Bill C-61
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24. The Act is amended by adding the
following after section 30.01:
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| Filing of surge
complaint -
CIFTA
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30.011 (1) A written complaint may be filed
with the Tribunal where
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| Allegations
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(2) The complaint must allege that a surge
of imports of goods imported from Israel or
another CIFTA beneficiary undermines the
effectiveness of the surtax or the inclusion of
the goods on the Import Control List.
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| Who must file
complaint
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(3) The complaint must be filed by a
domestic producer of like or directly
competitive goods, or a person or association
acting on behalf of such a domestic producer.
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| Contents of
complaint
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(4) A complaint must state in reasonable
detail the facts on which the allegations are
based and must be accompanied by such
information as is available to the complainant
to prove those facts and such other
information as may be required by the rules.
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| Commence- ment of inquiry
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(5) 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
reasonable indication that a surge of imports
of goods referred to in subsection (1) is
undermining the effectiveness of the surtax or
the inclusion referred to in that subsection.
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| Notice of
decision
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(6) Where the Tribunal decides not to
commence an inquiry into a complaint under
subsection (5), 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,
where 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.
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| Surge of
imports
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(7) The Tribunal shall, in the inquiry,
determine whether a surge of imports of goods
referred to in subsection (1) is undermining
the effectiveness of the surtax or the inclusion
referred to in that subsection.
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| Report
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(8) 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
representations to the Tribunal during the
inquiry.
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| Notice of
report
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(9) The Tribunal shall cause notice of the
report to be given to other interested parties
and to be published in the Canada Gazette.
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| 1994, c. 47,
s. 38
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25. Subsection 30.03(1) of the Act is
replaced by the following:
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| Notice of
expiring
orders
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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 pursuant to subsection
59.1(1), (8) or (11) or 59.11(2), (13) or (20) of
the Customs Tariff or includes any goods on
the Import Control List pursuant to subsection
5(3), (3.2), (4.01) or (4.8) of the Export and
Import Permits Act, but no notice shall be
published if
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| 1994, c. 47,
s. 38
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26. Subsection 30.04(1) of the Act is
replaced by the following:
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| Filing of
request
relating to
extension
orders
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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 such a
domestic producer, may file with the Tribunal
a written request that an extension order be
made pursuant to subsection 59.1(8) or
59.11(13) 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.
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| 1994, c. 47,
s. 41
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27. Paragraph 39(1)(c) of the Act is
replaced by the following:
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| R.S., c. 1 (2nd
Supp.)
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Customs Act |
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| 1993, c. 44,
s. 81
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28. (1) The definition ``Certificate of
Origin'' in subsection 2(1) of the Customs
Act is replaced by the following:
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| ``Certificate
of Origin'' « certificat d'origine »
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``Certificate of Origin'' means the proof of
origin form for goods for which preferential
tariff treatment under NAFTA or
preferential tariff treatment under CIFTA is
claimed, prescribed under subsection
35.1(1) and subject to the regulations made
pursuant to paragraph 35.1(4)(b);
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``CIFTA'' « ALÉCI »
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``CIFTA'' has the same meaning as
``Agreement'' in subsection 2(1) of the
Canada-Israel Free Trade Agreement
Implementation Act;
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| ``imported
from Israel or
another
CIFTA
beneficiary'' « importées d'Israël ou d'un autre bénéficiaire de l'ALÉCI »
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``imported from Israel or another CIFTA
beneficiary'' has the same meaning as in
subsection 2(1) of the Customs Tariff;
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| ``Israel or
another
CIFTA
beneficiary'' « Israël ou autre bénéficiaire de l'ALÉCI »
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``Israel or another CIFTA beneficiary'' has the
same meaning as in subsection 2(1) of the
Customs Tariff;
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| ``preferen- tial tariff treatment under CIFTA'' « traitement tarifaire préférentiel de l'ALÉCI »
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``preferential tariff treatment under CIFTA''
means, in respect of goods, entitlement to
the benefit of the Canada-Israel Free Trade
Agreement Tariff, as defined in subsection
2(1) of the Customs Tariff;
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29. Section 32.2 of the Act is amended by
adding the following after subsection (1):
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| Correction to
declaration of
origin for
goods
imported from
Israel or
another
CIFTA
beneficiary
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(1.1) An importer or owner of goods for
which preferential tariff treatment under
CIFTA has been claimed or any person
authorized to account for those goods by
regulations made pursuant to paragraph
32(6)(a) or under subsection 32(7) shall,
within ninety days after the importer, owner or
person has reason to believe that a declaration
of origin for those goods made under this Act
is incorrect,
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30. Section 35.1 of the Act is amended by
adding the following after subsection (5):
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| Denial or
withdrawal of
preferential
tariff
treatment
under CIFTA
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(6) Preferential tariff treatment under
CIFTA may be denied or withdrawn in respect
of goods imported from Israel or another
CIFTA beneficiary for which that treatment is
claimed where the importer, owner or other
person required to furnish proof of origin of
the goods under this section fails to comply
with any provision of this Act or the Customs
Tariff concerning preferential tariff treatment
under CIFTA in respect of the goods.
