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

Marginal note:Suspension of time periods

77.027 Where a special committee makes an affirmative finding against Canada or a NAFTA country pursuant to a request made by the government of a NAFTA country or Canada in respect of an allegation referred to in Article 1905.1 of the North American Free Trade Agreement,

• (a) the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that NAFTA country, and

• (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition “definitive decision” in subsection 77.01(1) in respect of goods of that NAFTA country,

shall not run unless and until resumed in accordance with subsection 77.033.

Marginal note:Suspension of panel process

• 77.028 (1) The Minister may suspend the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of a NAFTA country

  • (a) at any time after the expiration of sixty days, but not later than ninety days, following an affirmative finding against the NAFTA country by a special committee requested by Canada under Article 1905.2 of the North American Free Trade Agreement; and

  • (b) at any time where the government of the NAFTA country has suspended the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.

• Marginal note:Notice of suspension

  (2) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under subsection (1) with respect to goods of a NAFTA country, the Canadian Secretary shall forward a written notice of the suspension to the NAFTA country Secretary of that NAFTA country and shall publish a notice of the suspension in the Canada Gazette.

Marginal note:Suspension of benefits

• 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of sixty days, but in no case later than ninety days, following an affirmative finding against a NAFTA country by a special committee requested by Canada under Article 1905.2 of the North American Free Trade Agreement, suspend the application to that NAFTA country of such benefits under the North American Free Trade Agreement as the Governor in Council considers appropriate in the circumstances.

• Marginal note:Powers

  (2) For the purpose of suspending the application to a NAFTA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

  • (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the North American Free Trade Agreement or an Act of Parliament;

  • (b) modify or suspend the application of any federal law with respect to that country or to goods, service providers, suppliers, investors or investments of that country;

  • (c) extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and

  • (d) generally take such action as the Governor in Council considers necessary for that purpose.

• Marginal note:Period of order

  (3) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order.

• Marginal note:Definitions

  (4) In this section, “federal law” means the whole or any portion of any Act of Parliament or regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.

• Marginal note:Order not a statutory instrument

  (5) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act.

• Marginal note:Action consistent with determination

  (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 1905.10(a) of the North American Free Trade Agreement, the Governor in Council shall take action consistent with that determination.