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

Amount of Subsidy

Marginal note:Amount of subsidy

• 30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods shall be determined in the prescribed manner.

• Marginal note:Where no prescribed manner

  (2) Where no manner of determining an amount of subsidy has been prescribed or, in the opinion of the President, sufficient information has not been provided or is not otherwise available to enable the determination of the amount of subsidy in the prescribed manner, the amount of subsidy shall, subject to subsection (3), be determined in such manner as the Minister may specify.

• Marginal note:Exception

  (3) An amount of subsidy shall not include any amount that is attributable to a non-actionable subsidy.

Procedure in Dumping and Subsidy Investigations

Commencement of Investigation

Marginal note:Initiation of investigation

• 31 (1) The President shall cause an investigation to be initiated respecting the dumping or subsidizing of any goods and whether there is a reasonable indication that such dumping or subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the President’s own initiative or, subject to subsection (2), where the President receives a written complaint respecting the dumping or subsidizing of the goods, within thirty days after the date on which written notice is given by or on behalf of the President to the complainant that the complaint is properly documented, if the President is of the opinion that there is evidence

  • (a) that the goods have been dumped or subsidized; and

  • (b) that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury.

• Marginal note:Standing

  (2) No investigation may be initiated under subsection (1) as a result of a complaint unless

  • (a) the complaint is supported by domestic producers whose production represents more than fifty per cent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint; and

  • (b) the production of the domestic producers who support the complaint represents twenty-five per cent or more of the total production of like goods by the domestic industry.

• Meaning of domestic producers

  (2.1) For the purpose of paragraph (2)(a), if a domestic producer is an importer of, or is related to an exporter or importer of, allegedly dumped or subsidized goods, domestic producers may, subject to subsection 2(1.1), be interpreted as meaning the rest of those domestic producers.

• Meaning of domestic industry

  (3) In paragraph (2)(b), domestic industry means, subject to subsection 2(1.1), the domestic producers as a whole of the like goods except that, if a domestic producer is related to an exporter or importer of allegedly dumped or subsidized goods, or is an importer of such goods, domestic industry may be interpreted as meaning the rest of those domestic producers.

• Marginal note:Producers related to exporters or importers

  (4) For the purposes of subsections (2.1) and (3), a domestic producer is related to an exporter or importer if

  • (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer,

  • (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or

  • (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person,

  and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer.

• Marginal note:Where there is deemed to be control

  (5) For the purposes of subsection (4), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person.

• Marginal note:Extension of 30-day period

  (6) The period of 30 days referred to in subsection (1) is extended to 45 days if, before the expiry of the 30 days, the President causes written notice to be given to the complainant that the period of 30 days is insufficient to determine whether there is compliance with the conditions referred to in subsection (2) or the condition referred to in subsection 31.1(1).

• Marginal note:Initiation of investigation

  (7) The President may, on receipt of a notice in writing from the Tribunal pursuant to section 46 respecting the dumping or subsidizing of any goods, cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in the notice.

• Marginal note:Initiation of investigation

  (8) Where a reference is made to the Tribunal pursuant to subsection 33(2) and the Tribunal advises that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods that are the subject of the reference has caused injury or retardation or is threatening to cause injury, the President shall initiate an investigation respecting the dumping or subsidizing of the goods forthwith after receipt of the advice.

Marginal note:No investigation where subsidy notified

• 31.1 (1) Subject to subsections (2) and (3), the President may not initiate an investigation with respect to a subsidy that has been notified to the Committee, in accordance with Article 8.3 of the Subsidies Agreement, as being a non-actionable subsidy.

• Marginal note:Where determination that subsidy is actionable

  (2) Subject to subsection (3), the President may initiate an investigation with respect to a subsidy referred to in subsection (1) where there is a determination that the subsidy is not a non-actionable subsidy by

  • (a) the Committee, as the result of a review of the notification pursuant to a request under Article 8.4 of the Subsidies Agreement; or

  • (b) an arbitration body as a result of the submission to binding arbitration under Article 8.5 of the Subsidies Agreement of

    • (i) a determination by the Committee that the subsidy is a non-actionable subsidy, or

    • (ii) the failure of the Committee to make a determination pursuant to a request under Article 8.4 of the Subsidies Agreement.

