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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)

Marginal note:Separate order or finding

  •  (1) If a review under section 76.01, 76.02 or 76.03 involves goods of more than one NAFTA country, or of one or more NAFTA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each NAFTA country.

  • Marginal note:Suspension of subsection (3)

    (2) The operation of subsection (3) is suspended during the period in which subsection (1) is in force.

  • Marginal note:Separate order or finding

    (3) If a review under section 76.01, 76.02 or 76.03 involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of the United States.

  • 1999, c. 12, s. 36

Marginal note:Request by Minister of Finance for review

  •  (1) Where at any time after the issuance, by the Dispute Settlement Body established pursuant to Article 2 of Annex 2 to the WTO Agreement, of a recommendation or ruling, the Minister of Finance considers it necessary to do so, having regard to the recommendation or ruling, the Minister of Finance may request that

    • (a) the President review any decision, determination or re-determination or any portion of a decision, determination or re-determination made under this Act; or

    • (b) the Tribunal review any order or finding described in any of sections 3 to 6, or any portion of such an order or finding and, in making the review, the Tribunal may re-hear any matter before deciding it.

  • Marginal note:Result of review

    (2) On completion of a review under subsection (1), the President or the Tribunal, as the case may be, shall

    • (a) continue the decision, determination, re-determination, order or finding without amendment;

    • (b) continue the decision, determination, re-determination, order or finding with any amendments that the President or the Tribunal, as the case may be, considers necessary; or

    • (c) rescind the decision, determination, re-determination, order or finding and make any other decision, determination, re-determination, order or finding that the President or the Tribunal, as the case may be, considers necessary.

  • Marginal note:Reasons

    (3) If a decision, determination, re-determination, order or finding is continued under paragraph (2)(a) or (b) or made under paragraph (2)(c), the President or the Tribunal, as the case may be, shall give reasons for doing so and shall set out to what goods, including, if practicable, the name of the supplier and the country of export, the decision, determination, re-determination, order or finding applies.

  • Marginal note:Notification of Minister of Finance

    (4) The President or the Tribunal, as the case may be, shall notify the Minister of Finance of any decision, determination, re-determination, order or finding continued under paragraph (2)(a) or (b) or made under paragraph (2)(c).

  • Marginal note:Deeming

    (5) Any decision, determination or re-determination continued by the President under paragraph (2)(b) or made by the President under paragraph (2)(c) is deemed to have been made under

    • (a) paragraph 41(1)(a), if the decision or determination was continued or made as a result of a review under this section of a decision of the President under that paragraph to cause an investigation to be terminated;

    • (b) paragraph 41(1)(b), if the decision or determination was continued or made as a result of a review under this section of a final determination of the President under that paragraph;

    • (c) subsection 53(1), if the decision or determination was continued or made as a result of a review under this section of a decision of the President under that subsection to renew or not to renew an undertaking; or

    • (d) subsection 59(1), (1.1) or (2), if the re-determination was continued or made as a result of a review under this section of a re-determination by the President under either of those subsections.

  • 1994, c. 47, s. 179
  • 1999, c. 12, s. 37, c. 17, ss. 183, 184
  • 2005, c. 38, s. 134
  • 2017, c. 20, s. 92

Rescission of Orders and Findings

Marginal note:Goods of Chile

 If the Tribunal has made an order or finding resulting in the levying of anti-dumping duties in respect of goods of Chile that are subsequently exempted from the application of this Act by regulations made under section 14, the Tribunal shall rescind the order or finding to the extent that it relates to the dumping of those goods.

  • R.S., 1985, c. S-15, s. 77
  • R.S., 1985, c. 47 (4th Supp.), s. 52
  • 1997, c. 14, s. 92

PART I.1Dispute Settlement Respecting Goods of a NAFTA Country

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    appropriate authority

    appropriate authority, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; (autorité compétente)

    committee

    committee means an extraordinary challenge committee appointed pursuant to section 77.018; (comité)

    definitive decision

    definitive decision means

    • (a) a decision of the President under paragraph 41(1)(a),

    • (b) a final determination of the President under paragraph 41(1)(b),

    • (c) an order or finding of the Tribunal under subsection 43(1),

    • (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking,

    • (e) a re-determination of the President under subsection 59(1),

    • (f) a re-determination of the President under subsection 59(3),

    • (f.1) a re-determination of the President under subsection 59(1.1),

    • (g) an order of the Tribunal under subsection 76.01(4) or 76.03(5),

    • (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),

    • (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1),

    • (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or

    • (j) an order or finding of the Tribunal under subsection 91(3)

    in so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; (décisions finales)

    Minister

    Minister means the Minister for International Trade; (ministre)

    NAFTA country Secretary

    NAFTA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 2002 of the North American Free Trade Agreement; (secrétaire national)

    panel

    panel means a panel appointed pursuant to section 77.013; (groupe spécial)

    rules

    rules means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the North American Free Trade Agreement; (règles)

    special committee

    special committee means a special committee appointed pursuant to subsection 77.023(2). (comité spécial)

  • Marginal note:Inconsistency

    (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency.

  • 1993, c. 44, s. 218
  • 1994, c. 47, s. 180
  • 1999, c. 12, s. 38, c. 17, ss. 183, 184
  • 2002, c. 8, ss. 172, 182
  • 2005, c. 38, s. 134
  • 2017, c. 20, s. 93

Request for Review

Marginal note:Request for review of definitive decision

  •  (1) The Minister or the government of a NAFTA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 1904 of the North American Free Trade Agreement, that the definitive decision, in so far as it applies to goods of that NAFTA country, be reviewed by a panel.

  • Marginal note:Idem

    (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 1904 of the North American Free Trade Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

  • Marginal note:Deeming

    (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 1904 of the North American Free Trade Agreement.

  • Marginal note:Limitation period

    (4) A request under subsection (1) or (2) may only be made within thirty days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within thirty days after the day on which notice of the re-determination is received by the government of a NAFTA country.

  • Marginal note:Grounds for request

    (5) A request under subsection (1) or (2) for the review of a definitive decision may be made only on a ground set forth in subsection 18.1(4) of the Federal Courts Act.

  • Marginal note:Notification of request for review

    (6) On receiving a request from the government of a NAFTA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate NAFTA country Secretary of the request and the day on which it was received by the Canadian Secretary.

  • Marginal note:No application or appeal

    (7) Where a request is made under subsection (1) or (2) for the review of a definitive decision by a panel, no person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision.

  • 1993, c. 44, s. 218
  • 1999, c. 17, s. 183
  • 2002, c. 8, s. 182
  • 2005, c. 38, s. 135(E)
 
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