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Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Assented to 2014-06-19

PART 6VARIOUS MEASURES

Division 29Administrative Tribunals Support Service of Canada Act

Consequential Amendments

Marginal note:1988, c. 65, s. 36

 Subparagraph 53.1(2)(a)(ii) of the Act is replaced by the following:

  • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal and the Canadian Secretary; and

Marginal note:1993, c. 44, s. 216; 2005, c. 38, par. 134(z.15)

 Subsection 61(1) of the Act is replaced by the following:

Marginal note:Appeal to Tribunal
  • 61. (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made.

Marginal note:1999, c. 12, s. 36
  •  (1) Subsection 76.01(4) of the Act is replaced by the following:

    • 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:1999, c. 12, s. 36

    (2) The portion of subsection 76.01(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Completion of review

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

Marginal note:1999, c. 12, s. 36

 The portion of subsection 76.02(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Notice

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

Marginal note:1999, c. 12, s. 36
  •  (1) Subsection 76.03(5) of the Act is replaced by the following:

    • 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 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:1999, c. 12, s. 36

    (2) The portion of subsection 76.03(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Notice

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

Marginal note:1988, c. 65, s. 42

 Section 77.14 of the French version of the Act is replaced by the following:

Marginal note:Dossier

77.14 Une fois les membres choisis, l’autorité compétente fait transmettre, conformément aux règles, copie du dossier administratif.

 Paragraph 90(c) of the Act is replaced by the following:

  • (c) shall not, if a statement pursuant to paragraph 89(2)(b) is made in the request, give its ruling on the question until after it makes an order or finding in the inquiry commenced as a consequence of its receipt of notice of the preliminary determination referred to in that paragraph, unless, after the request is made to the Tribunal, it receives notice pursuant to subsection 41(4) that the investigation has been terminated pursuant to subsection 41(1) in respect of the goods specified in the preliminary determination, in which case the Tribunal shall give its ruling on the question forthwith after it receives that notice.

Marginal note:2005, c. 38, par. 134(z.34)
  •  (1) The portion of paragraph 91(3)(b) of the Act before subparagraph (i) is replaced by the following:

    • (b) the Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons and governments as may be specified by the rules of the Tribunal

  • Marginal note:1988, c. 65, s. 43(1)

    (2) Paragraph 91(3)(c) of the Act is replaced by the following:

    • (c) where the Tribunal makes another order or finding pursuant to paragraph (a), it shall cause notice of the order or finding to be published in the Canada Gazette.

Marginal note:Replacement of references  — “Secretary”

 The Act is amended by replacing “Secretary” with “Tribunal” in the following provisions:

  • (a) subparagraph 34(1)(a)(i);

  • (b) subparagraph 35(2)(b)(i);

  • (c) paragraph 38(3)(b);

  • (d) paragraphs 41(3)(b) and (4)(b);

  • (e) paragraph 41.1(1)(b);

  • (f) subsection 45(2);

  • (g) paragraphs 52(1)(e) and (1.1)(e);

  • (h) subsection 53(4);

  • (i) subparagraph 53.1(1)(a)(ii);

  • (j) subsection 61(2);

  • (k) subsection 76.03(2) and paragraph 76.03(7)(b); and

  • (l) subparagraph 91(1)(d)(ii).

Marginal note:Application

 The following provisions of the Act, as enacted or amended by sections 429 to 443, apply to goods of a NAFTA country, as defined in subsection 2(1) of the Act:

  • (a) subparagraph 34(1)(a)(i) and subsection 34(2);

  • (b) paragraph 35(2)(b);

  • (c) paragraph 38(3)(b);

  • (d) paragraphs 41(3)(b) and (4)(b);

  • (e) subsections 41.1(1) and (2);

  • (f) subsections 42(1) and (2);

  • (g) subsections 43(1) to (3);

  • (h) subsection 44(2);

  • (i) subsection 45(2);

  • (j) subsection 47(3);

  • (k) paragraphs 52(1)(e) and (1.1)(e);

  • (l) subsection 53(4);

  • (m) subsections 53.1(1) and (2);

  • (n) subsections 61(1) and (2);

  • (o) subsections 76.01(4) and (6);

  • (p) subsection 76.02(5);

  • (q) subsections 76.03(2), (5) and (6) and paragraph 76.03(7)(b);

  • (r) section 77.14;

  • (s) paragraph 90(c); and

  • (t) subparagraph 91(1)(d)(ii) and paragraphs 91(3)(b) and (c).

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:1997, c. 36, s. 172
  •  (1) Paragraph 71(1)(b) of the Customs Act is replaced by the following:

    • (b) in sections 67 and 68, the expression “court” is deemed to be substituted for the expression “Canadian International Trade Tribunal”.

  • Marginal note:1990, c. 17, s. 16(1); 1998, c. 30, par. 12(a)

    (2) The definition “clerk of the court” in subsection 71(2) of the Act is repealed.

Marginal note:Replacement of references  — “the Secretary of the Canadian International Trade Tribunal”

 The Act is amended by replacing “the Secretary of the Canadian International Trade Tribunal” with “the Canadian International Trade Tribunal” in the following provisions:

  • (a) subsection 60.2(2);

  • (b) subsections 67(1) and (2); and

  • (c) subsection 67.1(3).

R.S., c. 19 (2nd Supp.)Competition Tribunal Act

 Section 14 of the Competition Tribunal Act is repealed.

 Paragraph 16(1)(b) of the Act is replaced by the following:

  • (b) for carrying out the work of the Tribunal and the management of its internal affairs.

R.S., c. 20 (4th Supp.)Canada Agricultural Products Act

Marginal note:1995, c. 40, s. 29

 Section 4.3 of the Canada Agricultural Products Act is replaced by the following:

Marginal note:Contractual assistance

4.3 The Board may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Board to advise and assist it in the exercise of its powers or the performance of its duties and functions under this Act.

 

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