person employed in the federal public administration who comes into possession of that information while holding that office or being so employed shall, either before or after ceasing to hold that office or being so employed, knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

Disclosure of summary or statement

(2) Subsection (1) does not apply in respect of any non-confidential edited version or non-confidential summary of information or statement referred to in paragraph 46(1)(b).

Disclosure to counsel and experts

(3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the Tribunal in any proceedings before the Tribunal may be disclosed by the Tribunal to counsel for any party to those proceedings or to other proceedings arising out of those proceedings or to an expert, acting under the control or direction of that counsel, for use, notwithstanding any other Act or law, by that counsel or expert only in those proceedings, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by counsel or the expert to any person in any manner that is calculated or likely to make it available to

(a) any party to the proceedings or other proceedings, including a party who is represented by that counsel or on whose behalf the expert is acting; or

(b) any business competitor or rival of any person to whose business or affairs the information relates.

Disclosure to Tribunal’s experts

(3.1) Notwithstanding subsection (1), the Tribunal may disclose information to which that subsection applies to an expert retained by the Tribunal for use, notwithstanding any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to

(a) any party to the proceedings; or

(b) any business competitor or rival of any person to whose business or affairs the information relates.

Disclosure to persons described in subsection (5)

(3.2) For greater certainty, disclosure of information under subsection (3) or (3.1) to a person described in subsection (5) who is an employee of an institution of the Government of Canada that is a party to the proceedings or, in the case of subsection (3), other proceedings is not disclosure to a party to those proceedings for the purposes of subsection (3) or (3.1).

Definition of “counsel”

(4) In subsection (3), “counsel”, in relation to a party to proceedings, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party.

Persons who may be recognized as experts

(5) In subsections (3) and (3.1), “expert” includes any of the following persons whom the Tribunal recognizes as an expert:

(a) persons whose duties involve the carrying out of the Competition Act and who are referred to in section 25 of that Act, other than persons authorized by the Governor in Council to exercise the powers and perform the duties of the Director of Investigation and Research;

(b) in respect of the determination of damages and costs in procurement review proceedings, persons employed in the government institution involved in the procurement under review; and

(c) any prescribed person.

Offence

(6) Every person commits an offence who

(a) uses information disclosed to the person by the Tribunal under subsection (3) or (3.1) for any purpose other than the purpose for which the information was disclosed under that subsection; or

(b) contravenes any condition imposed by the Tribunal under subsection (3) or (3.1).

Punishment

(7) Every person who commits an offence under subsection (6) is guilty of

(a) an indictable offence and liable to a fine of not more than $1,000,000; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $100,000.

Consent

(8) No proceedings for an offence under subsection (6) shall be instituted without the consent in writing of the Attorney General of Canada.

Bar from appearing before Tribunal

(9) In addition to any punishment imposed under subsection (7), counsel or an expert who commits an offence under subsection (6) may be barred by the Tribunal from any further appearance before it in respect of any proceedings before the Tribunal for the period that the Tribunal considers appropriate.

R.S., 1985, c. 47 (4th Supp.), s. 45; 1994, c. 47, s. 44; 1999, c. 12, s. 59; 2003, c. 22, s. 224(E).

Previous VersionDesignation of information as confidential

46. (1) Where a person who provides information to the Tribunal for the purposes of proceedings before the Tribunal wishes some or all of the information to be kept confidential, the person shall submit to the Tribunal, at the time the information is provided,

(a) a statement designating as confidential the information that the person wishes to be kept confidential, together with an explanation as to why that information is designated as confidential; and

(b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement

(i) that such a non-confidential edited version or non-confidential summary cannot be made, or

(ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential,

together with an explanation that justifies the making of the statement.

Interpretation

(2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where

(a) the person does not provide the non-confidential edited version, the non-confidential summary or the statement referred to in paragraph (1)(b);

(b) the person provides a non-confidential edited version or a summary of the information designated as confidential pursuant to paragraph (1)(a) but the Tribunal is satisfied that it does not comply with paragraph (1)(b);

(c) the person provides a statement referred to in paragraph (1)(b), but does not provide an explanation that justifies the making of the statement; or

(d) the person provides a statement referred to in paragraph (1)(b), but the Tribunal is satisfied that the explanation given as justification for the making of the statement does not justify the making thereof.

