An Act to amend certain Acts as a result of the accession of the People’s Republic of China to the Agreement Establishing the World Trade Organization (S.C. 2002, c. 19)
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Assented to 2002-06-13
Marginal note: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
Marginal note: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. 36CUSTOMS TARIFF
7. The Customs Tariff is amended by adding the following after section 77:
Safeguard Measures in Respect of China
Marginal note:Definitions
77.1 (1) The following definitions apply in this section and in sections 77.2 to 77.8.
“market disruption”
« désorganisation 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.
Marginal note: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.
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 market disruption to domestic producers of like or directly competitive goods.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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.
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.
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.
Marginal note: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.
Marginal note: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.
Marginal note:Expiry date
77.9 Sections 77.1 to 77.8 cease to have effect on December 11, 2013.
- Date modified: