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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)

Anti-circumvention Investigations (continued)

Review of Orders and Findings (continued)

Review on Referral Back

Marginal note:Review of orders by Tribunal on referral back and re-hearing

  •  (1) If the Tribunal receives notice of action taken under paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or finding of the Tribunal, other than an order or finding described in any of sections 3 to 6, applies, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

  • Marginal note:Limitation

    (2) The Tribunal shall not conduct a review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.

  • Marginal note:Review of orders by Tribunal on referral back and re-hearing

    (3) If an order or finding of the Tribunal is referred back to the Tribunal under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

  • Marginal note:Completion of review

    (4) On completion of a review, the Tribunal shall confirm the order or finding or rescind it and make any other order or finding with respect to the goods to which the order or finding under review applies as the nature of the matter may require, shall give reasons for the decision and, if it makes another order or finding, shall declare to what goods, including, if applicable, from what supplier and from what country of export, the order or finding applies.

  • Marginal note:Notice

    (5) On completion of a review, the Tribunal shall

    • (a) forward to the President and the other persons and governments that are specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary,

      • (i) without delay after the review is completed, a copy of the order or finding made under subsection (4), and

      • (ii) not later than fifteen days after the completion of the review, a copy of the reasons for the decision; and

    • (b) cause notice of the order or finding to be published in the Canada Gazette.

  • 1999, c. 12, s. 36, c. 17, s. 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, s. 438
Expiry Review

Marginal note:Order or finding deemed to be rescinded

  •  (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years:

    • (a) if no order continuing the order or finding has been made under paragraph (12)(b), the day on which the order or finding was made; and

    • (b) if one or more orders continuing the order or finding have been made under paragraph (12)(b), the day on which the last order was made.

  • Marginal note:Publication of notice

    (2) If an order or finding is to be deemed rescinded under subsection (1), the Tribunal shall, not later than two months before the expiry date of the order or finding under that subsection, cause to be published in the Canada Gazette a notice of expiry setting out the information specified in the rules of the Tribunal.

  • Marginal note:Review of orders by Tribunal

    (3) The Tribunal may initiate an expiry review of an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6

    • (a) on its own initiative; or

    • (b) at the request of the Minister of Finance, the President or any other person or of any government, if the request is made within the period specified in the notice of expiry.

  • Marginal note:Limitation

    (4) The Tribunal shall not initiate an expiry review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.

  • Marginal note:Order of refusal

    (5) If the Tribunal decides not to initiate an expiry review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.

  • Marginal note:Notice

    (6) If the Tribunal decides to initiate an expiry review, it shall without delay

    • (a) cause notice of the Tribunal’s decision to be given to

      • (i) the President, and

      • (ii) all other persons and governments specified in the rules of the Tribunal;

    • (b) provide the President with a copy of the administrative record on which it based its decision to initiate a review under subsection (3); and

    • (c) cause to be published in the Canada Gazette notice of initiation of the review that includes the information set out in the rules of the Tribunal.

  • Marginal note:If review initiated

    (7) If the Tribunal decides to initiate an expiry review, the President shall

    • (a) within 150 days after the day on which the notice is received under subparagraph (6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and

    • (b) provide the Tribunal with notice of the determination without delay after making it.

  • Marginal note:Consequences of President’s determination

    (8) If the President determines that the expiry of the order or finding in respect of any goods is unlikely to result in a continuation or resumption of dumping or subsidizing, the Tribunal shall not take those goods into account in assessing the cumulative effect of dumping or subsidizing under subsection (11).

  • Marginal note:Consequences of President’s determination

    (9) If the President determines that the expiry of the order or finding in respect of any goods is likely to result in a continuation or resumption of dumping or subsidizing, the President shall without delay provide the Tribunal with any information and material with respect to the matter that is required under the rules of the Tribunal.

  • Marginal note:Tribunal’s determination

    (10) If the President makes a determination described in subsection (9), the Tribunal shall, within 160 days after the day on which that determination was received, determine whether the expiry of the order or finding in respect of the goods referred to in that subsection is likely to result in injury or retardation.

  • Marginal note:Assessment of cumulative effect

    (11) For the purpose of subsection (10), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the determination of the President described in subsection (9) applies that are imported into Canada from more than one country if the Tribunal is satisfied that an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the order or finding applies that are imported into Canada from any of those countries and

    • (a) goods to which the order or finding applies that are imported into Canada from any other of those countries; or

    • (b) like goods of domestic producers.

  • Marginal note:Order of Tribunal

    (12) The Tribunal shall make an order

    • (a) rescinding the order or finding in respect of goods

      • (i) referred to in subsection (8), or

      • (ii) in respect of which it determines that the expiry of the order or finding is unlikely to result in injury or retardation; or

    • (b) continuing the order or finding, with or without amendment, in respect of goods which it determines that the expiry of the order or finding is likely to result in injury or retardation.

  • Marginal note:Review period

    (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered:

    • (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which notice is published under subsection (2) and before the day on which the order of the Tribunal is made under subsection (12); and

    • (b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) or 75.6(5) in respect of the order or finding under review.

  • Marginal note:Expiry of anti-circumvention order

    (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires

    • (a) if an expiry review is not initiated under subsection (3), five years after the day on which the order or finding that was the subject of the anti-circumvention investigation or interim review was made; and

    • (b) if an expiry review of the order or finding that was the subject of the anti-circumvention investigation or interim review is initiated under subsection (3), the day on which the Tribunal makes an order under subsection (12).

  • 1999, c. 12, s. 36, c. 17, s. 184
  • 2005, c. 38, s. 134
  • 2014, c. 20, ss. 439, 443
  • 2016, c. 7, s. 199
  • 2017, c. 20, s. 91
 
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