Bill C-61

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Royal Assent

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Refund orders	(10) For the purpose of carrying out Article 6 of the Agreement on Safeguards in Annex 1A of the World Trade Organization Agreement, the Governor in Council may, on the recommendation of the Minister of Finance, by order, refund any surtaxes paid as required by an order made pursuant to paragraph (2)(a).
Duration of order	(11) Where an order is made pursuant to subsection (2) in respect of goods imported from Israel or another CIFTA beneficiary on the basis of a report of the Minister of Finance, the order ceases to have effect with respect to those goods on the expiration of the two hundredth day after the day on which the order is made, unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council pursuant to the Canadian International Trade Tribunal Act that the quantity of the goods
	(a) is substantial in comparison with the quantity of goods of the same kind imported from other countries, and
	(b) contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods,
	in which case the order shall remain in effect for such period, not exceeding four years, as is specified in the order.
Revocation of order	(12) Where an order is made pursuant to subsection (2) in respect of goods imported from Israel or another CIFTA beneficiary on the basis of a report of the Minister of Finance, the order shall be revoked by the Governor in Council if the Governor in Council is satisfied, on the basis of a report of the Canadian International Trade Tribunal, made pursuant to the Canadian International Trade Tribunal Act, that the quantity of the goods
	(a) is not substantial in comparison with the quantity of goods of the same kind imported from other countries; or
	(b) does not contribute importantly to the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Extension order	(13) Subject to subsection (16), where, at any time before the expiration of an order with respect to any goods made pursuant to this subsection, subsection (2) or (20) of this section or subsection 5(3), (3.2) or (4.8) of the Export and Import Permits Act, 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 of like or directly competitive goods are adjusting, as determined in accordance with any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act,
	the Governor in Council may, on the recommendation of the Minister of Finance, make an extension order imposing a surtax on any goods specified in the previous order imported from Israel or another CIFTA beneficiary.
Scope and rate	(14) Where an extension order is made pursuant to subsection (13),
	(a) the extension order applies to goods imported into Canada, or any region or part of Canada, specified in the order during the period that the order is in effect; and
	(b) the rate of the surtax imposed by the extension order shall, subject to subsection (15),
	(i) be at a rate specified in the extension order, or
	(ii) be at a rate specified in the extension order that varies from time to time as the quantity of the goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order.
Maximum rate	(15) The rate specified in the extension order shall not exceed
	(a) the lowest rate, if any, previously imposed with respect to the goods pursuant to subsection (2), (13) or (20); and
	(b) the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy serious injury to domestic producers of like or directly competitive goods and to facilitate the adjustment of the domestic producers.
Limitation	(16) An extension order under subsection (13) may not be made in respect of goods imported from Israel or another CIFTA beneficiary unless it appears to the satisfaction of the Governor in Council, pursuant to a report made under the Canadian International Trade Tribunal Act, that the quantity of such goods
	(a) represents a substantial share of total imports of goods of the same kind; and
	(b) contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods.
Period and revocation of extension orders	(17) Every extension order made pursuant to subsection (13)
	(a) shall, subject to this section, remain in effect for such period as is specified in the order, but the total of the specified period and the periods during which the goods were subject to related orders made pursuant to subsection (2), (13) or (20) of this section or subsection 5(3), (3.2) or (4.8) of the Export and Import Permits Act shall not exceed eight years; and
	(b) may, notwithstanding any other provision of this section, be amended or revoked at any time by the Governor in Council on the recommendation of the Minister of Finance, unless, before that time, a resolution praying that the order be revoked has been adopted by both Houses of Parliament pursuant to subsection (18).
Resolution of Parliament revoking order	(18) Notwithstanding anything in this section, where an order made pursuant to subsection (2), (13) or (20) remains in effect by reason of any provision of this section and a resolution praying that it be revoked is adopted by both Houses of Parliament, the order shall cease to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order shall cease to have effect, on that specified day.
Notice in Canada Gazette	(19) Where an order made pursuant to
	(a) subsection (2) remains in effect by reason of subsection (11), or
	(b) subsection (2), (13) or (20) ceases to have effect by reason of a resolution of both Houses of Parliament,
	the Minister of Finance shall cause a notice to that effect to be published in the Canada Gazette.
