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

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Canadian International Trade Tribunal (continued)

Head Office, Sittings and Quorum

Marginal note:Head office

 The head office of the Tribunal shall be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:Sittings

 The Tribunal may sit at such times and places as it considers necessary or desirable for the proper conduct of its business.

Marginal note:Quorum, etc.

 Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members constitute a quorum of the Tribunal and any three or more members have and may exercise all of the Tribunal’s powers and have and may perform all of the Tribunal’s duties and functions.

  • R.S., 1985, c. 47 (4th Supp.), s. 13
  • 1993, c. 44, s. 34
  • 1994, c. 47, s. 28

 [Repealed, 2014, c. 20, s. 453]

 [Repealed, 2014, c. 20, s. 453]

Powers, Duties and Functions

Marginal note:Duties and functions

 The duties and functions of the Tribunal are to

  • (a) conduct inquiries and report on matters referred to the Tribunal for inquiry by the Governor in Council or the Minister under this Act;

  • (a.1) conduct mid-term reviews under section 19.02 and report on the reviews;

  • (b) consider complaints and extension requests filed with the Tribunal by domestic producers of like or directly competitive goods under this Act and, where appropriate, conduct inquiries into the complaints and extension requests and report on them;

  • (b.1) receive complaints, conduct inquiries and make determinations under sections 30.1 to 30.19;

  • (c) hear, determine and deal with all appeals that, pursuant to any other Act of Parliament or regulations thereunder, may be made to the Tribunal, and all matters related thereto; and

  • (d) exercise and perform such other duties or functions that, pursuant to any other Act of Parliament or regulations thereunder, shall or may be exercised or performed by the Tribunal.

  • R.S., 1985, c. 47 (4th Supp.), s. 16
  • 1993, c. 44, s. 35
  • 1994, c. 47, s. 29

Marginal note:Court of record

  •  (1) The Tribunal is a court of record and shall have an official seal, which shall be judicially noticed.

  • Marginal note:Powers

    (2) The Tribunal has, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

Inquiries and Reviews

References and Mid-Term Reviews

Marginal note:Inquiry into economic, trade or commercial matters

 The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada with respect to any goods or services or any class thereof that the Governor in Council refers to the Tribunal for inquiry.

Marginal note:Inquiry into tariff-related matters

 The Tribunal shall inquire into and report to the Minister on any tariff-related matter, including any matter concerning the international rights or obligations of Canada in connection therewith, that the Minister refers to the Tribunal for inquiry.

Definition of principal cause

  •  (1) In this section and sections 20 and 20.01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

  • Marginal note:Inquiry into United States tariff matters

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • Marginal note:Inquiry into Mexico and Mexico–United States tariff matters

    (3) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the Mexico Tariff, or the Mexico–United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • 1993, c. 44, s. 36
  • 1994, c. 47, ss. 31, 46(F)
  • 1997, c. 36, s. 193

Definition of principal cause

  •  (1) In this section, principal cause means, in respect of a serious injury, an important cause that is no less important than any other cause of the serious injury.

  • Marginal note:Emergency measures — Israel or another CIFTA beneficiary

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, where the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • Marginal note:Terms of reference

    (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:Tabling of report

    (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

  • Marginal note:Notice of report

    (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

  • 1996, c. 33, s. 17

Definition of principal cause

  •  (1) In this section, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

  • Marginal note:Emergency measures — Chile

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Chile Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • Marginal note:Terms of reference

    (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:Tabling of report

    (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

  • Marginal note:Notice of report

    (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

  • 1997, c. 14, s. 20

Definition of principal cause

  •  (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

  • Marginal note:Emergency measures — Colombia

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

  • Marginal note:Terms of reference

    (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:Tabling of report

    (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

  • Marginal note:Notice of report

    (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

  • 2010, c. 4, s. 17
 
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