Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
Full Document:
Assented to 2017-06-22
80 (1) The portion of subsection 41.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Action on final determination or decision referred back by Court
41.1 (1) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is set aside and the matter referred back to the President on an application under section 96.1, the President shall
(2) The portion of subsection 41.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Action on final determination or decision referred back by panel
(2) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is referred back to the President under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the President shall
81 (1) The portion of paragraph 42(1)(c) of the Act before subparagraph (i) is replaced by the following:
(c) in the case of any subsidized goods in respect of which a specification has been made under clause 41(1)(b)(ii)(C) and to which the preliminary determination applies as to whether
(2) Section 42 of the Act is amended by adding the following after subsection (3):
Marginal note:Application of paragraph (3)(a)
(3.1) For the purposes of paragraph (3)(a),
(a) the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2; and
(b) the amount of subsidy in relation to goods of a particular country is the weighted average of the amounts of subsidy determined in accordance with section 30.4.
(3) Section 42 of the Act is amended by adding the following after subsection (6):
Marginal note:Application
(7) For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant.
82 Paragraph 49(2)(b) of the Act is replaced by the following:
(b) unless the President has made a preliminary determination under subsection 38(1); or
83 Paragraph 52(1.1)(d) of the Act is replaced by the following:
(d) terminate the undertaking or undertakings in respect of those goods, and
84 The Act is amended by adding the following after section 55:
Marginal note:Determination of circumvention
55.1 (1) If the Tribunal has made an order described in subsection 3(1.2) with respect to the goods to which the determination of circumvention applies, the President shall cause a designated officer to determine, not later than six months after the date of the order,
(a) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order;
(b) the normal value and export price of or the amount of subsidy on the goods; and
(c) if section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.
Marginal note:Application
(2) Subsection (1) applies only in respect of goods released on or after the day on which an anti-circumvention investigation is initiated under subsection 72(1) and on or before the day on which the Tribunal makes an order under section 75.3 in respect of the goods.
Marginal note:Re-determination
(3) A determination made under subsection (1) is deemed to be a re-determination by a designated officer under paragraph 57(b).
85 The portion of subsection 56(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Determination final
56 (1) If, after the making of an order or finding of the Tribunal or an order of the Governor in Council imposing a countervailing duty under section 7, any goods are imported into Canada, a determination by a designated officer
86 Section 60.1 of the Act is renumbered as subsection 60.1(1) and is amended by adding the following:
Marginal note:Notice — section 59 re-determination
(2) The President shall publish a notice of any re-determination made under paragraph 59(1)(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner.
87 Subsections 61(2) and (3) of the Act are replaced by the following:
Marginal note:Appeal — scope ruling
(1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67(2) or, subject to section 77.012 or 77.12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made.
Marginal note:Publication of notice of appeal
(2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal.
Marginal note:Order or finding of the Tribunal
(3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62.
88 Paragraph 62(1)(c) of the Act is replaced by the following:
(c) any person who entered an appearance in accordance with subsection 61(2),
89 The Act is amended by adding the following after section 62:
Scope Ruling
Marginal note:Application
63 (1) Any interested person may submit an application to the President for a scope ruling with respect to any goods.
Marginal note:Application review period
(2) The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated.
Marginal note:Extension of review period
(3) The President may extend the period set out in subsection (2) to 45 days.
Marginal note:Prescribed criteria
(4) The President shall reject the application if any criteria prescribing the rejection of an application apply.
Marginal note:Prescribed circumstances
(5) The President may reject an application in the prescribed circumstances.
Marginal note:Notice
(6) The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection.
Marginal note:Incomplete application
(7) If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application.
Marginal note:Initiation of scope proceeding
(8) If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application.
Marginal note:President’s initiative
64 The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative.
Marginal note:Notice of scope proceeding
65 If a scope proceeding is initiated under subsection 63(8) or section 64, the President shall provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers.
Marginal note:Scope ruling
66 (1) Subject to subsections (2) and (3), on or before the one hundred twentieth day after the initiation of a scope proceeding under subsection 63(8) or section 64, the President shall make a scope ruling and provide reasons for it.
Marginal note:Extension
(2) The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days.
Marginal note:Termination
(3) At any time before the President makes a scope ruling under subsection (1), the President may cause the scope proceeding to be terminated in the prescribed circumstances.
Marginal note:Scope ruling — effective date
(4) A scope ruling made under subsection (1) takes effect on the day on which it is made, unless the President indicates otherwise, and it includes any terms and conditions that the President considers appropriate.