Surtax	(20) Where an order has been made under subsection 59.1(1) or (8) in respect of goods and the Governor in Council is satisfied, on the recommendation of the Minister of Finance made as a result of an inquiry by the Canadian International Trade Tribunal, that
	(a) there has been a surge of goods of the same kind imported from Israel or another CIFTA beneficiary on or after the coming into force of the order, and
	(b) as a result thereof, the effectiveness of the imposition of the surtax is being undermined,
	the Governor in Council may, by order, make any goods of that kind that are imported from Israel or another CIFTA beneficiary, when imported into Canada or any region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax at a rate specified in the order, or at a rate specified in the order that varies from time to time as the quantity of such goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order, but no such rate shall, at the maximum, exceed the rate that, in the opinion of the Governor in Council, is sufficient to prevent the undermining of the effectiveness of the order under subsection 59.1(1) or (8).
Rate	(21) The rate of a surtax imposed on goods imported from Israel or another CIFTA beneficiary under subsection (2), (13) or (20) need not be the same rate as that imposed under subsection 59.1(1) or (8) on goods of the same kind imported from any other country, but it shall in no case exceed the rate of surtax imposed under subsection 59.1 (1) or (8) on goods of the same kind imported from any other country.
Limitation	(22) Where the Governor in Council makes an order under subsection (2), (13) or (20), the Governor in Council shall be guided by the provisions of subparagraph 5(b) of Article 4.6 of the Canada-Israel Free Trade Agreement.
Expiration	(23) Subsection (4) ceases to be in force on December 31, 2008.
Regulations	(24) The Governor in Council may make regulations for carrying out the purposes of this section and may, by order, suspend the surtax or rate in whole or in part from application to the goods of any country or any class of such goods.
Decision of Governor in Council final	(25) The decision of the Governor in Council is final on any question that may arise regarding the application of the surtax or rate imposed pursuant to this section.
Transitional	(26) For the purposes of this section, every order made, before this section is in force, under subsection 59.1(1) or (8) in respect of goods imported from Israel or another CIFTA beneficiary is deemed to have been made under subsection (2).
	Amendments to Surtax Orders
Revocation or amendment of surtax order	59.2 Where at any time it appears to the satisfaction of the Governor in Council, as a result of a mid-term review by the Canadian International Trade Tribunal under section 19.02 of the Canadian International Trade Tribunal Act, that an order imposing or extending the application of a surtax under section 59.1 or 59.11 should be revoked or amended, the Governor in Council may, on the recommendation of the Minister of Finance, by order, revoke or amend the order.
	Global and United States Emergency Measures
	48. The Act is amended by adding the following after section 60.11:
	Bilateral Emergency Measures - Israel or another CIFTA Beneficiary
Order by Governor in Council	60.12 (1) Subject to subsection (2), where at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.011(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.04) of that Act, that goods of any kind that are entitled to the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported into Canada in such increased quantities and under such conditions as to alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister of Finance, by order,
	(a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of the Canada-Israel Free Trade Agreement Tariff; or
	(b) make those goods subject to a temporary duty, over and above any other duty specified in this Act or in any other law relating to customs, at a rate specified in the order, but no such rate shall, together with the rate of customs duty specified in the Canada-Israel Free Trade Agreement Tariff that is in effect in respect of those goods at that time, exceed the lesser of
	(i) the Most-Favoured-Nation rate of customs duty that is in effect in respect of those goods at the time the order is made, and
	(ii) the Most-Favoured-Nation or General Preferential Tariff rate of customs duty that was in effect in respect of those goods on the day before the coming into force of this section.
No order after July 1, 1999	(2) An order made under subsection (1) shall not be made, or remain in effect, after July 1, 1999.
Definition of ``principal cause''	(3) In this section, ``principal cause'' means, in respect of a serious injury, an important cause that is no less important than any other cause of the serious injury.
1993, c. 44, s. 130	49. Subsection 60.3(2) of the Act is replaced by the following:
Application	(2) This section applies to goods of tariff item Nos. 0603.10.29, 0603.10.30, 0702.00.91, 0703.10.31, 0707.00.91, 0710.80.20, 0811.10.10, 0811.10.90 and 2002.90.00 that are entitled to the benefit of the Mexico Tariff.
