Customs Tariff (S.C. 1997, c. 36)

Act current to 2013-05-20 and last amended on 2013-04-01. Previous Versions

Marginal note: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.

  • 2002, c. 19, s. 7.
Marginal note: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.

  • 2002, c. 19, s. 7.
Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • 2002, c. 19, s. 7.