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

Act current to 2014-09-29 and last amended on 2010-08-27. Previous Versions

Action on Decision of Panel

Marginal note:Action by appropriate authority
  •  (1) Where a panel makes an order under subsection 77.15(3) or (4) referring a matter back to the appropriate authority for reconsideration, the appropriate authority shall, within the period specified by the panel, take action under this Act not inconsistent with the decision of the panel.

  • Marginal note:Appropriate authority not required to act twice

    (2) Notwithstanding any other provision of this Act, an appropriate authority is not required to act on an order under subsection 77.15(4), unless it requires the authority to take action that is different from that taken by the authority under the order under subsection 77.15(3).

  • 1988, c. 65, s. 42.

Extraordinary Challenge Proceeding

Marginal note:Request for extraordinary challenge proceeding
  •  (1) Within the period after a panel makes an order under subsection 77.15(3) or (4) prescribed by the rules, the Minister or the United States government may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.

  • Marginal note:Ground for request

    (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 1904 of the Free Trade Agreement.

  • Marginal note:Notification of request for extraordinary challenge proceeding

    (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the American Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the United States government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.

  • 1988, c. 65, s. 42.
Marginal note:Appointment of extraordinary challenge committee

 On a request under section 77.17 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 1904.13 to Chapter Nineteen of the Free Trade Agreement and any regulations made in connection therewith.

  • 1988, c. 65, s. 42.
Marginal note:Conduct of extraordinary challenge proceeding
  •  (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 1904.13 to Chapter Nineteen of the Free Trade Agreement and the rules.

  • Marginal note:Powers of committee

    (2) A committee has such powers, rights and privileges as are conferred on it by the regulations.

  • Marginal note:New panel

    (3) Where an order of a panel is set aside by a committee, a new panel shall, in accordance with this Part, be appointed and conduct a review of the definitive decision that was the subject of that order.

  • Marginal note:Action by panel

    (4) Where an order of a panel is referred back to the panel by a committee, the panel shall take action not inconsistent with the decision of the committee.

  • Marginal note:Decision

    (5) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the United States government, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.

  • 1988, c. 65, s. 42.