161. The Act is amended by adding the following after section 31:
No investigation where subsidy notified	31.1 (1) Subject to subsections (2) and (3), the Deputy Minister may not initiate an investigation with respect to a subsidy that has been notified to the Committee, in accordance with Article 8.3 of the Subsidies Agreement, as being a non-actionable subsidy.
Where determination that subsidy is actionable	(2) Subject to subsection (3), the Deputy Minister may initiate an investigation with respect to a subsidy referred to in subsection (1) where there is a determination that the subsidy is not a non-actionable subsidy by
	(a) the Committee, as the result of a review of the notification pursuant to a request under Article 8.4 of the Subsidies Agreement; or
	(b) an arbitration body as a result of the submission to binding arbitration under Article 8.5 of the Subsidies Agreement of
	(i) a determination by the Committee that the subsidy is a non-actionable subsidy, or
	(ii) the failure of the Committee to make a determination pursuant to a request under Article 8.4 of the Subsidies Agreement.
Where redeterminatio n that subsidy is actionable	(3) The Deputy Minister may initiate an investigation with respect to a subsidy that was determined, by the Committee or an arbitration body, to be a non-actionable subsidy where the Committee or an arbitration body makes a redetermination that the subsidy is no longer a non-actionable subsidy.
Notification	(4) The Deputy Minister shall forthwith notify the Deputy Minister of Finance and the complainant where the Deputy Minister is of the opinion that
	(a) a subsidy that was not notified to the Committee in accordance with Article 8.3 of the Subsidies Agreement is a non-actionable subsidy; or
	(b) a subsidy that was determined by the Committee or an arbitration body to be a non-actionable subsidy may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be a non-actionable subsidy.
Where Deputy Minister of Finance receives notification	(5) The Deputy Minister of Finance shall, on receipt of notification under subsection (4), notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of the matters referred to in paragraphs (4)(a) and (b).
	162. Paragraph 32(1)(a) of the Act is replaced by the following:
	(a) where the complaint is properly documented, cause the complainant and the government of the country of export to be informed in writing that the complaint was received and that it is properly documented; or
	163. Section 33 of the Act is replaced by the following:
Where Deputy Minister decides not to initiate investigation	33. (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the Deputy Minister decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the Deputy Minister shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export.
Reference to Tribunal	(2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the Deputy Minister decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the Deputy Minister the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the Deputy Minister has so decided has caused injury or retardation or is threatening to cause injury,
	(a) the Deputy Minister may, on the date of the notice referred to in subsection (1), or
	(b) the complainant may, within thirty days after the date of the notice referred to in subsection (1),
	refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the Deputy Minister has so decided has caused injury or retardation or is threatening to cause injury.
	164. (1) Section 34 of the Act is renumbered as subsection 34(1).
	(2) Paragraph 34(1)(b) of the Act is replaced by the following:
	(b) in the case of an investigation initiated pursuant to subsection 31(1), the Deputy Minister may, on the date of the notice given to the complainant pursuant to paragraph (a), or any person or government that was given notice pursuant to paragraph (a) may, within thirty days from the date of the notice, refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of any goods in respect of which the Deputy Minister has caused the investigation to be initiated has caused injury or retardation or is threatening to cause injury.
	(3) Section 34 of the Act is amended by adding the following after subsection (1):
Finding of Tribunal	(2) Where, pursuant to a reference under paragraph (1)(b), the Tribunal advises the Deputy Minister in writing that the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury, the Deputy Minister shall continue the investigation.
	165. Sections 35 and 36 of the Act are replaced by the following:
Termination of investigation	35. (1) Where, at any time before making a preliminary determination under subsection 38(1) in respect of goods imported from a country or countries,
	(a) the Deputy Minister is satisfied in respect of some or all of those goods that
	(i) there is insufficient evidence of dumping or subsidizing to justify proceeding with the investigation,
	(ii) the margin of dumping of, or the amount of subsidy on, the goods from that country or from any of those countries is insignificant, or
	(iii) the actual or potential volume of dumped or subsidized goods is negligible, or
	(b) the Deputy Minister comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury,
	the Deputy Minister shall, subject to subsections (2) and (3),
	(c) cause the investigation to be terminated with respect to the goods in respect of which he is so satisfied or has come to that conclusion, and
	(d) cause notice of the termination to be given and published as provided in paragraph 34(1)(a).
Notice and reference to Tribunal prior to termination	(2) Where, in the case of an investigation described in paragraph (1)(b) respecting the dumping or subsidizing of goods, the Deputy Minister comes to the conclusion referred to in that paragraph in respect of some or all of those goods,
	(a) the Deputy Minister shall cause notice of the conclusion to be given and published as provided in paragraph 34(1)(a); and
	(b) the Deputy Minister, on the date of the notice given to the complainant pursuant to paragraph (a), or any person or government that was given notice pursuant to paragraph (a) may, within thirty days after the date of the notice, refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the Deputy Minister has come to that conclusion has caused injury or retardation or is threatening to cause injury.
Limitation on termination	(3) Where notice is given pursuant to paragraph (2)(a) in an investigation, the Deputy Minister may not terminate the investigation with respect to the goods to which the notice relates by reason only that the Deputy Minister has come to the conclusion referred to in paragraph (1)(b) in respect of those goods,
	(a) where no reference is made to the Tribunal pursuant to paragraph (2)(b) within the thirty days referred to in that paragraph, until the thirty days have expired; or
	(b) where a reference is made to the Tribunal, unless and until the Tribunal advises that in its opinion the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.