Marginal note:Notice
(5) The President shall give written notice to the government of the country of export and the applicant, if any, of:
Marginal note:Factors for ruling
(6) In making a scope ruling, the President shall take into account any prescribed factors and any other factor that the President considers relevant.
Marginal note:Ruling final
(7) A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as provided in subsection 61(1.1).
Marginal note:Review of ruling
67 (1) For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the scope ruling made under subsection 66(1) to which that Tribunal or Court decision relates.
Marginal note:Review — prescribed circumstances
(2) The President may review a scope ruling made under subsection 66(1) under prescribed circumstances.
Marginal note:Confirmation, amendment or revocation
(3) The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2).
Marginal note:Written notice
(4) The President shall give written notice to the government of the country of export, the applicant, if any, and interested persons of a review undertaken under subsection (1) or (2).
Marginal note:Application of scope ruling
68 A scope ruling applies to
(a) any determination or re-determination under sections 55, 56 and 57 and paragraphs 59(1)(a) and (e); and
(b) any decision relating to whether an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii) applies to goods.
Marginal note:Binding decision
69 Subject to the regulations, a scope ruling is binding with respect to any decision, determination or re-determination made by a designated officer or the President in respect of any goods to which that scope ruling applies that are released on or after its effective date.
Marginal note:Application — section 55
70 (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,
(a) the importer of the goods
(b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
Marginal note:Application — section 56
(2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,
(a) the importer of the goods
(b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
Marginal note:Application — section 57 or 59
(3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,
(a) the importer of the goods
(b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.
Marginal note:Scope ruling — designated officer
(4) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination.
Marginal note:Scope ruling — President
(5) A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be.
Marginal note:Requests under subsection (1) or (3)
(6) In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made.
Marginal note:Date of decision
(7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day.
Marginal note:Deemed decision — subsection (1), (3) or (5)
(8) A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1).
Marginal note:Deemed decision — subsection (2) or (4)
(9) A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57.
Anti-circumvention Investigations
Marginal note:Definition of circumvention
71 For the purposes of sections 72 to 75.6, circumvention means a situation in which all of the following exist:
(a) a change has occurred in the pattern of trade since the day on which an order imposing a countervailing duty was made under section 7 or an investigation was initiated under section 31, as the case may be;
(b) a prescribed activity is occurring and imports of the goods to which that prescribed activity applies are undermining the remedial effects of the order in council or the order or finding of the Tribunal; and
(c) the principal cause of the change in trade pattern is the imposition of anti-dumping or countervailing duties.
Marginal note:Initiation of investigation
72 (1) The President shall cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7, on the President’s own initiative or, if he or she receives a written complaint respecting the circumvention, within 45 days after the day on which that complaint is received, if he or she is of the opinion that there is evidence that circumvention is occurring.
Marginal note:Investigation — exporter or country
(2) An anti-circumvention investigation may be initiated in respect of an exporter or in respect of a country, as the circumstances require.
Marginal note:Complaint — required information
(3) A complaint made under subsection (1) shall contain the information supporting the allegations that is reasonably available to the complainant and any other prescribed information.
Marginal note:Notice of investigation
73 (1) If the President causes an anti-circumvention investigation to be initiated, he or she shall
(a) cause notice of the investigation to be
(i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and
(ii) published in the Canada Gazette; and
(b) publish the reasons for initiating the investigation in the prescribed manner.
Marginal note:President decides not to initiate investigation
(2) If, after receipt of a complaint referred to in subsection 72(1), the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall send a written notice of the decision and the reasons for it to the complainant.
Marginal note:Statement of essential facts
74 (1) Subject to subsection (2), the President shall publish, in the prescribed manner, a statement of essential facts in respect of an investigation initiated under subsection 72(1) that includes
Marginal note:Comments
(2) Before making a decision under subsection 75.1(1), the President shall allow interested parties sufficient time to provide written comments on the statement of essential facts.
Marginal note:Publication of statement
(3) The President shall give notice of the publication of the statement of essential facts to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any.
Marginal note:Termination
75 (1) Despite section 74, the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.
Marginal note:Factors
(2) In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66(6).
Marginal note:Notice of termination
(3) If an investigation is terminated under subsection (1), the President shall
(a) give notice of the termination to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any;
(b) publish notice of the termination in the Canada Gazette; and
(c) on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.
Marginal note:Scope ruling
(4) A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66(1).
