Offences

Offence

96.4 (1) Every person commits an offence who

    (a) uses information disclosed to the person by the Deputy Minister under subsection 84(3) for any purpose other than the purpose for which the information was disclosed under that subsection; or

    (b) contravenes a condition imposed by the Deputy Minister under subsection 84(3).

Punishment

(2) Every person who commits an offence under subsection (1) is guilty of

    (a) an indictable offence and liable to a fine of not more than $1,000,000; or

    (b) an offence punishable on summary conviction and liable to a fine of not more than $100,000.

Consent

(3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada.

1994, c. 47, s. 184(1)

51. (1) Paragraphs 97(1)(a.1) and (b) of the Act are replaced by the following:

    (a.1) respecting the factors that may be considered in determining

      (i) the existence of injury, retardation or threat of injury, and

      (ii) whether the injury, retardation or threat of injury has been caused by the dumping or subsidizing of any goods or by any other reason ;

    (b) specifying the circumstances and manner in which two or more properly documented complaints , investigations or inquiries may be joined and carried on as one and the persons to whom and the manner in which notice of the joining shall be given;

1994, c. 47, s. 184(3)

(2) 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(1)(c)(ii) ;

(3) Paragraph 97(1)(f) of the Act is replaced by the following:

    (f) defining the expression ``an amount for profit'' for the purpose of subparagraph 25(1)(c)(ii) or (d)(i) ;

(4) Paragraph 97(1)(g) of the Act is replaced by the following:

    (g) defining the expression ``person interested'' for the purpose of subsection 45(6) or section 89 or 95;

1994, c. 47, s. 184(5)

(5) Paragraph 97(1)(k.2) of the Act is replaced by the following:

    (k.2) providing for the manner of making adjustments to export prices and normal values in situations of fluctuation or sustained movement in the rate of exchange;

    (k.3) prescribing the period after which the Deputy Minister may refuse to consider representations referred to in subsection 49(5);

    (k.4) prescribing the factors that the Deputy Minister may consider in making a determination under paragraph 76.03(7)(a);

    (k.5) prescribing the factors that the Tribunal may consider in making a determination under subsection 76.03(10);

    (k.6) providing for the manner of attributing principal and interest to imported goods when those amounts include a portion related to charges not directly associated with the value of the goods; and

Replacement of ``amount of the subsidy'' with ``amount of subsidy''

52. 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) section 6;

    (b) paragraphs 8(6)(c) and (d);

    (c) paragraph 42(3)(a); and

    (d) subparagraph 52(1.1)(a)(ii).

R.S., c. 47 (4th Supp.); 1988, c. 65; 1993, c. 44; 1994, cc. 13, 47; 1996, c. 33; 1997, c. 14

canadian international trade tribunal act

53. (1) The definition ``Chairman'' in subsection 2(1) of the English version of the Canadian International Trade Tribunal Act is repealed.

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

``Chair-
person'' Version anglaise seulement

``Chairperson'' means the Chairperson of the Tribunal;

54. Subsection 3(1) of the English version of the Act is replaced by the following:

Tribunal established

3. (1) There is hereby established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson , two Vice-Chairpersons and not more than six other permanent members to be appointed by the Governor in Council.

55. Subsection 8(1) of the English version of the Act is replaced by the following:

Absence, etc., of Chairperson

8. (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Tribunal may authorize one of the Vice-Chairpersons to act as Chairperson for the time being, and a Vice-Chairperson so authorized has and may exercise and perform all the powers, duties and functions of the Chairperson .

56. Subsection 9(1) of the Act is replaced by the following:

Acting after termination of appointment

9. (1) Subject to subsection (2), a person who has ceased to be a member, for any reason other than removal , may, with the authorization of the Chairperson, perform and complete any duties or responsibilities that the person would otherwise have had if the person had not ceased to be a member and that are in connection with any matter in which that person became engaged while holding office as a member, and a person so authorized is , for that purpose, deemed to be a member of the Tribunal.

