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

Marginal note:Other information

49 If

• (a) information or material given or elicited in the course of any proceedings before the Tribunal is, in the opinion of the Tribunal, in its nature confidential, or

• (b) the President indicates to the Tribunal in writing that subsection 84(1) of the Special Import Measures Act applies to information or material filed with it under paragraph 37(a) or 38(3)(b) or subsection 76.03(9) of that Act,

the information or material shall not knowingly be disclosed by any member or person employed in the federal public administration who comes into possession of the information 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.

Repeals, Consequential Amendments and Transitional

Repeals

50 and 51 [Repeals]

Consequential Amendments

52 [Amendments]

Transitional

Marginal note:Definitions

53 In this section and sections 54 to 60,

Canadian Import Tribunal

Canadian Import Tribunal means the Canadian Import Tribunal established by subsection 63(1) of the Special Import Measures Act, as it existed on the day immediately preceding the commencement day; (Tribunal canadien des importations)

commencement day

commencement day means the day on which this section comes into force; (date de référence)

former authority

former authority means the Canadian Import Tribunal, the Tariff Board or the Textile and Clothing Board; (ancien organisme)

Tariff Board

Tariff Board means the Tariff Board established by subsection 3(1) of the Tariff Board Act, as it existed on the day immediately preceding the commencement day; (Commission du tarif)

Textile and Clothing Board

Textile and Clothing Board means the Textile and Clothing Board established by subsection 3(1) of the Textile and Clothing Board Act, as it existed on the day immediately preceding the commencement day. (Commission du textile et du vêtement)

Marginal note:Members of Tariff Board cease to hold office

• 54 (1) Subject to subsection (2), the members of the Tariff Board shall cease to hold office on the commencement day.

• Marginal note:Continuing jurisdiction

  (2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Tariff Board continue to have jurisdiction with respect to

  • (a) any inquiry commenced by the Tariff Board under section 8 of the Tariff Board Act that was underway on the day immediately preceding the commencement day,

  • (b) any appeal made to the Tariff Board under section 61 of the Special Import Measures Act, section 67 of the Customs Act or section 81.19, 81.21, 81.22 or 81.23 of the Excise Tax Act that was in the course of being heard on the day immediately preceding the commencement day, or that had been heard before the commencement day but in respect of which a decision, order, finding or declaration had not been rendered before that day,

  • (c) any application made to the Tariff Board under section 81.32 of the Excise Tax Act that was pending on the day immediately preceding the commencement day,

  • (d) any question referred to the Tariff Board under section 70 of the Customs Act that was in the course of being considered on the day immediately preceding the commencement day, or that had been considered before the commencement day but in respect of which an opinion had not been rendered before that day, and

  • (e) any matter referred to in section 13 or 63 of the Energy Administration Act that was in the course of being heard on the day immediately preceding the commencement day, or that had been heard before the commencement day but in respect of which a decision or declaration had not been rendered before that day,

  and, for the purpose only of disposing of those matters, may exercise such of the powers and perform such of the duties as were, before the commencement day, vested in them under any Act of Parliament as members of the Tariff Board.

• Marginal note:Procedure

  (3) Each matter referred to in subsection (2) shall be disposed of in accordance with the Tariff Board Act or other Act of Parliament under which the matter came before the Tariff Board and the rules and regulations thereunder, as they read on the day immediately preceding the commencement day.

Marginal note:Members of Textile and Clothing Board cease to hold office

• 55 (1) Subject to subsection (2), the members of the Textile and Clothing Board shall cease to hold office on the commencement day.

• Marginal note:Continuing jurisdiction

  (2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Textile and Clothing Board continue to have jurisdiction with respect to any inquiry commenced by the Textile and Clothing Board under section 11 or 23 of the Textile and Clothing Board Act that was in the course of being completed on the day immediately preceding the commencement day and, for the purpose only of completing such an inquiry, may exercise such of the powers and perform such of the duties as were, on the day immediately before the commencement day, vested in them under the Textile and Clothing Board Act.

• Marginal note:Procedure

  (3) An inquiry referred to in subsection (2) shall be completed in accordance with the Textile and Clothing Board Act and the rules thereunder, as they read on the day immediately preceding the commencement day.

Marginal note:Secretary of Canadian Import Tribunal ceases to hold office

56 The Secretary of the Canadian Import Tribunal shall cease to hold office on the commencement day.

Marginal note:Members of Canadian Import Tribunal cease to hold office

• 57 (1) Subject to subsection (2), the members of the Canadian Import Tribunal shall cease to hold office on the commencement day.

