Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Marginal note:Reference to President

• 28 (1) Where, at any time during an inquiry into a complaint, the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act, the Tribunal shall forthwith adjourn the inquiry, give notice thereof to the complainant and each other interested party and, by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act.

• Marginal note:Resumption of inquiry

  (2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a complaint and refers the complaint to the President for consideration under the Special Import Measures Act, the Tribunal shall resume the inquiry only if

  • (a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

  • (b) the complainant applies to the Tribunal to resume the inquiry

    • (i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or

    • (ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

• Marginal note:Termination of inquiry

  (3) Where the Tribunal decides not to resume an inquiry pursuant to subsection (2) by reason that the conditions referred to in that subsection have not been met, the Tribunal shall terminate the inquiry and cause written notice of such termination to be given forthwith to the complainant and each other interested party.

Marginal note:Report on inquiry

• 29 (1) The Tribunal shall prepare a report on each inquiry commenced by it under subsection 26(1) not later than one hundred and eighty days after the inquiry is commenced.

• Marginal note:Extension of time

  (2) Where, in the opinion of the Tribunal, the period referred to in subsection (1) should be extended for any reason including, without limiting the generality of the foregoing,

  • (a) the complexity or novelty of the issues presented by the inquiry,

  • (b) the variety of goods or number of persons involved in the inquiry,

  • (c) the difficulty of obtaining satisfactory evidence in the inquiry, or

  • (d) the reference, pursuant to subsection 27(3), of any other matter for examination in the inquiry,

  the Tribunal may extend that period by not more than ninety days and, where it does so extend the period, it shall so notify the complainant and each other interested party forthwith in writing.

• Marginal note:Copies of report

  (3) The Tribunal shall submit a copy of each report prepared by it pursuant to subsection (1) to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (4) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice thereof

  • (a) to be given to each other interested party; and

  • (b) to be published in the Canada Gazette.

• Marginal note:Tabling of report in certain cases

  (5) Where, pursuant to subsection 27(3), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into a complaint, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

Marginal note:Further inquiry

• 30 (1) The Governor in Council may, at any time after the receipt of a report on an inquiry into a complaint prepared by the Tribunal pursuant to subsection 29(1), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.

• Marginal note:Terms of reference

  (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council.

• Marginal note:Copies of report

  (3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 29(3).

• Marginal note:Notice of report

  (4) The Tribunal shall cause notice of the submission of a report to the Governor in Council pursuant to subsection (1)

  • (a) to be given to each other interested party; and

  • (b) to be published in the Canada Gazette.

• Marginal note:Tabling of report

  (5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Marginal note:Definition of surge

• 30.01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period.

• Marginal note:Filing of surge complaint

  (2) A written complaint may be filed with the Tribunal where

  • (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

  • (b) the surtax or inclusion does not apply to or include goods imported from a CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act.

• Marginal note:Allegations

  (2.1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

• Marginal note:Who must file complaint

  (2.2) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer.

• Marginal note:Contents of complaint

  (3) A complaint shall state in reasonable detail the facts on which the allegations are based and shall be accompanied by such information as is available to the complainant to prove those facts and such other information as may be required by the rules.

• Marginal note:Commencement of inquiry

  (4) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

• Marginal note:Notice of decision

  (5) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (4), it shall forthwith notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

• Marginal note:Surge of imports

  (6) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

• Marginal note:Report

  (7) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (8) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.

Marginal note:Filing of surge complaint — CIFTA

• 30.011 (1) A written complaint may be filed with the Tribunal where

  • (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

  • (b) the surtax or inclusion does not apply to or include goods imported from Israel or another CIFTA beneficiary on the basis of a determination made under subsection 20.02(1) or (3).

• Marginal note:Allegations

  (2) The complaint must allege that a surge of imports of goods imported from Israel or another CIFTA beneficiary undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

• Marginal note:Who must file complaint

  (3) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of such a domestic producer.

• Marginal note:Contents of complaint

  (4) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by such information as is available to the complainant to prove those facts and such other information as may be required by the rules.

• Marginal note:Commencement of inquiry

  (5) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods referred to in subsection (1) is undermining the effectiveness of the surtax or the inclusion referred to in that subsection.

• Marginal note:Notice of decision

  (6) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (5), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

• Marginal note:Surge of imports

  (7) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (1) is undermining the effectiveness of the surtax or the inclusion referred to in that subsection.

• Marginal note:Report

  (8) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (9) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.

Definition of surge

• 30.012 (1) In this section, surge has the meaning given that word by Article F-05 of the CCFTA.

• Marginal note:Filing of surge complaint

  (2) A written complaint may be filed with the Tribunal if

  • (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act; and

  • (b) the surtax or inclusion does not apply to or include goods imported from Chile on the basis of a determination made under subsection 20.03(2) or (4) of this Act.

• Marginal note:Allegations

  (3) The complaint must allege that a surge of imports of goods imported from Chile undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

• Marginal note:Who must file complaint

  (4) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer.

• Marginal note:Contents of complaint

  (5) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by the information that is available to the complainant to prove those facts and any other information that may be required by the rules.

• Marginal note:Commencement of inquiry

  (6) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

• Marginal note:Notice of decision

  (7) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (6), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, if the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

• Marginal note:Surge of imports

  (8) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

• Marginal note:Report

  (9) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (10) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.