R.S., 1985, c. 47 (4th Supp.), s. 46; 1994, c. 47, s. 45.

Where there has been failure to comply

47. (1) Where a person has designated information as confidential pursuant to paragraph 46(1)(a) and the Tribunal considers that such a designation is warranted, but the person has failed to comply with paragraph 46(1)(b), the Tribunal shall cause the person to be informed of the failure, of the ground on which the person has so failed and of the application of subsection 48(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as is necessary for the person to take in order to comply with paragraph 46(1)(b).

Where Tribunal considers designation unwarranted

(2) Where a person has designated information as confidential pursuant to paragraph 46(1)(a) and the Tribunal considers that, by reason of its nature, extent or availability from other sources or of the failure of the person to provide any explanation as to why it was designated as confidential, the designation of that information as confidential is unwarranted, the Tribunal shall cause the person

(a) to be notified of the fact that the Tribunal considers the designation to be unwarranted and of its reasons for so considering; and

(b) where the person has failed to comply with paragraph 46(1)(b), to be informed as provided in subsection (1).

Withdrawal of designation or submission of explanation

48. (1) Where a person is notified pursuant to paragraph 47(2)(a) with respect to any information that the person has designated as confidential pursuant to paragraph 46(1)(a), the person may, within fifteen days after being so notified,

(a) withdraw the designation, or

(b) submit to the Tribunal an explanation or further explanation as to why the information was designated as confidential

and, where the person does neither of those things within those fifteen days, that information shall not thereafter be taken into account by the Tribunal in the proceedings for the purposes for which it was provided, unless the Tribunal obtains that information from a source other than that person.

Tribunal to reconsider

(2) Where, pursuant to subsection (1), a person submits to the Tribunal, within the fifteen days referred to in that subsection, an explanation or further explanation as to why the information was designated as confidential, the Tribunal shall again consider whether, taking into account that explanation or further explanation, the designation of the information as confidential is warranted and, if it decides that it is not warranted, shall cause the person to be notified that the information will not thereafter be taken into account by the Tribunal in the proceedings for the purposes for which it was provided, in which case the information shall not thereafter be taken into account by the Tribunal in those proceedings, unless the Tribunal obtains the information from a source other than that person.

Where failure to comply not rectified

(3) Subject to subsection (4), where a person who has been informed pursuant to section 47 that the person has failed to comply with paragraph 46(1)(b) with respect to any information does not, within fifteen days after being so informed or within such longer time not exceeding thirty days after being so informed as the Tribunal, either before or after the expiration of the fifteen days, in its discretion allows, take such action as is necessary for the person to take in order to comply with paragraph 46(1)(b), the Tribunal shall cause the person to be notified that the information will not thereafter be taken into account by the Tribunal in the proceedings for the purposes for which it was provided, in which case the information shall not thereafter be taken into account by the Tribunal in those proceedings, unless the Tribunal obtains the information from a source other than that person.

Exception

(4) Subsection (3) does not apply in respect of any information that the Tribunal is prohibited by subsection (1) or (2) from taking into account in the proceedings for the purposes for which the information was provided.

Other information

49. If

(a) information or material given or elicited in the course of any proceedings before the Tribunal is, in the opinion of the Tribunal, in its nature confidential, or

(b) the President indicates to the Tribunal in writing that subsection 84(1) of the Special Import Measures Act applies to information or material filed with the Secretary under paragraph 37(a) or 38(3)(b) or subsection 76.03(9) of that Act,

the information or material shall not knowingly be disclosed by any member or person employed in the federal public administration who comes into possession of the information in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

R.S., 1985, c. 47 (4th Supp.), s. 49; 1994, c. 13, s. 7; 1999, c. 12, s. 60, c. 17, ss. 114, 115; 2003, c. 22, s. 224(E); 2005, c. 38, s. 55.

