Filing of complaint

(1.02) 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 Mexico Tariff, or the Mexico-United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, 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 competitive goods.

Filing of complaint

(1.03) 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 24 of the Customs Tariff or, in respect of goods that have been integrated into the General Agreement on Tariffs and Trade on the basis of a commitment made by Canada under any successor agreement to the Multifibre Arrangement, under subsection 45(13) of the Customs Tariff, to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to that Act, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities, 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.

1988, c. 65, s. 56; 1997, c. 14, s. 24

(2) Subsections 23(1.06) and (1.1) of the Act are replaced by the following:

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 24 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 on the basis of a commitment made by Canada, under section 48 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 quantities, 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 of serious damage , to domestic producers of like or directly competitive textile and apparel goods.

Filing of complaint

(1.1) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that as a result of the reduction or elimination of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.

1993, c. 44, s. 42(1); 1994, c. 47, paras. 46(e)(F) and 47(b)(F)

197. (1) Subparagraphs 26(1)(a)(i.1) to (i.3) of the Act are replaced by the follow ing:

      (i.1) in the case of a complaint filed under subsection 23(1.01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods,

      (i.2) in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico-United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, 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.3) in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, 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,

1988, c. 65, s. 57

(2) Subparagraph 26(1)(a)(ii) of the Act is replaced by the following:

      (ii) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods;

1997, c. 14, s. 26(3)

(3) Subsection 26(7) of the Act is replaced by the following:

Time limit on inquiry

(7) If subsection 55(5) of the Customs Tariff or subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order under subsection 55(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. 43(1); 1994, c. 47, paras. 46(g)(F) and 47(c)(F)

198. (1) Paragraphs 27(1)(a.1) to (a.3) of the Act are replaced by the following:

    (a.1) in the case of a complaint filed under subsection 23(1.01), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods;

    (a.2) in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico-United States Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, 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;

    (a.3) in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, 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;

1988, c. 65, s. 58

(2) Paragraph 27(1)(b) of the Act is replaced by the following:

    (b) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods.

1994, c. 47, s. 37

199. Paragraph 30.01(2)(a) of the Act is replaced by the following:

    (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

1996, c. 33, s. 24

200. Paragraph 30.011(1)(a) of the Act is replaced by the following:

    (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

1997, c. 14, s. 28

201. Paragraph 30.012(2)(a) of the Act is replaced by the following:

    (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

1997, c. 14, s. 29

202. 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 expiry date of any order that imposes a surtax on any goods under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or includes any goods on the Import Control List under 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 repealed or ceases to have effect under subsection 56(1) or (2), 59(2) or 63(5) or section 64 of the Customs Tariff or is revoked under subsection 5(4.4) of the Export and Import Permits Act before the end 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 55(1), section 60 or subsection 63(1) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act is eight years.

1997, c. 14, s. 30

203. 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 association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 63(1) 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.

R.S., c. C-24

Canadian Wheat Board Act

1988, c. 65, s. 60; 1993, c. 44, s. 49

204. Paragraphs 46(b.1) and (b.2) of the Canadian Wheat Board Act are replaced by the following:

    (b.1) to permit the importation into Canada of wheat or wheat products that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Board subject, if the Governor in Council considers it appropriate, to any of the following requirements, namely,

      (i) that the wheat be accompanied by an end-use certificate referred to in subsection 87.1(1) of the Canada Grain Act, completed by the person importing the wheat, declaring that the wheat is imported for consumption in Canada and is consigned directly to a milling, manufacturing, brewing, distilling or other processing facility for consumption at that facility,

      (ii) that the wheat be denatured in a prescribed manner, if the wheat is imported for feed use, or

      (iii) that the wheat be accompanied by a certificate issued under section 4.1 of the Seeds Act, if the wheat is imported for seed use;

    (b.2) to permit the importation into Canada of wheat or wheat products that are entitled to the Mexico Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff and that are owned by a person other than the Board;

R.S., c. C-42

Copyright Act

R.S., c. 41 (3rd Supp.), s. 116

205. Section 44 of the Copyright Act is replaced by the following:

Importation of certain copyright works prohibited

44. Copies made out of Canada of any work in which copyright subsists that if made in Canada would infringe copyright and as to which the owner of the copyright gives notice in writing to the Department of National Revenue that the owner desires that the copies not be so imported into Canada, shall not be so imported and are deemed to be included in tariff item No. 9897.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff and section 136 of that Act applies accordingly.

