R.S., c. 47 (4th Supp.) [c. C-18.3]

Canadian International Trade Tribunal Act

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

``serious injury''
« dommage grave »

``serious injury'', in relation to domestic producers of like or directly competitive goods, means a significant overall impairment in the position of the domestic producers;

``threat of serious injury''
« menace de dommage grave »

``threat of serious injury'' means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent;

``World Trade Organization Agreement''
« Accord sur l'Organisatio n mondiale du commerce »

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

1993, c. 44, s. 34

28. Section 13 of the Act is replaced by the following:

Quorum, etc.

13. Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members constitute a quorum of the Tribunal and any three or more members have and may exercise all of the Tribunal's powers and have and may perform all of the Tribunal's duties and functions.

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

    (a.1) conduct mid-term reviews under section 19.02 and report on the reviews;

    (b) consider complaints and extension requests filed with the Tribunal by domestic producers of like or directly competitive goods under this Act and, where appropriate, conduct inquiries into the complaints and extension requests and report on them;

30. The headings before section 18 of the Act are replaced by the following:

INQUIRIES AND REVIEWS

References and Mid-Term Reviews

1993, c. 44, s. 36

31. Subsection 19.01(1) of the Act is replaced by the following:

Definition of ``principal cause''

19.01 (1) In this section and sections 20 and 20.01, ``principal cause'' means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

32. The Act is amended by adding the following after section 19.01:

Mid-term review

19.02 (1) Where an order made under subsection 59.1(1), (8) or (11) of the Customs Tariff or subsection 5(3), (3.2) or (4.01) of the Export and Import Permits Act specifies that it remains in effect for a period of more than three years, the Tribunal shall, before the mid-point of the period,

    (a) review developments since the order was made respecting the goods that are subject to the order and like or directly competitive goods produced by domestic producers;

    (b) in light of the review, prepare a report on the developments and provide advice on whether the order should remain in effect, be revoked or be amended; and

    (c) submit a copy of the report to the Governor in Council and the Minister.

Notice of report

(2) Where the Tribunal has prepared a report on a review pursuant to subsection (1), it shall cause notice of the report

    (a) to be given to each other interested party; and

    (b) to be published in the Canada Gazette.

33. Paragraph 20(a) of the Act is replaced by the following:

    (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or

1993, c. 44, s. 37

34. Subsection 20.01(3) of the Act is replaced by the following:

Idem

(2.1) In an inquiry under section 30.07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA country

    (a) whether the quantity of the goods imported from the NAFTA country accounts for a substantial share of total imports of goods of the same kind; and

    (b) whether the goods imported from the NAFTA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

Consideration s

(3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement.

1993, c. 44, s. 38

35. Subsection 20.2(2) of the Act is replaced by the following:

Determination s

(2) In the case of an inquiry to which section 20.01 applies, the Tribunal shall include in its report any determination made pursuant to that section.

36. (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

Tribunal shall commence inquiry

26. (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfied

(2) Section 26 of the Act is amended by adding the following after subsection (6):

Time limit on inquiry

(7) Where subsection 59.1(3.1) of the Customs Tariff or subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order pursuant to subsection 59.1(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than one hundred and eighty days before the end of the period.

1993, c. 44, s. 44

37. Subsection 30.01(2) of the Act is replaced by the following:

Filing of surge complaint

(2) A written complaint may be filed with the Tribunal where

    (a) any goods are subject to a surtax under subsection 59.1(1) or (8) of the Customs Tariff or are included on the Import Control List pursuant to subsection 5(3) or (3.2) of the Export and Import Permits Act; and

    (b) the surtax or inclusion does not apply to or include goods imported from a NAFTA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.

Allegations

(2.1) The complaint must allege that a surge of imports of goods imported from a NAFTA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

Who must file complaint

(2.2) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer.

38. The Act is amended by adding the following after section 30.01:

EXTENSION INQUIRIES

Definition of ``extension request''

30.02 In sections 30.03 to 30.09, ``extension request'' means a written request filed with the Tribunal under section 30.04.