Termination of investigation	36. Where a reference is made to the Tribunal pursuant to paragraph 34(1)(b) and the Tribunal advises with respect to any of the goods that are the subject of the reference that the evidence does not disclose a reasonable indication that the dumping or subsidizing of those goods has caused injury or retardation or is threatening to cause injury, the Deputy Minister shall terminate the investigation in respect of those goods forthwith after receipt of the advice and shall cause notice of the termination to be given and published as provided in paragraph 34(1)(a).
	166. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:
Preliminary determination of dumping or subsidizing and of injury, etc.	38. (1) Subject to sections 39 and 40, after the fifty-ninth day and on or before the ninetieth day following the initiation of an investigation under section 31, the Deputy Minister shall make a preliminary determination of dumping or subsidizing with respect to the goods in respect of which the investigation has not been terminated pursuant to section 35 or 36 and that there is evidence that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury after estimating and specifying, in relation to each exporter of goods in respect of which the investigation is made, as follows:
	(2) Subparagraph 38(1)(b)(iii) of the Act is replaced by the following:
	(iii) subject to subsection (2), where the whole or any part of the subsidy on the goods to which the preliminary determination applies is a prohibited subsidy, specifying that there is a prohibited subsidy on the goods and estimating the amount of the prohibited subsidy thereon; and
	(3) Subsection 38(2) of the Act is replaced by the following:
Exception	(2) The Deputy Minister shall not specify or estimate anything pursuant to subparagraph (1)(b)(iii) where the Deputy Minister is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods on which there is an export subsidy and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country's obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.
	(4) The portion of subsection 38(3) of the Act before paragraph (b) is replaced by the following:
Notice of preliminary determination	(3) Where the Deputy Minister makes a preliminary determination under subsection (1), the Deputy Minister shall
	(a) cause notice of the determination to be given and published as provided in paragraph 34(1)(a); and
	167. (1) The portion of subsection 41(1) of the Act before subparagraph (a)(iii) is replaced by the following:
Final determination or termination	41. (1) Within ninety days after making a preliminary determination under subsection 38(1) in respect of goods imported from a country or countries, the Deputy Minister shall
	(a) where, on the available evidence, the Deputy Minister is satisfied, in relation to the goods from that country or countries in respect of which the investigation is made, that
	(i) the goods have been dumped or subsidized,
	(ii) the margin of dumping of, or the amount of subsidy on, the goods from that country or from any of those countries is not insignificant, and
	(ii.1) either the actual or potential volume of dumped or subsidized goods is not negligible,
	make a final determination of dumping or subsidizing with respect to the goods after specifying, in relation to each exporter of goods from that country or countries in respect of which the investigation is made as follows:
	(2) Clause 41(1)(a)(iv)(C) of the Act is replaced by the following:
	(C) subject to subsection (2), where the whole or any part of the subsidy on the goods is a prohibited subsidy, specify ing the amount of the prohibited subsidy on the goods; or
	(3) Paragraph 41(1)(b) of the Act is replaced by the following:
	(b) where, on the available evidence, there is no exporter described in paragraph (a) with respect to whom the Deputy Minister is satisfied in accordance with that paragraph, cause the investigation to be terminated with respect to the goods.
	168. The Act is amended by adding the following after section 41.1:
Deputy Minister to be guided by Canada's obligations	41.2 The Deputy Minister shall, in an investigation respecting the subsidizing of any goods, take into account the provisions of paragraphs 10 and 11 of Article 27 of the Subsidies Agreement.
	169. Section 42 of the Act is replaced by the following:
Tribunal to make inquiry	42. (1) The Tribunal, forthwith after receipt by the Secretary pursuant to subsection 38(3) of a notice of a preliminary determination, shall make inquiry with respect to such of the following matters as is appropriate in the circumstances:
	(a) in the case of any goods to which the preliminary determination applies, as to whether the dumping or subsidizing of the goods
	(i) has caused injury or retardation or is threatening to cause injury, or
	(ii) would have caused injury or retardation except for the fact that provisional duty was imposed in respect of the goods;
	(b) in the case of any dumped goods to which the preliminary determination applies, as to whether
	(i) either
	(A) there has occurred a considerable importation of like goods that were dumped, which dumping has caused injury or would have caused injury except for the application of anti- dumping measures, or
	(B) the importer of the goods was or should have been aware that the ex porter was practising dumping and that the dumping would cause injury, and
	(ii) injury has been caused by reason of the fact that the dumped goods
	(A) constitute a massive importation into Canada, or
	(B) form part of a series of importa tions into Canada, which importations in the aggregate are massive and have occurred within a relatively short peri od of time,
	and it appears necessary to the Tribunal that duty be assessed on the imported goods in order to prevent the recurrence of that injury; and
	(c) in the case of any subsidized goods in respect of which a specification has been made pursuant to clause 41(1)(a)(iv)(C) and to which the preliminary determination applies as to whether
	(i) injury has been caused by reason of the fact that the subsidized goods
	(A) constitute a massive importation into Canada, or
	(B) form part of a series of importa tions into Canada, which importations in the aggregate are massive and have occurred within a relatively short peri od of time, and
	(ii) a countervailing duty should be imposed on the subsidized goods in order to prevent the recurrence of that injury.
Tribunal to make or resume inquiry	(2) Where the Secretary receives a notice pursuant to paragraph 52(1)(e) in respect of goods with respect to which an undertaking or undertakings have been terminated, the Tribunal shall, unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as to whether the dumping or subsidizing
	(a) has caused injury or retardation or is threatening to cause injury; or
	(b) would have caused, during any period after the undertaking or undertakings, as the case may be, with respect to the goods were accepted, injury, retardation or threat of injury except for that acceptance.
Assessment of cumulative effect	(3) In making or resuming its inquiry under subsection (1), the Tribunal may make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the preliminary determination applies that are imported into Canada from more than one country if