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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 I.1Dispute Settlement Respecting Goods of a NAFTA Country (continued)

Extraordinary Challenge Proceeding (continued)

Marginal note:Orders and decisions final

  •  (1) Subject to subsection 77.015(4) and section 77.019, an order or decision of a panel or committee is final and binding and is not subject to appeal.

  • Marginal note:No review

    (2) Subject to subsection 77.015(4) and section 77.019, no order, decision or proceeding of a panel or committee made or carried on under, or purporting to be made or carried on under, this Act shall be

    • (a) questioned, reviewed, set aside, removed, prohibited or restrained, or

    • (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in the nature of injunction, certiorari, prohibition, quo warranto, declaration or otherwise,

    on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the panel or committee to make or carry on or that, in the course of any proceeding, the panel or committee for any reason exceeded or lost jurisdiction.

  • Marginal note:No references

    (3) Subsection 18.3(1) of the Federal Courts Act does not apply to a panel, committee or special committee.

  • 1993, c. 44, s. 218
  • 2002, c. 8, s. 182

Members

Marginal note:Code of conduct

  •  (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 1909 of the North American Free Trade Agreement.

  • Marginal note:Disclosure undertaking respecting confidential information

    (2) Every member of a panel and every prescribed person shall sign and comply with a disclosure undertaking, in the prescribed form, respecting the disclosure and use of confidential, personal, business proprietary and other privileged or prescribed information made available to the member or person in proceedings under this Part.

  • Marginal note:Immunity

    (3) Subject to section 77.034, no action or other proceeding lies or shall be commenced against a member of a panel for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, under this Part.

  • 1993, c. 44, s. 218
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 136(F)

Marginal note:Remuneration and expenses of panel members

 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 2001 of the North American Free Trade Agreement.

  • 1993, c. 44, s. 218

Review by Special Committee

Marginal note:Request for review

  •  (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a NAFTA country only with respect to an allegation referred to in Article 1905.1 of the North American Free Trade Agreement.

  • Marginal note:Appointment of special committee

    (2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 1904.13 of the North American Free Trade Agreement and any regulations made in connection therewith.

  • 1993, c. 44, s. 218

Marginal note:Stay of panel reviews and committee proceedings

  •  (1) Subject to subsection (2), where a special committee makes an affirmative finding against a NAFTA country pursuant to a request made by Canada in respect of an allegation referred to in Article 1905.1 of the North American Free Trade Agreement, the Minister shall stay all

    • (a) panel reviews under section 77.011, and

    • (b) committee proceedings under section 77.017

    that were requested by the government or a person of that NAFTA country after the date on which consultations were requested under Article 1905.1 of the North American Free Trade Agreement.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a panel review or committee proceeding that was requested more than one hundred and fifty days prior to the affirmative finding by the special committee.

  • 1993, c. 44, s. 218

Marginal note:Stay on request

 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a NAFTA country, the government of that NAFTA country may request that the Minister stay all

  • (a) panel reviews under section 77.011, and

  • (b) committee proceedings under section 77.017

that were requested by the government or a person of that NAFTA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings.

  • 1993, c. 44, s. 218

Marginal note:When stay becomes effective

 Where the Minister stays panel reviews and committee proceedings, the stay shall become effective

  • (a) where the stay is made under section 77.024, on the day following the date on which the special committee made the affirmative finding; and

  • (b) where the stay is made under section 77.025, on the day following the date on which the request for the stay was made.

  • 1993, c. 44, s. 218

Marginal note:Suspension of time periods

 Where a special committee makes an affirmative finding against Canada or a NAFTA country pursuant to a request made by the government of a NAFTA country or Canada in respect of an allegation referred to in Article 1905.1 of the North American Free Trade Agreement,

  • (a) the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that NAFTA country, and

  • (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that NAFTA country,

shall not run unless and until resumed in accordance with subsection 77.033.

  • 1993, c. 44, s. 218
  • 2002, c. 8, s. 182

Marginal note:Suspension of panel process

  •  (1) The Minister may suspend the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of a NAFTA country

    • (a) at any time after the expiration of sixty days, but not later than ninety days, following an affirmative finding against the NAFTA country by a special committee requested by Canada under Article 1905.2 of the North American Free Trade Agreement; and

    • (b) at any time where the government of the NAFTA country has suspended the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.

  • Marginal note:Notice of suspension

    (2) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under subsection (1) with respect to goods of a NAFTA country, the Canadian Secretary shall forward a written notice of the suspension to the NAFTA country Secretary of that NAFTA country and shall publish a notice of the suspension in the Canada Gazette.

  • 1993, c. 44, s. 218

Marginal note:Suspension of benefits

  •  (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of sixty days, but in no case later than ninety days, following an affirmative finding against a NAFTA country by a special committee requested by Canada under Article 1905.2 of the North American Free Trade Agreement, suspend the application to that NAFTA country of such benefits under the North American Free Trade Agreement as the Governor in Council considers appropriate in the circumstances.

  • Marginal note:Powers

    (2) For the purpose of suspending the application to a NAFTA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

    • (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the North American Free Trade Agreement or an Act of Parliament;

    • (b) modify or suspend the application of any federal law with respect to that country or to goods, service providers, suppliers, investors or investments of that country;

    • (c) extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and

    • (d) generally take such action as the Governor in Council considers necessary for that purpose.

  • Marginal note:Period of order

    (3) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order.

  • Marginal note:Definitions

    (4) In this section, federal law means the whole or any portion of any Act of Parliament or regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.

  • Marginal note:Order not a statutory instrument

    (5) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act.

  • Marginal note:Action consistent with determination

    (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 1905.10(a) of the North American Free Trade Agreement, the Governor in Council shall take action consistent with that determination.

  • 1993, c. 44, s. 218
 
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