Contents
- Short Title
- Interpretation
- Application
- Canadian International Trade Tribunal
- Inquiries and Reviews
- Extension Inquiries
- Complaints by Potential Suppliers
- Safeguard Measures in Respect of China
- Safeguard Measures in Respect of Korea
- General
- Repeals, Consequential Amendments and Transitional
- Coming into Force
- [Amendments]
- Related provisions
- Amendments not in force
Short Title
1Short title#
This Act may be cited as the Canadian International Trade Tribunal Act.
Interpretation
2Definitions#
(1)In this Act,
Chairman [Repealed, 1999, c. 12, s. 53]
Chairperson means the Chairperson of the Tribunal; (Version anglaise seulement)
prescribed means prescribed by regulations; (Version anglaise seulement)
President means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act; (président)
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; (dommage grave)
textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)
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; (menace de dommage grave)
trade union means an employee organization that has been certified under federal or provincial law, or recognized by the employer, as a bargaining agent; (syndicat)
World Trade Organization Agreement has the meaning given to the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)
(2)In this Act,
(a)Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and
(b)CUSMA country means a country that is a party to the Agreement.
(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.
(2.2)In this Act, Panama Tariff means the rates of customs duty referred to in section 49.41 of the Customs Tariff.
(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.
(3.1)In this Act, Colombia Tariff means the rates of customs duty referred to in section 49.01 of the Customs Tariff.
(4)In this Act,
(b)Costa Rica Tariff means the rates of customs duty referred to in section 49.1 of the Customs Tariff.
(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.
(4.2)In this Act, Peru Tariff means the rates of customs duty referred to in section 49.5 of the Customs Tariff.
(4.3)In this Act, Jordan Tariff means the rates of customs duty referred to in section 52.4 of the Customs Tariff.
(4.4)In this Act,
(a)CHFTA has the same meaning as Agreement in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; and
(b)Honduras Tariff means the rates of customs duty referred to in section 49.6 of the Customs Tariff.
(4.5)In this Act,
(a)CKFTA has the same meaning as Agreement in section 2 of the Canada–Korea Economic Growth and Prosperity Act; and
(b)Korea Tariff means the rates of customs duty referred to in section 49.7 of the Customs Tariff.
(4.6)[Repealed, 2024, c. 3, s. 28] (repealed)
(4.7)In this Act,
(a)CPTPP has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;
(b)TPP has the same meaning as in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;
(c)CPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; and
(d)CPTPP tariff has the same meaning as in subsection 2(1) of the Customs Tariff.
(5)For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff:a CUSMA countryan EFTA stateChileColombiaCosta RicaCPTPP countryHondurasJordanKoreaPanamaPeru
Application
2.1Suspension of certain provisions#
(1)The operation of the provisions referred to in column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:Column I | Column IIProvisions in force | Provisions suspendedsection 20.01 | section 20.1section 20.2 | section 21section 21.1 | section 22
(2)The operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.
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Canadian International Trade Tribunal
Establishment of Tribunal
3Tribunal established#
(1)There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting of up to seven permanent members, including a Chairperson and a Vice-chairperson, to be appointed by the Governor in Council.
(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.
(5.1)For greater certainty, a change during a permanent member’s term of office in the capacity to which the member is appointed — whether as Chairperson, Vice-chairperson or one of the other permanent members — is not a re-appointment to a further term of office for the purposes of subsection (5).
(6)A temporary member is eligible to be re-appointed on the expiration of a first or subsequent term of office.
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6Remuneration#
(1)Each member shall be paid such remuneration as is fixed by the Governor in Council.
7Duties of Chairperson#
The Chairperson 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, and to preside at, hearings of the Tribunal; and
(b)generally, the conduct of the work of the Tribunal and the management of its internal affairs.
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8Absence, etc. — Chairperson#
(1)In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson shall act as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.
(1.1)If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson or to the office of Vice-chairperson being vacant, the Minister may authorize another permanent member to act as Chairperson, and that member may exercise all the powers and perform all the duties and functions of the Chairperson.
