Bill C-35
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SUMMARY |
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This enactment makes several amendments to the Special Import
Measures Act and the Canadian International Trade Tribunal Act. It
gives effect to recommendations set out in the December 1996 Report
on the Special Import Measures Act that was issued by the
Sub-Committee on the Review of the Special Import Measures Act (of
the Standing Committee on Finance) and the Sub-Committee on Trade
Disputes (of the Standing Committee on Foreign Affairs and
International Trade). The key elements of the enactment include the
following:
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The enactment also includes housekeeping amendments that clarify
existing provisions of the Special Import Measures Act.
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EXPLANATORY NOTES |
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Special Import Measures Act |
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Clause 1: (1) and (2) The definitions ``domestic
industry'' and ``order or finding'' in subsection 2(1) read
as follows:
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``domestic industry'' means, other than for the purposes of section 31
and subject to subsection (1.1), the domestic producers as a whole
of the like goods or those domestic producers whose collective
production of the like goods constitutes a major proportion of the
total domestic production of the like goods except that, where a
domestic producer is related to an exporter or importer of dumped
or subsidized goods, or is an importer of such goods, ``domestic
industry'' may be interpreted as meaning the rest of those domestic
producers;
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``order or finding'', in relation to the Tribunal,
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(3) The relevant portion of the definition ``properly
documented'' in subsection 2(1) reads as follows:
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``properly documented'', in relation to a complaint respecting the
dumping or subsidizing of goods, means that
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(4) The relevant portion of the definition ``subsidized
goods'' in subsection 2(1) reads as follows:
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``subsidized goods'' means
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(5) The relevant portion of the definition ``subsidy''
in subsection 2(1) reads as follows:
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``subsidy'' means
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(6) New.
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Clause 2: (1) The relevant portion of subsection 3(1)
reads as follows:
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3. (1) Subject to section 7.1, there shall be levied, collected and paid
on all dumped and subsidized goods imported into Canada in respect of
which the Tribunal has made an order or finding, before the release of
the goods, that the dumping or subsidizing of goods of the same
description has caused injury or retardation or is threatening to cause
injury, a duty as follows:
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(2) Subsection 3(2) reads as follows:
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(2) Where the Tribunal has made an order or finding referred to in
subsection (1) in respect of goods that are subject to an undertaking
referred to in section 7.1 and the undertaking is subsequently violated,
there shall be levied, collected and paid on all of those goods that were
released on or after the day on which the undertaking was violated, a
duty as provided under paragraphs (1)(a) and (b).
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Clause 3: (1) The relevant portion of subsection 8(1.1)
reads as follows:
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(1.1) Where an order or finding of the Tribunal under subsection
43(1), 76(4.1) respecting a review pursuant to subsection 76(2.1), or
91(3), other than an order or finding described in any of sections 3 to 6,
is referred back to the Tribunal under subsection 77.015(3) or (4) or
77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer
of dumped or subsidized goods that are of the same description as any
goods to which the order or finding applies and that are released during
the period commencing on the day on which the preliminary
determination is made and ending on the day on which the Tribunal
makes an order or finding, on the referral back, with respect to goods of
that description, shall, on demand of the Deputy Minister for payment
of provisional duty on the imported goods, at the option of the importer,
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(2) New.
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(3) The relevant portion of subsection 8(2) reads as
follows:
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(2) Any provisional duty paid or security posted pursuant to
subsection (1) or (1.1) by or on behalf of an importer in respect of the
importation of dumped or subsidized goods of any description shall
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(4) The relevant portion of subsection 8(6) reads as
follows:
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(6) Where the Deputy Minister terminates an undertaking pursuant
to subsection 51(1) or 52(1) with respect to dumped or subsidized
goods, the collection of provisional duties on those goods is resumed
and the importer of dumped or subsidized goods that are of the same
description as any goods to which the preliminary determination
applied and that are released during the period beginning on the day on
which the undertaking was terminated and ending on the earlier of
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Clause 4: Subsection 9.4(1) reads as follows:
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9.4 (1) Where an order or finding of the Tribunal under subsection
76(4) rescinding an order or finding described in any of sections 3 to 6
is referred back to the Tribunal under subsection 77.015(3) or (4) or
77.019(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer
of dumped or subsidized goods that are of the same description as any
goods to which the rescinded order or finding applied and that are
released on or after the day on which the order of the panel referring the
rescinding order or finding back is made, shall pay or cause to be paid
duty on the imported goods as if the rescinded order or finding had not
been rescinded.
