An Act to amend certain Acts as a result of the accession of the People’s Republic of China to the Agreement Establishing the World Trade Organization

S.C. 2002, c. 19

Assented to 2002-06-13

An Act to amend certain Acts as a result of the accession of the People’s Republic of China to the Agreement Establishing the World Trade Organization

SUMMARY

This enactment gives effect to the rights of Canada pursuant to the Protocol on the Accession of the People’s Republic of China to the World Trade Organization that came into effect on December 11, 2001.

The enactment amends the Canadian International Trade Tribunal Act, the Customs Tariff and the Export and Import Permits Act to authorize the Governor in Council to impose, under certain conditions and after an inquiry by the Canadian International Trade Tribunal, special trade measures to protect Canadian industries from injury or threat of injury that could be caused by imports from the People’s Republic of China. These special trade measures, called safeguards, will be available until December 11, 2013.

The enactment also amends the Special Import Measures Act to allow the Canada Customs and Revenue Agency greater flexibility in conducting anti-dumping investigations related to imported Chinese goods when the price or the cost of production of those goods in China is not determined by market economy conditions.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. 47 (4th Supp.)CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

 Paragraph 26(1)(c) of the Canadian International Trade Tribunal Act is replaced by the following:

  • (c) where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to like or directly competitive goods has been completed or terminated by the Tribunal under this Act during the twenty-four month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

 Subsection 29(4) of the French version of the Act is replaced by the following:

  • Marginal note:Publication d’avis

    (4) Le Tribunal fait publier dans la Gazette du Canada un avis pour chaque rapport établi en application du paragraphe (1) et en avise les autres intéressés.

 Subsection 30(4) of the French version of the Act is replaced by the following:

  • Marginal note:Publication d’avis

    (4) Le Tribunal fait publier dans la Gazette du Canada un avis de transmission pour chaque rapport visé au paragraphe (1) et en notifie les autres intéressés.

 The Act is amended by adding the following after section 30.19:

SAFEGUARD MEASURES IN RESPECT OF CHINA

Marginal note:Definitions

30.2 The following definitions apply in this section and in sections 30.21 to 30.25.

“action”

« mesure »

“action” means

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

    • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

    • (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

  • (b) any combination of actions referred to in paragraph (a).

“market disruption”

« désorganisation du marché »

“market disruption” means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.

“significant cause”

« cause importante »

“significant cause” means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat.

“WTO Member”

« membre de l’OMC »

“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.

Marginal note:Inquiry into market disruption and trade diversion
  • 30.21 (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to

    • (a) the importation of goods originating in the People’s Republic of China into Canada in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or

    • (b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada

    that the Governor in Council refers to the Tribunal for inquiry.

  • Marginal note:Terms of reference

    (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.

  • Marginal note:Tabling of report

    (3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted.

  • Marginal note:Notice of report

    (4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette.

Marginal note:Filing of complaint — market disruption
  • 30.22 (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People’s Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

  • Marginal note:Contents of complaint

    (2) A complaint shall

    • (a) state in reasonable detail the facts on which the allegations are based;

    • (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;

    • (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

    • (d) be accompanied by any other information that may be required by the rules; and

    • (e) make any other representations that the complainant deems relevant to the matter.

  • Marginal note:Commencement of inquiry

    (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied

    • (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods;

    • (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods; and

    • (c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

  • Marginal note:Notice of decision to commence inquiry

    (4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately

    • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

    • (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

    • (c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.

  • Marginal note:Notice of decision not to commence inquiry

    (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately

    • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and

    • (b) cause a notice of its decision to be published in the Canada Gazette.

  • Marginal note:Determination by Tribunal

    (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), the goods originating in the People’s Republic of China that are the subject of the complaint are being imported 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.

  • Marginal note:Other matters

    (7) The Tribunal shall, in the inquiry into the complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

  • Marginal note:Report on inquiry

    (8) The Tribunal shall prepare a report on the inquiry not later than ninety days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

  • Marginal note:Notice of report

    (9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

  • Marginal note:Tabling of report in certain cases

    (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

Marginal note:Filing of complaint — trade diversion
  • 30.23 (1) Any domestic producer of goods that are like or directly competitive with goods that are subject to any action, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.

