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(a) an order continues to be necessary to
prevent or remedy serious injury to
domestic producers of like or directly
competitive goods, and
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(b) there is evidence that the domestic
producers are adjusting, as determined in
accordance with any regulations made
pursuant to paragraph 40(b) of the
Canadian International Trade Tribunal
Act,
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the Governor in Council may, on the
recommendation of the Minister, make an
extension order including any of the goods on
the Import Control List.
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| Period and
revocation of
extension
orders
|
(3.3) Every extension order made pursuant
to subsection (3.2) shall, subject to this
section, remain in effect for such period as is
specified in the order, but the total of the
specified period and the periods during which
the goods were previously subject to any
related orders made pursuant to
subsection (3), (3.2) or (4.01) of this Act or
subsection 59.1(1), (8) or (11) of the Customs
Tariff shall not exceed eight years.
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| Exception for
goods
imported from
a NAFTA
country
|
(4) Notwithstanding subsections (3)
and (3.2), no order made under those
subsections may apply to goods imported
from a NAFTA country unless it appears to the
satisfaction of the Governor in Council, on a
report of the Minister made pursuant to an
inquiry under section 20, 26 or 30.07 of the
Canadian International Trade Tribunal Act,
that
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(a) the quantity of those goods represents a
substantial share of the quantity of goods of
the same kind imported into Canada from
all countries; and
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(b) the quantity of those goods, alone or, in
exceptional circumstances, together with
the quantity of goods of the same kind
imported into Canada from each other
NAFTA country, contributes importantly to
the serious injury or threat of serious injury
to domestic producers of like or directly
competitive goods.
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| New order
with respect to
goods
imported from
a NAFTA
country
|
(4.01) Where an order has been made under
subsection (3) or (3.2) that does not, by virtue
of subsection (4), apply to goods imported
from a NAFTA country and it appears to the
satisfaction of the Governor in Council, on a
report of the Minister made pursuant to an
inquiry under section 30.01 of the Canadian
International Trade Tribunal Act, that
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(a) there has been a surge of like goods
imported from the NAFTA country on or
after the coming into force of the order, and
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|
(b) as a result of the surge, the effectiveness
of the order is being undermined,
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any goods of the same kind imported into
Canada from the NAFTA country may, by
order of the Governor in Council, be included
on the Import Control List for the purpose of
limiting the importation of those goods into
Canada to prevent the undermining of the
effectiveness of the order made under
subsection (3) or (3.2).
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| Order to
specify
whether it
applies to
goods
imported from
a NAFTA
country
|
(4.02) Any order made under
subsection (3) or (3.2) shall state whether it
applies to goods imported from a NAFTA
country.
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| Addition to
Import
Control List
|
(4.03) Where at any time it appears to the
satisfaction of the Governor in Council that it
is advisable to collect information with
respect to the importation into Canada of any
goods from a NAFTA country
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(a) to which goods an order made under
subsection (3) or (3.2) does not apply by
virtue of subsection (4), or
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(b) to which goods an order made under
subsection 59.1(1) or (8) of the Customs
Tariff does not apply by virtue of subsection
59.1(3) or (8.3) of that Act,
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the Governor in Council may, by order,
include those goods on the Import Control List
in order to facilitate the collection of that
information.
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| Revocation or
amendment of
inclusion
order
|
(4.04) Where at any time it appears to the
satisfaction of the Governor in Council that an
order including any goods on the Import
Control List pursuant to subsection (3), (3.2)
or (4.01) should be revoked or amended, the
Governor in Council may, on the
recommendation of the Minister, by order,
revoke the order or amend it.
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| 1993, c. 34,
s. 67, c. 44,
s. 147(2)
|
(5) Subsections 5(5) and (6) of the Act are
replaced by the following:
|
|
| Addition to
Import
Control List
|
(5) Where at any time it appears to the
satisfaction of the Governor in Council on a
report of the Minister made as described in
subsection (3) that goods of any kind are being
imported or are likely to be imported into
Canada at such prices, in such quantities and
under such conditions as to make it advisable
to collect information with respect to the
importation of those goods in order to
ascertain whether the importation is causing
or threatening injury to domestic producers of
like or directly competitive goods, any goods
of the same kind may, by order of the
Governor in Council, be included on the
Import Control List in order to facilitate the
collection of that information.
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| Idem
|
(6) Where, for the purpose of facilitating the
implementation of action taken under sections
42 to 44, paragraph 59(2)(d), section 59.1,
paragraph 60(1)(e) or subsection 62(1) or
68(1) of the Customs Tariff, the Governor in
Council considers it necessary to control the
importation of any goods or collect
information with respect to their importation,
the Governor in Council may, by order,
include those goods on the Import Control List
for that purpose.