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Clause 5: Subsection 12(2) reads as follows:
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(2) Where the Minister is satisfied that, because of a clerical or
arithmetical error, an amount has been paid as duty in respect of goods
that was not properly payable, the Minister shall return that amount to
the importer or owner of the goods by or on whose behalf it was paid.
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Clause 6: (1) Subsection 13.2(1) reads as follows:
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13.2 (1) An exporter to Canada of any goods to which an order or
finding referred to in section 3 applies may request that the Deputy
Minister review the normal value, export price or amount of subsidy in
relation to those goods where
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(2) Subsection 13.2(5) reads as follows:
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(5) A confirmation or amendment of a normal value, export price or
amount of subsidy under subsection (3) shall, for the purposes of
subsection 56(1), be deemed to be a determination of a normal value,
export price or amount of subsidy, as the case may be, by a customs
officer referred to in that subsection.
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Clause 7: New.
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Clause 8: (1) The relevant portion of subsection 21(1)
reads as follows:
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21. (1) Where any sale of like goods referred to in section 17,
paragraph 19(a), subparagraph 20(c)(i) or paragraph 20(d) was made
on credit terms other than cash discounts, the price for which the like
goods were sold is deemed, for the purpose of that provision, to be an
amount equal to the quotient obtained when
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(2) New.
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Clause 9: The relevant portion of section 26 reads as
follows:
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26. Where the manufacturer, producer, vendor or exporter of goods
sold to an importer in Canada undertakes, directly or indirectly in any
manner whatever, to indemnify, pay on behalf of or reimburse the
importer or purchaser in Canada of the goods for all or any part of the
anti-dumping duty that may be levied on the goods,
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Clause 10: New.
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Clause 11: The relevant portion of subsection 30(2)
reads as follows:
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(2) Where any goods
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the normal value and export price of the goods shall, notwithstanding
any other provision of this Act, be determined as if the goods were or
were to be shipped directly to Canada from the country of origin.
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Clause 12: Section 30.1 reads as follows:
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30.1 For the purposes of subparagraphs 35(1)(a)(ii), 38(1)(a)(i) and
41(1)(a)(ii) and paragraphs 41.1(1)(a) and 41.1(2)(a), the margin of
dumping in relation to goods from a particular country is the weighted
average of the margins of dumping determined in accordance with
section 30.2.
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Clause 13: Subsections 30.2(1) and (2) read as
follows:
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30.2 (1) Subject to subsection (2), the margin of dumping in relation
to any goods from a particular exporter is zero or the amount determined
by subtracting the weighted average export price of the goods from the
weighted average normal value of the goods, whichever is greater.
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(2) Where, in the opinion of the Deputy Minister, there are
significant variations in the prices of goods from a particular exporter
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the Deputy Minister may determine the margin of dumping in relation
to any goods from that exporter to be the weighted average of the
margins of dumping in relation to the goods of that exporter that are sold
in such individual sales of goods of that exporter as the Deputy Minister
considers relevant.
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Clause 14: Subsection 30.3(1) reads as follows:
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30.3 (1) The Deputy Minister may, where the Deputy Minister is of
the opinion that it would be impracticable to determine a margin of
dumping in relation to all goods under consideration because of the
number of exporters, producers or importers, the variety or volume of
goods or any other reason, determine margins of dumping in relation to
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Clause 15: (1) Subsection 31(2.1) is new. Subsections
31(2) and (3) read as follows:
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(2) No investigation may be initiated under subsection (1) as a result
of a complaint unless the complaint is supported by domestic producers
whose production represents more than fifty per cent of the total
production of like goods by those domestic producers who express
either support for or opposition to the complaint and the production of
the domestic producers who support the complaint represents
twenty-five per cent or more of the total production of like goods by the
domestic industry.
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(3) In subsection (2), domestic industry means, subject to subsection
2(1.1), the domestic producers as a whole of the like goods except that,
where a domestic producer is related to an exporter or importer of
allegedly dumped or subsidized goods, or is an importer of such goods,
``domestic industry'' may be interpreted as meaning the rest of those
domestic producers.
