(b) the Tribunal review any order or finding described in any of sections 3 to 6, or any portion of such an order or finding and, in making the review, the Tribunal may re-hear any matter before deciding it.
Result of review	(2) On completion of a review under subsection (1), the Deputy Minister or the Tribunal, as the case may be, shall
	(a) continue the decision, determination, order or finding without amendment;
	(b) continue the decision, determination, order or finding with such amendments as the Deputy Minister or the Tribunal, as the case may be, considers necessary; or
	(c) rescind the decision, determination, order or finding and make such other decision, determination, order or finding as the Deputy Minister or the Tribunal, as the case may be, considers necessary.
Reasons	(3) Where a decision, determination, order or finding is continued under paragraph (2)(a) or (b) or made under paragraph (2)(c), the Deputy Minister or the Tribunal, as the case may be, shall give reasons therefor and shall set out to what goods, including, where practicable, the name of the supplier and the country of export, the decision, determination, order or finding applies.
Notification of Minister of Finance	(4) The Deputy Minister or the Tribunal, as the case may be, shall notify the Minister of Finance of any decision, determination, order or finding continued under paragraph (2)(a) or (b) or made under paragraph (2)(c).
Deeming	(5) Any decision or determination continued by the Deputy Minister under paragraph (2)(b) or made by the Deputy Minister under paragraph (2)(c) is deemed to have been made under
	(a) paragraph 41(1)(a), where the decision or determination was continued or made as a result of a review under this section of a final determination of the Deputy Minister under that paragraph;
	(b) paragraph 41(1)(b), where the decision or determination was continued or made as a result of a review under this section of a decision of the Deputy Minister under that paragraph to cause an investigation to be terminated; or
	(c) subsection 53(1), where the decision or determination was continued or made as a result of a review under this section of a decision of the Deputy Minister under that subsection to renew or not to renew an undertaking.
	180. The definition ``definitive decision'' in subsection 77.01(1) of the Act is amended by adding the following after paragraph (i):
	(i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c);
	181. The definition ``definitive decision'' in subsection 77.1(1) of the Act is amended by adding the following after paragraph (i):
	(i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c);
	182. (1) Paragraph 85(1)(b) of the Act is replaced by the following:
	(b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement
	(i) that such a non-confidential edited version or non-confidential summary cannot be made, or
	(ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential,
	together with an explanation that justifies the making of any such statement.
	(2) Paragraphs 85(2)(a) and (b) of the Act are replaced by the following:
	(a) the person does not provide a non-confidential edited version, a non-confidential summary or a statement referred to in paragraph (1)(b);
	(b) the person provides a non-confidential edited version or a non-confidential summary of the information designated as confidential pursuant to paragraph (1)(a), but the Deputy Minister is satisfied that it does not comply with paragraph (1)(b);
1988, c. 65, s. 44	183. Subsection 96.1(5) of the Act is replaced by the following:
Hearing in summary way	(5) An application under this section shall be heard and determined without delay and in a summary way in accordance with the rules made in respect of applications for judicial review pursuant to sections 18.1 and 28 of the Federal Court Act.
	184. (1) Subsection 97(1) of the Act is amended by adding the following after paragraph (a):
	(a.1) prescribing the factors that may be considered in determining whether the dumping or subsidizing of any goods has caused injury or retardation or is threatening to cause injury;
	(2) Paragraph 97(1)(c) of the Act is repealed.
	(3) Paragraph 97(1)(e) of the Act is replaced by the following:
	(e) defining the expressions ``cost of production'', ``a reasonable amount for administrative, selling and all other costs'' and ``a reasonable amount for profits'' for the purpose of paragraph 19(b) or subparagraph 20(c)(ii);
	(e.1) prescribing the manner of calculating the cost of production of goods and the administrative, selling and all other costs with respect to goods;
	(4) Subsection 97(1) of the Act is amended by adding the following after paragraph (f):
	(f.1) defining the expression ``start-up period of production'' for the purposes of section 23.1, including prescribing the factors to consider in determining the duration of such a period;
	(f.2) prescribing, for the purposes of subsection 30.3(3), the manner for determining a margin of dumping, including prescribing the manner for determining the maximum margin of dumping that can be determined;
	(5) Subsection 97(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (k) and by adding the following after paragraph (k):
	(k.1) providing for the method of determining the rate of exchange for the purpose of calculating the export price for export sales involving the sale of foreign currency on forward markets;
	(k.2) providing for the manner of making adjustments to export prices in situations of sustained movement in the rate of exchange; and
	185. (1) The Act is amended by replacing the expression ``amount of the subsidy'' with the expression ``amount of subsidy'' in the following provisions:
	(a) the definition ``undertaking'' or ``undertakings'' in subsection 2(1);
	(b) subsection 2(6);
	(c) section 7;
	(d) subparagraph 38(1)(b)(i);
	(e) clause 41(1)(a)(iv)(B);
	(f) paragraph 55(1)(d);
	(g) subsection 60(1); and
	(h) section 96.
