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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 IIIGeneral (continued)

Application for Review

Marginal note:Application for judicial review

  •  (1) Subject to section 77.012 or 77.12, an application may be made to the Federal Court of Appeal to review and set aside

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

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

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

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

    • (c.2) a decision of the President under subsection 75.1(1);

    • (c.3) a decision of the President under subsection 75.4(6);

    • (c.4) a determination of the President under subsection 75.6(5);

    • (d) an order of the Tribunal under subsection 76.01(4) or 76.03(5);

    • (d.1) a determination of the President under paragraph 76.03(7)(a);

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

    • (f) an order of the Tribunal under subsection 76.01(5) or 76.03(12); or

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

  • Marginal note:Grounds of application

    (2) An application may be made under this section on the ground that the President or the Tribunal, as the case may be,

    • (a) acted without jurisdiction, acted beyond the jurisdiction of the President or the Tribunal or refused to exercise that jurisdiction;

    • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that the President or the Tribunal was required by law to observe;

    • (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

    • (d) based a decision or order on an erroneous finding of fact that the President or the Tribunal made in a perverse or capricious manner or without regard for the material before the President or the Tribunal;

    • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

    • (f) acted in any other way that was contrary to law.

  • Marginal note:Filing of application

    (3) Subject to subsection 77.012(2), an application may be made under this section by any person directly affected by the determination, decision, order or finding by filing a notice of the application in the Federal Court of Appeal within thirty days after the time the determination, decision, order or finding was first communicated to that person by the President or the Tribunal, or within such further time as the Federal Court of Appeal or a judge thereof may, before or after the expiration of those thirty days, fix or allow.

  • Marginal note:Trial Division deprived of jurisdiction

    (4) Where the Federal Court of Appeal has jurisdiction under this section to hear and determine an application to review and set aside a determination, decision, order or finding, the Trial Division has no jurisdiction to entertain any proceeding in respect of that determination, decision, order or finding.

  • Marginal note:Hearing in summary way

    (5) An application under this section shall be heard and determined without delay and in a summary way in accordance with the rules made in respect of applications for judicial review pursuant to sections 18.1 and 28 of the Federal Courts Act.

  • Marginal note:Disposition

    (6) On an application under this section, the Federal Court of Appeal may dismiss the application, set aside the final determination, decision, order or finding, or set aside the final determination, decision, order or finding and refer the matter back to the President or the Tribunal, as the case may be, for determination in accordance with such directions as it considers appropriate.

  • 1988, c. 65, s. 44
  • 1993, c. 44, s. 220
  • 1994, c. 47, s. 183
  • 1999, c. 12, s. 47, c. 17, ss. 183, 184
  • 2002, c. 8, s. 182
  • 2005, c. 38, s. 134
  • 2017, c. 20, s. 97

Marginal note:No references

  •  (1) Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a NAFTA country.

  • Marginal note:Suspension of s. 96.2

    (2) The operation of section 96.2 is suspended during the period in which subsection (1) is in force.

  • 1993, c. 44, s. 221
  • 1999, c. 17, s. 183
  • 2002, c. 8, s. 182
  • 2005, c. 38, s. 134

Marginal note:No references

 Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of the United States.

  • 1988, c. 65, s. 44
  • 1990, c. 8, s. 73
  • 1999, c. 17, s. 183
  • 2002, c. 8, s. 182
  • 2005, c. 38, s. 134

Marginal note:Request for review of final determination

  •  (1) The Minister for International Trade may, in the manner provided for by the law of a NAFTA country giving effect to the North American Free Trade Agreement, request that a final determination be reviewed by a panel established under that law.

  • Marginal note:Idem

    (2) Any person who, but for the law of a NAFTA country giving effect to the North American Free Trade Agreement, would be entitled under the law of that NAFTA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.

  • Marginal note:Deeming

    (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational 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 final determination is published in the official publication of the NAFTA country, or, in the case of a final determination of which notice is not so published, within thirty days after the day on which notice of the final determination is received by the Minister.

  • Definition of final determination

    (5) In this section, final determination means a final determination as defined in Annex 1911 of the North American Free Trade Agreement.

  • Marginal note:Suspension of s. 96.3

    (6) The operation of section 96.3 is suspended during the period in which this section is in force.

  • 1993, c. 44, s. 222
  • 1999, c. 12, s. 48(F)

Marginal note:Request for review of final determination

  •  (1) The Minister for International Trade may, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that a final determination be reviewed by a panel established under that law.

  • Marginal note:Idem

    (2) On a request made to the Canadian Secretary by any person who, but for the American law giving effect to the Free Trade Agreement, would be entitled under American law to commence domestic proceedings for judicial review of a final determination, the Minister for International Trade shall, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that the final determination be reviewed by a panel established under that law.

  • Marginal note:Limitation period

    (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the final determination is published in the Federal Register or, in the case of a final determination of which notice is not so published, the day on which notice of the final determination is received by the Minister.

  • Definition of final determination

    (4) In this section, final determination means a final determination as defined in subparagraph (b) of the definition of that term in Article 1911 of the Free Trade Agreement.

  • 1988, c. 65, s. 44
  • 1999, c. 12, s. 49(F)
 
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