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(2) The relevant portion of subsection 31(4) reads as
follows:
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(4) For the purposes of subsection (3), a domestic producer is related
to an exporter or an importer where
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Clause 16: Subsection 32(3) reads as follows:
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(3) Where a written complaint filed with the Tribunal pursuant to
subsection 23(1) of the Canadian International Trade Tribunal Act is
referred to the Deputy Minister pursuant to subsection 26(5) or 28(1) of
that Act, the Deputy Minister shall be deemed to have received a written
complaint described in subsection (1).
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Clause 17: Sections 34 and 35 read as follows:
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34. (1) Where the Deputy Minister causes an investigation to be
initiated respecting the dumping or subsidizing of goods,
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(2) Where, pursuant to a reference under paragraph (1)(b), the
Tribunal advises the Deputy Minister in writing that the evidence
discloses a reasonable indication that the dumping or subsidizing of the
goods has caused injury or retardation or is threatening to cause injury,
the Deputy Minister shall continue the investigation.
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35. (1) Where, at any time before making a preliminary
determination under subsection 38(1) in respect of goods imported
from a country or countries,
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the Deputy Minister shall, subject to subsections (2) and (3),
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(2) Where, in the case of an investigation described in paragraph
(1)(b) respecting the dumping or subsidizing of goods, the Deputy
Minister comes to the conclusion referred to in that paragraph in respect
of some or all of those goods,
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(3) Where notice is given pursuant to paragraph (2)(a) in an
investigation, the Deputy Minister may not terminate the investigation
with respect to the goods to which the notice relates by reason only that
the Deputy Minister has come to the conclusion referred to in paragraph
(1)(b) in respect of those goods,
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Clause 18: (1) Paragraph 35.1(1)(c) is new. The
relevant portion of subsection 35.1(1) reads as follows:
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35.1 (1) Immediately after goods of Chile are exempted from the
application of this Act in respect of dumping by regulations made under
section 14,
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(2) The relevant portion of subsection 35.1(2) reads as
follows:
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(2) The Deputy Minister shall cause notice of the termination under
paragraph (1)(a)
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Clause 19: Section 36 reads as follows:
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36. Where a reference is made to the Tribunal pursuant to paragraph
34(1)(b) and the Tribunal advises with respect to any of the goods that
are the subject of the reference that the evidence does not disclose a
reasonable indication that the dumping or subsidizing of those goods
has caused injury or retardation or is threatening to cause injury, the
Deputy Minister shall terminate the investigation in respect of those
goods forthwith after receipt of the advice and shall cause notice of the
termination to be given and published as provided in paragraph
34(1)(a).
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Clause 20: The relevant portion of section 37 reads as
follows:
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37. Where a reference is made to the Tribunal pursuant to section 33,
34 or 35 on any question in relation to any matter before the Deputy
Minister,
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Clause 21: Section 37.1 is new. The heading before
section 38 reads as follows:
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Preliminary Determination |
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Clause 22: (1) and (2) The relevant portion of
subsection 38(1) reads as follows:
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38. (1) Subject to sections 39 and 40, after the fifty-ninth day and on
or before the ninetieth day following the initiation of an investigation
under section 31, the Deputy Minister shall make a preliminary
determination of dumping or subsidizing with respect to the goods in
respect of which the investigation has not been terminated pursuant to
section 35 or 36 and that there is evidence that discloses a reasonable
indication that the dumping or subsidizing has caused injury or
retardation or is threatening to cause injury after estimating and
specifying, in relation to each exporter of goods in respect of which the
investigation is made, as follows:
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Clause 23: The relevant portion of subsection 39(1)
reads as follows:
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39. (1) Subject to section 40, where, in any investigation respecting
the dumping or subsidizing of goods, the Deputy Minister, before the
expiration of the ninety days referred to in subsection 38(1), causes
written notice to be given to the persons and the government referred to
in paragraph 34(1)(a) that by reason of
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Clause 24: Section 40 reads as follows:
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40. Where, in any investigation respecting the dumping or
subsidizing of goods, notice is given and published pursuant to
paragraph 35(2)(a), there shall not be counted as one of the ninety days
referred to in section 38 or as one of the one hundred and thirty-five days
referred to in subsection 39(1)
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Clause 25: (1) and (2) The relevant portion of
subsection 41(1) reads as follows:
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41. (1) Within ninety days after making a preliminary determination
under subsection 38(1) in respect of goods imported from a country or
countries, the Deputy Minister shall
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(3) Subsection 41(2) reads as follows:
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(2) The Deputy Minister shall not specify anything pursuant to
clause (1)(a)(iv)(C) where he is of the opinion that, having regard to the
country that is providing the export subsidy, the nature of the goods and
the circumstances under which the export subsidy is provided,
provision of the export subsidy in relation to those goods is not
inconsistent with that country's obligations under the international
agreement known as the General Agreement on Tariffs and Trade.
