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Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Act current to 2019-11-19 and last amended on 2019-06-21. Previous Versions

Application

Marginal note:Suspension of certain provisions

 The operation of the provisions referred to in column II of this section is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:

Column IColumn II
Provisions in forceProvisions suspended
section 19.01section 19.1
section 20.01section 20.1
section 20.2section 21
section 21.1section 22
subsections 23(1.01) to (1.03)subsection 23(1.1)
subparagraphs 26(1)(a)(i.1) to (i.3)subparagraph 26(1)(a)(ii)
paragraphs 27(1)(a.1) to (a.3)paragraph 27(1)(b)
  • 1993, c. 44, s. 33

Canadian International Trade Tribunal

Establishment of Tribunal

Marginal note:Tribunal established

  •  (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting of up to seven permanent members, including a Chairperson and a Vice-chairperson, to be appointed by the Governor in Council.

  • Marginal note:Temporary members

    (2) In addition to the members who may be appointed under subsection (1), the Governor in Council may, whenever in the opinion of the Governor in Council the workload of the Tribunal so requires, appoint temporary members of the Tribunal on such terms and conditions as the Governor in Council may specify, but the number of temporary members holding office shall not at any time exceed five.

  • Marginal note:Term

    (3) Each permanent member shall be appointed to hold office for a term not exceeding five years and each temporary member shall be appointed to hold office for a term not exceeding three years.

  • Marginal note:Tenure

    (4) Each permanent member and temporary member holds office during good behaviour and may be removed by the Governor in Council at any time for cause.

  • Marginal note:Re-appointment of permanent members

    (5) A permanent member or former permanent member is eligible to be re-appointed as a permanent member for one further term in the same capacity as in the previous term or in another capacity, but may hold office as a permanent member for no more than ten years.

  • Marginal note:Clarification

    (5.1) For greater certainty, a change during a permanent member’s term of office in the capacity to which the member is appointed — whether as Chairperson, Vice-chairperson or one of the other permanent members — is not a re-appointment to a further term of office for the purposes of subsection (5).

  • Marginal note:Re-appointment of temporary members

    (6) A temporary member is eligible to be re-appointed on the expiration of a first or subsequent term of office.

  • R.S., 1985, c. 47 (4th Supp.), s. 3
  • 1999, c. 12, s. 54(E)
  • 2010, c. 12, s. 1695
  • 2012, c. 19, s. 487
  • 2018, c. 12, s. 245

Marginal note:Full-time occupation

 Each permanent member shall devote the whole of the member’s time to the performance of the member’s duties under this Act.

Marginal note:Holding other office, etc., prohibited

 A member shall not, during the term of office of the member, accept or hold any office or employment inconsistent with the member’s duties under this Act.

Marginal note:Remuneration

  •  (1) Each member shall be paid such remuneration as is fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) Each permanent member is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of work in the course of performing duties under this Act.

  • Marginal note:Idem

    (3) Each temporary member and substitute member is entitled to be paid reasonable travel and living expenses incurred by the member in the course of performing duties under this Act.

Marginal note:Duties of Chairperson

 The Chairperson has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,

  • (a) the allocation of work among the members and the assignment of members to sit at, and to preside at, hearings of the Tribunal; and

  • (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.

  • R.S., 1985, c. 47 (4th Supp.), s. 7
  • 1999, c. 12, s. 61(E)
  • 2014, c. 20, s. 452

Marginal note:Absence, etc. — Chairperson

  •  (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson shall act as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Absence, etc. — Chairperson and Vice-chairperson

    (1.1) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson or to the office of Vice-chairperson being vacant, the Minister may authorize another permanent member to act as Chairperson, and that member may exercise all the powers and perform all the duties and functions of the Chairperson.

  • Marginal note:Absence, etc. — Vice-chairperson

    (1.2) In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another permanent member to act as Vice-chairperson, and that member may exercise all the powers and perform all the duties and functions of the Vice-chairperson.

  • Marginal note:Approval of Governor in Council

    (1.3) No permanent member may be authorized by the Minister to act under subsection (1.1) or (1.2) for a period exceeding 60 days without the approval of the Governor in Council.

  • Marginal note:Absence, etc. — other members

    (2) In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairperson or Vice-chairperson, the Governor in Council may appoint a person, on any terms and conditions that the Governor in Council specifies, to act as a substitute member for the time being.

  • R.S., 1985, c. 47 (4th Supp.), s. 8
  • 1999, c. 12, ss. 55(E), 61(E)
  • 2012, c. 19, s. 488
  • 2018, c. 12, s. 246

Marginal note:Acting after termination of appointment

  •  (1) Subject to subsection (2), a person who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any duties or responsibilities that the person would otherwise have had if the person had not ceased to be a member and that are in connection with any matter in which that person became engaged while holding office as a member, and a person so authorized is, for that purpose, deemed to be a member of the Tribunal.

  • Marginal note:Limitation period

    (2) No person who has ceased to be a member may, after the expiration of one hundred and twenty days after ceasing to be a member, take part in the disposition of any matter pursuant to the authority granted by the Chairperson under subsection (1).

  • Marginal note:Where member is unable to act

    (3) Where a person to whom subsection (1) applies or any member has taken part in any matter and has died or for any reason is unable or unwilling to take part in the disposition of the matter, the remaining members, if any, who took part in the matter may, with the authorization of the Chairperson, make the disposition notwithstanding that the quorum of members required to dispose of the matter was lost as a result, and the remaining members where so authorized shall, for that purpose, be deemed to constitute a quorum.

  • R.S., 1985, c. 47 (4th Supp.), s. 9
  • 1999, c. 12, ss. 56, 61(E)

Marginal note:Application of Public Service Superannuation Act to permanent members

  •  (1) A permanent member shall be deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Application of Public Service Superannuation Act to temporary members

    (2) A temporary member or substitute member shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

  • Marginal note:Order deemed not to be regulation

    (3) For greater certainty, an order made pursuant to subsection (2) shall be deemed not to be a regulation within the meaning and for the purposes of the Statutory Instruments Act.

  • R.S., 1985, c. 47 (4th Supp.), s. 10
  • 2003, c. 22, s. 225(E)
 
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