Marginal note:Decision — circumvention
75.1 (1) Subject to subsection 75(1), within 180 days after initiating an investigation under subsection 72(1), the President shall make a decision and shall
(a) cause written notice of the decision to be
(i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and
(ii) published in the Canada Gazette;
(b) publish the reasons for the decision in the prescribed manner; and
(c) in the case of the President finding that there is circumvention, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.
Marginal note:Circumvention
(2) In making the decision under subsection (1), the President may only make a finding of circumvention if, on the available evidence, the President is satisfied that importation of some or all of the goods in question constitutes circumvention.
Marginal note:Details of decision
(3) A decision setting out a finding of circumvention must specify
Marginal note:Terms and conditions
(4) A decision setting out a finding of circumvention may include any terms and conditions that the President considers appropriate.
Marginal note:Extension of time period
75.2 (1) The President may, at any time before the publication of the statement of essential facts and before the expiry of the 180-day period set out in subsection 75.1(1), extend the period set out in that subsection to 240 days, in prescribed circumstances.
Marginal note:Notice of extension
(2) The President shall cause written notice of any extension to be
(a) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; and
(b) published in the Canada Gazette.
Marginal note:Tribunal
75.3 Without delay after a decision setting out a finding of circumvention is filed with the Tribunal under paragraph 75.1(1)(c), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.
Marginal note:Interim review
75.4 (1) The President may, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, conduct an interim review of
Marginal note:Included decisions
(2) For the purposes of subsection (1), a decision made under subsection 75.1(1) is deemed to include any decision relating to it that is made under subsection (6) or 75.6(5) prior to the initiation of a review under subsection (1).
Marginal note:Limitation
(3) The President shall not conduct an interim review at the request of any person or government or the Tribunal unless the person or government or the Tribunal satisfies the President that the review is warranted.
Marginal note:Decision if interim review not initiated
(4) If the President decides not to conduct an interim review at the request of a person or government, the President shall forward a copy of the decision and the reasons for it to that person or government.
Marginal note:Initiation of interim review
(5) If the President decides to conduct an interim review the President shall cause written notice of the decision to be
(a) given to the importer, the exporter, the government of the exporting country, the domestic producers, and the person or government requesting the review, if any; and
(b) published in the Canada Gazette.
Marginal note:Decision
(6) On completion of an interim review, the President shall make a decision rescinding the decision under review or confirming it, with or without amendment, as the circumstances require, and shall give reasons for making the decision.
Marginal note:Notice
(7) On completion of an interim review, the President shall
(a) cause written notice of the decision made under subsection (6) to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person or government requesting the review, if any;
(b) cause the notice to be published in the Canada Gazette;
(c) publish the reasons for that decision in the prescribed manner; and
(d) if the decision requires the amendment of an order or finding of the Tribunal, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.
Marginal note:Tribunal
(8) Without delay after a decision is filed with the Tribunal under paragraph (7)(d), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.
Marginal note:Review of decision
75.5 (1) For the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5) to which that Court decision relates.
Marginal note:Confirmation, amendment or revocation
(2) The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the confirmation, amendment or revocation is deemed, except for the purposes of section 96.1, to be a decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5), as the case may be.
Marginal note:Request for exemption
75.6 (1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President determine whether the goods from that exporter may be exempt from the extension of duties if the exporter
Marginal note:Form of request
(2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.
Marginal note:Review — circumvention
(3) If the President receives a request under subsection (1) and he or she is satisfied that a review is warranted, the President shall initiate a review, on an expedited basis, in order to determine whether goods from that exporter may be exempt from the extension of duties.
Marginal note:Notice
(4) If a review is initiated under subsection (3), the President shall provide written notice to the importer, the exporter, the government of the exporting country and the domestic producers.
Marginal note:Decision
(5) Upon completion of the review, the President shall make a determination that the goods from the exporter are
Marginal note:Notice
(6) Upon completion of the review, the President shall
Marginal note:Amendment — order or finding
(7) Without delay after receipt of a notice under paragraph (6)(b), the Tribunal shall make an order amending the order or finding that is affected by the review in order to give effect to the President’s determination.
Marginal note:Termination of investigation or review
75.7 (1) The President may terminate any investigation initiated under subsection 72(1) or any review initiated under subsection 75.4(1) or 75.6(3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review.
Marginal note:Notice of termination
(2) The President shall cause written notice of the termination of an investigation or review under subsection (1) to be
(a) given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and
(b) published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72(1) or a review initiated under subsection 75.4(1).
- Date modified: