Marginal note:Publication in Canada Gazette

77.036 The rules, the code of conduct established pursuant to Article 1909 of the North American Free Trade Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

Marginal note:Application

77.037 No provision

• (a) of an Act to amend this Act,

• (b) of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, or

• (c) amending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review

that comes into force after the coming into force of this section shall be applied in respect of goods of a NAFTA country, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of that NAFTA country.

Marginal note:Suspension of Part II

77.038 The operation of Part II is suspended during the period in which this Part is in force.

Marginal note:Definitions

• 77.1 (1) In this Part,

  “American Secretary”

  « secrétaire américain »

  “American Secretary” means the secretary of the United States section of the Secretariat provided for by Article 1909 of the Free Trade Agreement;

  “appropriate authority”

  « autorité compétente »

  “appropriate authority”, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision;

  “committee”

  « comité »

  “committee” means an extraordinary challenge committee appointed pursuant to section 77.18;

  “definitive decision”

  « décisions finales »

  “definitive decision” means

  • (a) a final determination of the President under paragraph 41(1)(a),

  • (b) a decision of the President under paragraph 41(1)(b) to cause an investigation to be terminated,

  • (c) an order or finding of the Tribunal under subsection 43(1),

  • (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking,

  • (e) a re-determination of the President under subsection 59(1),

  • (f) a re-determination of the President under subsection 59(3),

  • (f.1) a re-determination of the President under subsection 59(1.1),

  • (g) an order of the Tribunal under subsection 76.01(4) or 76.03(5),

  • (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),

  • (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1),

  • (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or

  • (j) an order or finding of the Tribunal under subsection 91(3)

  that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods;

  “Minister”

  « ministre »

  “Minister” means the Minister for International Trade;

  “panel”

  « groupe spécial »

  “panel” means a panel appointed pursuant to section 77.13;

  “rules”

  « règles »

  “rules” means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the Free Trade Agreement;

  “Secretariat”

  « Secrétariat »

  “Secretariat” means the Canadian Secretariat established by section 77.23.

• Marginal note:Inconsistency

  (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency.