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5.4 (1) The following definitions apply in this section.

action

action  means

• (a) any action, including a provisional action, taken

  • [...]

  • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

WTO Member

WTO Member  means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)

Marginal note:Addition to Import Control List — market disruption

(2) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.

Marginal note:Addition to Import Control List — trade diversion

(3) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion.

Marginal note:Extension order

(4) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

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Marginal note:Addition to Import Control List

(7) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (3), that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People’s Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.

5 (1) The Governor in Council may establish a list of goods, to be called an Import Control List, including therein any article the import of which the Governor in Council deems it necessary to control for any of the following purposes:

• [...]

• (f) to prevent the frustration or circumvention of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and Clothing applies.

[...]

Marginal note:Addition to Import Control List

(3) Where at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian International Trade Tribunal Act, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and, subject to subsection (7), for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the injury.

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Marginal note:Extension order

(3.2) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

• [...]

• (b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.

[...]

Marginal note:Exception for goods imported from certain countries

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in Schedule 1 if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

Marginal note:Exception for goods imported from a free trade partner

(4) Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that

• [...]

• (c) in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

[...]

Marginal note:New order with respect to goods imported from a free trade partner

(4.1) If an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a free trade partner and it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 30.01 or 30.011 of the Canadian International Trade Tribunal Act, that

• (a) there has been a surge of like goods imported from that free trade partner on or after the coming into force of the order, and

any goods of the same kind imported into Canada from that free trade partner may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting their importation to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).

Marginal note:Order to specify

(4.2) An order made under subsection (3) or (3.2) must state whether it applies to goods imported from a free trade partner.

Marginal note:Addition to Import Control List

(4.3) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to goods imported from a free trade partner, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information if those goods are goods

[...]

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Marginal note:Goods imported from a free trade partner

(8) If goods imported from a free trade partner are included on the Import Control List by order of the Governor in Council under subsection (4.1) or (4.3), the goods are deemed to be removed from that List on the earlier of

[...]

5 (1) The Governor in Council may establish a list of goods, to be called an Import Control List, including therein any article the import of which the Governor in Council deems it necessary to control for any of the following purposes:

• [...]

• (f) to prevent the frustration or circumvention of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and Clothing applies.

[...]

Marginal note:Addition to Import Control List

(3) Where at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian International Trade Tribunal Act, that goods of any kind are being imported or are likely to be imported into Canada at such prices, in such quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods, any goods of the same kind may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and, subject to subsection (7), for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the injury.

[...]

Marginal note:Extension order

(3.2) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

• [...]

• (b) there is evidence that the domestic producers are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.

[...]

Marginal note:Exception for goods imported from certain countries

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind imported from a country listed in Schedule 1 if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

Marginal note:Exception for goods imported from a free trade partner

(4) Notwithstanding subsections (3) and (3.2), an order made under those subsections may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act, that

• [...]

• (c) in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

[...]

Marginal note:New order with respect to goods imported from a free trade partner

(4.1) If an order has been made under subsection (3) or (3.2) that does not, by virtue of subsection (4), apply to goods imported from a free trade partner and it appears to the satisfaction of the Governor in Council, on a report of the Minister made on the basis of an inquiry under section 30.01 or 30.011 of the Canadian International Trade Tribunal Act, that

• (a) there has been a surge of like goods imported from that free trade partner on or after the coming into force of the order, and

any goods of the same kind imported into Canada from that free trade partner may, by order of the Governor in Council, be included on the Import Control List for the purpose of limiting their importation to prevent the undermining of the effectiveness of the order made under subsection (3) or (3.2).

Marginal note:Order to specify

(4.2) An order made under subsection (3) or (3.2) must state whether it applies to goods imported from a free trade partner.

Marginal note:Addition to Import Control List

(4.3) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to goods imported from a free trade partner, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information if those goods are goods

[...]

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Marginal note:Goods imported from a free trade partner

(8) If goods imported from a free trade partner are included on the Import Control List by order of the Governor in Council under subsection (4.1) or (4.3), the goods are deemed to be removed from that List on the earlier of

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2 (1) In this Act,

CCFTA

CCFTA  has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; (ALÉCC)

CCRFTA

CCRFTA  has the same meaning as Agreement in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; (ALÉCCR)

CETA

CETA  has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

CIFTA

CIFTA  has the same meaning as Agreement in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act; (ALÉCI)

Free Trade Agreement

Free Trade Agreement [Repealed, 1997, c. 14, s. 70]

free trade partner

free trade partner  means

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NAFTA

NAFTA  has the meaning assigned to the word Agreement by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (ALÉNA)

NAFTA country

NAFTA country  has the meaning assigned to the expression NAFTA country by subsection 2(1) of the North American Free Trade Agreement Implementation Act; (pays ALÉNA)

World Trade Organization Agreement

World Trade Organization Agreement  has the same meaning as the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)

2 (1) In this Act,

CCFTA

CCFTA  has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; (ALÉCC)

CCRFTA

CCRFTA  has the same meaning as Agreement in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; (ALÉCCR)

CETA

CETA  has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

CIFTA

CIFTA  has the same meaning as Agreement in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act; (ALÉCI)

CUKTCA

CUKTCA  has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU)

Free Trade Agreement

Free Trade Agreement [Repealed, 1997, c. 14, s. 70]

free trade partner

free trade partner  means

[...]

World Trade Organization Agreement

World Trade Organization Agreement  has the same meaning as the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)