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Special Import Measures Act (R.S.C., 1985, c. S-15)

Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART ISpecial Import Measures (continued)

Re-determinations and Appeals (continued)

Re-determination by Designated Officer or President (continued)

Marginal note:Notice to be given

  •  (1) If a determination or a re-determination has been made under section 55, subsection 56(1) or section 57 or 59, notice of the determination or re-determination shall be given without delay to the importer in Canada.

  • Marginal note:Notice — section 59 re-determination

    (2) The President shall publish a notice of any re-determination made under paragraph 59(1)(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner.

  • 2001, c. 25, s. 97
  • 2017, c. 20, s. 86

Appeal to Canadian International Trade Tribunal

Marginal note:Appeal to Tribunal

  •  (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made.

  • Marginal note:Appeal — scope ruling

    (1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67(2) or, subject to section 77.012 or 77.12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made.

  • Marginal note:Publication of notice of appeal

    (2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal.

  • Marginal note:Order or finding of the Tribunal

    (3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62.

  • R.S., 1985, c. S-15, s. 61
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 1993, c. 44, s. 216
  • 1999, c. 12, s. 35, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2014, c. 20, ss. 436, 443
  • 2017, c. 20, s. 87

Appeal to Federal Court

Marginal note:Appeal to Federal Court on question of law

  •  (1) Any of the parties to an appeal under section 61, namely,

    • (a) the person who appealed,

    • (b) the President, or

    • (c) any person who entered an appearance in accordance with subsection 61(2),

    may, within ninety days after the making of an order or finding under subsection 61(3), appeal therefrom to the Federal Court of Appeal on any question of law.

  • Marginal note:Disposition of appeal

    (2) The Federal Court of Appeal may dispose of an appeal by making such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may

    • (a) declare what duty is payable or that no duty is payable on the goods with respect to which the appeal to the Tribunal was taken; or

    • (b) refer the matter back to the Tribunal for re-hearing.

  • R.S., 1985, c. S-15, s. 62
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 1990, c. 8, s. 72
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134
  • 2017, c. 20, s. 88

 [Repealed, 2001, c. 25, s. 98]

Scope Ruling

Marginal note:Application

  •  (1) Any interested person may submit an application to the President for a scope ruling with respect to any goods.

  • Marginal note:Application review period

    (2) The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated.

  • Marginal note:Extension of review period

    (3) The President may extend the period set out in subsection (2) to 45 days.

  • Marginal note:Prescribed criteria

    (4) The President shall reject the application if any criteria prescribing the rejection of an application apply.

  • Marginal note:Prescribed circumstances

    (5) The President may reject an application in the prescribed circumstances.

  • Marginal note:Notice

    (6) The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection.

  • Marginal note:Incomplete application

    (7) If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application.

  • Marginal note:Initiation of scope proceeding

    (8) If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application.

  • R.S., 1985, c. S-15, s. 63
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:President’s initiative

 The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative.

  • R.S., 1985, c. S-15, s. 64
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Notice of scope proceeding

 If a scope proceeding is initiated under subsection 63(8) or section 64, the President shall provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers.

  • R.S., 1985, c. S-15, s. 65
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Scope ruling

  •  (1) Subject to subsections (2) and (3), on or before the one hundred twentieth day after the initiation of a scope proceeding under subsection 63(8) or section 64, the President shall make a scope ruling and provide reasons for it.

  • Marginal note:Extension

    (2) The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days.

  • Marginal note:Termination

    (3) At any time before the President makes a scope ruling under subsection (1), the President may cause the scope proceeding to be terminated in the prescribed circumstances.

  • Marginal note:Scope ruling — effective date

    (4) A scope ruling made under subsection (1) takes effect on the day on which it is made, unless the President indicates otherwise, and it includes any terms and conditions that the President considers appropriate.

  • Marginal note:Notice

    (5) The President shall give written notice to the government of the country of export and the applicant, if any, of:

    • (a) an extension given under subsection (2);

    • (b) the making of a scope ruling under subsection (1); and

    • (c) the termination of a scope proceeding under subsection (3).

  • Marginal note:Factors for ruling

    (6) In making a scope ruling, the President shall take into account any prescribed factors and any other factor that the President considers relevant.

  • Marginal note:Ruling final

    (7) A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as provided in subsection 61(1.1).

  • R.S., 1985, c. S-15, s. 66
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89

Marginal note:Review of ruling

  •  (1) For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the scope ruling made under subsection 66(1) to which that Tribunal or Court decision relates.

  • Marginal note:Review — prescribed circumstances

    (2) The President may review a scope ruling made under subsection 66(1) under prescribed circumstances.

  • Marginal note:Confirmation, amendment or revocation

    (3) The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2).

  • Marginal note:Written notice

    (4) The President shall give written notice to the government of the country of export, the applicant, if any, and interested persons of a review undertaken under subsection (1) or (2).

  • R.S., 1985, c. S-15, s. 67
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 2017, c. 20, s. 89
 
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