Previous Version

Repeals, Consequential Amendments And Transitional

Repeals

50. and 51. (Repeals)


Consequential Amendments

52. (Amendments)


Transitional

Definitions

53. In this section and sections 54 to 60,

“Canadian Import Tribunal”

« Tribunal canadien des importations »

“Canadian Import Tribunal” means the Canadian Import Tribunal established by subsection 63(1) of the Special Import Measures Act, as it existed on the day immediately preceding the commencement day;

“commencement day”

« date de référence »

“commencement day” means the day on which this section comes into force;

“former authority”

« ancien organisme »

“former authority” means the Canadian Import Tribunal, the Tariff Board or the Textile and Clothing Board;

“Tariff Board”

« Commission du tarif »

“Tariff Board” means the Tariff Board established by subsection 3(1) of the Tariff Board Act, as it existed on the day immediately preceding the commencement day;

“Textile and Clothing Board”

« Commission du textile et du vêtement »

“Textile and Clothing Board” means the Textile and Clothing Board established by subsection 3(1) of the Textile and Clothing Board Act, as it existed on the day immediately preceding the commencement day.

Members of Tariff Board cease to hold office

54. (1) Subject to subsection (2), the members of the Tariff Board shall cease to hold office on the commencement day.

Continuing jurisdiction

(2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Tariff Board continue to have jurisdiction with respect to

(a) any inquiry commenced by the Tariff Board under section 8 of the Tariff Board Act that was underway on the day immediately preceding the commencement day,

(b) any appeal made to the Tariff Board under section 61 of the Special Import Measures Act, section 67 of the Customs Act or section 81.19, 81.21, 81.22 or 81.23 of the Excise Tax Act that was in the course of being heard on the day immediately preceding the commencement day, or that had been heard before the commencement day but in respect of which a decision, order, finding or declaration had not been rendered before that day,

(c) any application made to the Tariff Board under section 81.32 of the Excise Tax Act that was pending on the day immediately preceding the commencement day,

(d) any question referred to the Tariff Board under section 70 of the Customs Act that was in the course of being considered on the day immediately preceding the commencement day, or that had been considered before the commencement day but in respect of which an opinion had not been rendered before that day, and

(e) any matter referred to in section 13 or 63 of the Energy Administration Act that was in the course of being heard on the day immediately preceding the commencement day, or that had been heard before the commencement day but in respect of which a decision or declaration had not been rendered before that day,

and, for the purpose only of disposing of those matters, may exercise such of the powers and perform such of the duties as were, before the commencement day, vested in them under any Act of Parliament as members of the Tariff Board.

Procedure

(3) Each matter referred to in subsection (2) shall be disposed of in accordance with the Tariff Board Act or other Act of Parliament under which the matter came before the Tariff Board and the rules and regulations thereunder, as they read on the day immediately preceding the commencement day.

Members of Textile and Clothing Board cease to hold office

55. (1) Subject to subsection (2), the members of the Textile and Clothing Board shall cease to hold office on the commencement day.

Continuing jurisdiction

(2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Textile and Clothing Board continue to have jurisdiction with respect to any inquiry commenced by the Textile and Clothing Board under section 11 or 23 of the Textile and Clothing Board Act that was in the course of being completed on the day immediately preceding the commencement day and, for the purpose only of completing such an inquiry, may exercise such of the powers and perform such of the duties as were, on the day immediately before the commencement day, vested in them under the Textile and Clothing Board Act.

Procedure

(3) An inquiry referred to in subsection (2) shall be completed in accordance with the Textile and Clothing Board Act and the rules thereunder, as they read on the day immediately preceding the commencement day.

Secretary of Canadian Import Tribunal ceases to hold office

56. The Secretary of the Canadian Import Tribunal shall cease to hold office on the commencement day.

Members of Canadian Import Tribunal cease to hold office

57. (1) Subject to subsection (2), the members of the Canadian Import Tribunal shall cease to hold office on the commencement day.

Continuing jurisdiction

(2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Canadian Import Tribunal continue to have jurisdiction with respect to any of the following matters pending before the Canadian Import Tribunal on the day immediately preceding the commencement day:

(a) inquiries under section 42 or 48 of the Special Import Measures Act,

(b) references under section 33, 34 or 35 of the Special Import Measures Act,

(c) requests for rulings under subsection 89(1) of the Special Import Measures Act, and

(d) reviews under subsection 76(2) of the Special Import Measures Act,

and, for the purpose only of disposing of those matters, may exercise such of the powers and perform such of the duties as were, before the commencement day, vested in them under any Act of Parliament as members of the Canadian Import Tribunal.

Procedure

(3) Each matter referred to in subsection (2) shall be disposed of in accordance with the Special Import Measures Act and the rules and regulations thereunder, as they read on the day immediately preceding the commencement day.

