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

Marginal note:Decision to conduct inquiry

• 30.13 (1) Subject to the regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2), it shall decide whether to conduct an inquiry into the complaint, which inquiry may include a hearing.

• Marginal note:Notice of inquiry

  (2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party and give them an opportunity to make representations to the Tribunal with respect to the complaint.

• Marginal note:Postponement of award of contract

  (3) Where the Tribunal decides to conduct an inquiry into a complaint that concerns a designated contract proposed to be awarded by a government institution, the Tribunal may order the government institution to postpone the awarding of the contract until the Tribunal determines the validity of the complaint.

• Marginal note:Idem

  (4) The Tribunal shall rescind an order made under subsection (3) if, within the prescribed period after the order is made, the government institution certifies in writing that the procurement of the goods or services to which the designated contract relates is urgent or that a delay in awarding the contract would be contrary to the public interest.

• Marginal note:Decision not to conduct or to cease inquiry

  (5) The Tribunal may decide not to conduct an inquiry into a complaint or decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal so decides, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party of that decision and the reasons therefor.

Marginal note:Matters inquired into

• 30.14 (1) In conducting an inquiry, the Tribunal shall limit its considerations to the subject-matter of the complaint.

• Marginal note:Matter to be decided

  (2) At the conclusion of an inquiry, the Tribunal shall determine whether the complaint is valid on the basis of whether the procedures and other requirements prescribed in respect of the designated contract, or the class of contracts to which it belongs, have been or are being observed.

Marginal note:Findings and recommendations

• 30.15 (1) Where the Tribunal decides to conduct an inquiry, it shall, within the prescribed period after the complaint is filed, provide the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party with the Tribunal’s findings and recommendations, if any.

• Marginal note:Remedies

  (2) Subject to the regulations, where the Tribunal determines that a complaint is valid, it may recommend such remedy as it considers appropriate, including any one or more of the following remedies:

  • (a) that a new solicitation for the designated contract be issued;

  • (b) that the bids be re-evaluated;

  • (c) that the designated contract be terminated;

  • (d) that the designated contract be awarded to the complainant; or

  • (e) that the complainant be compensated by an amount specified by the Tribunal.

• Marginal note:Criteria to be applied

  (3) The Tribunal shall, in recommending an appropriate remedy under subsection (2), consider all the circumstances relevant to the procurement of the goods or services to which the designated contract relates, including

  • (a) the seriousness of any deficiency in the procurement process found by the Tribunal;

  • (b) the degree to which the complainant and all other interested parties were prejudiced;

  • (c) the degree to which the integrity and efficiency of the competitive procurement system was prejudiced;

  • (d) whether the parties acted in good faith; and

  • (e) the extent to which the contract was performed.

• Marginal note:Cost of preparing response

  (4) Subject to the regulations, the Tribunal may award to the complainant the reasonable costs incurred by the complainant in preparing a response to the solicitation for the designated contract.

Marginal note:Costs

• 30.16 (1) Subject to the regulations, the Tribunal may award costs of, and incidental to, any proceedings before it in relation to a complaint on a final or interim basis and the costs may be fixed at a sum certain or may be taxed.

• Marginal note:Payment

  (2) Subject to the regulations, the Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

Marginal note:Intervenors

30.17 An interested party may, with leave of the Tribunal, intervene in any proceedings before the Tribunal in relation to a complaint.

Marginal note:Implementation of recommendations

• 30.18 (1) Where the Tribunal makes recommendations to a government institution under section 30.15, the government institution shall, subject to the regulations, implement the recommendations to the greatest extent possible.

• Marginal note:Notice of intention

  (2) Within the prescribed period, the government institution shall advise the Tribunal in writing of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so.

• Marginal note:Notice of progress

  (3) Where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, it shall further advise the Tribunal in writing, within the prescribed period, of the extent to which it has then implemented the recommendations.

Marginal note:Comments and observations

• 30.19 (1) The Tribunal may provide the deputy head of a government institution with its comments and observations on any matter that the Tribunal considers should be brought to the attention of the deputy head in connection with the procurement process.

• Definition of deputy head

  (2) In subsection (1), deputy head means

  • (a) where the government institution is a department or ministry of state, the person having by law the status of deputy head; and

  • (b) where the government institution is any other body or an office, the chief executive officer of that body or the person holding that office.

Safeguard Measures in Respect of China

Marginal note:Definitions

30.2 The following definitions apply in this section and in sections 30.21 to 30.25.

action

action means

• (a) any action, including a provisional action, taken

  • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

  • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

• (b) any combination of actions referred to in paragraph (a). (mesure)

market disruption

market disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. (désorganisation du marché)

significant cause

significant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. (cause importante)

WTO Member

WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)

Marginal note:Inquiry into market disruption and trade diversion

• 30.21 (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to

  • (a) the importation of goods originating in the People’s Republic of China into Canada in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or

  • (b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada

  that the Governor in Council refers to the Tribunal for inquiry.

• Marginal note:Terms of reference

  (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.

• Marginal note:Tabling of report

  (3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section 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 submitted.

• Marginal note:Notice of report

  (4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette.

Marginal note:Filing of complaint — market disruption

• 30.22 (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People’s Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Contents of complaint

  (2) A complaint shall

  • (a) state in reasonable detail the facts on which the allegations are based;

  • (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;

  • (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

  • (d) be accompanied by any other information that may be required by the rules; and

  • (e) make any other representations that the complainant deems relevant to the matter.

• Marginal note:Commencement of inquiry

  (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied

  • (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods;

  • (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods; and

  • (c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

• Marginal note:Notice of decision to commence inquiry

  (4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately

  • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;

  • (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

  • (c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.

• Marginal note:Notice of decision not to commence inquiry

  (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately

  • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and

  • (b) cause a notice of its decision to be published in the Canada Gazette.

• Marginal note:Determination by Tribunal

  (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Other matters

  (7) The Tribunal shall, in the inquiry into the complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

• Marginal note:Report on inquiry

  (8) The Tribunal shall prepare a report on the inquiry not later than ninety days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

• Marginal note:Tabling of report in certain cases

  (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry 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 submitted to the Governor in Council.