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Clause 26: (1) and (2) The relevant portion of
subsection 42(3) reads as follows:
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(3) In making or resuming its inquiry under subsection (1), the
Tribunal may make an assessment of the cumulative effect of the
dumping or subsidizing of goods to which the preliminary
determination applies that are imported into Canada from more than one
country if
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(3) New.
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(4) New.
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Clause 27: Section 45 reads as follows:
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45. (1) Where, as a result of an inquiry referred to in section 42
arising out of the dumping or subsidizing of any goods, the Tribunal
makes an order or finding described in any of sections 3 to 6 with respect
to those goods and the Tribunal is of the opinion that the imposition of
an anti-dumping or countervailing duty, or the imposition of such a duty
in the full amount provided for by any of those sections, in respect of the
goods would not or might not be in the public interest, the Tribunal shall,
forthwith after making the order or finding,
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(2) Where any person interested in an inquiry referred to in
subsection (1) makes a request to the Tribunal for an opportunity to
make representations to the Tribunal on the question whether the
Tribunal should, if it makes an order described in any of sections 3 to
6 with respect to any goods in respect of which the inquiry is being
made, make a report pursuant to paragraph (1)(a) with respect to those
goods, the Tribunal shall afford that person an opportunity to make
representations to the Tribunal on that question orally or in writing, or
both, as the Tribunal directs in the case of that inquiry.
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Clause 28: Subsection 47(1) reads as follows:
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47. (1) Subject to Part I.1 or II and subsections 76(2.1) and (2.2), an
order or finding made by the Tribunal with respect to any dumped or
subsidized goods, other than an order or finding described in any of
sections 3 to 6, terminates all proceedings under this Act respecting the
dumping or subsidizing of the goods.
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Clause 29: New.
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Clause 30: New.
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Clause 31: (1) The relevant portion of subsection
52(1) reads as follows:
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52. (1) Where, at any time after accepting an undertaking or
undertakings with respect to any dumped or subsidized goods that were
the subject of an investigation, the Deputy Minister
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(2) and (3) The relevant portion of subsection 52(1.1)
reads as follows:
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(1.1) Where, at any time after the Deputy Minister accepts an
undertaking or undertakings with respect to any dumped or subsidized
goods that were the subject of an investigation,
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(4) Subsection 52(1.2) reads as follows:
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(1.2) Except where the Tribunal has made an order or finding under
subsection 43(1) that the dumping or subsidizing of the goods to which
the preliminary determination applies has caused injury or retardation
or is threatening to cause injury, and that order or finding has not been
rescinded under subsection 76(4), (4.1) or (4.11) or 76.1(2), the Deputy
Minister shall terminate the undertaking or undertakings where, at any
time after accepting the undertaking or undertakings, the Deputy
Minister is satisfied that, notwithstanding the termination of the
undertaking or undertakings, the condition in paragraph 49(1)(a) or (b),
as the case may be, would no longer exist.
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Clause 32: (1) The relevant portion of subsection
53(1) reads as follows:
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53. (1) Except where the Tribunal has made an order or finding under
subsection 43(1) that the dumping or subsidizing of the goods to which
the preliminary determination applies has caused injury or retardation
or is threatening to cause injury and that order or finding has not been
rescinded under subsection 76(4), (4.1) or (4.11) or 76.1(2), the Deputy
Minister shall review the undertaking before the expiration of five years
from the date on which it was accepted and before the expiration of each
subsequent period, if any, for which it is renewed pursuant to this
section and if, on any such review, the Deputy Minister is satisfied
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(2) Subsection 53(2) reads as follows:
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(2) An undertaking that is not renewed for a further period pursuant
to a review under subsection (1) expires at the end of the period before
the expiration of which the review was required to be made.
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Clause 33: Section 57 reads as follows:
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57. A designated officer may re-determine any determination
referred to in subsection 56(1),
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unless the Deputy Minister has previously re-determined the
determination pursuant to section 59.
