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

Act current to 2014-10-15 and last amended on 2010-08-27. Previous Versions

Marginal note:Request for review of final determination
  •  (1) The Minister for International Trade may, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that a final determination be reviewed by a panel established under that law.

  • Marginal note:Idem

    (2) On a request made to the Canadian Secretary by any person who, but for the American law giving effect to the Free Trade Agreement, would be entitled under American law to commence domestic proceedings for judicial review of a final determination, the Minister for International Trade shall, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that the final determination be reviewed by a panel established under that law.

  • Marginal note:Limitation period

    (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the final determination is published in the Federal Register or, in the case of a final determination of which notice is not so published, the day on which notice of the final determination is received by the Minister.

  • Definition of “final determination”

    (4) In this section, “final determination” means a final determination as defined in subparagraph (b) of the definition of that term in Article 1911 of the Free Trade Agreement.

  • 1988, c. 65, s. 44;
  • 1999, c. 12, s. 49(F).

Offences

Marginal note:Offence
  •  (1) Every person commits an offence who

    • (a) uses information disclosed to the person by the President under subsection 84(3) for any purpose other than the purpose for which the information was disclosed under that subsection; or

    • (b) contravenes a condition imposed by the President under subsection 84(3).

  • Marginal note:Punishment

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

    • (a) an indictable offence and liable to a fine of not more than $1,000,000; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $100,000.

  • 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.

  • 1999, c. 12, s. 50, c. 17, s. 184;
  • 2005, c. 38, s. 134.

REGULATIONS

Marginal note:Regulations
  •  (1) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

    • (a) prescribing anything that by this Act is to be or may be prescribed by regulation;

    • (a.1) respecting the factors that may be considered in determining

      • (i) the existence of injury, retardation or threat of injury, and

      • (ii) whether the injury, retardation or threat of injury has been caused by the dumping or subsidizing of any goods or by any other reason;

    • (b) specifying the circumstances and manner in which two or more properly documented complaints, investigations or inquiries may be joined and carried on as one and the persons to whom and the manner in which notice of the joining shall be given;

    • (c[Repealed, 1994, c. 47, s. 184]

    • (d) defining the expression “duty or internal tax” for the purpose of the definition “subsidy” in subsection 2(1);

    • (e) defining the expressions “cost of production”, “a reasonable amount for administrative, selling and all other costs” and “a reasonable amount for profits” for the purpose of paragraph 19(b) or subparagraph 20(1)(c)(ii);

    • (e.1) prescribing the manner of calculating the cost of production of goods and the administrative, selling and all other costs with respect to goods;

    • (f) defining the expression “an amount for profit” for the purpose of subparagraph 25(1)(c)(ii) or (d)(i);

    • (f.1) defining the expression “start-up period of production” for the purposes of section 23.1, including prescribing the factors to consider in determining the duration of such a period;

    • (f.2) prescribing, for the purposes of subsection 30.3(3), the manner for determining a margin of dumping, including prescribing the manner for determining the maximum margin of dumping that can be determined;

    • (g) defining the expression “person interested” for the purpose of subsection 45(6) or section 89 or 95;

    • (g.1) deeming a government in Canada or the United States to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.11(2);

    • (g.11) deeming a government in Canada or in a NAFTA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);

    • (g.2) defining the expression “goods of the United States” for the purpose of this Act;

    • (g.21) defining the expression “goods of a NAFTA country” for the purpose of this Act;

    • (g.22) determining, in respect of each NAFTA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

    • (g.23) determining the meaning of the expression “goods of Chile” for the purposes of this Act;

    • (h) prescribing the procedure to be followed in an investigation ordered by the Governor in Council under subsection 7(1);

    • (i) providing for the selection of an interest rate, from among or by reference to interest rates prevailing in or out of Canada at the time of the sale referred to in subsection 21(1), by reference to which the determination referred to in paragraph 21(1)(a) shall be made in the circumstances described in clause 21(1)(a)(ii)(B);

    • (j) providing for the selection of an interest rate, from among or by reference to interest rates prevailing in or out of Canada at the time of the sale referred to in subsection 27(1), by reference to which the determination referred to in paragraph 27(1)(a) shall be made in the circumstances described in clause 27(1)(a)(ii)(B);

    • (k) providing for the determination of or specifying the date as of which the equivalent dollar value of any amount that is expressed in the currency of a country other than Canada and that is used or taken into account for any purpose in the administration or enforcement of this Act shall be ascertained, determined or calculated;

    • (k.1) providing for the method of determining the rate of exchange for the purpose of calculating the export price for export sales involving the sale of foreign currency on forward markets;

    • (k.2) providing for the manner of making adjustments to export prices and normal values in situations of fluctuation or sustained movement in the rate of exchange;

    • (k.3) prescribing the period after which the President may refuse to consider representations referred to in subsection 49(5);

    • (k.4) prescribing the factors that the President may consider in making a determination under paragraph 76.03(7)(a);

    • (k.5) prescribing the factors that the Tribunal may consider in making a determination under subsection 76.03(10);

    • (k.6) providing for the manner of attributing principal and interest to imported goods when those amounts include a portion related to charges not directly associated with the value of the goods; and

    • (l) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Regulations prescribing rate of interest

    (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations prescribing a rate of interest or rules for determining a rate of interest for the purposes of this Act.

  • R.S., 1985, c. S-15, s. 97;
  • R.S., 1985, c. 1 (2nd Supp.), s. 212;
  • 1988, c. 65, s. 45;
  • 1993, c. 44, s. 223;
  • 1994, c. 47, s. 184;
  • 1997, c. 14, s. 93;
  • 1999, c. 12, s. 51, c. 17, ss. 183, 184;
  • 2005, c. 38, s. 134.