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| 1993, c. 44,
s. 86
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31. The heading ``Verifications'' before
section 42.1 of the Act is replaced by the
following:
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Verifications under NAFTA |
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32. The Act is amended by adding the
following after section 42.4:
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Verifications under CIFTA |
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Verification of Origin
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| Methods of
verification
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42.5 (1) Any officer, or any officer within a
class of officers, designated by the Minister
for the purposes of this section, or any person
within a class of persons designated by the
Minister to act on behalf of such an officer,
may, subject to the prescribed conditions,
conduct a verification of origin of goods
imported from Israel or another CIFTA
beneficiary for which preferential tariff
treatment under CIFTA is claimed
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| Withdrawal of
preferential
tariff
treatment
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(2) Where an exporter or producer of goods
that are subject to a verification of origin
under subsection (1) fails to comply with the
prescribed requirements or, in the case of a
verification of origin under paragraph (1)(a),
does not consent to the verification of origin
in the prescribed manner and within the
prescribed time, preferential tariff treatment
under CIFTA may be withdrawn from the
goods.
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Statement of Origin
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| Statement of
origin
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42.6 (1) On completion of a verification of
origin under subsection 42.5(1), an officer
designated pursuant to that subsection shall
provide the exporter or producer whose goods
are subject to the verification of origin with a
statement as to whether the goods are eligible
for preferential tariff treatment under CIFTA
under the regulations made pursuant to section
13 of the Customs Tariff.
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| Statement of
origin
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(2) A statement referred to in subsection (1)
shall include any findings of fact or law on
which it was based.
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Production of Documents
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| 1993, c. 44,
s. 87
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33. Subsection 43.1(2) of the Act is
replaced by the following:
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| Advance
rulings -
CIFTA
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(1.1) Any officer, or any officer within a
class of officers, designated by the Minister
for the purposes of this section shall, before
goods are imported from Israel or another
CIFTA beneficiary, on application by any
member of a prescribed class that is made
within the prescribed time, in the prescribed
manner and in the prescribed form containing
the prescribed information, give an advance
ruling with respect to whether the goods
qualify as originating goods and are entitled to
the benefit of preferential tariff treatment
under CIFTA.
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| Regulations
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(2) The Governor in Council may make
regulations respecting
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34. (1) Section 57.2 of the Act is amended
by adding the following after subsection (3):
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| Subsections
(2.1) and (3)
not applicable
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(3.01) Subsections (2.1) and (3) do not
apply in respect of goods imported from Israel
or another CIFTA beneficiary for which
preferential tariff treatment under CIFTA is
claimed.
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(2) Section 57.2 of the Act is amended by
adding the following after subsection (4):
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| Re-deter- minations and appeals for goods of Israel or another CIFTA beneficiary
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(5) Subject to this section, sections 58 to 72
apply, with such modifications as the
circumstances require, in respect of a
determination of origin under this section as to
the origin of goods imported from Israel or
another CIFTA beneficiary for which
preferential tariff treatment under CIFTA is
claimed as if it were a determination of the
tariff classification of the goods, and, for
greater certainty, any matter that may be
prescribed in relation to a request referred to
in subsection 60(2) or 63(2) may be prescribed
in relation to a request for a re-determination
or further re-determination of the origin of the
goods.
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| Additional
persons who
may request
re-deter- mination
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(6) In addition to the importer or any person
who is liable to pay duties owing on the goods,
other than a person authorized by regulations
made pursuant to paragraph 32(6)(a) or under
subsection 32(7) to account for the goods, any
person who has completed and signed a
Certificate of Origin for goods imported from
Israel or another CIFTA beneficiary for which
preferential tariff treatment under CIFTA is
claimed that are the subject of a determination
of origin under this section is entitled to
request a re-determination of the origin of
those goods under subsection 60(1) as applied
by subsection (5).
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| Notice of
re-deter- mination by designated officer or Deputy Minister
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(7) In addition to the person who accounted
for the goods under subsection 32(1), (3) or
(5), the importer of the goods or the person
who was the owner of the goods at the time of
release, any person who has completed and
signed a Certificate of Origin for goods
imported from Israel or another CIFTA
beneficiary for which preferential tariff
treatment under CIFTA is claimed that are the
subject of a determination of origin under this
section is entitled to be given notice of the
re-determination of the origin of those goods
under section 61 or 64 as applied by
subsection (5), as the case may be.
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| Effect of
re-deter- mination by designated officer
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(8) In the case of a re-determination by a
designated officer of the origin of goods
imported from Israel or another CIFTA
beneficiary for which preferential tariff
treatment under CIFTA is claimed that are the
subject of a determination of origin under this
section, the reference in subsection 62(1) to
``the person who was given notice of the
decision under that section'' and the reference
in subsection 62(2) to ``the person referred to
in that subsection'' shall be read as references
to
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| Effect of
re-deter- mination by Deputy Minister
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(9) In the case of a re-determination by the
Deputy Minister of the origin of goods
imported from Israel or another CIFTA
beneficiary for which preferential tariff
treatment under CIFTA is claimed that are the
subject of a determination of origin under this
section, the reference in subsection 65(1) to
``the person who is given notice of the
decision under that section'' and the reference
in subsection 65(2) to ``the person'' shall be
read as references to
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| 1993, c. 44,
s. 97
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35. Section 72 of the Act is replaced by the
following:
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| Limitation
relating to
security
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72. No security may be given under
paragraph 58(2)(a), 62(1)(a) or 65(1)(a) or
subsection 69(1) in respect of any amount
owing as surtaxes levied under section 59,
59.1, 59.11 or 60 of the Customs Tariff,
temporary duties levied under section 60.1,
60.11, 60.12, 60.2, 60.3 or 60.4 of that Act or
surcharges levied under section 61 of that Act.
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| 1993, c. 44,
s. 98(1)
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36. (1) Paragraphs 74(1)(c.1) and (c.2) of
the Act are replaced by the following:
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