• Marginal note:Continuing jurisdiction

  (2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Canadian Import Tribunal continue to have jurisdiction with respect to any of the following matters pending before the Canadian Import Tribunal on the day immediately preceding the commencement day:

  • (a) inquiries under section 42 or 48 of the Special Import Measures Act,

  • (b) references under section 33, 34 or 35 of the Special Import Measures Act,

  • (c) requests for rulings under subsection 89(1) of the Special Import Measures Act, and

  • (d) reviews under subsection 76(2) of the Special Import Measures Act,

  and, for the purpose only of disposing of those matters, may exercise such of the powers and perform such of the duties as were, before the commencement day, vested in them under any Act of Parliament as members of the Canadian Import Tribunal.

• Marginal note:Procedure

  (3) Each matter referred to in subsection (2) shall be disposed of in accordance with the Special Import Measures Act and the rules and regulations thereunder, as they read on the day immediately preceding the commencement day.

Marginal note:Inquiries under Special Import Measures Act

• 58 (1) Subject to section 59 and notwithstanding the Special Import Measures Act, the members of the Canadian Import Tribunal have jurisdiction

  • (a) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the Canadian Import Tribunal has made an order or finding described in any of sections 3 to 6 of that Act before the commencement day and with respect to which the Canadian Import Tribunal has not previously made a report pursuant to paragraph 45(1)(a) of that Act;

  • (b) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the members, pursuant to their jurisdiction under section 57, have made an order or finding described in any of sections 3 to 6 of that Act on or after the commencement day;

  • (c) to make an inquiry referred to in section 42 of that Act in relation to goods with respect to which any question has been referred to the Canadian Import Tribunal under section 33, 34 or 35 of that Act before the commencement day and with respect to which the Deputy Minister of National Revenue has, pursuant to subsection 38(3) of that Act, caused notice of a preliminary determination of dumping or subsidizing to be filed with the Secretary of the Canadian Import Tribunal before the commencement day or with the Secretary of the Canadian International Trade Tribunal on or after the commencement day;

  • (d) to make an order or finding referred to in section 43 of that Act in relation to goods with respect to which an inquiry is made pursuant to paragraph (c); and

  • (e) to make a report referred to in paragraph 45(1)(a) of that Act concerning goods with respect to which, as a result of an inquiry made by the members pursuant to paragraph (c), the members, pursuant to their jurisdiction under paragraph (d), have made an order or finding described in any of sections 3 to 6 of that Act.

• Marginal note:Powers

  (2) For the purpose of making a report, inquiry, order or finding referred to in subsection (1), the members of the Canadian Import Tribunal have and may exercise such of the powers and perform such of the duties and functions as are vested in the Canadian International Trade Tribunal.

• Marginal note:Deemed to be made by Tribunal

  (3) A report, inquiry, order or finding made by the members of the Canadian Import Tribunal pursuant to their jurisdiction under subsection (1) shall, for the purposes of the Special Import Measures Act, be deemed to have been made by the Canadian International Trade Tribunal.

Marginal note:Limitation period

• 59 (1) Where any matter referred to in subsection 54(2), 55(2) or 57(2) is not disposed of by the members of the former authority within whose jurisdiction the matter lies within one year after the commencement day or where, on the expiration of one year after the commencement day, any proceedings in a matter commenced by the members of the Canadian Import Tribunal pursuant to their jurisdiction under section 58 are pending before those members, the proceedings with respect to the matter shall be taken up and continued by the Tribunal on such terms and conditions as the Chairperson may specify for the protection and preservation of the rights and interests of the parties or, where the Chairperson determines that any such proceedings should not be so taken up and continued, those proceedings shall be terminated.

• Marginal note:Supervision by Chairperson

  (2) The Chairperson has supervision over and direction of the work of the members of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1).

• Marginal note:Remuneration

  (3) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1), other than a person appointed to the Tribunal, shall be paid such remuneration for services under this Act as is fixed by the Governor in Council.

• Marginal note:Expenses

  (4) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1) is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in the course of performing duties under this Act.

Marginal note:Other proceedings

60 All matters pending before the Tariff Board or the Canadian Import Tribunal on the day immediately preceding the commencement day and for which the members thereof do not have jurisdiction under subsection 54(2), 55(2) or 57(2) shall be taken up and continued by the Tribunal under and in conformity with this Act.

Marginal note:Continuation of certain rules

61 All rules made by the Canadian Import Tribunal under section 70 of the Special Import Measures Act, as it read on the day immediately preceding the commencement day, shall be deemed to have been made under section 39 of this Act and shall, to the extent that they are not inconsistent with this Act, continue in force until they are revoked or amended under section 39.