	(2) The English version of the Act is amended by replacing the expression ``amount of the subsidy'' with the expression ``amount of subsidy'' in the following provisions:
	(a) paragraph 3(b);
	(b) paragraphs 8(1)(c) and (d);
	(c) paragraphs 8(1.1)(a) and (b); and
	(d) paragraph 49(2)(a).
	186. The Act is amended by replacing the expression ``paragraph 34(a)'' with the expression ``paragraph 34(1)(a)'' in the following provisions:
	(a) subsection 39(1);
	(b) paragraph 41(3)(a);
	(c) paragraph 41(4)(a);
	(d) subsections 41.1(1) and (2);
	(e) subsection 51(2);
	(f) subsection 53(4); and
	(g) section 53.1.
	Transitional Provisions
	187. In this section and section 188,
``commencem ent day'' « date de référence »	``commencement day'' means the day on which this section comes into force;
``new Act'' « nouvelle loi »	``new Act'' means the Special Import Measures Act as it read on the commencement day;
``new rules and regulations'' « nouveaux textes d'application »	``new rules and regulations'' means rules made under section 39, and regulations made under section 40, of the Canadian International Trade Tribunal Act as those sections read on the commencement day;
``old Act'' « ancienne loi »	``old Act'' means the Special Import Measures Act as it read on the day immediately before the commencement day;
``old rules and regulations'' « anciens textes d'application »	``old rules and regulations'' means rules made under section 39, and regulations made under section 40, of the Canadian International Trade Tribunal Act as those sections read on the day immediately before the commencement day;
``order or finding'' « ordonnance ou conclusions »	``order or finding'' has the same meaning as in subsection 2(1) of the Special Import Measures Act;
``Tribunal'' « Tribunal »	``Tribunal'' means the Canadian International Trade Tribunal established by subsection 3(1) of the Canadian International Trade Tribunal Act.
Disposition of notified complaints	188. (1) Subject to this section, where, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Act, has been given pursuant to paragraph 32(1)(a) of the old Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with the old Act and the old rules and regulations.
Proceedings re goods subject to order made after commenceme nt day	(2) Where the Tribunal makes an order or finding pursuant to subsection 43(1) of the Special Import Measures Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in relation to any of those goods other than
	(a) a judicial review or dispute settlement under Part I.1 or II of the Special Import Measures Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement,
	(b) a proceeding, process or action in relation to any of those goods that were released before the commencement day, or
	(c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding
	shall be disposed of in accordance with the new Act and the new rules or regulations.
Effect of order or finding	(3) For greater certainty, any order or finding that is in effect on the commencement day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under the new Act.
Review by the Tribunal	(4) A review by the Tribunal under subsection 76(2) of the Special Import Measures Act of an order or finding in effect on the commencement day shall be disposed of in accordance with
	(a) the old Act and the old rules and regulations, where notice of the initiation of the review has been given before the commencement day; and
	(b) the new Act and the new rules and regulations, where notice of the initiation of the review is given on or after the commencement day.
New Act does not justify review	(5) For the purposes of subsection 76(3) of the Special Import Measures Act, the Tribunal may not be satisfied that a review of an order or finding is warranted by reason only of the coming into force of the new Act and the new rules and regulations.
Determination of normal value, etc, where undertaking	(6) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act.
Determination of normal value, etc	(7) A normal value, export price, amount of subsidy or margin of dumping determined in relation to goods under the old Act shall, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, be deemed to have been made under the new Act.
Redeterminati on of normal value, etc	(8) A redetermination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (7) shall be made in accordance with the new Act.
	Application
Application to goods from a NAFTA country	189. Sections 144 to 188, any provision of the Special Import Measures Act as enacted by any of those sections, or any rule or regulation made under the Special Import Measures Act as amended as a result of the Agreement and any regulations under subsection 13(2) of the Customs Tariff, to the extent that they apply for the purposes of the Special Import Measures Act, apply to goods from a NAFTA country, within the meaning assigned to that expression by subsection 2(1) of the Special Import Measures Act.