TRANSITIONAL PROVISIONS

Definitions

62. The definitions in this section apply in this section and sections 63 and 64.

``commen-
cement day''
« date de référence »

``commencement day'' means the day on which this section comes into force.

``new Canadian International Trade Tribunal Act''
« nouvelle Loi sur le Tribunal canadien du commerce extérieur »

``new Canadian International Trade Tribunal Act'' means the Canadian International Trade Tribunal Act as it read on the commencement day.

``new rules and regulations''
« nouveaux textes d'applica-
tion »

``new rules and regulations'' means the rules and regulations made under the new Canadian International Trade Tribunal Act and the regulations made under the new Special Import Measures Act.

``new Special Import Measures Act''
« nouvelle Loi sur les mesures spéciales d'importa-
tion »

``new Special Import Measures Act'' means the Special Import Measures Act as it read on the commencement day.

``old Canadian International Trade Tribunal Act''
« ancienne Loi sur le Tribunal canadien du commerce extérieur »

``old Canadian International Trade Tribunal Act'' means the Canadian International Trade Tribunal Act as it read on the day before the commencement day.

``old rules and regulations''
« anciens textes d'applica-
tion »

``old rules and regulations'' means the rules and regulations made under the old Canadian International Trade Tribunal Act and the regulations made under the old Special Import Measures Act.

``old Special Import Measures Act''
« ancienne Loi sur les mesures spéciales d'importa-
tion »

``old Special Import Measures Act'' means the Special Import Measures Act as it read on the day before the commencement day.

``order or finding''
« ordonnan-
ce ou conclu-
sions »

``order or finding''

      (a) in the case of an order or finding made before the commencement day, has the same meaning as in subsection 2(1) of the old Special Import Measures Act; and

      (b) in the case of an order or finding made on or after the commencement day, has the same meaning as in subsection 2(1) of the new Special Import Measures Act.

Disposition of notified complaints

63. (1) Subject to this section, if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Special Import Measures Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act, the old Canadian International Trade Tribunal Act and the old rules and regulations.

Proceedings re goods subject to order made after commen-
cement day

(2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the Special Import Measures Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in relation to any of those goods other than the following shall be disposed of in accordance with the new Special Import Measures Act, the new Canadian International Trade Tribunal Act and the new rules and regulations:

    (a) a judicial review or dispute settlement under Part I.1 or II of the Special Import Measures Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement;

    (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day;

    (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or

    (d) a proceeding, process or action under section 45 of the Special Import Measures Act in relation to that order or finding.

Effect of order or finding

(3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Special Import Measures Act, have the same force and effect as if it were made under that Act.

Review in accordance with old Acts, rules and regulations

(4) If notice of a review under subsection 76(2) of the old Special Import Measures Act has been given by the Canadian International Trade Tribunal before the commencement day, the review shall be disposed of in accordance with that Act, the old Canadian International Trade Tribunal Act and the old rules and regulations.

Review in accordance with new Acts, rules and regulations

(5) If notice of an interim review under section 76.01 of the new Special Import Measures Act, or an expiry review under section 76.03 of that Act, of an order or finding that was made before the commencement day and is in effect on that day has been given by the Canadian International Trade Tribunal on or after the commencement day, the review shall be disposed of in accordance with that Act, the new Canadian International Trade Tribunal Act and the new rules and regulations.

New Act does not justify review

(6) For the purpose of subsection 76.01(3) of the new Special Import Measures Act, the Canadian International Trade Tribunal may not be satisfied that an interim review of an order or finding that was made before the commencement day is warranted by reason only of the coming into force of that Act, the new Canadian International Trade Tribunal Act or the new rules and regulations.

Determi-
nation of normal value, etc., when undertaking

(7) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Special Import Measures Act.

Determi-
nation of normal value, etc.

(8) A normal value, export price, amount of subsidy or margin of dumping determined in relation to goods under the old Special Import Measures Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Special Import Measures Act.

Re-
determination of normal value, etc.

(9) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (8) shall be made in accordance with the new Special Import Measures Act.

Application to goods from a NAFTA country

64. The new Special Import Measures Act, the new Canadian International Trade Tribunal Act and the new rules and regulations apply to goods of a NAFTA country, within the meaning assigned to that expression by subsection 2(1) of the Special Import Measures Act.

COMING INTO FORCE

Coming into force

65. This Act or any of its provisions, or any provision of an Act as enacted or amended by this Act, comes into force on a day or days to be fixed by order of the Governor in Council.