Inquiries under Special Import Measures Act

58. (1) Subject to section 59 and notwithstanding the Special Import Measures Act, the members of the Canadian Import Tribunal have jurisdiction

(a) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the Canadian Import Tribunal has made an order or finding described in any of sections 3 to 6 of that Act before the commencement day and with respect to which the Canadian Import Tribunal has not previously made a report pursuant to paragraph 45(1)(a) of that Act;

(b) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the members, pursuant to their jurisdiction under section 57, have made an order or finding described in any of sections 3 to 6 of that Act on or after the commencement day;

(c) to make an inquiry referred to in section 42 of that Act in relation to goods with respect to which any question has been referred to the Canadian Import Tribunal under section 33, 34 or 35 of that Act before the commencement day and with respect to which the Deputy Minister of National Revenue has, pursuant to subsection 38(3) of that Act, caused notice of a preliminary determination of dumping or subsidizing to be filed with the Secretary of the Canadian Import Tribunal before the commencement day or with the Secretary of the Canadian International Trade Tribunal on or after the commencement day;

(d) to make an order or finding referred to in section 43 of that Act in relation to goods with respect to which an inquiry is made pursuant to paragraph (c); and

(e) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry made by the members pursuant to paragraph (c), the members, pursuant to their jurisdiction under paragraph (d), have made an order or finding described in any of sections 3 to 6 of that Act.

Powers

(2) For the purpose of making a report, inquiry, order or finding referred to in subsection (1), the members of the Canadian Import Tribunal have and may exercise such of the powers and perform such of the duties and functions as are vested in the Canadian International Trade Tribunal.

Deemed to be made by Tribunal

(3) A report, inquiry, order or finding made by the members of the Canadian Import Tribunal pursuant to their jurisdiction under subsection (1) shall, for the purposes of the Special Import Measures Act, be deemed to have been made by the Canadian International Trade Tribunal.

R.S., 1985, c. 47 (4th Supp.), s. 58; 1994, c. 13, s. 7.

Limitation period

59. (1) Where any matter referred to in subsection 54(2), 55(2) or 57(2) is not disposed of by the members of the former authority within whose jurisdiction the matter lies within one year after the commencement day or where, on the expiration of one year after the commencement day, any proceedings in a matter commenced by the members of the Canadian Import Tribunal pursuant to their jurisdiction under section 58 are pending before those members, the proceedings with respect to the matter shall be taken up and continued by the Tribunal on such terms and conditions as the Chairperson may specify for the protection and preservation of the rights and interests of the parties or, where the Chairperson determines that any such proceedings should not be so taken up and continued, those proceedings shall be terminated.

Supervision by Chairperson

(2) The Chairperson has supervision over and direction of the work of the members of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1).

Remuneration

(3) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1), other than a person appointed to the Tribunal, shall be paid such remuneration for services under this Act as is fixed by the Governor in Council.

Expenses

(4) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1) is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in the course of performing duties under this Act.

R.S., 1985, c. 47 (4th Supp.), s. 59; 1999, c. 12, s. 61(E).

Other proceedings

60. All matters pending before the Tariff Board or the Canadian Import Tribunal on the day immediately preceding the commencement day and for which the members thereof do not have jurisdiction under subsection 54(2), 55(2) or 57(2) shall be taken up and continued by the Tribunal under and in conformity with this Act.

Continuation of certain rules

61. All rules made by the Canadian Import Tribunal under section 70 of the Special Import Measures Act, as it read on the day immediately preceding the commencement day, shall be deemed to have been made under section 39 of this Act and shall, to the extent that they are not inconsistent with this Act, continue in force until they are revoked or amended under section 39.

Continuation of previous orders, etc.

62. Every decision, order, finding, declaration, ruling or other instrument issued, rendered or made under any Act of Parliament by a former authority and that is in force on the day immediately preceding the commencement day shall, to the extent that it is not inconsistent with this or any other Act of Parliament, continue in force and have the same force and effect as if it were issued, rendered or made by the Tribunal.


Coming Into Force

Coming into force

Idem

(2) Sections 16 to 37 and 41 to 62 shall come into force on a day to be fixed by order of the Governor in Council.

Schedule

(Amendments)


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