1994, c. 47, s. 86	50. Paragraph 62(1)(c) of the Act is replaced by the following:
	(c) reduce or remove customs duties on goods imported, whether before or after the order comes into force, from any country by way of compensation for any action taken under subsection 59.1(1), (8) or (11), 59.11(2), (13) or (20), 60(1) or (6.1), 60.1(1), 60.11(2), 60.12(1) or 60.4(1) of this Act or under subsection 5(3), (3.2), (4.01), (4.2) or (4.8) of the Export and Import Permits Act.
1994, c. 47, s. 87	51. The definition ``customs duties'' in section 66 of the Act is replaced by the following:
``customs duties'' « droits de douane »	``customs duties'' means the customs duties imposed under Part I, other than surtaxes imposed under section 59, 59.1, 59.11, 60 or 60.01, temporary duties imposed under section 60.1, 60.12 or 60.2 or surcharges imposed under section 61;
1995, c. 41, s. 47	52. Subsection 83.01(1) of the Act is replaced by the following:
Definition of ``customs duties''	83.01 (1) In sections 83.02 and 83.03, ``customs duties'' means any customs duties imposed on imported goods under Part I, other than additional customs duties levied under section 20, or surtaxes imposed under section 59, 59.1, 59.11, 60 or 60.01, temporary duties imposed under section 60.1, 60.11, 60.12, 60.2 or 60.4 or surcharges imposed under section 61.
1995, c. 41, s. 55(1)	53. Subparagraph 95(1)(a)(iii) of the Act is replaced by the following:
	(iii) the circumstances in which, and the classes of goods in respect of which, no relief of duties levied under section 20 or levied under the Special Import Measures Act, surtax imposed under section 59, 59.1, 59.11 or 60, temporary duty imposed under section 60.1, 60.11, 60.12, 60.2, 60.3 or 60.4, surcharge imposed under section 61, tax levied under the Excise Tax Act or duty imposed under the Excise Act may be granted,
1995, c. 41, s. 56	54. Paragraph 100(5)(a) of the Act is replaced by the following:
	(a) the circumstances in which, and the classes of goods in respect of which, no refund or drawback of duties levied under section 20 or under the Special Import Measures Act, surtax levied under section 59, 59.1, 59.11 or 60, temporary duty levied under section 60.1, 60.11, 60.12, 60.2, 60.3 or 60.4, surcharge levied under section 61, tax levied under the Excise Tax Act or duty levied under the Excise Act shall be granted under subsection (1);
	55. Schedule I to the Act is amended by
	(a) striking out tariff item Nos. 0603.10.20, 0902.10.00, 0902.30.00, 1211.10.00, 1211.20.00, 1211.90.00, 5402.41.10, 5402.41.90 and 8529.90.60;
	(b) replacing the preamble before tariff item No. 1901.90.31 with the following:
	- - - Food preparations of goods of heading Nos. 04.01 to 04.04 containing more than 10% but less than 50% on a dry weight basis of milk solids:
	(c) adding, in numerical order, the subheading Nos., preambles and tariff item Nos. set out in the schedule to this Act;
