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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)

Review by Special Committee (continued)

Marginal note:Only one section applies

 Where the operation of Article 1904 of the North American Free Trade Agreement is suspended under section 77.028 in respect of a NAFTA country, benefits under Article 1905.2 of the North American Free Trade Agreement may not be suspended under section 77.029 in respect of that NAFTA country, and where benefits under Article 1905.2 of the North American Free Trade Agreement are suspended under section 77.029 in respect of a NAFTA country, the operation of Article 1904 of the North American Free Trade Agreement may not be suspended under section 77.028 in respect of that NAFTA country.

  • 1993, c. 44, s. 218

Marginal note:Referral to Federal Court of Appeal

  •  (1) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under paragraph 77.028(1)(a) and

    • (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

    • (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

  • Marginal note:Idem

    (2) Where the government of a NAFTA country suspends the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada under Article 1905.8 of the North American Free Trade Agreement and

    • (a) where any panel review is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

    • (b) where any committee proceeding is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

  • Marginal note:Idem

    (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 1904 is terminated pursuant to section 77.032.

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

Marginal note:Termination of suspension

 The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to Article 1905.10 of the North American Free Trade Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

  • 1993, c. 44, s. 218

Marginal note:Resumption

 All panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resume

  • (a) where the operation of Article 1904 of the North American Free Trade Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of ninety days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or

  • (b) where benefits are suspended under section 77.029.

  • 1993, c. 44, s. 218

Offence

Marginal note:Offence

  •  (1) Every person commits an offence who contravenes or fails to comply with

    • (a) a disclosure undertaking under subsection 77.021(2);

    • (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged or prescribed information; or

    • (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any NAFTA country giving effect to the North American Free Trade Agreement.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or

    • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Consent

    (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada.

  • 1993, c. 44, s. 218

Regulations

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations

  • (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Chapter Nineteen of the North American Free Trade Agreement and the rules, including powers, rights and privileges of a superior court of record;

  • (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Majesty to perform duties or functions of the Minister under this Part;

  • (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 1901.2, and paragraph 1 of Annex 1904.13, of Chapter Nineteen of the North American Free Trade Agreement; and

  • (d) generally for carrying out the purposes and provisions of this Part.

  • 1993, c. 44, s. 218

Marginal note:Publication in Canada Gazette

 The rules, the code of conduct established pursuant to Article 1909 of the North American Free Trade Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

  • 1993, c. 44, s. 218

Application of Acts

Marginal note:Application

 No provision

  • (a) of an Act to amend this Act,

  • (b) of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, or

  • (c) amending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review

that comes into force after the coming into force of this section shall be applied in respect of goods of a NAFTA country, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of that NAFTA country.

  • 1993, c. 44, s. 218

Marginal note:Suspension of Part II

 The operation of Part II is suspended during the period in which this Part is in force.

  • 1993, c. 44, s. 218

PART IIDispute Settlement Respecting Goods of the United States

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    American Secretary

    American Secretary means the secretary of the United States section of the Secretariat provided for by Article 1909 of the Free Trade Agreement; (secrétaire américain)

    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 77.18; (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)

    that applies to or in respect of particular goods of the United States, 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)

    panel

    panel means a panel appointed pursuant to section 77.13; (groupe spécial)

    rules

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

    Secretariat

    Secretariat means the Canadian Secretariat established by section 77.23. (Secrétariat)

  • 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.

  • 1988, c. 65, s. 42
  • 1994, c. 47, s. 181
  • 1999, c. 12, s. 40, c. 17, ss. 183, 184
  • 2002, c. 8, ss. 173, 182
  • 2005, c. 38, s. 134
  • 2017, c. 20, s. 95
 
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