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This enactment gives effect to the rights of Canada pursuant to the
Protocol on the Accession of the People's Republic of China to the
World Trade Organization that came into effect on December 11, 2001.
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The enactment amends the Canadian International Trade Tribunal
Act, the Customs Tariff and the Export and Import Permits Act to
authorize the Governor in Council to impose, under certain conditions
and after an inquiry by the Canadian International Trade Tribunal,
special trade measures to protect Canadian industries from injury or
threat of injury that could be caused by imports from the People's
Republic of China. These special trade measures, called safeguards,
will be available until December 11, 2013.
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The enactment also amends the Special Import Measures Act to
allow the Canada Customs and Revenue Agency greater flexibility in
conducting anti-dumping investigations related to imported Chinese
goods when the price or the cost of production of those goods in China
is not determined by market economy conditions.
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Clause 1: The relevant portion of subsection 26(1)
reads as follows:
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26. (1) Subject to subsections (4) to (7), the Tribunal shall, within
thirty days after the day on which notice is given to a complainant that
the complaint is properly documented, commence an inquiry into the
complaint if it is satisfied
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(c) where an inquiry in relation to the like or directly competitive
goods has been completed or terminated by the Tribunal under this
Act during the twenty-four month period preceding the date of
receipt of the complaint, that the circumstances are sufficiently
different to warrant a new inquiry.
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Clause 2: Subsection 29(4) reads as follows:
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(4) Where the Tribunal has prepared a report on an inquiry pursuant
to subsection (1), it shall cause notice thereof
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(a) to be given to each other interested party; and
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(b) to be published in the Canada Gazette.
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Clause 3: Subsection 30(4) reads as follows:
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(4) The Tribunal shall cause notice of the submission of a report to
the Governor in Council pursuant to subsection (1)
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(a) to be given to each other interested party; and
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(b) to be published in the Canada Gazette.
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Clause 4: New.
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Clause 5: The relevant portion of subsection 39(1)
reads as follows:
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39. (1) The Tribunal may, after consultation with the Minister and
with the approval of the Governor in Council, make rules, not
inconsistent with this or any other Act of Parliament,
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(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 subsection 30.04(1); and
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Clause 6: (1) The relevant portion of section 40 reads
as follows:
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40. The Governor in Council may make regulations
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(a.1) respecting the number of members that constitute a quorum for
the purposes of
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(ii) conducting inquiries and reporting on matters referred to the
Tribunal pursuant to section 18 or 19, or
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(2) New.
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Clause 7: New.
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Clause 8: The definition ``customs duties'' in section
80 reads as follows:
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``customs duties'', other than for the purposes of sections 95 and 96,
means customs duties imposed under Part 2, other than surtaxes
imposed under section 53, 55, 60, 63, 68 or 78 or temporary duties
imposed under any of sections 69 to 76.
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Clause 9: Subsection 94(1) reads as follows:
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94. (1) In sections 95 and 96, ``customs duties'' means customs
duties imposed under Part 2, other than additional customs duties levied
under section 21, surtaxes imposed under section 53, 55, 60, 63, 68 or
78 or temporary duties imposed under any of sections 69 to 76.
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Clause 10: The relevant portion of section 99 reads as
follows:
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99. The Governor in Council may, on the recommendation of the
Minister of National Revenue, make regulations
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(a) prescribing, for the purposes of section 89,
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(iii) the circumstances in which, and the classes of goods in
respect of which, relief of duties levied under section 21 or under
the Special Import Measures Act, a surtax imposed under section
53, 55, 60, 63, 68 or 78, a temporary duty imposed under any of
sections 69 to 76, a tax levied under the Excise Tax Act or a duty
imposed under the Excise Act may not be granted,
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Clause 11: The relevant portion of subsection 113(4)
reads as follows:
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(4) For the purposes of this section, the Governor in Council may, on
the recommendation of the Minister of National Revenue, make
regulations prescribing
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(a) the circumstances in which, and the classes of goods in respect
of which, a refund or drawback of duties levied under section 21 or
under the Special Import Measures Act, a surtax levied under section
53, 55, 60, 63, 68 or 78, a temporary duty levied under any of
sections 69 to 76, a tax levied under the Excise Tax Act or a duty
levied under the Excise Act may not be granted under subsection (1);
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Clause 12: Subsection 4.2(2) reads as follows:
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(2) Any regulations made under paragraph 40(b) of the Canadian
International Trade Tribunal Act defining ``like or directly competitive
goods'' apply for the purposes of section 5.
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Clause 13: New.
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Clause 14: Subsection 8(2) reads as follows:
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(2) Notwithstanding subsection (1) and any regulation made under
section 12 that is not compatible with the purpose of this subsection, if
goods are included on the Import Control List solely for the purpose of
collecting information pursuant to subsection 5(4.3), (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 any regulations made under section 12 that it is
reasonably necessary to comply with or apply in order to achieve that
purpose.
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Clause 15: (1) and (2) The relevant portion of
subsection 10(2) reads as follows:
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(2) If a permit has been issued under this Act to any person for the
exportation or importation of goods that have been included on the
Export Control List or the Import Control List solely for the purpose
described in subsection 5(4.3), (5) or (6), 5.1(1) or 5.2(1), (2) or (3), and
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(c) the goods have, subsequent to the issuance of the permit, been
included on the Export Control List or the Import Control List for a
purpose other than that described in subsection 5(4.3), (5) or (6),
5.1(1) or 5.2(1), (2) or (3),
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Clause 16: The relevant portion of subsection 20(1)
reads as follows:
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20. (1) Where goods sold to an importer in Canada are shipped
directly to Canada from a country where, in the opinion of the
Commissioner,
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(a) the government of that country has a monopoly or substantial
monopoly of its export trade, and
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(b) domestic prices are substantially determined by the government
of that country and there is sufficient reason to believe that they are
not substantially the same as they would be if they were determined
in a competitive market,
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the normal value of the goods is
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