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

Act current to 2019-08-28 and last amended on 2019-06-17. Previous Versions

PART IIIGeneral (continued)

Disclosure of Information (continued)

Marginal note:Designation of information as confidential

  •  (1) Where a person who provides information to the President for the purposes of proceedings under this Act wishes some or all of the information to be kept confidential, the person shall submit, at the time the information is provided,

    • (a) a statement designating as confidential the information that he wishes to be kept confidential, together with an explanation of why he designated that information as confidential; and

    • (b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement

      • (i) that such a non-confidential edited version or non-confidential summary cannot be made, or

      • (ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential,

      together with an explanation that justifies the making of any such statement.

  • Marginal note:Interpretation

    (2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where

    • (a) the person does not provide a non-confidential edited version, a non-confidential summary or a statement referred to in paragraph (1)(b);

    • (b) the person provides a non-confidential edited version or a non-confidential summary of the information designated as confidential pursuant to paragraph (1)(a), but the President is satisfied that it does not comply with paragraph (1)(b);

    • (c) the person provides a statement referred to in paragraph (1)(b), but does not provide an explanation that justifies the making of the statement; or

    • (d) the person provides a statement referred to in paragraph (1)(b), but the President is satisfied that the explanation given as justification for the making of the statement does not justify the making thereof.

  • R.S., 1985, c. S-15, s. 85
  • 1994, c. 47, s. 182
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Where there has been failure to comply

  •  (1) Where a person has designated information as confidential pursuant to paragraph 85(1)(a) and the President considers that the designation is warranted, but the person has failed to comply with paragraph 85(1)(b), the President shall cause the person to be informed of that failure, of the ground on which he has so failed and of the application of subsection 87(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as it is necessary for him to take in order to comply with paragraph 85(1)(b).

  • Marginal note:Where President considers designation unwarranted

    (2) Where, pursuant to paragraph 85(1)(a), a person has designated information as confidential and the President considers that, because of its nature, extent, availability from other sources or the failure of the person to provide any explanation of why he designated it as confidential, the designation of that information as confidential is unwarranted, the President shall cause the person

    • (a) to be notified of the fact that the President considers the designation of that information as confidential unwarranted and of the President’s reasons for so considering; and

    • (b) where the person has failed to comply with paragraph 85(1)(b), to be informed as provided in subsection (1).

  • R.S., 1985, c. S-15, s. 86
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Withdrawal of designation or submission of explanation

  •  (1) Where a person is notified pursuant to paragraph 86(2)(a) with respect to any information that he has designated as confidential pursuant to paragraph 85(1)(a), the person may, within fifteen days after being so notified,

    • (a) withdraw the designation, or

    • (b) submit to the President an explanation or further explanation of why he designated the information as confidential,

    and where the person does neither of those things within the fifteen days, that information shall not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, unless the President obtains it elsewhere than from that person.

  • Marginal note:President to reconsider

    (2) Where, pursuant to subsection (1), a person submits to the President, within the fifteen days referred to in that subsection, an explanation or further explanation of why the person designated information as confidential, the President shall again consider whether, taking into account that explanation or further explanation, the designation of the information as confidential is warranted and, if the President decides that it is not warranted, shall cause the person to be notified that the information will not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the President in any such proceedings, unless he obtains it elsewhere than from that person.

  • Marginal note:Where failure to comply not rectified

    (3) Subject to subsection (4), where a person who has been informed pursuant to section 86 that he has failed to comply with paragraph 85(1)(b) with respect to any information does not, within fifteen days after being so informed or within such longer time not exceeding thirty days after being so informed as the President, either before or after the expiration of the fifteen days, in his discretion allows, take such action as it is necessary for the person to take in order to comply with paragraph 85(1)(b), the President shall cause the person to be notified that the information will not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the President in any such proceedings, unless he obtains it elsewhere than from that person.

  • Marginal note:Exception

    (4) Subsection (3) does not apply in respect of any information that the President is prohibited by subsection (1) or (2) from taking into account in the proceedings for the purposes of which it was provided.

  • R.S., 1985, c. S-15, s. 87
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Application of sections 86 and 87

 Sections 86 and 87 do not apply in respect of evidence submitted to the President pursuant to subsection 78(3).

  • R.S., 1985, c. S-15, s. 88
  • 1999, c. 17, s. 183
  • 2005, c. 38, s. 134

Marginal note:Prohibition on disclosure of information

 If the Tribunal indicates to the President in writing that subsection 46(1) of the Canadian International Trade Tribunal Act applies to information provided to the President under paragraph 76.03(6)(b), no person employed in the federal public administration who comes into possession of that information while they are so employed shall, either before or after they cease to be so employed, knowingly disclose it, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

  • 1999, c. 12, s. 45, c. 17, s. 184
  • 2003, c. 22, s. 224(E)
  • 2005, c. 38, s. 134

Ruling on Who is Importer

Marginal note:Request for ruling on who is importer in Canada

  •  (1) Where a question arises or is raised as to which of two or more persons is, for the purposes of this Act, the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported, the President may, and at the request of any person interested in the importation of the goods shall, request the Tribunal for a ruling on that question, unless, in the case only of goods that have been imported into Canada,

    • (a) a determination has been made under section 55 or 56 with respect to the goods; and

    • (b) more than ninety days have elapsed since the determination referred to in paragraph (a) was made.

  • Marginal note:Idem

    (2) Where the President makes a request under subsection (1) for a ruling on the question referred to therein, the President shall

    • (a) state in the request which of the two or more persons the President believes is the importer in Canada of the goods;

    • (b) if any of the goods is of the same description as the goods specified in a preliminary determination made in an investigation that was initiated pursuant to section 31 and is still continuing, so state in the request;

    • (c) provide the Tribunal with such information as the President considers will be useful to it in considering the question and with such other information as the Tribunal may request; and

    • (d) give notice of his request to such persons as the rules of the Tribunal require or as the Tribunal may require.

  • Marginal note:Investigation deemed to continue

    (3) Where, in any investigation, the President makes a final determination of dumping or subsidizing under subsection 41(1) in respect of any goods, the investigation shall, for the purpose of paragraph (2)(b), be deemed to continue until such time as the Tribunal makes an order or finding in respect of the goods.

  • R.S., 1985, c. S-15, s. 89
  • 1999, c. 12, s. 46, c. 17, s. 183
  • 2005, c. 38, s. 134
 
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