1988, c. 65, s. 137

135. Subsection 37(1) of the Act is replaced by the following:

Ministerial opinions

37. (1) Where any question arises under this Act as to whether an individual or an entity is a Canadian, the Minister shall, on application by or on behalf of the individual or entity, forthwith consider the application and any information and evidence submitted therewith and, unless the Minister concludes that the information and evidence submitted therewith is not sufficient to enable the Minister to reach an opinion on the question, shall provide the applicant with a written opinion for the guidance of the applicant.

R.S., c. I-22

Investment Companies Act

136. The portion of subsection 3(2) of the Investment Companies Act before paragraph (a) is replaced by the following:

Exemption from application

(2) The Minister may exempt any investment company from the application of this Act if the Minister is satisfied that

1988, c. 65, s. 138; 1991, c. 47, s. 737; 1993, c. 44, s. 180

137. The heading before section 13.1 and sections 13.1 to 19 of the Act are repealed.

138. Subsection 20(1) of the Act is replaced by the following:

Definitions

20. (1) In this section and section 21,

``Corporation' '
« Société »

``Corporation'' means the Canada Deposit Insurance Corporation;

``sales finance company''
« société de crédit »

``sales finance company'' means an investment company at least twenty-five per cent of the assets of which, valued in accordance with the regulations, consist of

      (a) loans, whether secured or unsecured, made by the company, or

      (b) purchases by the company of conditional sales contracts, accounts receivable, bills of sale, chattel mortgages, bills of exchange, promissory notes or other obligations representing part or all of the sale price of merchandise or services,

    and the value of assets of an investment company deemed by subsection 2(4) not to be assets that consist of loans described in paragraph (a) of the definition ``business of investment'' in subsection 2(1) shall not be included in calculating the aggregate value of its assets described in paragraphs (a) and (b).

Loans by Corporation

(1.1) Where the Corporation is satisfied that a sales finance company has substantially exhausted the sources of funds reasonably available to it, the Corporation may, out of amounts advanced to the Corporation pursuant to section 33, make short term loans to the sales finance company secured by such security as the Corporation deems adequate, to enable the sales finance company to meet requirements for liquid funds to discharge its maturing debt obligations.

R.S., c. 18 (3rd Supp.), s. 139

139. Section 21 of the Act is replaced by the following:

Information to be available to the Corporation

21. (1) The Corporation, in relation to the exercise of its powers under section 20, is entitled to review all information filed in the Office of the Superintendent of Financial Institutions or provided or submitted to or filed with the Superintendent by a sales finance company and by the president, manager, secretary and auditor of the company pursuant to sections 5 to 8.

Examination by and information through Superintenden t

(2) The Superintendent shall, notwithstanding any other Act of Parliament, at the request of the Corporation made in relation to the exercise of its powers under section 20,

    (a) examine on behalf of the Corporation the affairs of a sales finance company; and

    (b) obtain for review by the Corporation any information relating to a sales finance company that the Superintendent can reasonably obtain pursuant to section 5, 6, 7 or 8 or that can reasonably be obtained by an examiner.

Report to Minister and Corporation

(3) Where, pursuant to section 25 or 27, the Superintendent makes a special report to the Minister in relation to a sales finance company, the Superintendent shall send a copy thereof to the Corporation and shall advise the Corporation of any action taken by the Minister as a consequence of the report.

R.S., c. M-3

Meat Import Act

Repeal of R.S., c. M-3

140. The Meat Import Act is repealed.

R.S., c. P-4

Patent Act

141. Section 2 of the Patent Act is amended by adding the following in alphabetical order:

``country''
« pays »

``country'' includes a Member of the World Trade Organization, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act;

142. Section 19.1 of the Act is amended by adding the following after subsection (3):

Limitation on use of semi-conduct or technology

(4) The Commissioner may not, under section 19, authorize any use of semi-conductor technology other than a public non-commercial use.

R.S., c. P-9

Pest Control Products Act

1993, c. 44, s. 200

143. Subsections 6(2) and (3) of the Pest Control Products Act are replaced by the following:

Regulations re NAFTA and WTO Agreement

(2) Without limiting the authority conferred by subsection (1), the Governor in Council may make such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to control products, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the World Trade Organization Agreement.

Definitions

(3) In subsection (2),

``North American Free Trade Agreement''
« Accord de libre-échange nord-américai n »

``North American Free Trade Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the North American Free Trade Agreement Implementation Act;

``World Trade Organization Agreement''
« Accord sur l'OMC »

``World Trade Organization Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act.

R.S., c. S-15

Special Import Measures Act

144. (1) The definitions ``amount of the subsidy'', ``material injury'' and ``Subsidies and Countervailing Duties Agreement'' in subsection 2(1) of the Special Import Measures Act are repealed.