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(6) Paragraph 5(7)(a) of the Act is
replaced by the following:
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|
(a) on the expiration of the period of four
years after the day on which they are
included on the List by the order; or
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|
| 1993, c. 44,
s. 147(3)
|
(7) Subparagraph 5(7.1)(b)(ii) of the Act
is replaced by the following:
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(ii) in the case of an order under
subsection (4.03) in respect of goods
referred to in paragraph (4.03)(b), the
order under subsection 59.1(1) or (8) of
the Customs Tariff that applies to goods
of the same kind imported from any other
country ceases to have effect.
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104. The Act is amended by adding the
following after section 5.2:
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|
| Addition to
Import
Control List to
implement
Agreement on
Agriculture
|
5.3 Where at any time it appears to the
satisfaction of the Governor in Council that,
for the purpose of implementing the
Agreement on Agriculture in Annex 1A of the
World Trade Organization Agreement, it is
advisable to control the importation of goods
or collect information with respect to the
importation of goods, the Governor in Council
may, by order, include the goods on the Import
Control List.
|
|
| 1993, c. 44,
s. 149
|
105. Subsection 6.1(2) of the French
version of the Act is replaced by the
following:
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| Mesures
ministérielles
|
(2) Lorsqu'il est convaincu que des
marchandises non originaires énumérées à
l'appendice 1.1 de l'annexe 300-B du
chapitre 3 de l'ALÉNA sont importées d'un
pays ALÉNA en quantité tellement accrue, en
termes absolus ou par rapport au marché
intérieur et dans des conditions telles qu'elles
causent ou menacent de causer un préjudice
grave aux producteurs nationaux de
marchandises similaires ou directement
concurrentes, le ministre peut prendre les
mesures prévues à l'article 5 du chapitre 3 de
l'annexe 300-B relativement à ces
marchandises.
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106. The Act is amended by adding the
following after section 6.1:
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| Determination
of quantities
|
6.2 (1) Where any goods have been
included on the Import Control List for the
purpose of implementing an
intergovernmental arrangement or
commitment, the Minister may determine
import access quantities, or the basis for
calculating them, for the purposes of
subsection (2) and section 8.3 of this Act and
for the purposes of the Customs Tariff.
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| Allocation
method
|
(2) Where the Minister has determined a
quantity of goods under subsection (1), the
Minister may
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(a) by order, establish a method for
allocating the quantity to residents of
Canada who apply for an allocation; and
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(b) issue an allocation to any resident of
Canada who applies for the allocation,
subject to the regulations and any terms and
conditions the Minister may specify in the
allocation.
|
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| Transfer of
allocation
|
(3) The Minister may consent to the transfer
of an import allocation from one resident of
Canada to another.
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|
107. Section 7 of the Act is amended by
adding the following after subsection (1):
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| General
permits
|
(1.1) Notwithstanding subsection (1), the
Minister may, by order, issue generally to all
residents of Canada a general permit to export
to any country specified in the permit any
goods included on the Export Control List that
are specified in the permit, subject to such
terms and conditions as are described in the
permit.
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|
|
108. (1) Section 8 of the Act is amended by
adding the following after subsection (1):
|
|
| General
permits
|
(1.1) Notwithstanding subsection (1), the
Minister may, by order, issue generally to all
residents of Canada a general permit to import
any goods included on the Import Control List
that are specified in the permit, subject to such
terms and conditions as are described in the
permit.
|
|
| 1993, c. 44,
s. 150
|
(2) Subsections 8(2) and (2.1) of the Act
are replaced by the following:
|
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| Idem
|
(2) Notwithstanding subsection (1) and any
regulation made pursuant to section 12 that is
not compatible with the purpose of this
subsection, where goods are included on the
Import Control List solely for the purpose of
collecting information pursuant to subsection
5(4.03), (4.4), (5) or (6), the Minister shall
issue to any resident of Canada applying
therefor a permit to import those goods,
subject only to compliance with and the
application of such regulations made pursuant
to section 12 as it is reasonably necessary to
comply with or apply in order to achieve that
purpose.
|
|
| Idem
|
(2.1) Where, by virtue of subsection 5(4),
an order has been made pursuant to subsection
5(3) or (3.2) that applies to goods imported
from a NAFTA country, or an order has been
made pursuant to subsection 5(4.01), the
Minister shall, in determining whether to issue
a permit under this section in respect of goods
imported from a NAFTA country, be guided
by subparagraph 5(b) of Article 802 of
NAFTA.
