Special Import Measures Act

Marginal note:Order or finding deemed to be rescinded

• 76.03 (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of sections 3 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years:

  • (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:Publication of notice

  (2) If an order or finding is to be deemed rescinded under subsection (1), the Secretary shall, not later than ten months before the expiry date of the order or finding under that subsection, cause to be published in the Canada Gazette a notice of expiry setting out the information specified in the rules of the Tribunal.

• Marginal note:Review of orders by Tribunal

  (3) The Tribunal may initiate an expiry review of an order or finding described in any of sections 3 to 6

  • (a) on its own initiative; or

  • (b) at the request of the Minister of Finance, the Commissioner or any other person or of any government, if the request is made within the period specified in the notice of expiry.

• Marginal note:Limitation

  (4) The Tribunal shall not initiate an expiry review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.

• Marginal note:Order of refusal

  (5) If the Tribunal decides not to initiate an expiry 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 Secretary 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:Notice

  (6) If the Tribunal decides to initiate an expiry review, the Secretary shall without delay

  • (a) cause notice of the Tribunal’s decision to be given to

    • (i) the Commissioner, and

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

  • (b) provide the Commissioner with a copy of the administrative record on which it based its decision to initiate a review under subsection (3); and

  • (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:If review initiated

  (7) If the Tribunal decides to initiate an expiry review, the Commissioner shall

  • (a) within one hundred and twenty days after receiving notice 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 Secretary with notice of the determination without delay after making it.

• Marginal note:Consequences of Commissioner’s determination

  (8) If the Commissioner 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 Commissioner’s determination

  (9) If the Commissioner 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 Commissioner 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 Commissioner makes a determination described in subsection (9), the Tribunal shall 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 Commissioner 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), or

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