  • Marginal note:Contents of complaint

    (2) A complaint shall

    • (a) state in reasonable detail the facts on which the allegations are based;

    • (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;

    • (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

    • (d) be accompanied by any other information that may be required by the rules; and

    • (e) make any other representations that the complainant deems relevant to the matter.

  • Marginal note:Commencement of inquiry

    (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied

    • (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and

    • (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

  • Marginal note:Notice of decision to commence inquiry

    (4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately

    • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

    • (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

    • (c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.

  • Marginal note:Notice of decision not to commence inquiry

    (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately

    • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and

    • (b) cause a notice of its decision to be published in the Canada Gazette.

  • Marginal note:Determination by Tribunal

    (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.

  • Marginal note:Other matters

    (7) The Tribunal shall, in an inquiry, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

  • Marginal note:Report on inquiry

    (8) The Tribunal shall prepare a report on the inquiry not later than seventy days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

  • Marginal note:Notice of report

    (9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

  • Marginal note:Tabling of report in certain cases

    (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

Marginal note:Further inquiry
  • 30.24 (1) The Governor in Council may, at any time after the receipt of a report prepared by the Tribunal pursuant to subsection 30.22(8) or 30.23(8), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.

  • Marginal note:Terms of reference

    (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.

  • Marginal note:Copies of report

    (3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 30.22(8) or 30.23(8), as the case may be.

  • Marginal note:Notice of report

    (4) The Tribunal shall cause a notice of the submission of a report to the Governor in Council pursuant to subsection (1) to be given to each other interested party and to be published in the Canada Gazette.

  • Marginal note:Tabling of report

    (5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Marginal note:Notice of expiring orders
  • 30.25 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 77.1(2) or 77.3(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5.4(2) or (4) of the Export and Import Permits Act, but no notice shall be published if the order ceases to have effect or is repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs Tariff or is repealed under subsection 5.4(5) of the Export and Import Permits Act before the end of the effective period specified in that order.

  • Marginal note:Manner and contents of publication

    (2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

  • Marginal note:Filing of request relating to extension orders

    (3) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection (1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 77.3(1) of the Customs Tariff or subsection 5.4(4) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

  • Marginal note:Time limit for filing extension request

    (4) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection (2).

  • Marginal note:Receipt to be acknowledged

    (5) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

  • Marginal note:Contents of extension request

    (6) An extension request shall

    • (a) state in reasonable detail the facts on which the allegations are based;

    • (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the extension request is filed;

    • (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

    • (d) be accompanied by any other information that may be required by the rules; and

    • (e) make any other representations that the requester deems relevant to the matter.

  • Marginal note:Inquiries into extension requests

    (7) On receipt of an extension request that meets the requirements of subsection (6), the Tribunal shall commence an inquiry into the request within thirty days after the request is filed if the Tribunal is satisfied

    • (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods; and

    • (b) that the extension request is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods.

  • Marginal note:Notice of decision to commence inquiry

    (8) Where the Tribunal decides to commence an inquiry into the extension request, it shall immediately

    • (a) notify the requester and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

    • (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

    • (c) send to the Minister a copy of its decision, a copy of the extension request, and the information accompanying the extension request, and a copy of any other relevant information examined by the Tribunal in relation to the extension request.

  • Marginal note:Notice of decision not to commence inquiry

    (9) Where the Tribunal decides not to commence an inquiry into the extension request, it shall immediately

    • (a) notify the requester and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and

    • (b) cause a notice of its decision to be published in the Canada Gazette.

  • Marginal note:Continuing necessity of order

    (10) The Tribunal shall, in the inquiry into the extension request, determine whether an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

  • Marginal note:Other matters

    (11) The Tribunal shall, in the inquiry into the extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

  • Marginal note:Report on extension inquiry

    (12) The Tribunal shall prepare a report on the inquiry not later than forty-five days before the expiry date of the order to which the inquiry under subsection (7) relates and shall submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

  • Marginal note:Notice of report

    (13) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

  • Marginal note:Tabling of report in certain cases

    (14) Where, pursuant to subsection (11), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

Marginal note:Expiry date

30.26 Sections 30.2 to 30.25 cease to have effect on December 11, 2013.

 
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