(1.2)In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another permanent member to act as Vice-chairperson, and that member may exercise all the powers and perform all the duties and functions of the Vice-chairperson.
(2)In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairperson or Vice-chairperson, the Governor in Council may appoint a person, on any terms and conditions that the Governor in Council specifies, to act as a substitute member for the time being.
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9Acting after termination of appointment#
(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.
(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).
(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.
10Application of Public Service Superannuation Act to permanent members#
(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.
(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.
(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.
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Head Office, Sittings and Quorum
11Head office#
The head office of the Tribunal shall be in the National Capital Region as described in the schedule to the National Capital Act.
12Sittings#
The Tribunal may sit at such times and places as it considers necessary or desirable for the proper conduct of its business.
Powers, Duties and Functions
16Duties and functions#
The duties and functions of the Tribunal are to
(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 under this Act by domestic producers of like or directly competitive goods or by trade unions whose members are engaged in the Canadian production of like or directly competitive goods and, if 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.
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17Court of record#
(1)The Tribunal is a court of record and shall have an official seal, which shall be judicially noticed.
(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
19.011Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.012Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.0121Definition of principal cause#
(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.
(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 Colombia 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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.013Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.0131Definition of principal cause#
(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.
(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 Panama 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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.014Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.015Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.016Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.017Definition of principal cause#
(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.
(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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.018Definition of principal cause#
(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.
(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 Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to 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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.019Definition of principal cause#
(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.
(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 Honduras 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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.0191Definition of principal cause#
(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.
(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 Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to 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.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.0193Definition of principal cause#
(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.
(2)The Tribunal shall inquire into and report to the Governor in Council on the question whether goods of a CPTPP country, alone or together with the imported goods of other CPTPP countries, that are entitled to the benefit of a CPTPP 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for an inquiry and report.
(5)The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
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19.02Mid-term review#
(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.
(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.
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19.1Definition of principal cause#
(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.
(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.
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20Definition of principal cause#
(1)In this section and in section 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.
(2)The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — 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.
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20.01Definition of contribute importantly#
(1)In this section, contribute importantly means to be an important cause, but not necessarily the most important cause.
(2)Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA 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 CUSMA country, contribute importantly to the serious injury or threat thereof.
(2.1)In an inquiry under section 30.07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country
(a)whether the quantity of the goods imported from the CUSMA country accounts for a substantial share of total imports of goods of the same kind; and
(b)whether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
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20.02Determination in respect of goods of Israel or another CIFTA beneficiary#
(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.
(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.
(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.
(4)In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 4.6 of CIFTA.
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20.03Definition of contribute importantly#
(1)In this section, contribute importantly has the meaning given those words by Article F-05 of the CCFTA.
(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.
(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.
(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.
(5)In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article F-02 of the CCFTA.
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20.031Definition of principal cause#
(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.
(2)Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Panama 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.
(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.
(4)In an inquiry under section 30.07 into goods imported from Panama conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Panama are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
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20.04Definition of principal cause#
(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.
(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.
(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.
(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.
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20.05Definition of principal cause#
(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.
(2)Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Colombia 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.
(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.
(4)In an inquiry under section 30.07 into goods imported from Colombia conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Colombia are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
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20.06Definition of principal cause#
(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.
(2)Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Honduras 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.
(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.
(4)In an inquiry under section 30.07 into goods imported from Honduras conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Honduras are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
note
20.07Definition of principal cause#
(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.
(2)Where, in an inquiry conducted under section 20 into goods imported from Korea that are specified by the Governor in Council, 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, in absolute terms, and under such conditions as to alone constitute 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.
(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.
(4)In an inquiry commenced under section 30.07 into goods imported from Korea conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Korea are a principal cause of the serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
note
20.1Interpretation#
(1)For the purposes of this section,
Agreement has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act; (Accord)
contribute importantly has the meaning given that expression by Article 1104 of the Agreement; (contribuer de manière importante)
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
(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.
(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.
note
20.2Terms of reference#
(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.
(4)The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.
note
21Terms of reference#
(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.