(2) The definitions ``margin of dumping'', ``order or finding'', ``properly documented'', ``retardation'' and ``subsidy'' in subsection 2(1) of the Act are replaced by the following:

``margin of dumping''
« marge de dumping »

``margin of dumping'', in relation to any goods, means, subject to sections 30.1, 30.2 and 30.3, the amount by which the normal value of the goods exceeds the export price of the goods;

``order or finding''
« ordonnance ou conclusions »

``order or finding'', in relation to the Tribunal,

      (a) means an order or finding made by the Tribunal pursuant to section 43 or 44 that has not been rescinded pursuant to subsection 91(3), and

      (b) includes, for the purposes of sections 3 to 6, 76 and 76.1, an order or finding made by the Tribunal pursuant to subsection 91(3)

    that has not been rescinded pursuant to section 76 or 76.1 but, where the order or finding has been amended one or more times pursuant to either of those sections, as last so amended;

``properly documented''
« dossier complet »

``properly documented'', in relation to a complaint respecting the dumping or subsidizing of goods, means that

      (a) the complaint

        (i) alleges that the goods have been or are being dumped or subsidized, speci fies the goods and alleges that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury,

        (ii) states in reasonable detail the facts on which the allegations referred to in subparagraph (i) are based, and

        (iii) makes such other representations as the complainant deems relevant to the complaint, and

      (b) the complainant provides

        (i) such information as is available to the complainant to prove the facts referred to in subparagraph (a)(ii),

        (ii) such information as is prescribed, and

        (iii) such other information as the Deputy Minister may reasonably re quire;

``retardation''
« retard »

``retardation'' means material retardation of the establishment of a domestic industry;

``subsidy''
« subvention »

``subsidy'' means

      (a) a financial contribution by a government of a country other than Canada in any of the circumstances outlined in subsection (1.6) that confers a benefit to persons engaged in the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export or import of goods but does not include the amount of any duty or internal tax imposed on goods by the government of the country of origin or country of export from which the goods, because of their exportation from the country of export or country of origin, have been exempted or have been or will be relieved by means of refund or drawback, or

      (b) any form of income or price support within the meaning of Article XVI of the General Agreement on Tariffs and Trade, 1994, being part of Annex 1A to the WTO Agreement, that confers a benefit;

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``amount of subsidy''
« montant de subvention»

``amount of subsidy'', in relation to any goods, means the amount determined in accordance with section 30.4;

``arbitration body''
« organe d'arbitrage »

``arbitration body'' means the arbitration body referred to in Article 8.5 of the Subsidies Agreement;

``Committee''
« Comité »

``Committee'' means the Committee on Subsidies and Countervailing Measures established by Article 24 of the Subsidies Agreement;

``domestic industry''
« branche de production nationale »

``domestic industry'' means, other than for the purposes of section 31 and subject to subsection (1.1), the domestic producers as a whole of the like goods or those domestic producers whose collective production of the like goods constitutes a major proportion of the total domestic production of the like goods except that, where a domestic producer is related to an exporter or importer of dumped or subsidized goods, or is an importer of such goods, ``domestic industry'' may be interpreted as meaning the rest of those domestic producers;

``enterprise''
« entreprise »

``enterprise'' includes a group of enterprises, an industry and a group of industries;

``export subsidy''
« subvention à l'exportation »

``export subsidy'' means a subsidy or portion of a subsidy that is contingent, in whole or in part, on export performance;

``injury''
« dommage »

``injury'' means material injury to a domestic industry;

``insignificant ''
« minimale »

``insignificant'' means,

      (a) in relation to a margin of dumping, a margin of dumping that is less than two per cent of the export price of the goods, and

      (b) in relation to an amount of subsidy, an amount of subsidy that is less than one per cent of the export price of the goods;

``negligible''
« négligeable »

``negligible'' means, in respect of the volume of dumped goods of a country,

      (a) less than three per cent of the total volume of goods that are released into Canada from all countries and that are of the same description as the dumped goods,

    except that

      (b) where the total volume of dumped goods of three or more countries, each of whose exports of dumped goods into Canada is less than three per cent of the total volume of goods referred to in paragraph (a), is more than seven per cent of the total volume of goods referred to in paragraph (a),

    the volume of dumped goods of any of those countries is not negligible;

``non-actiona ble subsidy''
« subventions ne donnant pas lieu à une action »

``non-actionable subsidy'' means

      (a) a subsidy that is not specific as determined pursuant to subsections (7.1) to (7.4),

      (b) a subsidy for

        (i) industrial research assistance,

        (ii) pre-competitive development as sistance,

        (iii) assistance to disadvantaged re gions,

        (iv) assistance for the adaptation of existing facilities to new environmen tal standards, or

        (v) assistance for research activities conducted by institutions of higher education and independent research establishments,

      that meets the prescribed criteria, or

      (c) subject to subsection (1.4), a domestic support measure for an agricultural product listed in Annex 1 of the Agreement on Agriculture, being part of Annex 1A to the WTO Agreement, that conforms to the provisions of Annex 2 to the Agreement on Agriculture;

``prohibited subsidy''
« subvention prohibée »

``prohibited subsidy'' means a subsidy that is prohibited by virtue of being

      (a) an export subsidy, or

      (b) a subsidy or portion of a subsidy that is contingent, in whole or in part, on the use of goods that are produced or that originate in the country of export;

``Subsidies Agreement''
« Accord sur les subventions »

``Subsidies Agreement'' means the Agreement on Subsidies and Countervailing Measures, being part of Annex 1A to the WTO Agreement;

``WTO Agreement''
« Accord sur l'OMC »

``WTO Agreement'' has the meaning assigned to the term ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act.

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

When domestic industry based on regional markets

(1.1) In exceptional circumstances, the territory of Canada may, for the production of any goods, be divided into two or more regional markets and the domestic producers of like goods in any of those markets may be considered to be a separate domestic industry where