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|
109. The Act is amended by adding the
following after section 8.2:
|
|
| Import
permits
- allocation
|
8.3 (1) Notwithstanding subsection 8(1),
where goods have been included on the Import
Control List for the purpose of implementing
an intergovernmental arrangement or
commitment and the Minister has determined
an import access quantity for the goods
pursuant to subsection 6.2(1), the Minister
shall issue a permit to import those goods to
any resident of Canada who has an import
allocation for the goods and applies for the
permit, subject only to compliance with and
the application of such regulations made
pursuant to section 12 as it is reasonably
necessary to comply with or apply in order to
achieve that purpose.
|
|
| Import
permits - no
allocation
|
(2) Notwithstanding subsection 8(1), where
goods have been included on the Import
Control List for the purpose of implementing
an intergovernmental arrangement or
commitment and the Minister has determined
an import access quantity for the goods
pursuant to subsection 6.2(1), but has not
issued import allocations for the goods, the
Minister shall
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(a) if in the opinion of the Minister the
import access quantity has not been
exceeded, issue a permit to import those
goods to any resident of Canada who
applies for the permit, or
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|
(b) issue generally to all residents of Canada
a general permit to import those goods,
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|
subject only to compliance with and the
application of such regulations made pursuant
to section 12 as it is reasonably necessary to
comply with or apply in order to achieve that
purpose.
|
|
| Supplemental
import
permits
|
(3) Notwithstanding subsection 8(1) and
subsections (1) and (2) of this section, where
goods have been included on the Import
Control List and the Minister has determined
an import access quantity for the goods
pursuant to subsection 6.2(1), the Minister
may issue
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|
(a) a permit to import those goods in a
supplemental quantity to any resident of
Canada who applies for the permit, or
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|
(b) generally to all residents of Canada a
general permit to import those goods in a
supplemental quantity,
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|
subject to such terms and conditions as are
described in the permit or in the regulations.
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|
110. The Act is amended by adding the
following after section 9.1:
|
|
| Minister may
issue
certificate
|
9.2 For the purpose of implementing an
intergovernmental arrangement with any
country or customs territory respecting the
administration of any limitation imposed on
the quantity of goods that may be imported
into that country or customs territory in any
period, the Minister may issue to any resident
of Canada who applies, a certificate with
respect to an exportation of the goods to the
country or customs territory stating the
specific quantity of the goods in the shipment
in respect of which the certificate is issued
that, on importation into the country or
customs territory, is eligible for the benefit
provided for goods imported within that
limitation.
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|
111. Subsection 10(1) of the Act is
replaced by the following:
|
|
| Alteration of
permits, etc.
|
10. (1) Subject to subsection (3), the
Minister may amend, suspend, cancel or
reinstate any permit, import allocation,
certificate or other authorization issued or
granted under this Act.
|
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|
112. (1) Paragraphs 12(a) and (b) of the
Act are replaced by the following:
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|
(a) prescribing the information and
undertakings to be furnished by applicants
for permits, import allocations, certificates
or other authorizations under this Act, the
procedure to be followed in applying for
and issuing or granting permits, import
allocations, certificates or other
authorizations, the duration thereof, and the
terms and conditions, including those with
reference to shipping or other documents,
on which permits, import allocations,
certificates or other authorizations may be
issued or granted under this Act;
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|
(a.1) respecting the considerations that the
Minister must take into account when
deciding whether to issue an import
allocation or consent to its transfer;
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|
(b) respecting information to be supplied by
persons to whom permits, import
allocations, certificates or other
authorizations have been issued or granted
under this Act and any other matter
associated with their use;
|
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|
(2) Section 12 of the Act is amended by
adding the following after
paragraph (c.01):
|
|
|
|
(c.02) respecting the considerations that the
Minister must take into account when
deciding whether to issue a certificate under
section 9.2;
|
|
|
|
113. The Act is amended by adding the
following after section 16:
|
|
| Transfers or
unauthorized
use of import
allocations
|
16.1 No person who has been issued an
import allocation shall, without the consent of
the Minister, transfer it or allow it to be used
by another person.
|
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|
114. Section 17 of the Act is replaced by
the following:
|
|
| False or
misleading
information,
and
misrepresentat
ion
|
17. No person shall wilfully furnish any
false or misleading information or knowingly
make any misrepresentation in any
application for a permit, import allocation,
certificate or other authorization under this
Act or for the purpose of procuring its issue or
grant or in connection with any subsequent use
of the permit, import allocation, certificate or
other authorization or the exportation,
importation or disposition of goods to which
it relates.
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