R.S., c. E-14

Excise Act

R.S., c. 15 (1st Supp.), s. 51(1)

206. Subsection 138(1.1) of the Excise Act is replaced by the following:

Refund or drawback

(1.1) A refund or drawback of the customs duty imposed under section 21 of the Customs Tariff, in respect of spirits, wine or flavouring materials having a spirit content, on which the customs duty has been paid and not refunded and that are brought into a distillery for the purpose of blending with spirits in bond, may be granted under such terms and conditions as the Governor in Council may, by regulation, prescribe.

R.S., c. E-19

Export and Import Permits Act

1996, c. 33, s. 57

207. (1) The definition ``goods imported from Israel or another CIFTA beneficiary'' in subsection 2(1) of the Export and Import Permits Act is repealed.

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``imported from Israel or another CIFTA beneficiary''
« importé d'Israël ou d'un autre bénéficiaire de l'ALÉCI »

``imported from Israel or another CIFTA beneficiary'' has the meaning assigned by regulations made under section 52 of the Customs Tariff;

1997, c. 14, s. 72(1)

208. (1) Subsections 5(3.1) to (3.3) of the Act are replaced by the following:

Prohibition against further orders

(3.1) No order may be made under subsection (3) with respect to goods that have already been the subject of an order made under that subsection or subsection 55(1) of the Customs Tariff unless, after the expiry of the order and any related orders made under subsection (3.2) or (4.1) or under section 60 or subsection 63(1) of the Customs Tariff, there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.

Extension order

(3.2) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires , it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act, that

    (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 are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act.

Period and revocation of extension orders

(3.3) Every extension order made under subsection (3.2) shall, subject to this section, remain in effect for the period that 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 under subsection (3), (3.2) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff shall not exceed eight years.

1997, c. 14, s. 72(1)

(2) Paragraph 5(4.3)(b) of the Act is replaced by the following:

    (b) to which an order made under subsection 55(1) or 63(1) of the Customs Tariff does not apply because the goods did not meet the conditions set out in subsection 59(1) or 63(4) of that Act.

1997, c. 14, s. 72(2)

(3) Subsection 5(6) of the Act is replaced by the following:

Addition to Import Control List

(6) If, for the purpose of facilitating the implementation of action taken under subsection 14(2), section 35, 39 or 43, paragraph 53(2)(d), subsection 55(1), section 60 or subsection 63(1) or 82(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.

1997, c. 14, s. 72(3)

(4) Subparagraph 5(8)(b)(ii) of the Act is replaced by the following:

      (ii) in the case of an order under subsection (4.3) in respect of goods referred to in paragraph (4.3)(b), the order under subsection 55(1) or 63(1) of the Customs Tariff that applies to goods of the same kind imported from any other country ceases to have effect.

1997, c. 14, s. 73

209. Subsection 5.2(3) of the Act is replaced by the following:

Addition to Import Control List

(3) If 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 of any goods in respect of which a specified quantity is eligible for any reduction of customs duty under subsection 49(1) of the Customs Tariff or a reduction of the rate of customs duty under subsection 74(3) of that Act , the Governor in Council may, by order and without reference to that quantity, include those goods on the Import Control List in order to facilitate the collection of that information.

1997, c. 14, s. 74

210. Subsection 6.1(1) of the Act is replaced by the following:

Definition of ``originating goods''

6.1 (1) In this section, ``originating goods'' means goods that are entitled under the Customs Tariff to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff or the Chile Tariff.