(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.
note
Complaints by Domestic Producers
21.1Definition of complaint#
In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.097) 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.note
22Definition of complaint#
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.note
23Filing of complaint#
(1)Any of the following may file a written complaint with the Tribunal alleging that goods are being imported into Canada in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods:
(a)a domestic producer of the like or directly competitive goods;
(b)a person or association acting on behalf of the domestic producer;
(c)a trade union whose members are engaged in the Canadian production of the like or directly competitive goods.
(1.01)[Repealed, 2020, c. 1, s. 143] (repealed)
(1.02)[Repealed, 2020, c. 1, s. 143] (repealed)
(1.03)[Repealed, 2020, c. 1, s. 143] (repealed)
(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 such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.
(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.
(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.
(1.061)Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Colombia 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.
(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.
(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.
(1.081)Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Panama 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.
(1.082)Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to a CPTPP 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 of a CPTPP country, alone or together with the imported goods of other CPTPP countries, 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.
(1.083)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 under the Customs Tariff to a CPTPP 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 of a CPTPP country, alone or together with the imported goods of other CPTPP countries 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 or apparel goods.
(1.09)Any domestic producer of goods that are like or directly competitive with any goods being imported 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.
(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.
(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.
(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.
(1.094)Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Jordan 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 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.
(1.095)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 Honduras 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.
(1.096)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, under section 49.6(8) of the Customs Tariff, to the Honduras 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 or apparel goods.
(1.097)Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Korea 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, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.
(1.098)[Repealed, 2024, c. 3, s. 31] (repealed)
(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.
(2)A complaint shall
(a)state in reasonable detail the facts on which the allegations are based;
(b)in the case of a complaint filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;
(b.1)in the case of a complaint filed by a trade union,
(i)state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and
(ii)provide evidence that one or more domestic producers of the like or directly competitive goods support the complaint and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and
(c)make any other representations that the complainant considers relevant to the matter.
(3)A complaint shall be accompanied by
(a)such information as is available to the complainant to prove the facts referred to in paragraph (2)(a) and to substantiate the estimates referred to in paragraph (2)(b) or (b.1); and
(b)such other information as may be required by the rules.
note
24Request for additional information#
(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.
25Tribunal shall determine if complaint is properly documented#
(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.
(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
note
26Tribunal shall commence inquiry#
(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)[Repealed, 2020, c. 1, s. 145] (repealed)
(i.2)[Repealed, 2020, c. 1, s. 145] (repealed)
(i.3)[Repealed, 2020, c. 1, s. 145] (repealed)
(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.61)in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia 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,
(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, 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.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.81)in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama 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,
(i.82)in the case of a complaint filed under subsection 23(1.082), the goods that are entitled to a CPTPP tariff, taken individually for each CPTPP country concerned, 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 cause, when considered collectively, of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,
(i.83)in the case of a complaint filed under subsection 23(1.083), the textile and apparel goods that are entitled to a CPTPP 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,
(i.94)in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms 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,
(i.95)in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras 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,
(i.96)in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras 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 alone cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,
(i.97)in the case of a complaint filed under subsection 23(1.097), the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,
(i.98)[Repealed, 2024, c. 3, s. 32] (repealed)
(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, or with the support 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.
(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
(2.1)Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(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).
(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.
(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.
(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
(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.
(6)The Tribunal shall, within thirty days after the date of receipt of an application 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.
(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 180 days before the end of the period.
note
27Principal cause of injury#
(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)[Repealed, 2020, c. 1, s. 146] (repealed)
(a.2)[Repealed, 2020, c. 1, s. 146] (repealed)
(a.3)[Repealed, 2020, c. 1, s. 146] (repealed)
(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.61)in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to the Colombia 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;
(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.81)in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to the Panama 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;
(a.82)in the case of a complaint filed under subsection 23(1.082), the goods that are entitled to a CPTPP tariff, taken individually for each CPTPP country concerned, are, as a result of that entitlement, being imported in such increased quantities and under such conditions as to constitute a principal cause, when considered collectively, of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;
(a.83)in the case of a complaint filed under subsection 23(1.083), the textile and apparel goods that are entitled to a CPTPP 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;
(a.94)in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;
(a.95)in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras 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.96)in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras 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.97)in the case of a complaint filed under subsection 23(1.097), the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;
(a.98)[Repealed, 2024, c. 3, s. 33] (repealed)
(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.
