Bill C-50

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	(a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under section 21 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1);
R.S., c. E-19	EXPORT AND IMPORT PERMITS ACT
1994, c. 47, s. 102	*12. Subsection 4.2(2) of the Export and Import Permits Act* is replaced by the following:**
Application of definition in regulations	(2) Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining ``like or directly competitive goods'' apply for the purposes of sections 5 and 5.4.
	13. The Act is amended by adding the following after section 5.3:
Definitions	5.4 (1) The following definitions apply in this section.
``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.
Addition to Import Control List - market disruption	(2) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People's Republic of China are being imported or are likely to be imported into Canada 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, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption.
Addition to Import Control List - trade diversion	(3) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People's Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion.
Extension order	(4) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, 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 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.
Repeal or amendment of inclusion order	(5) If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (2), (3) or (4) should be repealed or amended, the Governor in Council may, on the recommendation of the Minister, by order, repeal or amend the order.
Addition to Import Control List	(6) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (2), that goods originating in the People's Republic of China are being imported or are likely to be imported into Canada at such prices, in such quantities or under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.
Addition to Import Control List	(7) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (3), that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People's Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information.
Addition to Import Control List	(8) If, for the purpose of facilitating the implementation of an order made under section 77.1, 77.3 or 77.6 of the Customs Tariff, the Governor in Council considers it necessary to control the importation of goods originating in the People's Republic of China or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose.
Goods deemed to be removed from List	(9) If goods are included on the Import Control List by order of the Governor in Council under subsection (8), the goods shall be deemed to be removed from that List on the earlier of
	(a) the day, if any, specified in that order, and
	(b) the day on which the order made under section 77.1, 77.3 or 77.6 of the Customs Tariff ceases to have effect or is repealed pursuant to section 77.2, 77.3 or 77.4 of that Act, as the case may be.
Expiry date	(10) Subsections (1) to (9) cease to have effect on December 11, 2013.
1997, c. 14, s. 75	14. Subsection 8(2) of the Act is replaced by the following:
Import permits	(2) Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose.
1997, c. 14, s. 78(1)	15. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:
Alteration of permits, etc.	(2) If a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8), and
1997, c. 14, s. 78(2)	(2) Paragraph 10(2)(c) of the Act is replaced by the following:
	(c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8),
R.S., c. S-15	SPECIAL IMPORT MEASURES ACT
1999, c. 12, s. 7, c. 17, par. 183(1)(u)	*16. The portion of subsection 20(1) of the Special Import Measures Act* before paragraph (c) is replaced by the following:**
Normal value where export monopoly	20. (1) Where goods sold to an importer in Canada are shipped directly to Canada
	(a) from a prescribed country where, in the opinion of the Commissioner, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or
	(b) from any other country where, in the opinion of the Commissioner,
	(i) the government of that country has a monopoly or substantial monopoly of its export trade, and
	(ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market,
	the normal value of the goods is
	TRANSITIONAL PROVISIONS
Definitions	17. The following definitions apply in this section and in section 18.
``commencem ent day'' « date de référence »	``commencement day'' means the day on which this section comes into force.
``new Act'' « nouvelle loi »	*``new Act'' means the Special Import Measures Act* as it read on the commencement day.**
``new regulations'' « nouveaux règlements »	``new regulations'' means the regulations made under the new Act.
``old Act'' « ancienne loi »	*``old Act'' means the Special Import Measures Act* as it read on the day before the commencement day.**
``old regulations'' « anciens règlements »	``old regulations'' means the regulations made under the old Act.
``order or finding'' « ordonnance ou conclusions »	*``order or finding'' has the same meaning as in subsection 2(1) of the Special Import Measures Act.*
Disposition of notified complaints	18. (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 Act, has been given under paragraph 32(1)(a) of the old Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with the old Act and the old regulations.
Proceedings re goods subject to order after commenceme nt date	(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 Act and the new regulations:
	(a) a judicial review in relation to that order or finding and any proceeding, process or action in relation to the judicial review;
	(b) a proceeding, process or action in relation to any of those goods that were released before the commencement day; or
	(c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Canadian International Trade Tribunal made the order or finding.
Effect of order or finding	(3) For greater certainty, any order or finding that is in effect on the commencement day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under the new Act.
Determina- tion of normal value, etc., where undertaking	(4) Any determination, on or after the commencement day, of a normal value 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 Act.
Determina- tion of normal value, etc.	(5) A normal value or margin of dumping determined in relation to goods under the old Act shall, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, be deemed to have been made under the new Act.
Re-determinat ion of normal value, etc.	(6) A re-determination of a normal value or margin of dumping referred to in subsection (5) shall be made in accordance with the new Act.
	COORDINATING AMENDMENTS
1997, c. 36	19. On the later of the coming into force of
	*(a) the definition ``customs duties'' in section 80 of the Customs Tariff, as enacted by section 8 of this Act, and*
	*(b) the definition ``customs duties'' in section 80 of the Customs Tariff, as enacted by section 41 of the Canada-Costa Rica Free Trade Agreement Implementation Act,*
	*the definition ``customs duties'' in section 80 of the Customs Tariff* is replaced by the following:**
``customs duties'' « droits de douane »	``customs duties'', other than for the purposes of sections 95 and 96, means customs duties imposed under Part 2, other than surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1.
Bill C-47	20. If Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001, has not received royal assent on the later of the coming into force of section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act and section 9 of this Act, then at that time subsection 94(1) of the Customs Tariff is replaced by the following:
Definition of ``customs duties''	94. (1) In sections 95 and 96, ``customs duties'' means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1.
Bill C-47	*21. (1) Subsections (2) to (4) apply if Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001* (the ``other Act''), receives royal assent.**
	(2) If, on the later of the coming into force of section 9 of this Act and section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act, section 351 of the other Act is not in force, then at that time
	*(a) subsection 94(1) of the Customs Tariff* is replaced by the following:**
Definition of ``customs duties''	94. (1) In sections 95 and 96, ``customs duties'' means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1.
	(b) subsection 411(2) of the other Act is repealed.
	(3) If, on the later of the coming into force of section 9 of this Act and section 351 of the other Act, section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act is not in force, then at that time
	*(a) subsection 94(1) of the Customs Tariff* is replaced by the following:**
Definition of ``customs duties''	94. (1) In sections 95 and 96, ``customs duties'' means customs duties imposed under Part 2, other than
	(a) additional customs duties levied under sections 21.1 to 21.3;
	(b) surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; or
	(c) temporary duties imposed under any of sections 69 to 76.
	(b) subsection 411(2) of the other Act is repealed.
	(4) On the latest of the coming into force of section 9 of this Act, section 351 of the other Act and section 42 of the Canada-Costa Rica Free Trade Agreement Implementation Act, subsection 94(1) of the Customs Tariff is replaced by the following:
Definition of ``customs duties''	94. (1) In sections 95 and 96, ``customs duties'' means customs duties imposed under Part 2, other than
	(a) additional customs duties levied under sections 21.1 to 21.3;
	(b) surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; or

Bill C-50

EXPORT AND IMPORT PERMITS ACT

SPECIAL IMPORT MEASURES ACT

TRANSITIONAL PROVISIONS

COORDINATING AMENDMENTS