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Customs Tariff (S.C. 1997, c. 36)

Full Document:  

Act current to 2020-07-15 and last amended on 2020-07-01. Previous Versions

PART 2Customs Duties (continued)

DIVISION 4Special Measures, Emergency Measures and Safeguards (continued)

Global Emergency Measures (continued)

Marginal note:Extension order

  •  (1) Subject to subsections (4) and (4.1), if, at any time before the expiry of an order with respect to any goods made under this subsection, subsection 55(1) or section 60 or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

    • (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) of the Canadian International Trade Tribunal Act,

    the Governor in Council may, on the recommendation of the Minister, make an extension order imposing a surtax on any goods specified in the previous order imported from any country specified in the extension order.

  • Marginal note:Scope and rate

    (2) If an extension order is made under subsection (1),

    • (a) the extension order applies to goods imported into Canada, or any region or part of Canada, specified in the order during the period that the order is in effect; and

    • (b) the rate of the surtax imposed by the extension order must, subject to subsection (3),

      • (i) be at a rate specified in the extension order, or

      • (ii) be at a rate specified in the extension order that varies from time to time as the quantity of the goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order.

  • Marginal note:Maximum rate

    (3) The rate specified in the extension order may not exceed

    • (a) the lowest of any rates previously imposed with respect to the goods under subsection (1) or 55(1) or section 60; and

    • (b) the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy serious injury to domestic producers of like or directly competitive goods and to facilitate the adjustment of the domestic producers.

  • Marginal note:Exception for goods imported from a free trade partner

    (4) An order made under subsection (1) may apply to goods imported from a free trade partner only if it appears to the satisfaction of the Governor in Council, on the basis of a report made under the Canadian International Trade Tribunal Act, that

    • (a) the quantity of those goods represents a substantial share of the total imports of goods of the same kind;

    • (b) in the case of goods imported from a country that is a party to the Canada–United States–Mexico Agreement, the quantity of those goods, alone or, in exceptional circumstances, together with the quantity of goods of the same kind imported from each other country that is a party to that Agreement, contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and

    • (c) in the case of goods imported from any other free trade partner, the quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

  • Marginal note:Exception for goods imported

    (4.1) An order made under subsection (1) may exclude goods of any kind imported from one of the following countries if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods:

    • Colombia
    • Korea
    • Panama
    • Peru
  • Marginal note:Period and repeal of extension orders

    (5) Every extension order made under subsection (1)

    • (a) remains in effect, subject to this section, for the period that is specified in the order, but the total of the specified period and the periods during which the goods were subject to related orders made under subsection (1) or 55(1) or section 60 or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act may not exceed eight years; and

    • (b) may, notwithstanding any other provision of this section, be amended or repealed at any time by the Governor in Council on the recommendation of the Minister, unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 64.

  • 1997, c. 36, s. 63
  • 2009, c. 16, s. 45
  • 2010, c. 4, s. 38
  • 2011, c. 24, s. 127
  • 2012, c. 26, s. 45
  • 2014, c. 28, s. 50
  • 2020, c. 1, s. 195

Marginal note:Resolution of Parliament of cessation

 Notwithstanding sections 55 to 63 and 65 to 67, if a resolution directing that an order made under subsection 55(1), section 60 or subsection 63(1) cease to have effect is adopted by both Houses of Parliament, the order ceases to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order ceases to have effect, on that specified day.

Marginal note:Notice in Canada Gazette

 If an order made under

  • (a) subsection 55(1) remains in effect by reason of subsection 56(2) or 59(2), or

  • (b) subsection 55(1), section 60 or subsection 63(1) ceases to have effect by reason of a resolution of both Houses of Parliament,

the Minister shall cause a notice to that effect to be published in the Canada Gazette.

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes of sections 55 to 65 and may, by order, suspend a surtax or rate in whole or in part from application to the goods of any country or any class of such goods.

Marginal note:Decision of Governor in Council final

 The decision of the Governor in Council is final on any question that may arise regarding the application of the surtax or rate imposed under sections 55 to 66.

Safeguard Measures for Agricultural Goods

Marginal note:Surtax order

  •  (1) Notwithstanding this Act or any other Act of Parliament but subject to subsections (2) to (7), the Governor in Council may, on the recommendation of the Minister, by order, make any prescribed agricultural goods specified in the order subject to

    • (a) a surtax, at a rate specified in the order, that is in addition to any other duty imposed under this Act or any other Act of Parliament relating to customs; and

    • (b) any conditions set out in the order relating to the imposition of the surtax.

  • Marginal note:Conditions for making order

    (2) Before recommending that an order be made under subsection (1), the Minister must be satisfied, on the basis of a report by the Minister of Agriculture and Agri-Food, that the conditions, set out in Article 5 of the Agreement on Agriculture in Annex 1A of the World Trade Organization Agreement, for the imposition of a surtax on the prescribed agricultural goods have been met.

  • Marginal note:Non-application to goods in transit

    (3) The President of the Canada Border Services Agency may relieve goods from payment of a surtax imposed by an order under subsection (1) if the President is of the opinion that

    • (a) before the coming into force of the order, the goods were purchased for importation in the expectation in good faith that subsection (1) would not have applied to those goods; and

    • (b) at the time that the order comes into force, the goods were in transit to the purchaser in Canada.

  • Marginal note:Resolution of Parliament of cessation

    (4) If both Houses of Parliament adopt a resolution directing that an order made under subsection (1) cease to have effect, the order ceases to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order ceases to have effect, on that specified day.

  • Marginal note:Notice in Canada Gazette

    (5) If an order under subsection (1) ceases to have effect as a result of a resolution of both Houses of Parliament, the Minister shall cause a notice to that effect to be published in the Canada Gazette.

  • Marginal note:Regulations

    (6) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) prescribing agricultural goods for the purposes of this section in respect of any country;

    • (b) prescribing terms and conditions governing the making of orders under subsection (1); and

    • (c) generally for carrying out the purposes and provisions of this section.

  • Marginal note:Exemption from Statutory Instruments Act

    (7) An order under subsection (1) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

  • Marginal note:Publication

    (8) Every order made under subsection (1) must be published in the Canada Gazette.

  • 1997, c. 36, s. 68
  • 1999, c. 17, s. 130
  • 2005, c. 38, s. 87
 
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