• Marginal note:Where redetermination that subsidy is actionable

  (3) The President may initiate an investigation with respect to a subsidy that was determined, by the Committee or an arbitration body, to be a non-actionable subsidy where the Committee or an arbitration body makes a redetermination that the subsidy is no longer a non-actionable subsidy.

• Marginal note:Notification

  (4) The President shall without delay notify the Deputy Minister of Finance and the complainant if the President is of the opinion that

  • (a) a subsidy that was not notified to the Committee in accordance with Article 8.3 of the Subsidies Agreement is a non-actionable subsidy; or

  • (b) a subsidy that was determined by the Committee or an arbitration body to be a non-actionable subsidy may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be a non-actionable subsidy.

• Marginal note:Where Deputy Minister of Finance receives notification

  (5) The Deputy Minister of Finance shall, on receipt of notification under subsection (4), notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of the matters referred to in paragraphs (4)(a) and (b).

Marginal note:Where President receives a complaint

• 32 (1) Where the President receives a written complaint respecting the dumping or subsidizing of goods, he shall, within twenty-one days after the receipt thereof,

  • (a) if the complaint is properly documented, cause the complainant to be informed in writing that the complaint was received and that it is properly documented; or

  • (b) if the complaint is not properly documented, cause the complainant to be informed in writing that the complaint was received and indicate the information and material needed in order for the complaint to be properly documented.

• Marginal note:Notice of complaint

  (1.1) If the President receives a properly documented written complaint under subsection (1), the President shall cause the government of the country of export to be notified in writing that the complaint was received and that it is properly documented.

• Marginal note:Timing of notice

  (1.2) The notice shall be provided no later than

  • (a) in the case of a complaint respecting the dumping of goods, seven days before the day on which the President decides whether or not to cause an investigation to be initiated; and

  • (b) in the case of a complaint respecting the subsidizing of goods, 20 days before the day on which the President decides whether or not to cause an investigation to be initiated.

• Marginal note:Additional information and material

  (2) For the purposes of subsection (1), where the President receives from a complainant additional written information or material in relation to a complaint referred to in that subsection with respect to which he has at any time caused the complainant to be informed pursuant to paragraph (1)(b), the President shall, unless, before the receipt of the additional information or material, he has caused the complainant to be informed in writing pursuant to paragraph (1)(a) that the complaint is properly documented, be deemed to have received, on the day that he received the additional written information or material, a complaint respecting the dumping or subsidizing of goods composed of the complaint with respect to which he has caused the complainant to be so informed pursuant to paragraph (1)(b) and the additional information or material.

• Marginal note:Deemed complaint

  (3) If a written complaint filed with the Tribunal under subsection 23(1) of the Canadian International Trade Tribunal Act is referred to the President under subsection 26(4) or 28(1) of that Act, the President is deemed to have received a written complaint described in subsection (1).

Marginal note:Where President decides not to initiate investigation

• 33 (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export.

• Marginal note:Reference to Tribunal

  (2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the President the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury,

  • (a) the President may, on the date of the notice referred to in subsection (1), or

  • (b) the complainant may, within thirty days after the date of the notice referred to in subsection (1),

  refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury.

Marginal note:Notice of investigation

• 34 (1) If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods, the President shall

  • (a) in the case of an investigation initiated under any provision of this Act other than section 7, cause notice of the investigation

    • (i) to be given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any other prescribed persons, and

    • (ii) to be published in the Canada Gazette; and

  • (b) without delay provide the Tribunal with the information and material with respect to the matter that is required under the Tribunal’s rules.

• Marginal note:Tribunal to make preliminary inquiry

  (2) The Tribunal shall, without delay after receipt under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

Marginal note:Termination of investigation or inquiry

• 35 (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods that are the subject of the investigation,

  • (a) the President is satisfied in respect of some or all of those goods that the actual and potential volume of goods of a country or countries is negligible; or

  • (b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

• Marginal note:Duty of President

  (2) The President shall

  • (a) cause the investigation to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and

  • (b) cause notice of the termination to be

    • (i) given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

    • (ii) published in the Canada Gazette.

• Marginal note:Duty of Tribunal

  (3) The Tribunal shall

  • (a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and

  • (b) cause notice of the termination to be

    • (i) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

    • (ii) published in the Canada Gazette.