57. (1) Paragraph 26(5)(a) of the Act is replaced by the following:

    (a) the Deputy Minister does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

(2) Subparagraph 26(5)(b)(ii) of the Act is replaced by the following:

      (ii) in the case where the Deputy Minister initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

58. (1) Paragraph 28(2)(a) of the Act is replaced by the following:

    (a) the Deputy Minister does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

(2) Subparagraph 28(2)(b)(ii) of the Act is replaced by the following:

      (ii) in the case where the Deputy Minister initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

59. (1) Subsection 45(3) of the Act is replaced by the following:

Disclosure to counsel and experts

(3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the Tribunal in any proceedings before the Tribunal may be disclosed by the Tribunal to counsel for any party to those proceedings or to other proceedings arising out of those proceedings or to an expert, acting under the control or direction of that counsel , for use, notwithstanding any other Act or law , by that counsel or expert only in those proceedings, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by counsel or the expert to any person in any manner that is calculated or likely to make it available to

    (a) any party to the proceedings or other proceedings, including a party who is represented by that counsel or on whose behalf the expert is acting ; or

    (b) any business competitor or rival of any person to whose business or affairs the information relates.

Disclosure to Tribunal's experts

(3.1) Notwithstanding subsection (1), the Tribunal may disclose information to which that subsection applies to an expert retained by the Tribunal for use, notwithstanding any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to

    (a) any party to the proceedings; or

    (b) any business competitor or rival of any person to whose business or affairs the information relates.

Disclosure to persons described in subsection (5)

(3.2) For greater certainty, disclosure of information under subsection (3) or (3.1) to a person described in subsection (5) who is an employee of an institution of the Government of Canada that is a party to the proceedings or, in the case of subsection (3), other proceedings is not disclosure to a party to those proceedings for the purposes of subsection (3) or (3.1).

(2) Section 45 of the Act is amended by adding the following after subsection (4):

Persons who may be recognized as experts

(5) In subsections (3) and (3.1), ``expert'' includes any of the following persons whom the Tribunal recognizes as an expert:

    (a) persons whose duties involve the carrying out of the Competition Act and who are referred to in section 25 of that Act, other than persons authorized by the Governor in Council to exercise the powers and perform the duties of the Director of Investigation and Research;

    (b) in respect of the determination of damages and costs in procurement review proceedings, persons employed in the government institution involved in the procurement under review; and

    (c) any prescribed person.

Offence

(6) Every person commits an offence who

    (a) uses information disclosed to the person by the Tribunal under subsection (3) or (3.1) for any purpose other than the purpose for which the information was disclosed under that subsection; or

    (b) contravenes any condition imposed by the Tribunal under subsection (3) or (3.1).

Punishment

(7) Every person who commits an offence under subsection (6) is guilty of

    (a) an indictable offence and liable to a fine of not more than $1,000,000; or

    (b) an offence punishable on summary conviction and liable to a fine of not more than $100,000.

Consent

(8) No proceedings for an offence under subsection (6) shall be instituted without the consent in writing of the Attorney General of Canada.

Bar from appearing before Tribunal

(9) In addition to any punishment imposed under subsection (7), counsel or an expert who commits an offence under subsection (6) may be barred by the Tribunal from any further appearance before it in respect of any proceedings before the Tribunal for the period that the Tribunal considers appropriate.

1994, c. 13, para. 7(1)(a)

60. Section 49 of the Act is replaced by the following:

Other information

49. If

    (a) information or material given or elicited in the course of any proceedings before the Tribunal is, in the opinion of the Tribunal, in its nature confidential, or

    (b) the Deputy Minister of National Revenue indicates to the Tribunal in writing that subsection 84(1) of the Special Import Measures Act applies to information or material filed with the Secretary under paragraph 37(a) or 38(3)(b) or subsection 76.03(9) of that Act,

the information or material shall not knowing ly be disclosed by any member or person employed in the public service of Canada who comes into possession of the information in any manner that is calculated or likely to make it available for the use of any business compet itor or rival of any person to whose business or affairs the information relates.

Replacement of ``Chairman'' with ``Chair-
person''

61. The English version of the Act is amended by replacing the word ``Chairman'' with the word ``Chairperson'' in the following provisions:

    (a) section 7;

    (b) subsection 8(2);

    (c) subsections 9(2) and (3);

    (d) subsection 14(2);

    (e) subsection 30.11(3);

    (f) subsection 33(1); and

    (g) subsections 59(1) and (2).