Canadian International Trade Tribunal Regulations (SOR/89-35)

1 [Repealed, SOR/2017-143, s. 2]

Interpretation

2 In these Regulations, “Act” means the Canadian International Trade Tribunal Act. (Loi)

3 For the purposes of the Act,

domestic production

domestic production means the value or the volume of like or directly competitive goods produced in Canada; (production nationale)

like or directly competitive goods

like or directly competitive goods means

• (a) goods that are identical in all respects to the goods that are the subject of a complaint, or

• (b) in the absence of any identical goods referred to in paragraph (a), goods the uses and other characteristics of which closely resemble those goods that are the subject of a complaint; (marchandises similaires ou directement concurrentes)

other interested party

other interested party, for the purposes of subsections 19.02(2), 25(2), 26(2), (3) and (4), 28(1) and (3), 29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) and (9), 30.012(7) and (10), 30.06(3), 30.07(2) and (3), 30.09(2), 30.3(2) and 30.31(4) and paragraph 30.32(a) of the Act, means

• (a) a domestic producer,

• (a.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods, or an association that includes such trade unions,

• (b) an exporter to Canada or importer into Canada of like or directly competitive goods,

• (c) an association of, or that includes, domestic producers, exporters or importers in Canada of like or directly competitive goods,

• (d) an association whose purpose includes to advocate for consumer interests in Canada,

• (e) the government of any country, mentioned in the report, complaint or extension request referred to in the relevant subsection, or in respect of which the inquiry referred to in the relevant subsection is held, as the case may be, and

• (f) any other person who, because that person’s rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal. (autres intéressés)

Quorum

3.1 For the purposes of reviewing and reporting on developments and providing advice pursuant to section 19.02 of the Act, the Chairman may determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions.

3.2 In order to provide for the efficient management of the resources and caseload of the Tribunal, the Chairman may, taking into account the complexity and precedential nature of the matter at issue, determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions for the purposes of:

• (a) conducting inquiries and reporting on requests for textile tariff relief in respect of the Reference made by the Minister to the Tribunal on July 6, 1994 pursuant to section 19 of the Act;

• (b) hearing, determining, and dealing with any appeal made to the Tribunal pursuant to the Customs Act or the Special Import Measures Act;

• (c) hearing, determining and dealing with any appeal made to the Tribunal pursuant to section 81.19 of the Excise Tax Act in respect of an application for a rebate under section 120 of that Act; or

• (d) making an order under any of section 75.3 and subsections 75.4(8) and 75.6(7) of the Special Import Measures Act.

Factors to Be Examined

• 4 (1) For the purposes of commencing an inquiry under subsection 26(1), 30.07(1), 30.22(3), 30.23(3) or 30.25(7) of the Act, the Tribunal shall, to determine whether paragraph 26(1)(b), 30.07(1)(b), 30.22(3)(b), 30.23(3)(b) or 30.25(7)(b) of the Act, as the case may be, has been satisfied, examine whether a domestic producer is

  • (a) in reality, a domestic producer who produces in Canada like or directly competitive goods;

  • (b) related to an exporter or importer of like or directly competitive goods; and

  • (c) also an importer or exporter of like or directly competitive goods.

• (1.1) For the purposes of commencing an inquiry under subsection 30.01(4), 30.011(5) or 30.012(6) of the Act, the Tribunal shall take into account the factors referred to in paragraphs (1)(a) to (c).

• (2) For the purposes of paragraph (1)(b), an importer or exporter and a domestic producer are related to each other if

  • (a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;

  • (b) one is an officer or director of the other;

  • (c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations;

  • (d) they are partners;

  • (e) one is the employer of the other;

  • (f) they directly or indirectly control or are controlled by the same person;

  • (g) one directly or indirectly controls or is controlled by the other;

  • (h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or

  • (i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other.

• 5 (1) For the purposes of determining, during an inquiry into a matter referred to the Tribunal under paragraph 20(2)(a) of the Act or an inquiry into a complaint referred to in subsection 27(1) or 30.28(1) of the Act, whether the goods that are the subject of the reference or complaint are being imported as set out in that provision, the Tribunal shall examine, among other factors,

  • (a) the actual volume of the goods imported into Canada;

  • (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and

  • (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada.

• (2) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(a), whether there has been a significant increase in the importation into Canada of the goods and, where there has been, the rate and amount of such increase, either absolutely or relative to the production in Canada of like or directly competitive goods.

• (3) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(b),

  • (a) whether the prices of the imported goods have significantly undercut the prices of like or directly competitive goods produced and sold in Canada; and

  • (b) whether the effect of the importation into Canada of the goods has been

    • (i) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

    • (ii) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada.

• (4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all relevant economic factors that have a bearing on domestic producers of like or directly competitive goods or on workers producing such goods, including the actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, the terms and conditions of employment, growth or ability to raise capital or investments.

5.1 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(a) of the Act or an inquiry into a complaint referred to in subsection 30.22(6) of the Act, whether the goods originating in the People’s Republic of China that are the subject of the reference or complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, the Tribunal shall examine, among other factors,

• (a) the actual volume of the goods originating in the People’s Republic of China that are imported into Canada;

• (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and

• (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada.

5.2 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(b) of the Act or an inquiry into a complaint referred to in subsection 30.23(6) of the Act, whether an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Tribunal shall examine, among other factors and to the extent that evidence is reasonably available to support such examination,

• (a) the actual or imminent increase in market share of goods originating in the People’s Republic of China in Canada;

• (b) the nature or extent of the action;

• (c) the actual or imminent increase in the importation of goods originating in the People’s Republic of China that is due to the action;

• (d) the conditions of supply and demand in the domestic market for the like or directly competitive goods; and

• (e) the volume of the goods originating in the People’s Republic of China that are imported into Canada and into any WTO Member taking an action.

6 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether an order continues to be necessary to prevent or remedy serious injury, the Tribunal shall review recent developments in the domestic and world markets relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.

6.1 For the purpose of determining, during an inquiry referred to in subsection 30.25(10) of the Act, whether the order referred to in subsection 30.25(1) of the Act continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Tribunal shall review recent developments in the domestic market and in the market of the People’s Republic of China relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.1.

7 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether there is evidence that domestic producers of like or directly competitive goods are adjusting, the Tribunal shall take into account evidence of measures undertaken or planned by domestic producers of like or directly competitive goods, such as measures to

• (a) increase productivity;

• (b) improve the product, its marketing or its servicing; or

• (c) rationalize production.