Notice of expiring orders

30.03 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiration date of any order that imposes a surtax on any goods pursuant to subsection 59.1(1), (8) or (11) of the Customs Tariff or includes any goods on the Import Control List pursuant to subsection 5(3), (3.2) or (4.01) of the Export and Import Permits Act, but no notice shall be published if

    (a) the order is revoked or ceases to have effect pursuant to subsection 59.1(4), (5), (6), (8.4) or (9) of the Customs Tariff or subsection 5(4.04) of the Export and Import Permits Act before the expiration of the effective period specified in the order; or

    (b) the total of the effective period specified in the order and any periods during which the goods were subject to any related orders made pursuant to subsection 59.1(1), (8) or (11) of the Customs Tariff or subsection 5(3), (3.2) or (4.01) of the Export and Import Permits Act is eight years.

Manner and contents of publication

(2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

Filing of request relating to extension orders

30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made pursuant to subsection 59.1(8) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

Time limit for filing extension request

(2) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection 30.03(2).

Receipt to be acknowledged

(3) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

Contents of extension request

30.05 (1) An extension request shall

    (a) state in reasonable detail the facts on which it is based;

    (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the extension request is filed; and

    (c) make such other representations as the requester deems relevant to the matter.

Accompanyin g information

(2) An extension request shall be accompanied by

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

    (b) such other information as may be required by the rules.

Request for additional information

30.06 (1) Within twenty-one days after receiving an extension request, the Tribunal may, by notice in writing, ask the requester to provide such additional information as the Tribunal considers necessary for the request to be properly documented.

Tribunal shall determine if complaint is properly documented

(2) The Tribunal shall determine whether an extension request is properly documented within twenty-one days after receiving the request or, where the Tribunal has asked the requester to provide additional information pursuant to subsection (1), within twenty-one days after receiving the additional information.

Notice where request properly documented

(3) Where the Tribunal determines that an extension request is properly documented, it shall forthwith

    (a) notify the requester in writing that the request is properly documented; and

    (b) notify each other interested party in writing that it has received the request and that the request is properly documented.

Notice where request not properly documented

(4) Where the Tribunal determines that an extension request is not properly documented, it shall forthwith notify the requester in writing that the request is not properly documented and of its reasons for so concluding.

Inquiries into extension requests

30.07 (1) The Tribunal shall commence an inquiry into an extension request within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied

    (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

    (b) that the extension request is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

Notice of decision

(2) Where the Tribunal decides to commence an inquiry into an extension request under subsection (1), it shall forthwith

    (a) notify the requester and each other interested party in writing of its decision, of the reasons for its decision and of the date on which any hearing in the inquiry shall commence;

    (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and

    (c) send to the Minister a copy of its decision, a copy of the request and the information accompanying the request and a copy of any other relevant information examined by the Tribunal in relation to the request.

Idem

(3) Where the Tribunal decides not to commence an inquiry into an extension request under subsection (1), it shall forthwith

    (a) notify the requester and each other interested party in writing of its decision and of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and

    (b) cause a notice of its decision to be published in the Canada Gazette.

Continuing necessity of order

30.08 (1) The Tribunal shall, in an inquiry into an extension request, determine whether

    (a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

    (b) there is evidence that the domestic producers of like or directly competitive goods are adjusting, as determined in accordance with any regulations made under paragraph 40(b).

Other matters

(2) The Tribunal shall, in an inquiry into an extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

Report on extension inquiry

30.09 (1) Not later than forty-five days before the expiration date of the order to which an inquiry under subsection 30.07(1) relates, the Tribunal shall prepare a report on the inquiry and submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

Notice of report

(2) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice of the report

    (a) to be given to each other interested party; and

    (b) to be published in the Canada Gazette.

Tabling of report in certain cases

(3) Where, pursuant to subsection 30.08(2), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into an extension request, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

1993, c. 44, s. 44

39. The definition ``potential supplier'' in section 30.1 of the Act is replaced by the following:

``potential supplier''
« fournisseur potentiel »

``potential supplier'' means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract.