Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

193 The portion of paragraph 5(a) of the Act after subparagraph (i) is replaced by the following:

194 Subparagraphs 6(a)(i) and (ii) of the Act are replaced by the following:

195 Subsection 31(6) of the Act is replaced by the following:

• 196 (1) Paragraphs 32(1)(a) and (b) of the Act are replaced by the following:

  • (a) if the complaint is properly documented, cause the complainant to be informed in writing that the complaint was received and that it is properly documented; or

  • (b) if the complaint is not properly documented, cause the complainant to be informed in writing that the complaint was received and indicate the information and material needed in order for the complaint to be properly documented.

• (2) Section 32 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Notice of complaint

    (1.1) If the President receives a properly documented written complaint under subsection (1), the President shall cause the government of the country of export to be notified in writing that the complaint was received and that it is properly documented.

  • Marginal note:Timing of notice

    (1.2) The notice shall be provided no later than

    • (a) in the case of a complaint respecting the dumping of goods, seven days before the day on which the President decides whether or not to cause an investigation to be initiated; and

    • (b) in the case of a complaint respecting the subsidizing of goods, 20 days before the day on which the President decides whether or not to cause an investigation to be initiated.

• 197 (1) The portion of subsection 42(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Tribunal to make inquiry

  • 42 (1) The Tribunal, forthwith after receipt of a notice of a preliminary determination under subsection 38(3), shall make inquiry with respect to the following matters:

• (2) The portion of paragraph 42(1)(b) of the Act after subparagraph (i) is replaced by the following:

  • (ii) injury has been caused by a massive importation of the goods into Canada and the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1); and

• (3) Subparagraphs 42(1)(c)(i) and (ii) of the Act are replaced by the following:

  • (i) injury has been caused by a massive importation of the goods into Canada, and

  • (ii) the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1).

198 Paragraph 71(c) of the Act is replaced by the following:

199 Subsection 72(1) of the Act is replaced by the following:

200 Subsection 76.01(7) of the Act is replaced by the following:

• 201 (1) The portion of subsection 76.03(1) of the Act before paragraph (a) is replaced by the following:

  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:

• (2) Subsections 76.03(2) to (5) of the Act are replaced by the following:

  • 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) The portion of subsection 76.03(6) of the Act before subparagraph (a)(i) is replaced by the following:

  • Marginal note:Notice

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

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

• (4) Subsection 76.03(6) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraph (b).

• (5) The portion of subsection 76.03(7) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:President’s determination and notice

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

• (6) Paragraph 76.03(12)(a) of the Act is amended by striking out “or” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

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

• (7) Paragraph 76.03(13)(a) of the Act is replaced by the following:

  • (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

• (8) Subsection 76.03(14) of the Act is replaced by the following:

  • 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).

202 Paragraph (g) of the definition definitive decisions in subsection 77.01(1) of the Act is replaced by the following:

203 Paragraph (g) of the definition definitive decision in subsection 77.1(1) of the Act is replaced by the following:

204 Section 88.1 of the Act is repealed.

205 Paragraph 96.1(1)(d) of the Act is replaced by the following:

206 Subparagraph 97(1)(a.1)(v) of the Act is replaced by the following:

Transitional Provisions

Marginal note:Definitions

• 207 (1) The following definitions apply in this section and sections 208 to 211.

  commencement day

  commencement day means the day on which this Act receives royal assent. (date de référence)

  former Act

  former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)

• Marginal note:Words and expressions

  (2) Words and expressions used in sections 208 to 211 have the same meaning as in the Special Import Measures Act.

Marginal note:Disposition of complaints

208 If, before the commencement day, the President receives a written complaint respecting the dumping or subsidizing of goods under subsection 31(1) of the former Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.

Marginal note:Anti-circumvention complaints

209 If, before the commencement day, the President receives a written complaint under subsection 72(1) of the former Act respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7 of that Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.

Marginal note:Interim reviews — on request

• 210 (1) If, before the commencement day, the Tribunal receives a request to conduct an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, any interim review is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.

• Marginal note:Interim reviews — Tribunal’s initiative

  (2) If, before the commencement day, the Tribunal initiates, on its own initiative, an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, the interim review is to be continued and disposed of in accordance with that Act.

Marginal note:Expiry reviews

211 If, before the commencement day, a notice of expiry respecting an order or finding has been published under subsection 76.03(2) of the former Act, any expiry review in respect of the order or finding is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.

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

212 Subsection 2(1) of the Canadian International Trade Tribunal Act is amended by adding the following in alphabetical order:

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

• 214 (1) Subsection 23(1) of the Act is replaced by the following:

  Marginal note:Filing of complaint

  • 23 (1) Any of the following may file a written complaint with the Tribunal alleging that goods are being imported into Canada in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods:

    • (a) a domestic producer of the like or directly competitive goods;

    • (b) a person or association acting on behalf of the domestic producer;

    • (c) a trade union whose members are engaged in the Canadian production of the like or directly competitive goods.

• (2) Paragraphs 23(2)(b) and (c) of the Act are replaced by the following:

  • (b) in the case of a complaint filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;

  • (b.1) in the case of a complaint filed by a trade union,

    • (i) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and

    • (ii) provide evidence that one or more domestic producers of the like or directly competitive goods support the complaint and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and

  • (c) make any other representations that the complainant considers relevant to the matter.

• (3) Paragraph 23(3)(a) of the English version of the Act is replaced by the following:

  • (a) such information as is available to the complainant to prove the facts referred to in paragraph (2)(a) and to substantiate the estimates referred to in paragraph (2)(b) or (b.1); and

215 Paragraph 26(1)(b) of the Act is replaced by the following:

216 Section 30.04 of the Act is amended by adding the following after subsection (1):

• 217 (1) Paragraphs 30.05(1)(b) and (c) of the Act are replaced by the following:

  • (b) in the case of an extension request filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;

  • (b.1) in the case of an extension request filed by a trade union,

    • (i) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and

    • (ii) provide evidence that one or more domestic producers of the like or directly competitive goods support the request and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and

  • (c) make any other representations that the requester considers relevant to the matter.

• (2) Paragraph 30.05(2)(a) of the English version of the Act is replaced by the following:

  • (a) such information as is available to the requester to prove the facts referred to in paragraph (1)(a) and to substantiate the estimates referred to in paragraph (1)(b) or (b.1); and