BILL C-81 - Royal Assent

	PART II
	RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. 47 (4th Supp.)	Canadian International Trade Tribunal Act
1993, c. 44, s. 32(2)	*19. (1) The definition ``textile and apparel goods'' in subsection 2(1) of the Canadian International Trade Tribunal Act* is replaced by the following:**
``textile and apparel goods'' « produits textiles et vêtements »	``textile and apparel goods'' means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of the Agreement or in Ap pendix 1.1 of Annex C-00-B of the CCFTA, as the case may be;
1993, c. 44, s. 32(3)	(2) Subsection 2(3) of the Act is replaced by the following:
Same meaning	(3) In this Act,
	(a) ``CCFTA'' has the same meaning as ``Agreement'' in subsection 2(1) of the Canada-Chile Free Trade Agreement Im plementation Act; and
	(b) ``Chile Tariff'' has the same meaning as in subsection 2(1) of the Customs Tariff.
Goods imported from a NAFTA country or Chile	(4) For the purposes of this Act, goods are imported from a NAFTA country or from Chile if they are shipped directly to Canada from the NAFTA country or from Chile, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff.
	20. The Act is amended by adding the following after section 19.011:
Definition of ``principal cause''	19.012 (1) In this section, ``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.
Emergency measures - Chile	(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Chile Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.
Terms of reference	(3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference estab lished by the Governor in Council or the Minister, as the case may be.
Tabling of report	(4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.
Notice of report	(5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.
1996, c. 33, s. 18	21. The portion of subsection 19.02(1) of the Act before paragraph (a) is replaced by the following:
Mid-term review	19.02 (1) If an order made under subsection 59.1(1), (8) or (11) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) 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,
	22. The Act is amended by adding the following after section 20.02:
Definition of ``contribute importantly''	20.03 (1) In this section, ``contribute impor tantly'' has the meaning given those words by Article F-05 of the CCFTA.
Determi- nation in respect of Chilean goods	(2) Where, in an inquiry conducted pur suant to a reference under section 20 into goods imported from Chile that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported 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, the Tribunal shall determine
	(a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and
	(b) whether the specified imported goods contribute importantly to the serious injury or threat thereof.
Determi- nations	(3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.
Determi- nation where an extension request	(4) In an inquiry under section 30.07 into goods imported from Chile conducted pur suant to an extension request, the Tribunal shall determine
	(a) whether the quantity of the goods accounts for a substantial share of total imports of goods of the same kind; and
	(b) whether the goods contribute important ly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.
Considera- tions	(5) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article F-02 of the CCFTA.
1996, c. 33, s. 20	23. Section 21.1 of the Act is replaced by the following:
Definition of ``complaint''	21.1 In sections 23 to 30, ``complaint'' means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05) or (1.06), and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satis fied that it contains or is accompanied by the information required by section 23.
	24. Section 23 of the Act is amended by adding the following after subsection (1.04):
Filing of complaint - Chile Tariff	(1.05) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the Chile Tariff, or any person or association acting on behalf of such a domes tic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly compet itive goods.
Filing of complaint - Chile Tariff	(1.06) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under section 25.7 of the Customs Tariff or, in respect of goods that fall under the scope of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement pursuant to a com mitment made by Canada, under section 25.6 of the Customs Tariff, to the Chile Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quanti ties, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.
1993, c. 44, s. 41	25. Paragraph 25(2)(c) of the Act is replaced by the following:

	(c) in the case of a complaint filed under subsection 23(1.03) or (1.06), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.
	26. (1) Paragraph 26(1)(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (i.4) and by adding the following after subparagraph (i.4):
	(i.5) in the case of a complaint filed under subsection 23(1.05), the goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,
	(i.6) in the case of a complaint filed under subsection 23(1.06), the textile and ap parel goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quanti ties, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, or
1993, c. 44, s. 42(2)	(2) Subsection 26(2.1) of the Act is re placed by the following:
Copies to Minister	(2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03) or (1.06), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).
1996, c. 33, s. 22(2)	(3) Subsection 26(7) of the Act is replaced by the following:
Time limit on inquiry	(7) If 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 under 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 com mence 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.
	27. (1) Subsection 27(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a.4) and by adding the following after paragraph (a.4):
	(a.5) in the case of a complaint filed under subsection 23(1.05), the goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities and under such condi tions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods;
	(a.6) in the case of a complaint filed under subsection 23(1.06), the textile and apparel goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods; or
	(2) Section 27 of the Act is amended by adding the following after subsection (2.1):
Considera- tions	(2.2) In making a determination under paragraph (1)(a.6), regard shall be had to paragraph 2 of section 3 of Annex C-00-B of the CCFTA.
	28. The Act is amended be adding the following after section 30.011:
Definition of ``surge''	30.012 (1) In this section, ``surge'' has the meaning given that word by Article F-05 of the CCFTA.
Filing of surge complaint	(2) A written complaint may be filed with the Tribunal if
	(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 Chile on the basis of a determination made under subsection 20.03(2) or (4) of this Act.
Allegations	(3) The complaint must allege that a surge of imports of goods imported from Chile undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.
Who must file complaint	(4) The complaint must be filed by a domestic producer of like or directly competi tive goods, or a person or association acting on behalf of any such domestic producer.
Contents of complaint	(5) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by the information that is available to the complain ant to prove those facts and any other informa tion that may be required by the rules.
Commence- ment of inquiry	(6) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reason able indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.
Notice of decision	(7) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (6), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, if the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.
Surge of imports	(8) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.
Report	(9) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made repre sentations to the Tribunal during the inquiry.
Notice of report	(10) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.
1996, c. 33, s. 25	29. Subsection 30.03(1) of the Act is replaced by the following:
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 under 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 (4.1) of the Export and Import Permits Act, but no notice shall be published if
	(a) the order is revoked or ceases to have effect under subsection 59.1(4), (5), (6), (8.4) or (9) of the Customs Tariff or subsection 5(4.4) 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 under subsection 59.1(1), (8) or (11) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act is eight years.
1996, c. 33, s. 26	30. Subsection 30.04(1) of the Act is replaced by the following:
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 associa tion acting on behalf of such a domestic producer, may file with the Tribunal a written request that an extension order be made under 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.
1996, c. 33, s. 27	31. Paragraph 39(1)(c) of the Act is replaced by the following:
	(c) specifying any additional information that must accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2), 30.011(1), 30.012(2) and 30.11(1) or an extension request filed under subsec tion 30.04(1); and

PART II

RELATED AND CONSEQUENTIAL AMENDMENTS

Canadian International Trade Tribunal Act