	(d) adding, in the Most-Favoured-Nation Tariff column, the rate of ``CIFTA Free'' for tariff item Nos. 0601.10.11, 0601.10.19, 0601.10.21, 0601.10.22, 0601.10.23, 0601.10.29, 0601.20.11, 0601.20.19, 0601.20.21, 0601.20.22, 0601.20.29, 0602.10.00, 0602.20.00, 0602.30.00, 0602.40.10, 0602.40.90, 0602.90.10, 0602.90.20, 0602.90.91, 0602.90.99, 0603.10.11, 0603.10.19, 0603.10.30, 0603.10.90, 0603.90.11, 0603.90.19, 0603.90.20, 0603.90.90, 0604.10.00, 0604.91.10, 0604.91.20, 0604.91.30, 0604.91.90, 0604.99.10, 0604.99.90, 0701.10.00, 0709.90.10, 0709.90.20, 0709.90.31, 0709.90.39, 0709.90.41, 0709.90.49, 0709.90.60, 0709.90.91, 0709.90.99, 0712.20.00, 0712.30.10, 0712.30.20, 0712.90.10, 0712.90.20, 0712.90.30, 0712.90.90, 0713.10.10, 0713.10.90, 0713.33.10, 0713.33.91, 0713.33.99, 0806.10.10, 0806.10.91, 0806.10.99, 0810.20.11, 0810.20.19, 0810.20.90, 0810.30.00, 0810.40.10, 0810.40.90, 0904.11.00, 0904.12.00, 0904.20.10, 0904.20.21, 0904.20.29, 0910.10.10, 0910.10.20, 0910.20.00, 0910.30.00, 0910.40.10, 0910.40.20, 0910.50.00, 0910.91.10, 0910.91.20, 0910.99.11, 0910.99.19, 0910.99.91, 0910.99.92, 1001.10.10, 1001.90.10, 1003.00.11, 1003.00.91, 1005.90.10, 1101.00.10, 1106.10.10, 1106.10.90, 1106.20.10, 1106.20.90, 1106.30.00, 1107.10.11, 1107.10.91, 1107.20.11, 1107.20.91, 1212.30.00, 1214.10.00, 1302.11.00, 1302.12.00, 1302.13.00, 1302.14.00, 1302.19.00, 1302.20.00, 1302.31.00, 1302.32.00, 1302.39.00, 1601.00.31, 1601.00.99, 1602.50.99, 1604.11.00, 1701.11.10, 1701.11.20, 1701.11.30, 1701.11.40, 1701.11.50, 1701.12.00, 1701.91.00, 1701.99.00, 1702.11.00, 1702.19.00, 1702.20.00, 1702.40.00, 1702.50.00, 1702.60.00, 1702.90.10, 1702.90.20, 1702.90.31, 1702.90.32, 1702.90.33, 1702.90.34, 1702.90.35, 1702.90.36, 1702.90.37, 1702.90.38, 1702.90.40, 1702.90.50, 1702.90.60, 1702.90.90, 1703.10.10, 1703.10.20, 1703.10.30, 1703.10.90, 1703.90.10, 1703.90.20, 1703.90.90, 1704.10.00, 1704.90.10, 1704.90.20, 1704.90.30, 1704.90.90, 1801.00.00, 1802.00.00, 1803.10.00, 1803.20.00, 1804.00.00, 1805.00.00, 1806.10.10, 1806.10.90, 1806.20.10, 1806.20.20, 1806.20.31, 1806.20.90, 1806.31.00, 1806.32.00, 1806.90.11, 1806.90.90, 1901.10.10, 1901.10.20, 1901.10.31, 1901.10.39, 2001.10.00, 2001.20.00, 2001.90.10, 2001.90.90, 2005.90.99, 2006.00.10, 2006.00.20, 2006.00.90, 2007.10.00, 2007.91.00, 2007.99.10, 2007.99.20, 2007.99.90, 2008.11.10, 2008.11.20, 2008.11.90, 2008.19.10, 2008.19.90, 2009.11.10, 2009.11.90, 2009.19.10, 2009.19.90, 2009.20.10, 2009.20.90, 2009.80.11, 2009.80.12, 2009.80.19, 2009.90.20, 2101.11.10, 2101.11.90, 2101.12.00, 2101.20.00, 2101.30.10, 2101.30.90, 2103.10.00, 2103.30.10, 2103.30.20, 2103.90.10, 2103.90.20, 2103.90.90, 2104.10.00, 2104.20.00, 2106.10.00, 2203.00.00, 2208.20.00, 2208.40.10, 2208.40.20, 2208.50.00, 2208.60.00, 2208.70.00, 2208.90.20, 2208.90.41, 2208.90.49, 2208.90.50, 2208.90.91, 2208.90.92 and 2208.90.99; and
	(e) adding, in the Most-Favoured-Nation Tariff column, the following rates of customs duty for the following tariff item Nos.:
	(i) 1602.31.92, CIFTA 10%,
	(ii) 1902.11.11, CIFTA 4%,
	(iii) 1902.11.90, CIFTA 4%,
	(iv) 1902.19.91, CIFTA 4%,
	(v) 1902.19.99, CIFTA 4%,
	(vi) 1902.40.10, CIFTA 5%,
	(vii) 1902.40.20, CIFTA 3%, and
	(viii) 2005.70.90, CIFTA 6% on and after January 1, 1997 and CIFTA 5% on and after January 1, 1998.
	56. Schedule II to the Act is amended by replacing

Bill C-61

Amendments to Surtax Orders

Global and United States Emergency Measures

Bilateral Emergency Measures - Israel or another CIFTA Beneficiary