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Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Act current to 2020-10-21 and last amended on 2020-07-01. Previous Versions

Extension Inquiries (continued)

Marginal note:Inquiries into extension requests

  •  (1) The Tribunal shall commence an inquiry into an extension request within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied

    • (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

    • (b) that the extension request is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

  • Marginal note:Notice of decision

    (2) Where the Tribunal decides to commence an inquiry into an extension request under subsection (1), it shall forthwith

    • (a) notify the requester and each other interested party in writing of its decision, of the reasons for its decision and of the date on which any hearing in the inquiry shall commence;

    • (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

    • (c) send to the Minister a copy of its decision, a copy of the request and the information accompanying the request and a copy of any other relevant information examined by the Tribunal in relation to the request.

  • Marginal note:Idem

    (3) Where the Tribunal decides not to commence an inquiry into an extension request under subsection (1), it shall forthwith

    • (a) notify the requester and each other interested party in writing of its decision and of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and

    • (b) cause a notice of its decision to be published in the Canada Gazette.

  • 1994, c. 47, s. 38

Marginal note:Continuing necessity of order

  •  (1) The Tribunal shall, in an inquiry into an extension request, determine whether

    • (a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

    • (b) there is evidence that the domestic producers of like or directly competitive goods are adjusting, as determined in accordance with any regulations made under paragraph 40(b).

  • Marginal note:Other matters

    (2) The Tribunal shall, in an inquiry into an extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

  • 1994, c. 47, s. 38

Marginal note:Report on extension inquiry

  •  (1) Not later than forty-five days before the expiration date of the order to which an inquiry under subsection 30.07(1) relates, the Tribunal shall prepare a report on the inquiry and submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

  • Marginal note:Notice of report

    (2) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice of the report

  • Marginal note:Tabling of report in certain cases

    (3) Where, pursuant to subsection 30.08(2), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into an extension request, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

  • 1994, c. 47, s. 38

Complaints by Potential Suppliers

Marginal note:Definitions

 In this section and in sections 30.11 to 30.19,

complaint

complaint means a complaint filed with the Tribunal under subsection 30.11(1); (plainte)

designated contract

designated contract means a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations; (contrat spécifique)

government institution

government institution means any department or ministry of state of the Government of Canada, or any other body or office, that is designated by the regulations; (institution fédérale)

interested party

interested party means a potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint; (intéressée)

potential supplier

potential supplier means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract. (fournisseur potentiel)

  • 1993, c. 44, s. 44
  • 1994, c. 47, s. 39

Marginal note:Filing of complaint

  •  (1) Subject to the regulations, a potential supplier may file a complaint with the Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint.

  • Marginal note:Contents of complaint

    (2) A complaint must

    • (a) be in writing;

    • (b) identify the complainant, the designated contract concerned and the government institution that awarded or proposed to award the contract;

    • (c) contain a clear and detailed statement of the substantive and factual grounds of the complaint;

    • (d) state the form of relief requested;

    • (e) set out the address of the complainant to which notices and other communications respecting the complaint may be sent;

    • (f) include all information and documents relevant to the complaint that are in the complainant’s possession;

    • (g) be accompanied by any additional information and documents required by the rules; and

    • (h) be accompanied by the fees required by the regulations.

  • Marginal note:Chairperson may assign member

    (3) The Chairperson may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal’s powers, and has and may perform all of the Tribunal’s duties and functions, in relation to the complaint.

  • 1993, c. 44, s. 44
  • 1994, c. 47, s. 40(E)
  • 1999, c. 12, s. 61(E)

Marginal note:Notice of receipt

  •  (1) The Tribunal shall notify the complainant in writing of the receipt of the complaint.

  • Marginal note:Notice of deficiency

    (2) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2), it shall notify the complainant in writing and specify the deficiencies to be corrected, the corrective action required and the period within which the action must be taken.

  • Marginal note:Notice of compliance

    (3) Where the Tribunal determines that a complaint complies with subsection 30.11(2), it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

  • 1993, c. 44, s. 44

Marginal note:Decision to conduct inquiry

  •  (1) Subject to the regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2), it shall decide whether to conduct an inquiry into the complaint, which inquiry may include a hearing.

  • Marginal note:Notice of inquiry

    (2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party and give them an opportunity to make representations to the Tribunal with respect to the complaint.

  • Marginal note:Postponement of award of contract

    (3) Where the Tribunal decides to conduct an inquiry into a complaint that concerns a designated contract proposed to be awarded by a government institution, the Tribunal may order the government institution to postpone the awarding of the contract until the Tribunal determines the validity of the complaint.

  • Marginal note:Idem

    (4) The Tribunal shall rescind an order made under subsection (3) if, within the prescribed period after the order is made, the government institution certifies in writing that the procurement of the goods or services to which the designated contract relates is urgent or that a delay in awarding the contract would be contrary to the public interest.

  • Marginal note:Decision not to conduct or to cease inquiry

    (5) The Tribunal may decide not to conduct an inquiry into a complaint or decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal so decides, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party of that decision and the reasons therefor.

  • 1993, c. 44, s. 44
 
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