Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Appeal to Federal Court on question of law

• 62. (1) Any of the parties to an appeal under section 61, namely,

  • (a) the person who appealed,

  • (b) the President, or

  • (c) any person who entered an appearance in accordance with subsection 61(2), if the person has a substantial interest in the appeal and has obtained leave from the Court or a judge thereof,

  may, within ninety days after the making of an order or finding under subsection 61(3), appeal therefrom to the Federal Court of Appeal on any question of law.

• Marginal note:Disposition of appeal

  (2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may

  • (a) declare what duty is payable or that no duty is payable on the goods with respect to which the appeal to the Tribunal was taken; or

  • (b) refer the matter back to the Tribunal for re-hearing.

62.1 [Repealed, 2001, c. 25, s. 98]

63. to 75. [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]

Marginal note:Application for judicial review

76. Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Courts Act.

Marginal note:Interim review of orders by Tribunal

• 76.01 (1) At any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of

  • (a) the order or finding; or

  • (b) any aspect of the order or finding.

• Marginal note:Tribunal may re-hear any matter

  (2) In conducting an interim review, the Tribunal may re-hear any matter before deciding it.

• Marginal note:Limitation

  (3) The Tribunal shall not conduct an interim review at the request of any person or government unless the person or government satisfies the Tribunal that the review is warranted.

• Marginal note:Order if interim review not initiated

  (4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Secretary shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.

• Marginal note:Orders on completion of interim review

  (5) The Tribunal, on completion of an interim review

  • (a) under paragraph (1)(a), shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and shall give reasons for making the order; and

  • (b) under paragraph (1)(b), shall make any order in respect of the order or finding as the circumstances require, and shall give reasons for making the order.

• Marginal note:Completion of review

  (6) On completion of an interim review, the Secretary shall

  • (a) forward to the President and any other persons and governments that are specified by the rules of the Tribunal,

    • (i) without delay after the review is completed, a copy of the order, and

    • (ii) not later than fifteen days after the date of the order, a copy of the reasons for the order; and

  • (b) cause notice of the order to be published in the Canada Gazette.

• Marginal note:Expiry of order

  (7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires

  • (a) if an expiry review is not initiated under subsection 76.03(3), five years after the day on which the order or finding that was the subject of the interim review was made; and

  • (b) if an expiry review is initiated under subsection 76.03(3), the day on which the Tribunal makes an order under subsection 76.03(12).