Bill C-50

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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).
Receipt to be acknowledged	(5) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.
Contents of extension request	(6) An extension request 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 extension request 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 requester deems relevant to the matter.
Inquiries into extension requests	(7) On receipt of an extension request that meets the requirements of subsection (6), the Tribunal shall commence an inquiry into the request within thirty days after the request is filed if the Tribunal is satisfied
	(a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods; and
	(b) that the extension request 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.
Notice of decision to commence inquiry	(8) Where the Tribunal decides to commence an inquiry into the extension request, it shall immediately
	(a) notify the requester 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 extension request, and the information accompanying the extension request, and a copy of any other relevant information examined by the Tribunal in relation to the extension request.
Notice of decision not to commence inquiry	(9) Where the Tribunal decides not to commence an inquiry into the extension request, it shall immediately
	(a) notify the requester 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 requester, 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.
Continuing necessity of order	(10) The Tribunal shall, in the inquiry into the extension request, determine whether an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.
Other matters	(11) The Tribunal shall, in the inquiry into the extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.
Report on extension inquiry	(12) The Tribunal shall prepare a report on the inquiry not later than forty-five days before the expiry date of the order to which the inquiry under subsection (7) relates and shall submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.
Notice of report	(13) 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	(14) Where, pursuant to subsection (11), 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.
Expiry date	30.26 Sections 30.2 to 30.25 cease to have effect on December 11, 2013.
1997, c. 14, s. 31	5. Paragraph 39(1)(c) of the Act is replaced by the following:
	(c) specifying any additional information that must accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2), 30.011(1), 30.012(2), 30.11(1), 30.22(1) and 30.23(1) or an extension request filed under subsection 30.04(1) or 30.25(3); and
1994, c. 47, s. 42(1)	6. (1) Subparagraph 40(a.1)(ii) of the Act is replaced by the following:
	(ii) conducting inquiries and reporting on matters referred to the Tribunal pursuant to section 18, 19 or 30.21, or
	(2) Section 40 of the Act is amended by adding the following after paragraph (k):
	(k.1) providing, for the purposes of sections 30.2 to 30.25, factors for determining whether
	(i) goods originating in the People's Republic of China 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, or
	(ii) an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada;
1997, c. 36	CUSTOMS TARIFF
	*7. The Customs Tariff* is amended by adding the following after section 77:**
	Safeguard Measures in Respect of China
Definitions	77.1 (1) The following definitions apply in this section and in sections 77.2 to 77.8.
``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.
Surtax - market disruption	(2) Subject to section 77.2, if at any time it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister or of 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 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, the Governor in Council may, on the recommendation of the Minister, by order, make any such goods, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax
	(a) at a rate specified in the order; or
	(b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order.
Maximum rate	(3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods.
Minister's report	(4) A report of the Minister referred to in subsection (2) may be made only if there are, in the opinion of the Minister, critical circumstances.
Inquiry	(5) If an order is made under subsection (2) on the basis of a report of the Minister, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribunal for an inquiry under subsection 30.21(1) of the Canadian International Trade Tribunal Act.
Period and repeal	77.2 (1) An order made under subsection 77.1(2)
	(a) subject to section 77.3, has effect for a period specified in the order; and
	(b) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.
Cessation	(2) If an order is made under subsection 77.1(2) on the basis of a report of the Minister, the order ceases to have effect at the end 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, on the basis of an inquiry made under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister 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.
Extension order	77.3 (1) If, at any time before the expiry of an order with respect to any goods made under this subsection or subsection 77.1(2) or under subsection 5.4(2) or (4) 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 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, the Governor in Council may, on the recommendation of the Minister, make an extension order imposing a surtax on any goods specified in the previous order.
Scope and rate	(2) If an extension order is made under subsection (1),
	(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 must, subject to subsection (3),
	(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 those 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	(3) The rate specified in the extension order may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods.
Period and repeal of extension orders	(4) Every extension order made under subsection (1)
	(a) remains in effect, subject to this section, for the period that is specified in the order; and
	(b) may, notwithstanding any other provision of this section, be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.
Resolution of Parliament of cessation	77.4 Notwithstanding sections 77.1 to 77.3 and 77.5 to 77.8, if a resolution directing that an order made under subsection 77.1(2), 77.3(1) or 77.6(2) cease to have effect is adopted by both Houses of Parliament, the order ceases to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order ceases to have effect, on that specified day.
Notice in Canada Gazette	77.5 If an order made under
	(a) subsection 77.1(2) remains in effect by reason of subsection 77.2(2), or
	(b) subsection 77.1(2), 77.3(1) or 77.6(2) ceases to have effect by reason of a resolution of both Houses of Parliament,
	the Minister shall cause a notice to that effect to be published in the Canada Gazette.
Definitions	77.6 (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).
``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.
Surtax - trade diversion	(2) If at any time it appears to the satisfaction of the Governor in Council, on the basis of 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, the Governor in Council may, on the recommendation of the Minister, by order, make any goods originating in the People's Republic of China, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax
	(a) at a rate specified in the order; or
	(b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order.
Maximum rate	(3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy diversion of trade into the domestic market in Canada.
Amendment or repeal	(4) An order made under subsection (2) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.
Regulations	77.7 The Governor in Council may make regulations for carrying out the purposes of sections 77.1 to 77.6 and may, by order, suspend a surtax or rate in whole or in part from application to any goods or any class of goods.
Decision of Governor in Council final	77.8 The decision of the Governor in Council is final on any question that may arise regarding the application of the surtax or rate imposed under sections 77.1 to 77.6.
Expiry date	77.9 Sections 77.1 to 77.8 cease to have effect on December 11, 2013.
	8. The definition ``customs duties'' in section 80 of the Act 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.
	9. Subsection 94(1) of the Act 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.
	10. Subparagraph 99(a)(iii) of the Act is replaced by the following:
	(iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under section 21 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted,

Bill C-50

CUSTOMS TARIFF