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Clause 34: (1) and (2) The relevant portion of
subsection 59(1) reads as follows:
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59. (1) Subject to subsection (3), the Deputy Minister may
re-determine any determination or re-determination referred to in
section 55, 56 or 57 made in respect of any imported goods
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(3) New.
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(4) Subsection 59(2) reads as follows:
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(2) The Deputy Minister may re-determine any determination or
re-determination referred to in section 55, 56 or 57 made in respect of
any imported goods at any time for the purpose of giving effect to a
decision of a panel under Part I.1 or II with respect to the goods.
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(5) Subsection 59(3.1) reads as follows:
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(3.1) The Deputy Minister shall cause notice of each
re-determination under this section to be forwarded, by registered mail,
to the importer and, where the imported goods are goods of a NAFTA
country, to the government of that NAFTA country, to such persons as
may be prescribed and, if the re-determination gives effect to a decision
of a panel under Part I.1, to the Canadian Secretary.
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(6) Subsection 59(4) reads as follows:
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(4) The Deputy Minister shall cause notice of each re-determination
under this section to be forwarded, by registered mail, to the importer
and, where the imported goods are goods of the United States, to the
United States government, to such persons as may be prescribed and,
if the re-determination gives effect to a decision of a panel under Part
II, to the Canadian Secretary.
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Clause 35: Subsection 61(2) reads as follows:
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(2) Notice of the hearing of an appeal under subsection (1) shall be
published in the Canada Gazette at least twenty-one days prior to the
day of the hearing, and any person who on or before that day enters an
appearance with the Secretary of the Tribunal may be heard on the
appeal.
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Clause 36: Sections 76.01 to 76.04 are new. Section
76 and the heading before it read as follows:
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Finality and Review of Orders and Findings |
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76. (1) Subject to subsection 61(3) and Part I.1 or II, an application
for judicial review of an order or finding of the Tribunal under this Act
may be made to the Federal Court of Appeal on any of the grounds set
out in subsection 18.1(4) of the Federal Court Act.
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(2) At any time after the making of an order or finding described in
any of sections 3 to 6, the Tribunal may, on its own initiative or at the
request of the Deputy Minister or any other person or of any
government, review the order or finding and, in the making of the
review, may re-hear any matter before deciding it.
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(2.1) Where the Tribunal receives notice of action taken pursuant to
paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or
finding of the Tribunal, other than an order or finding described in any
of sections 3 to 6, applies, the Tribunal may, on its own initiative or at
the request of the Deputy Minister or any other person or of any
government, review the order or finding and, in making such a review,
may rehear any matter before deciding it.
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(2.2) Where an order or finding of the Tribunal is referred back to the
Tribunal under subsection 77.015(3) or (4) or 77.019(5), or under
subsection 77.15(3) or (4) or 77.19(4), the Tribunal shall review the
order or finding and, in making such a review, may re-hear any matter
before deciding it.
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(3) The Tribunal shall not initiate any review pursuant to subsection
(2) or (2.1) at the request of any person or government unless the person
or government satisfies the Tribunal that a review is warranted.
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(3.1) Where the Tribunal decides not to initiate a review pursuant to
subsection (2) at the request of a person or government, the Tribunal
shall make an order to that effect and give reasons therefor, and the
Secretary shall forward a copy of the order and the reasons by registered
mail to that person or government and cause notice of the order to be
published in the Canada Gazette.
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(4) On completion of a review pursuant to subsection (2) of an order
or finding, the Tribunal shall make an order rescinding the order or
finding or continuing it with or without amendment, as the
circumstances require, and give reasons for the decision.
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(4.1) On completion of a review pursuant to subsection (2.1) or (2.2)
of an order or finding, the Tribunal shall confirm the order or finding or
rescind it and make such other order or finding with respect to the goods
to which the order or finding under review applies as the nature of the
matter may require, shall give reasons for the decision and, where it
makes another order or finding, shall declare to what goods, including,
where applicable, from what supplier and from what country of export,
the order or finding applies.
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(4.11) Where a review pursuant to subsection (2.1) involves goods
of
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and the Tribunal makes another order or finding pursuant to subsection
(4.1), the Tribunal shall make a separate order or finding under that
subsection with respect to the goods of each NAFTA country.
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(4.12) The operation of subsection (4.2) is suspended during the
period in which subsection (4.11) is in force.
