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Canada–Peru Free Trade Agreement Implementation Act (S.C. 2009, c. 16)

Assented to 2009-06-18

Marginal note:2001, c. 28, s. 21

19. Section 21.1 of the Act is replaced by the following:

Definition of “complaint”

21.1 In sections 23 to 30, “complaint” means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07), (1.08) or (1.09) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

20. Section 23 of the Act is amended by adding the following after subsection (1.08):

  • Marginal note:Filing of complaint — Peru Tariff

    (1.09) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Peru Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

21. Paragraph 26(1)(a) of the Act is amended by striking out “or” at the end of subparagraph (i.8) and by adding the following after that subparagraph:

  • (i.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

22. Subsection 27(1) of the Act is amended by striking out “or” at the end of paragraph (a.8) and by adding the following after that paragraph:

  • (a.9) in the case of a complaint filed under subsection 23(1.09), the goods that are entitled to the Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

Marginal note:R.S., c. 17 (2nd Supp.)

Commercial Arbitration Act

23. Subsection 5(4) of the Commercial Arbitration Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):