3.2 In order to provide for the efficient management of the resources and caseload of the Tribunal, the Chairman may, taking into account the complexity and precedential nature of the matter at issue, determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions for the purposes of:

• (a) conducting inquiries and reporting on requests for textile tariff relief in respect of the Reference made by the Minister to the Tribunal on July 6, 1994 pursuant to section 19 of the Act;

• (b) hearing, determining, and dealing with any appeal made to the Tribunal pursuant to the Customs Act; or

• (c) hearing, determining and dealing with any appeal made to the Tribunal pursuant to section 81.19 of the Excise Tax Act in respect of an application for a rebate under section 120 of that Act.

• 4. (1) For the purposes of commencing an inquiry under subsection 26(1), 30.07(1), 30.22(3), 30.23(3) or 30.25(7) of the Act, the Tribunal shall, to determine whether paragraph 26(1)(b), 30.07(1)(b), 30.22(3)(b), 30.23(3)(b) or 30.25(7)(b) of the Act, as the case may be, has been satisfied, examine whether a domestic producer is

  • (a) in reality, a domestic producer who produces in Canada like or directly competitive goods;

  • (b) related to an exporter or importer of like or directly competitive goods; and

  • (c) also an importer or exporter of like or directly competitive goods.

• (1.1) For the purposes of commencing an inquiry under subsection 30.01(4), 30.011(5) or 30.012(6) of the Act, the Tribunal shall take into account the factors referred to in paragraphs (1)(a) to (c).

• (2) For the purposes of paragraph (1)(b), an importer or exporter and a domestic producer are related to each other if

  • (a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;

  • (b) one is an officer or director of the other;

  • (c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations;

  • (d) they are partners;

  • (e) one is the employer of the other;

  • (f) they directly or indirectly control or are controlled by the same person;

  • (g) one directly or indirectly controls or is controlled by the other;

  • (h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or

  • (i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other.