Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Termination of investigation or review

• 75.7 (1) The President may terminate any investigation initiated under subsection 72(1) or any review initiated under subsection 75.4(1) or 75.6(3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review.

• Marginal note:Notice of termination

  (2) The President shall cause written notice of the termination of an investigation or review under subsection (1) to be

  • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and

  • (b) published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72(1) or a review initiated under subsection 75.4(1).

Review of Orders and Findings

Judicial Review

Marginal note:Application for judicial review

76 Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Courts Act.

Review of Orders and Findings by Tribunal

Marginal note:Interim review of orders by Tribunal

• 76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of

  • (a) the order or finding; or

  • (b) any aspect of the order or finding.

• Marginal note:Exclusion

  (1.1) The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.1(1) or 75.4(6) to the President who shall make a decision relating to that portion of the request under section 75.4.

• Marginal note:Tribunal may re-hear any matter

  (2) In conducting an interim review, the Tribunal may re-hear any matter before deciding it.

• Marginal note:Limitation

  (3) The Tribunal shall not conduct an interim review at the request of any person or government unless the person or government satisfies the Tribunal that the review is warranted.

• Marginal note:Order if interim review not initiated

  (4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.

• Marginal note:Orders on completion of interim review

  (5) The Tribunal, on completion of an interim review

  • (a) under paragraph (1)(a), shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and shall give reasons for making the order; and

  • (b) under paragraph (1)(b), shall make any order in respect of the order or finding as the circumstances require, and shall give reasons for making the order.

• Marginal note:Completion of review

  (6) On completion of an interim review, the Tribunal shall

  • (a) forward to the President and any other persons and governments that are specified by the rules of the Tribunal,

    • (i) without delay after the review is completed, a copy of the order, and

    • (ii) not later than fifteen days after the date of the order, a copy of the reasons for the order; and

  • (b) cause notice of the order to be published in the Canada Gazette.

• Marginal note:Expiry of order

  (7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires on the day on which the Tribunal makes an order under subsection 76.03(12).

Review on Referral Back

Marginal note:Review of orders by Tribunal on referral back and re-hearing

• 76.02 (1) If the Tribunal receives notice of action taken under paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or finding of the Tribunal, other than an order or finding described in any of sections 3 to 6, applies, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

• Marginal note:Limitation

  (2) The Tribunal shall not conduct a review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.

• Marginal note:Review of orders by Tribunal on referral back and re-hearing

  (3) If an order or finding of the Tribunal is referred back to the Tribunal under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

• Marginal note:Completion of review

  (4) On completion of a review, the Tribunal shall confirm the order or finding or rescind it and make any other order or finding with respect to the goods to which the order or finding under review applies as the nature of the matter may require, shall give reasons for the decision and, if it makes another order or finding, shall declare to what goods, including, if applicable, from what supplier and from what country of export, the order or finding applies.

• Marginal note:Notice

  (5) On completion of a review, the Tribunal shall

  • (a) forward to the President and the other persons and governments that are specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary,

    • (i) without delay after the review is completed, a copy of the order or finding made under subsection (4), and

    • (ii) not later than fifteen days after the completion of the review, a copy of the reasons for the decision; and

  • (b) cause notice of the order or finding to be published in the Canada Gazette.

Expiry Review

Marginal note:Review

• 76.03 (1) The Tribunal shall initiate an expiry review with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable:

  • (a) if no order continuing the order or finding has been made under paragraph (12)(b), the day on which the order or finding was made; and

  • (b) if one or more orders continuing the order or finding have been made under paragraph (12)(b), the day on which the last order was made.

• Marginal note:Termination of review

  (2) The Tribunal may terminate an expiry review at any time if, in the Tribunal’s opinion, the review is not supported by domestic producers. Upon terminating a review, the Tribunal shall without delay cause notice of the termination to be given to the President and all other persons and governments specified in the rules of the Tribunal.

• (3) [Repealed, 2022, c. 10, s. 201]

• (4) [Repealed, 2022, c. 10, s. 201]

• (5) [Repealed, 2022, c. 10, s. 201]

• Marginal note:Notice

  (6) Upon initiating an expiry review, the Tribunal shall without delay

  • (a) cause notice of the review to be given to

    • (i) the President, and

    • (ii) all other persons and governments specified in the rules of the Tribunal; and

  • (b) [Repealed, 2022, c. 10, s. 201]

  • (c) cause to be published in the Canada Gazette notice of initiation of the review that includes the information set out in the rules of the Tribunal.

• Marginal note:President’s determination and notice

  (7) Unless the expiry review is terminated under subsection (2), the President shall

  • (a) within 150 days after the day on which the notice is received under subparagraph (6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and

  • (b) provide the Tribunal with notice of the determination without delay after making it.

• Marginal note:Consequences of President’s determination

  (8) If the President determines that the expiry of the order or finding in respect of any goods is unlikely to result in a continuation or resumption of dumping or subsidizing, the Tribunal shall not take those goods into account in assessing the cumulative effect of dumping or subsidizing under subsection (11).

• Marginal note:Consequences of President’s determination

  (9) If the President determines that the expiry of the order or finding in respect of any goods is likely to result in a continuation or resumption of dumping or subsidizing, the President shall without delay provide the Tribunal with any information and material with respect to the matter that is required under the rules of the Tribunal.

• Marginal note:Tribunal’s determination

  (10) If the President makes a determination described in subsection (9), the Tribunal shall, within 160 days after the day on which that determination was received, determine whether the expiry of the order or finding in respect of the goods referred to in that subsection is likely to result in injury or retardation.

• Marginal note:Assessment of cumulative effect

  (11) For the purpose of subsection (10), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the determination of the President described in subsection (9) applies that are imported into Canada from more than one country if the Tribunal is satisfied that an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the order or finding applies that are imported into Canada from any of those countries and

  • (a) goods to which the order or finding applies that are imported into Canada from any other of those countries; or

  • (b) like goods of domestic producers.

• Marginal note:Order of Tribunal

  (12) The Tribunal shall make an order

  • (a) rescinding the order or finding in respect of goods

    • (i) referred to in subsection (8),

    • (ii) in respect of which it determines that the expiry of the order or finding is unlikely to result in injury or retardation, or

    • (iii) in respect of which it terminated an expiry review under subsection (2); or

  • (b) continuing the order or finding, with or without amendment, in respect of goods which it determines that the expiry of the order or finding is likely to result in injury or retardation.

• Marginal note:Review period

  (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered:

  • (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which the review is initiated under subsection (1) but before the day on which the order of the Tribunal is made under subsection (12); and

  • (b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) or 75.6(5) in respect of the order or finding under review.

• Marginal note:Expiry of anti-circumvention order

  (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires on the day on which the Tribunal makes an order under subsection (12).