Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

• 90 (1) The portion of subsection 76.01(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Interim review of orders by Tribunal

  • 76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of

• (2) Section 76.01 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Exclusion

    (1.1) The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.1(1) or 75.4(6) to the President who shall make a decision relating to that portion of the request under section 75.4.

• 91 (1) The portion of subsection 76.03(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Order or finding deemed to be rescinded

  • 76.03 (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years:

• (2) The portion of subsection 76.03(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Review of orders by Tribunal

    (3) The Tribunal may initiate an expiry review of an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6

• (3) Section 76.03 of the Act is amended by adding the following after subsection (12):

  • Marginal note:Review period

    (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered:

    • (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which notice is published under subsection (2) and before the day on which the order of the Tribunal is made under subsection (12); and

    • (b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) or 75.6(5) in respect of the order or finding under review.

  • Marginal note:Expiry of anti-circumvention order

    (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires

    • (a) if an expiry review is not initiated under subsection (3), five years after the day on which the order or finding that was the subject of the anti-circumvention investigation or interim review was made; and

    • (b) if an expiry review of the order or finding that was the subject of the anti-circumvention investigation or interim review is initiated under subsection (3), the day on which the Tribunal makes an order under subsection (12).

92 Paragraphs 76.1(5)(a) and (b) of the Act are replaced by the following:

93 Paragraphs (a) and (b) of the definition definitive decision in subsection 77.01(1) of the Act are replaced by the following:

94 Subsection 77.013(3) of the Act is replaced by the following:

95 Paragraphs (a) and (b) of the definition definitive decision in subsection 77.1(1) of the Act are replaced by the following:

96 Subsection 77.13(2) of the Act is replaced by the following:

• 97 (1) Paragraphs 96.1(1)(a) and (b) of the Act are replaced by the following:

  • (a) a decision of the President under paragraph 41(1)(a);

  • (b) a final determination of the President under paragraph 41(1)(b);

• (2) Subsection 96.1(1) of the Act is amended by adding the following after paragraph (c.1):

  • (c.2) a decision of the President under subsection 75.1(1);

  • (c.3) a decision of the President under subsection 75.4(6);

  • (c.4) a determination of the President under subsection 75.6(5);

• 98 (1) Paragraph 97(1)(a.1) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

  • (iii) whether there has been a change in the pattern of trade,

  • (iv) whether the process of assembly or completion is insignificant,

  • (v) the principal cause of a change in a pattern of trade, and

  • (vi) whether a prescribed activity is undermining the remedial effects of an order of the Governor in Council or an order or finding;

• (2) Paragraph 97(1)(b) of the Act is replaced by the following:

  • (a.2) respecting activities for the purposes of paragraph 71(b);

  • (b) specifying the circumstances and manner in which two or more properly documented complaints, investigations or inquiries, including anti-circumvention complaints and investigations and scope ruling applications and scope proceedings, 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) prescribing, for the purpose of subsection 74(2), what constitutes a sufficient amount of time for interested parties to provide written comments;

• (3) Paragraph 97(1)(g) of the Act is replaced by the following:

  • (g) defining the expression person interested for the purpose of subsection 45(6) or section 89 or 95 and the expression interested person for the purpose of subsections 61(1.1), 63(1) or 67(4);

  • (g.01) prescribing what constitutes a complete application for the purposes of subsection 63(7);

Transitional Provisions

Marginal note:Definitions

99 The definitions in this section apply in this section and sections 100 and 101.

commencement day

commencement day means the day on which this section comes into force. (date de référence)

former Act

former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)

new Act

new Act means the Special Import Measures Act as it read on the commencement day. (nouvelle loi)

Marginal note:Disposition of notified complaints

• 100 (1) Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, as defined in subsection 2(1) of the former Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act.

• Marginal note:Goods subject to order made after commencement day

  (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the new 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 respect of those goods other than the following shall be disposed of in accordance with that Act:

  • (a) a judicial review or dispute settlement under Part I.1 or II of the new Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement;

  • (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day;

  • (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 Tribunal made the order or finding; or

  • (d) a proceeding, process or action under section 45 of the new Act in relation to that order or finding.

• Marginal note:Effect of order or finding

  (3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that 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 that Act.

• Marginal note:New Act does not justify review

  (4) For the purpose of subsection 76.01(3) of the new Act, the fact that this Act comes into force is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim review of an order or finding is warranted.

• Marginal note:Determination — undertaking

  (5) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy 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 — deeming

  (6) A determination of a normal value, export price, amount of subsidy or margin of dumping made in relation to goods under the former Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Act.

• Marginal note:Re-determination of normal value, etc.

  (7) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (6) shall be made in accordance with the new Act.

Marginal note:Application

101 The provisions of the new Act, as enacted or amended by sections 68 to 98, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

Coming into Force

Marginal note:Order in council

102 Sections 68, 69, 74, 75 and 84 to 91, subsection 97(2) and sections 98 to 101 come into force on the day fixed by order of the Governor in Council.

DIVISION 2Public Debt

Enactment of Borrowing Authority Act

Marginal note:Enactment

103 The Borrowing Authority Act, whose text is as follows and whose schedule is set out in Schedule 1 to this Act, is enacted: