Special Import Measures Act (R.S.C., 1985, c. S-15)

Marginal note:Request for review of definitive decision

• 77.11 (1) The Minister or the United States government may request, in accordance with paragraph 4 of Article 1904 of the Free Trade Agreement, that a definitive decision be reviewed by a panel.

• Marginal note:Idem

  (2) On a request made to the Canadian Secretary by any person who, but for section 77.12, would be entitled to apply under section 28 of the Federal Courts Act or section 96.1 of this Act or to appeal under section 61 of this Act in respect of a definitive decision, the Minister shall request, in accordance with paragraph 4 of Article 1904 of the Free Trade Agreement, that the definitive decision be reviewed by a panel.

• Marginal note:Limitation period

  (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), the day on which notice of the re-determination is received by the United States government.

• Marginal note:Grounds for request

  (4) A request by the Minister for the review of a definitive decision may be made only on a ground set forth in subsection 28(1) of the Federal Courts Act.

• Marginal note:Notification of request for review

  (5) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the American Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the United States government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.

• Marginal note:No application or appeal

  (6) Where a request is made by the Minister or the United States government for the review of a definitive decision by a panel, no person or government may apply under section 18 or 28 of the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision.

Marginal note:Applications and appeals

• 77.12 (1) No person or government may apply under section 18 or 28 of the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision

  • (a) before the expiry of the period of thirty days after

    • (i) the day on which the definitive decision is published in the Canada Gazette, or

    • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the United States; and

  • (b) unless the person or government has, within twenty days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the American Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

• Marginal note:Limitation period extended

  (2) For the purpose of permitting a government or person to apply under section 28 of the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 1904 of the Free Trade Agreement for requesting a review of the decision, the ten day limitation period referred to in subsection 28(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by thirty days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.