(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.
(2.1)[Repealed, 2020, c. 1, s. 146] (repealed)
(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.
(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.
note
28Reference to President#
(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 the Special 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.
(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
(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.
(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.
note
29Report on inquiry#
(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.
(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.
(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.
(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.
note
30Further inquiry#
(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.
(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.
(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.
note
30.01Definition of surge#
(1)In this section, surge means a significant increase in imports over the trend for a recent representative base period.
(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 CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.
(2.1)The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.
(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.
(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.
(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.
(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.
(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.
(8)The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.
note
30.011Filing of surge complaint — CIFTA#
(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).
(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.
(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.
(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.
(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.
(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.
(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.
(9)The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.
note
30.012Definition of surge#
(1)In this section, surge has the meaning given that word by Article F-05 of the CCFTA.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(10)The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.
note
Extension Inquiries
30.02Definition of extension request#
In sections 30.03 to 30.09, extension request means a written request filed with the Tribunal under section 30.04.note
30.03Notice of expiring orders#
(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, subsection 63(1), 74(1) or (2), 76(1) or 77(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;
(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;
(c)the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 74(1) or (2) of the Customs Tariff is four years;
(d)the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 76(1) of the Customs Tariff is, in the case of motor vehicles of heading No. 87.03 imported from Japan, five years or in the case of any other goods, three years; or
(e)the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 77(1) of the Customs Tariff is four years.
(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.
note
30.04Filing of request relating to extension orders#
(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), 74(7), 76(3) or 77(3) 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.
(1.1)An extension request may also be filed by a trade union whose members are engaged in the Canadian production of the like or directly competitive goods.
(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).
(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.
note
30.05Contents of extension request#
(1)An extension request shall
(a)state in reasonable detail the facts on which it is based;
(b)in the case of an extension request filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;
(b.1)in the case of an extension request filed by a trade union,
(i)state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and
(ii)provide evidence that one or more domestic producers of the like or directly competitive goods support the request and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and
(c)make any other representations that the requester considers relevant to the matter.
(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 estimates referred to in paragraph (1)(b) or (b.1); and
(b)such other information as may be required by the rules.
note
30.06Request for additional information#
(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.
(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.
(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.
note
30.07Inquiries into extension requests#
(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, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.
(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
(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.
note
30.08Continuing necessity of order#
(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).
(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.
note
30.09Report on extension inquiry#
(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.
(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.
(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.
note
Complaints by Potential Suppliers
30.1Definitions#
In this section and in sections 30.11 to 30.19,
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; (contrat spécifique)
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; (institution fédérale)
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; (intéressée)
potential supplier means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract. (fournisseur potentiel)
note
30.11Filing of complaint#
(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.
(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.
note
30.12Notice of receipt#
(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.
note
30.13Decision to conduct 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.
(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.
(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.
(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.
note
30.14Matters inquired into#
(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.
note
30.15Findings and recommendations#
(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.
(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.
(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.
(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.
note
30.16Costs#
(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.
note
30.17Intervenors#
An interested party may, with leave of the Tribunal, intervene in any proceedings before the Tribunal in relation to a complaint.note
30.18Implementation of recommendations#
(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.
(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.
(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.
note
30.19Comments and observations#
(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.
(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.
note
Safeguard Measures in Respect of China
30.2Definitions#
The following definitions apply in this section and in sections 30.21 to 30.25.
action means
(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). (mesure)
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. (désorganisation du marché)
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. (cause importante)
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. (membre de l’OMC)
note
30.21Inquiry into market disruption and trade diversion#
(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.
(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.
(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.
(4)The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette.
note
30.22Filing of complaint — market disruption#
(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.
(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.
(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.
(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
(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.
(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.
(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.
(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.
note
30.23Filing of complaint — trade diversion#
(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.
(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.
(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
(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.
(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
(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.
(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.
(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.
note
30.24Further inquiry#
(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.
(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.
(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.
note
30.25Notice of expiring orders#
(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.
(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.
