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)
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Assented to 2002-06-13
Marginal note:1997, c. 14, s. 78(1)
15. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Alteration of permits, etc.
(2) If a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8), and
Marginal note:1997, c. 14, s. 78(2)
(2) Paragraph 10(2)(c) of the Act is replaced by the following:
(c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8),
R.S., c. S-15SPECIAL IMPORT MEASURES ACT
Marginal note:1999, c. 12, s. 7, c. 17, par. 183(1)(u)
16. The portion of subsection 20(1) of the Special Import Measures Act before paragraph (c) is replaced by the following:
Marginal note:Normal value where export monopoly
20. (1) Where goods sold to an importer in Canada are shipped directly to Canada
(a) from a prescribed country where, in the opinion of the Commissioner, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or
(b) from any other country where, in the opinion of the Commissioner,
(i) the government of that country has a monopoly or substantial monopoly of its export trade, and
(ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market,
the normal value of the goods is
TRANSITIONAL PROVISIONS
Marginal note:Definitions
17. The following definitions apply in this section and in section 18.
“commencement day”
« date de référence »
“commencement day” means the day on which this section comes into force.
“new Act”
« nouvelle loi »
“new Act” means the Special Import Measures Act as it read on the commencement day.
“new regulations”
« nouveaux règlements »
“new regulations” means the regulations made under the new Act.
“old Act”
« ancienne loi »
“old Act” means the Special Import Measures Act as it read on the day before the commencement day.
“old regulations”
« anciens règlements »
“old regulations” means the regulations made under the old Act.
“order or finding”
« ordonnance ou conclusions »
“order or finding” has the same meaning as in subsection 2(1) of the Special Import Measures Act.
Marginal note:Disposition of notified complaints
18. (1) Subject to this section, if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Act, has been given under paragraph 32(1)(a) of the old Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with the old Act and the old regulations.
Marginal note:Proceedings re goods subject to order after commencement date
(2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the Special Import Measures Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in relation to any of those goods other than the following shall be disposed of in accordance with the new Act and the new regulations:
(a) a judicial review in relation to that order or finding and any proceeding, process or action in relation to the judicial review;
(b) a proceeding, process or action in relation to any of those goods that were released before the commencement day; or
(c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Canadian International Trade Tribunal made the order or finding.
Marginal note:Effect of order or finding
(3) For greater certainty, any order or finding that is in effect on the commencement day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under the new Act.
Marginal note:Determination of normal value, etc., where undertaking
(4) Any determination, on or after the commencement day, of a normal value or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act.
Marginal note:Determination of normal value, etc.
(5) A normal value or margin of dumping determined in relation to goods under the old Act shall, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, be deemed to have been made under the new Act.
Marginal note:Re-determination of normal value, etc.
(6) A re-determination of a normal value or margin of dumping referred to in subsection (5) shall be made in accordance with the new Act.
COORDINATING AMENDMENTS
Marginal note:1997, c. 36
19. On the later of the coming into force of
(a) the definition “customs duties” in section 80 of the Customs Tariff, as enacted by section 8 of this Act, and
(b) the definition “customs duties” in section 80 of the Customs Tariff, as enacted by section 41 of the Canada-Costa Rica Free Trade Agreement Implementation Act,
the definition “customs duties” in section 80 of the Customs Tariff is replaced by the following:
“customs duties”
« droits de douane »
“customs duties”, other than for the purposes of sections 95 and 96, means customs duties imposed under Part 2, other than surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1.
Marginal note:Bill C-47
20. If Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001, has not received royal assent on the later of the coming into force of section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act and section 9 of this Act, then at that time subsection 94(1) of the Customs Tariff is replaced by the following:
Definition of “customs duties”
94. (1) In sections 95 and 96, “customs duties” means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1.
Marginal note:Bill C-47
21. (1) Subsections (2) to (4) apply if Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001 (the “other Act”), receives royal assent.
(2) If, on the later of the coming into force of section 9 of this Act and section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act, section 351 of the other Act is not in force, then at that time
(a) subsection 94(1) of the Customs Tariff is replaced by the following:
Definition of “customs duties”
94. (1) In sections 95 and 96, “customs duties” means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1.
(b) subsection 411(2) of the other Act is repealed.
(3) If, on the later of the coming into force of section 9 of this Act and section 351 of the other Act, section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act is not in force, then at that time
(a) subsection 94(1) of the Customs Tariff is replaced by the following:
Definition of “customs duties”
94. (1) In sections 95 and 96, “customs duties” means customs duties imposed under Part 2, other than
(a) additional customs duties levied under sections 21.1 to 21.3;
(b) surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; or
(c) temporary duties imposed under any of sections 69 to 76.
(b) subsection 411(2) of the other Act is repealed.
(4) On the latest of the coming into force of section 9 of this Act, section 351 of the other Act and section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act, subsection 94(1) of the Customs Tariff is replaced by the following:
Definition of “customs duties”
94. (1) In sections 95 and 96, “customs duties” means customs duties imposed under Part 2, other than
(a) additional customs duties levied under sections 21.1 to 21.3;
(b) surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; or
(c) temporary duties imposed under any of sections 69 to 76.1.
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