Bill C-50

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	49-50-51 ELIZABETH II
	CHAPTER 19

	[Assented to 13th June, 2002]
	An Act to amend certain Acts as a result of the accession of the People's Republic of China to the Agreement Establishing the World Trade Organization
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. 47 (4th Supp.)	CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
	*1. Paragraph 26(1)(c) of the Canadian International Trade Tribunal Act* is replaced by the following:**
	(c) where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to 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.
	2. Subsection 29(4) of the French version of the Act is replaced by the following:
Publication d'avis	(4) Le Tribunal fait publier dans la Gazette du Canada un avis pour chaque rapport établi en application du paragraphe (1) et en avise les autres intéressés.
	3. Subsection 30(4) of the French version of the Act is replaced by the following:
Publication d'avis	(4) Le Tribunal fait publier dans la Gazette du Canada un avis de transmission pour chaque rapport visé au paragraphe (1) et en notifie les autres intéressés.
	4. The Act is amended by adding the following after section 30.19:
	SAFEGUARD MEASURES IN RESPECT OF CHINA
Definitions	30.2 The following definitions apply in this section and in sections 30.21 to 30.25.
``action'' « mesure »	``action'' means
	(a) any action, including a provisional action, taken
	(i) by the People's Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or
	(ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People's Republic of China; or
	(b) any combination of actions referred to in paragraph (a).
``market disruption'' « désorganisa tion du marché »	``market disruption'' means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry.
``significant cause'' « cause importante »	``significant cause'' means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat.
``WTO Member'' « membre de l'OMC »	``WTO Member'' means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994.
Inquiry into market disruption and trade diversion	30.21 (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to
	(a) the importation of goods originating in the People's Republic of China into Canada in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or
	(b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada
	that the Governor in Council refers to the Tribunal for inquiry.
Terms of reference	(2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.
Tabling of report	(3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted.
Notice of report	(4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette.
Filing of complaint - market disruption	30.22 (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People's Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.
Contents of complaint	(2) A complaint shall
	(a) state in reasonable detail the facts on which the allegations are based;
	(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;
	(c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);
	(d) be accompanied by any other information that may be required by the rules; and
	(e) make any other representations that the complainant deems relevant to the matter.
Commenceme nt of inquiry	(3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied
	(a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the goods originating in the People's Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods;
	(b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods; and
	(c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.
Notice of decision to commence inquiry	(4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately
	(a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;
	(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and
	(c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.
Notice of decision not to commence inquiry	(5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately
	(a) notify the complainant and each other interested party in writing of its decision, of the reasons for its 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 such information; and
	(b) cause a notice of its decision to be published in the Canada Gazette.
Determina- tion by Tribunal	(6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), the goods originating in the People's Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.
Other matters	(7) The Tribunal shall, in the inquiry into the complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.
Report on inquiry	(8) The Tribunal shall prepare a report on the inquiry not later than ninety days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.
Notice of report	(9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.
Tabling of report in certain cases	(10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.
Filing of complaint - trade diversion	30.23 (1) Any domestic producer of goods that are like or directly competitive with goods that are subject to any action, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.
Contents of complaint	(2) A complaint shall
	(a) state in reasonable detail the facts on which the allegations are based;
	(b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed;
	(c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);
	(d) be accompanied by any other information that may be required by the rules; and
	(e) make any other representations that the complainant deems relevant to the matter.
Commenceme nt of inquiry	(3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied
	(a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and
	(b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.
Notice of decision to commence inquiry	(4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately
	(a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence;
	(b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and
	(c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint.
Notice of decision not to commence inquiry	(5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately
	(a) notify the complainant and each other interested party in writing of its decision, of the reasons for its 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 such information; and
	(b) cause a notice of its decision to be published in the Canada Gazette.
Determina- tion by Tribunal	(6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.
Other matters	(7) The Tribunal shall, in an inquiry, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.
Report on inquiry	(8) The Tribunal shall prepare a report on the inquiry not later than seventy days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.
Notice of report	(9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.
Tabling of report in certain cases	(10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.
Further inquiry	30.24 (1) The Governor in Council may, at any time after the receipt of a report prepared by the Tribunal pursuant to subsection 30.22(8) or 30.23(8), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.
Terms of reference	(2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.
Copies of report	(3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 30.22(8) or 30.23(8), as the case may be.
Notice of report	(4) The Tribunal shall cause a notice of the submission of a report to the Governor in Council pursuant to subsection (1) to be given to each other interested party and to be published in the Canada Gazette.
Tabling of report	(5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.
Notice of expiring orders	30.25 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 77.1(2) or 77.3(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5.4(2) or (4) of the Export and Import Permits Act, but no notice shall be published if the order ceases to have effect or is repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs Tariff or is repealed under subsection 5.4(5) of the Export and Import Permits Act before the end of the effective period specified in that order.
Manner and contents of publication	(2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.
Filing of request relating to extension orders	(3) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection (1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 77.3(1) of the Customs Tariff or subsection 5.4(4) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.
Time limit for filing extension request	(4) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection (2).

Bill C-50

49-50-51 ELIZABETH II

CHAPTER 19

CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

SAFEGUARD MEASURES IN RESPECT OF CHINA