(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.
(4)An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection (2).
(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.
(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.
(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 market disruption 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.
(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
(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.
(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.
(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.
(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.
(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.
(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.
note
Safeguard Measures in Respect of Korea
30.27Definition of complaint#
In sections 30.28 to 30.32, complaint means a written complaint filed with the Tribunal under subsection 23(1.097) 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 subsection 30.28(2).note
30.28Critical circumstances#
(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 Korea Tariff, or any person or association acting on behalf of such a domestic producer, may, if filing a complaint under subsection 23(1.097), include in that complaint a written allegation that as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms, and under such conditions as to give rise to critical circumstances.
(2)The allegation must
(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 allegation 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 considers relevant to the matter.
note
30.29Request for additional information#
(1)The Tribunal may, within seven days after the day on which a complaint under subsection 23(1.097) is received, by notice in writing, request the complainant to provide any additional information that the Tribunal considers necessary in order for an allegation that is included in the complaint to be properly documented.
(2)If the Tribunal receives additional information under subsection (1) or this subsection, the Tribunal may, within seven days after the day on which the additional information is received, by notice in writing, request the complainant to provide any additional information that the Tribunal considers necessary in order for the allegation to be properly documented.
note
30.3Commencement of inquiry#
(1)The Tribunal shall, within seven days after the day on which an allegation is received or, if the Tribunal has requested the complainant to provide additional information under subsection 30.29(1) or (2), within seven days after the day on which the additional information is received, determine whether the allegation is properly documented and, if the Tribunal determines that it is, commence an inquiry into the allegation 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
(i)the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, 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, and
(ii)delay in taking action would cause serious injury to domestic producers of like or directly competitive goods that would be difficult to repair; and
(b)that the allegation is made by or on behalf of domestic producers that produce a major proportion of the domestic production of the like or directly competitive goods.
(2)If the Tribunal decides to commence an inquiry, 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 will commence;
(b)cause a notice of its decision and the date on which any hearing in the inquiry will commence to be published in the Canada Gazette; and
(3)If the Tribunal decides not to commence an inquiry, it shall immediately notify the complainant of its decision, of the reasons for it and, if the reasons 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.
note
30.31Determination by Tribunal#
(1)In an inquiry, the Tribunal shall, not later than 58 days after the day on which the complaint is received and having regard to any regulations made under paragraph 40(a), determine on the basis of available information whether
(a)the evidence discloses a reasonable indication that the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, 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; and
(b)delay in taking action would cause serious injury to domestic producers of like or directly competitive goods that would be difficult to repair.
(2)During the inquiry, the Tribunal shall examine any other matter in relation to the allegation that the Governor in Council refers to it.
(4)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.
note
30.32Termination of inquiry#
If the Tribunal determines under subsection 25(1) that the complaint in which the allegation is included is not properly documented, or determines not to commence an inquiry into the complaint under subsection 26(3), any proceeding initiated in relation to the allegation shall be terminated and the Tribunal must
(a)if an inquiry has been commenced under subsection 30.3(1), notify the complainant and each other interested party in writing that the proceeding has been terminated and cause a notice of the fact that the proceeding has been terminated to be published in the Canada Gazette; or
(b)if an inquiry has not been commenced, notify the complainant in writing that the proceeding has been terminated.
note
General
Procedural Matters
31Right to appear#
All parties to a hearing before the Tribunal may appear in person or may be represented at the hearing by counsel or an agent.
33Hearing and taking of evidence#
(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.
(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.
(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.
note
34Information other than sworn evidence#
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.
35Conduct of proceedings#
Hearings before the Tribunal shall be conducted as informally and expeditiously as the circumstances and considerations of fairness permit.
By-laws, Rules and Regulations
38By-laws#
(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).
39Rules#
(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;
(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 (1.1) or 30.25(3); and
(d)generally, governing the proceedings, practice and procedures of the Tribunal.
(2)A majority of the permanent members in office shall constitute a quorum for the purpose of making rules under subsection (1).
40Regulations#
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;
(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 purposes and provisions of this Act.
note
Annual Report
Disclosure of Information
44Information to be disclosed#
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.
