Special Import Measures Act

Marginal note:Request by Minister of Finance for review

• 76.1 (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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner 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 Commissioner under paragraph (2)(b) or made by the Commissioner 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 final determination of the Commissioner under that paragraph;

  • (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 decision of the Commissioner under that paragraph to cause an investigation to be terminated;

  • (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 Commissioner 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 Commissioner under either of those subsections.