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(4.2) Where a review pursuant to subsection (2.1) involves goods of
the United States as well as goods of other countries and the Tribunal
makes another order or finding pursuant to subsection (4.1), the
Tribunal shall make a separate order or finding under that subsection
with respect to the goods of the United States.
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(4.3) On completion of a review pursuant to subsection (2), (2.1) or
(2.2), the Secretary shall
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(5) Where the Tribunal has not initiated a review pursuant to
subsection (2) with respect to an order or finding before the expiration
of five years after,
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the order or finding shall be deemed to have been rescinded as of the
expiration of the five years.
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Clause 37: (1) The relevant portion of subsection
76.1(1) reads as follows:
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76.1 (1) Where at any time after the issuance, by the Dispute
Settlement Body established pursuant to Article 2 of Annex 2 to the
WTO Agreement, of a recommendation or ruling, the Minister of
Finance considers it necessary to do so, having regard to the
recommendation or ruling, the Minister of Finance may request that
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(2) and (3) Subsections 76.1(2) to (4) read as follows:
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(2) On completion of a review under subsection (1), the Deputy
Minister or the Tribunal, as the case may be, shall
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(3) Where a decision, determination, order or finding is continued
under paragraph (2)(a) or (b) or made under paragraph (2)(c), the
Deputy Minister or the Tribunal, as the case may be, shall give reasons
therefor and shall set out to what goods, including, where practicable,
the name of the supplier and the country of export, the decision,
determination, order or finding applies.
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(4) The Deputy Minister or the Tribunal, as the case may be, shall
notify the Minister of Finance of any decision, determination, order or
finding continued under paragraph (2)(a) or (b) or made under
paragraph (2)(c).
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(4) Subsection 76.1(5) reads as follows:
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(5) Any decision or determination continued by the Deputy Minister
under paragraph (2)(b) or made by the Deputy Minister under
paragraph (2)(c) is deemed to have been made under
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Clause 38: (1) The definition ``Minister'' in subsec
tion 77.01(1) reads as follows:
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``Minister'' means the Minister for International Trade;
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(2) Paragraph 77.01(1)(f.1) is new. The relevant
portion of the definition ``definitive decision'' in
subsection 77.01(1) reads as follows:
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``definitive decision'' means
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Clause 39: Subsection 77.012(1) reads as follows:
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77.012 (1) No person or government may apply under the Federal
Court Act or section 96.1 of this Act or appeal under section 61 of this
Act in respect of a definitive decision
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Clause 40: (1) The definition ``Minister'' in subsec
tion 77.1(1) reads as follows:
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``Minister'' means the Minister for International Trade;
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(2) Paragraph 77.1(1)(f.1) is new. The relevant portion
of the definition ``definitive decision'' in subsection
77.1(1) reads as follows:
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``definitive decision'' means
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Clause 41: Subsection 77.12(1) reads as follows:
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77.12 (1) No person or government may apply under section 18 or
28 of the Federal Court Act or section 96.1 of this Act or appeal under
section 61 of this Act in respect of a definitive decision
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Clause 42: (1) and (2) The relevant portion of
subsection 78(1) reads as follows:
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78. (1) Where,
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the Deputy Minister believes on reasonable grounds that any person in
Canada is able to provide evidence relevant to the investigation or to the
making, for the purpose of facilitating the administration or
enforcement of this Act, of an estimate of the duty that will or may be
payable on the goods when imported into Canada, the Deputy Minister
may, by notice in writing, require the person to provide the Deputy
Minister, under oath or otherwise, with the evidence referred to in the
notice.
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Clause 43: Subsection 81(1) reads as follows:
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81. (1) Notwithstanding anything in this Act, where any duty
payable under this Act in respect of goods has not been paid within
thirty days after a demand for payment of the duty has been made
pursuant to this Act, the Minister may, by notice in writing, require any
person in Canada to whom the goods are sold to pay a sum in respect
of the duty not exceeding the amount of the duty payable in respect of
the goods sold to that person, which sum is, after the notice has been
given, a debt due and payable to Her Majesty by that person and may
be recovered at any time by action in any court of competent
jurisdiction, together with costs of the action.
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Clause 44: Subsection 84(3.1) is new. Subsections
84(2) and (3) read as follows:
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(2) Subsection (1) does not apply in respect of any summary of
information or statement referred to in paragraph 85(1)(b) or any
summary referred to in subsection 79(2).
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(3) Notwithstanding subsection (1), information to which that
subsection applies that has been provided to the Deputy Minister in any
proceedings under this Act may be disclosed by the Deputy Minister to
counsel for any party to those proceedings or to other proceedings
under this Act arising out of those proceedings for use by that counsel
only in those proceedings or other proceedings, subject to such
conditions as the Deputy Minister considers are reasonably necessary
or desirable to ensure that the information will not, without the written
consent of the person who submitted it to the Deputy Minister, be
disclosed to any person by counsel in any manner that is calculated or
likely to make it available to
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Clause 45: New.
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Clause 46: The relevant portion of subsection 89(1)
reads as follows:
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89. (1) Where a question arises or is raised as to which of two or more
persons is, for the purposes of this Act, the importer in Canada of goods
imported or to be imported into Canada on which duty is payable or has
been paid or will be payable if the goods are imported, the Deputy
Minister may, and at the request of any person interested in the
importation of the goods shall, request the Tribunal for a ruling on that
question, unless, in the case only of goods that have been imported into
Canada,
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Clause 47: Paragraphs 96.1(1)(c.1) and (d.1) are new.
The relevant portion of subsection 96.1(1) reads as
follows:
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96.1 (1) Subject to section 77.012 or 77.12, an application may be
made to the Federal Court of Appeal to review and set aside
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Clause 48: Subsection 96.21(1) reads as follows:
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96.21 (1) The Minister for International Trade may, in the manner
provided for by the law of a NAFTA country giving effect to the North
American Free Trade Agreement, request that a final determination be
reviewed by a panel established under that law.
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Clause 49: Subsection 96.3(1) reads as follows:
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96.3 (1) The Minister for International Trade may, in the manner
provided for by the American law giving effect to the Free Trade
Agreement, request that a final determination be reviewed by a panel
established under that law.
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Clause 50: New.
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Clause 51: (1) to (5) Paragraphs 97(1)(k.3) to (k.6) are
new. The relevant portion of subsection 97(1) reads as
follows:
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97. (1) The Governor in Council may, on the recommendation of the
Minister of Finance, make regulations
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Canadian International Trade Tribunal Act |
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Clause 53: (1) The definition ``Chairman'' in subsec
tion 2(1) reads as follows:
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``Chairman'' means the Chairman of the Tribunal;
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(2) New.
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Clause 54: Subsection 3(1) reads as follows:
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3. (1) There is hereby established a tribunal, to be known as the
Canadian International Trade Tribunal, consisting, subject to
subsection (2), of a Chairman, two Vice-Chairmen and not more than
six other permanent members to be appointed by the Governor in
Council.
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Clause 55: Subsection 8(1) reads as follows:
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8. (1) In the event of the absence or incapacity of the Chairman or if
the office of Chairman is vacant, the Tribunal may authorize one of the
Vice-Chairmen to act as Chairman for the time being, and a
Vice-Chairman so authorized has and may exercise and perform all the
powers, duties and functions of the Chairman.
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Clause 56: Subsection 9(1) reads as follows:
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9. (1) Subject to subsection (2), a person who has ceased to be a
member may, with the authorization of the Chairman, take part in the
disposition of any matter in which that person became engaged while
holding office as a member, and a person so authorized shall, for that
purpose, be deemed to be a member of the Tribunal.
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Clause 57: (1) and (2) The relevant portion of
subsection 26(5) reads as follows:
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(5) The Tribunal may commence an inquiry under subsection (1)
into a complaint that pursuant to subsection (4) is referred to the Deputy
Minister of National Revenue for consideration under the Special
Import Measures Act only if
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Clause 58: (1) and (2) The relevant portion of
subsection 28(2) reads as follows:
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(2) Where, pursuant to subsection (1), the Tribunal adjourns an
inquiry into a complaint and refers the complaint to the Deputy Minister
of National Revenue for consideration under the Special Import
Measures Act, the Tribunal shall resume the inquiry only if
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Clause 59: (1) Subsections 45(3.1) and (3.2) are new.
Subsection 45(3) reads as follows:
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(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 for use by that counsel only in those
proceedings, subject to such conditions as the Tribunal considers are
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 to any person in
any manner that is calculated or likely to make it available to
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(2) New.
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Clause 60: Section 49 reads as follows:
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49. Where
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the information shall not knowingly 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 competitor or rival of any
person to whose business or affairs the information relates.
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