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

Marginal note:Inquiries under Special Import Measures Act

• 58 (1) Subject to section 59 and notwithstanding the Special Import Measures Act, the members of the Canadian Import Tribunal have jurisdiction

  • (a) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the Canadian Import Tribunal has made an order or finding described in any of sections 3 to 6 of that Act before the commencement day and with respect to which the Canadian Import Tribunal has not previously made a report pursuant to paragraph 45(1)(a) of that Act;

  • (b) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the members, pursuant to their jurisdiction under section 57, have made an order or finding described in any of sections 3 to 6 of that Act on or after the commencement day;

  • (c) to make an inquiry referred to in section 42 of that Act in relation to goods with respect to which any question has been referred to the Canadian Import Tribunal under section 33, 34 or 35 of that Act before the commencement day and with respect to which the Deputy Minister of National Revenue has, pursuant to subsection 38(3) of that Act, caused notice of a preliminary determination of dumping or subsidizing to be filed with the Secretary of the Canadian Import Tribunal before the commencement day or with the Secretary of the Canadian International Trade Tribunal on or after the commencement day;

  • (d) to make an order or finding referred to in section 43 of that Act in relation to goods with respect to which an inquiry is made pursuant to paragraph (c); and

  • (e) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry made by the members pursuant to paragraph (c), the members, pursuant to their jurisdiction under paragraph (d), have made an order or finding described in any of sections 3 to 6 of that Act.

• Marginal note:Powers

  (2) For the purpose of making a report, inquiry, order or finding referred to in subsection (1), the members of the Canadian Import Tribunal have and may exercise such of the powers and perform such of the duties and functions as are vested in the Canadian International Trade Tribunal.

• Marginal note:Deemed to be made by Tribunal

  (3) A report, inquiry, order or finding made by the members of the Canadian Import Tribunal pursuant to their jurisdiction under subsection (1) shall, for the purposes of the Special Import Measures Act, be deemed to have been made by the Canadian International Trade Tribunal.

Marginal note:Limitation period

• 59 (1) Where any matter referred to in subsection 54(2), 55(2) or 57(2) is not disposed of by the members of the former authority within whose jurisdiction the matter lies within one year after the commencement day or where, on the expiration of one year after the commencement day, any proceedings in a matter commenced by the members of the Canadian Import Tribunal pursuant to their jurisdiction under section 58 are pending before those members, the proceedings with respect to the matter shall be taken up and continued by the Tribunal on such terms and conditions as the Chairperson may specify for the protection and preservation of the rights and interests of the parties or, where the Chairperson determines that any such proceedings should not be so taken up and continued, those proceedings shall be terminated.

• Marginal note:Supervision by Chairperson

  (2) The Chairperson has supervision over and direction of the work of the members of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1).

• Marginal note:Remuneration

  (3) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1), other than a person appointed to the Tribunal, shall be paid such remuneration for services under this Act as is fixed by the Governor in Council.

• Marginal note:Expenses

  (4) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1) is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in the course of performing duties under this Act.

Marginal note:Other proceedings

60 All matters pending before the Tariff Board or the Canadian Import Tribunal on the day immediately preceding the commencement day and for which the members thereof do not have jurisdiction under subsection 54(2), 55(2) or 57(2) shall be taken up and continued by the Tribunal under and in conformity with this Act.

Marginal note:Continuation of certain rules

61 All rules made by the Canadian Import Tribunal under section 70 of the Special Import Measures Act, as it read on the day immediately preceding the commencement day, shall be deemed to have been made under section 39 of this Act and shall, to the extent that they are not inconsistent with this Act, continue in force until they are revoked or amended under section 39.

Marginal note:Continuation of previous orders, etc.

62 Every decision, order, finding, declaration, ruling or other instrument issued, rendered or made under any Act of Parliament by a former authority and that is in force on the day immediately preceding the commencement day shall, to the extent that it is not inconsistent with this or any other Act of Parliament, continue in force and have the same force and effect as if it were issued, rendered or made by the Tribunal.

Coming into Force

Marginal note:Coming into force

• Footnote ^*63 (1) Sections 1 to 15 and 38 to 40, or any of those sections, shall come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Idem

  (2) Sections 16 to 37 and 41 to 62 shall come into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 1 to 15 and 38 to 40 in force September 15, 1988, see SI/88-139; sections 16 to 37 and 41 to 62 in force December 31, 1988, see SI/89-3.]