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

Marginal note:Termination of suspension

77.032 The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to Article 1905.10 of the North American Free Trade Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

Marginal note:Resumption

77.033 All panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resume

• (a) where the operation of Article 1904 of the North American Free Trade Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of ninety days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or

• (b) where benefits are suspended under section 77.029.

Marginal note:Offence

• 77.034 (1) Every person commits an offence who contravenes or fails to comply with

  • (a) a disclosure undertaking under subsection 77.021(2);

  • (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged or prescribed information; or

  • (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any NAFTA country giving effect to the North American Free Trade Agreement.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars.

• Marginal note:Consent

  (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada.

Marginal note:Regulations

77.035 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations

• (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Chapter Nineteen of the North American Free Trade Agreement and the rules, including powers, rights and privileges of a superior court of record;

• (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Majesty to perform duties or functions of the Minister under this Part;

• (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 1901.2, and paragraph 1 of Annex 1904.13, of Chapter Nineteen of the North American Free Trade Agreement; and

• (d) generally for carrying out the purposes and provisions of this Part.