Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)
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Assented to 2020-03-13
PART 2Related Amendments (continued)
R.S., c. S-15Special Import Measures Act (continued)
Amendments to the Act (continued)
Marginal note:1993, c. 44, s. 218
85 (1) Subsection 77.013(1) of the Act is replaced by the following:
Marginal note:Appointment of panel
77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.
Marginal note:2017, c. 20, s. 94
(2) Subsection 77.013(3) of the Act is replaced by the following:
Marginal note:Single panel
(3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.
Marginal note:1993, c. 44, s. 218
86 (1) Subsection 77.015(1) of the Act is replaced by the following:
Marginal note:Conduct of review
77.015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules.
Marginal note:1993, c. 44, s. 218
(2) Subsection 77.015(5) of the Act is replaced by the following:
Marginal note:Decision
(5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.
Marginal note:1993, c. 44, s. 218
87 Sections 77.017 and 77.018 of the Act are replaced by the following:
Marginal note:Request for extraordinary challenge proceeding
77.017 (1) Within the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.
Marginal note:Ground for request
(2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.12 of the Canada–United States–Mexico Agreement.
Marginal note:Notification of request for extraordinary challenge proceeding
(3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.
Marginal note:Appointment of extraordinary challenge committee
77.018 On a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.
Marginal note:1993, c. 44, s. 218
88 (1) Subsection 77.019(1) of the Act is replaced by the following:
Marginal note:Conduct of extraordinary challenge proceeding
77.019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules.
Marginal note:1993, c. 44, s. 218
(2) Subsection 77.019(6) of the Act is replaced by the following:
Marginal note:Decision
(6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.
Marginal note:1993, c. 44, s. 218
89 Subsection 77.021(1) of the Act is replaced by the following:
Marginal note:Code of conduct
77.021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement.
Marginal note:1993, c. 44, s. 218
90 Section 77.022 of the Act is replaced by the following:
Marginal note:Remuneration and expenses of panel members
77.022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.1 of the Canada–United States–Mexico Agreement.
Marginal note:1993, c. 44, s. 218
91 Section 77.023 of the Act is replaced by the following:
Marginal note:Request for review
77.023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement.
Marginal note:Appointment of special committee
(2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.
Marginal note:1993, c. 44, s. 218
92 Subsection 77.024(1) of the Act is replaced by the following:
Marginal note:Stay of panel reviews and committee proceedings
77.024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement:
Marginal note:1993, c. 44, s. 218
93 Section 77.025 of the Act is replaced by the following:
Marginal note:Stay on request
77.025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings:
- Date modified: