Bill C-35
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TRANSITIONAL PROVISIONS |
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| Definitions
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62. The definitions in this section apply in
this section and sections 63 and 64.
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| ``commence- ment day'' « date de référence »
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``commencement day'' means the day on
which this section comes into force.
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| ``new
Canadian
International
Trade
Tribunal Act'' « nouvelle Loi sur le Tribunal canadien du commerce extérieur »
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``new Canadian International Trade
Tribunal Act'' means the Canadian
International Trade Tribunal Act as it
read on the commencement day.
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| ``new rules
and
regulations'' « nouveaux textes d'applica- tion »
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``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.
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| ``new Special
Import
Measures
Act'' « nouvelle Loi sur les mesures spéciales d'importa- tion »
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``new Special Import Measures Act'' means
the Special Import Measures Act as it read
on the commencement day.
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| ``old
Canadian
International
Trade
Tribunal Act'' « ancienne Loi sur le Tribunal canadien du commerce extérieur »
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``old Canadian International Trade Tribunal
Act'' means the Canadian International
Trade Tribunal Act as it read on the day
before the commencement day.
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| ``old rules and
regulations'' « anciens textes d'applica- tion »
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``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.
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| ``old Special
Import
Measures
Act'' « ancienne Loi sur les mesures spéciales d'importa- tion »
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``old Special Import Measures Act'' means
the Special Import Measures Act as it read
on the day before the commencement
day.
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| ``order or
finding'' « ordonnance ou conclusions »
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``order or finding''
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| Disposition of
notified
complaints
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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.
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| Proceedings
re goods
subject to
order made
after
commence- ment day
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(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:
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| Effect of
order or
finding
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(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.
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| Review in
accordance
with old Acts,
rules and
regulations
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(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.
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| Review in
accordance
with new
Acts, rules
and
regulations
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(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.
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| New Act does
not justify
review
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(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.
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| Determi- nation of normal value, etc., when undertaking
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(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.
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| Determi- nation of normal value, etc.
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(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.
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| Re-deter- mination of normal value, etc.
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(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.
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| Application to
goods from a
NAFTA
country
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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.
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COMING INTO FORCE |
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| Coming into
force
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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.
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