44.1Information to be disclosed#
(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 CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, 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.
(2)For the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act.
note
45Information not to be disclosed#
(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.
(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).
(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.
(3.1)Despite subsection (1), the Tribunal may disclose information to which that subsection applies to an expert engaged to advise or assist the Tribunal for use, despite 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.
(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).
(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.
(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;
(b.1)persons engaged under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act to advise or assist the Tribunal; and
(c)any prescribed person.
(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).
(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.
(8)No proceedings for an offence under subsection (6) shall be instituted without the consent in writing of the Attorney General of Canada.
(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.
note
46Designation of information as confidential#
(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.
(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.
note
47Where there has been failure to comply#
(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).
(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).
48Withdrawal of designation or submission of explanation#
(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
(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.
(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.
(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.
49Other information#
If
(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 it 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.note
Repeals, Consequential Amendments and Transitional
Repeals
Consequential Amendments
Transitional
53Definitions#
In this section and sections 54 to 60,
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; (Tribunal canadien des importations)
commencement day means the day on which this section comes into force; (date de référence)
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; (Commission du tarif)
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. (Commission du textile et du vêtement)
54Members of Tariff Board cease to hold office#
(1)Subject to subsection (2), the members of the Tariff Board shall cease to hold office on the commencement day.
(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.
(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.
55Members of Textile and Clothing Board cease to hold office#
(1)Subject to subsection (2), the members of the Textile and Clothing Board shall cease to hold office on the commencement day.
(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.
(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.
56Secretary of Canadian Import Tribunal ceases to hold office#
The Secretary of the Canadian Import Tribunal shall cease to hold office on the commencement day.
57Members of Canadian Import Tribunal cease to hold office#
(1)Subject to subsection (2), the members of the Canadian Import Tribunal shall cease to hold office on the commencement day.
(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.
(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.
58Inquiries under Special Import Measures Act#
(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.
(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.
(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.
note
59Limitation period#
(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.
(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).
(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.
(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.
note
60Other proceedings#
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.
61Continuation of certain rules#
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.
62Continuation of previous orders, etc.#
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
[Amendments]
Amendments not in force
— 2026, c. 8, s. 27Section 2 of the Canadian International Trade Tribunal Act is amended by adding the following after subsection (4.5):In this Act, Indonesia Tariff means the rates of customs duty referred to in section 49.71 of the Customs Tariff.Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “Indonesia” in the list of countries. — 2026, c. 8, s. 28The Act is amended by adding the following after section 19.0191: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.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 Indonesia 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for an inquiry and report.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.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.The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette. — 2026, c. 8, s. 29The Act is amended by adding the following after section 20.07: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.If, in an inquiry conducted under section 20 into goods imported from Indonesia 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.In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.In an inquiry under section 30.07 into goods imported from Indonesia conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Indonesia are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods. — 2026, c. 8, s. 30Section 21.1 of the Act is replaced by the following:In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.098) 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. — 2026, c. 8, s. 31Section 23 of the Act is amended by adding the following after subsection (1.097):Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Indonesia Tariff, or any person or association acting on or 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 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. — 2026, c. 8, s. 32Paragraph 25(2)(c) of the Act is replaced by the following:in the case of a complaint filed under subsection 23(1.06), (1.08), (1.083), (1.09), (1.091), (1.092), (1.096) or (1.098), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination. — 2026, c. 8, s. 33Paragraph 26(1)(a) of the Act is amended by adding the following after subparagraph (i.97):in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Indonesia 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, — 2026, c. 8, s. 34Subsection 27(1) of the Act is amended by adding the following after paragraph (a.97):in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Indonesia 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; — 2026, c. 8, s. 35The portion of subsection 30.03(1) of the Act before paragraph (a) is replaced by the following: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, subsection 63(1), 74(1) or (2), 75(1), 76(1) or 77(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 ifSubsection 30.03(1) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 75(1) of the Customs Tariff is three years. — 2026, c. 8, s. 36Subsection 30.04(1) of the Act is replaced by the following: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), 74(7), 75(3), 76(3) or 77(3) 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.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.