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

Act current to 2024-10-30 and last amended on 2024-07-01. Previous Versions

RELATED PROVISIONS

  • — 1999, c. 12, s. 62

  • — 1999, c. 12, s. 63

    • Disposition of notified complaints

      • 63 (1) Subject to this section, if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Special Import Measures Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act, the old Canadian International Trade Tribunal Act and the old rules and regulations.

      • Proceedings re goods subject to order made after commencement day

        (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the Special Import Measures Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in relation to any of those goods other than the following shall be disposed of in accordance with the new Special Import Measures Act, the new Canadian International Trade Tribunal Act and the new rules and regulations:

        • (a) a judicial review or dispute settlement under Part I.1 or II of the Special Import Measures Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement;

        • (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day;

        • (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or

        • (d) a proceeding, process or action under section 45 of the Special Import Measures Act in relation to that order or finding.

      • Effect of order or finding

        (3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Special Import Measures Act, have the same force and effect as if it were made under that Act.

      • Review in accordance with old Acts, rules and regulations

        (4) If notice of a review under subsection 76(2) of the old Special Import Measures Act has been given by the Canadian International Trade Tribunal before the commencement day, the review shall be disposed of in accordance with that Act, the old Canadian International Trade Tribunal Act and the old rules and regulations.

      • Review in accordance with new Acts, rules and regulations

        (5) If notice of an interim review under section 76.01 of the new Special Import Measures Act, or an expiry review under section 76.03 of that Act, of an order or finding that was made before the commencement day and is in effect on that day has been given by the Canadian International Trade Tribunal on or after the commencement day, the review shall be disposed of in accordance with that Act, the new Canadian International Trade Tribunal Act and the new rules and regulations.

      • New Act does not justify review

        (6) For the purpose of subsection 76.01(3) of the new Special Import Measures Act, the Canadian International Trade Tribunal may not be satisfied that an interim review of an order or finding that was made before the commencement day is warranted by reason only of the coming into force of that Act, the new Canadian International Trade Tribunal Act or the new rules and regulations.

      • Determination of normal value, etc., when undertaking

        (7) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Special Import Measures Act.

      • Determination of normal value, etc.

        (8) A normal value, export price, amount of subsidy or margin of dumping determined in relation to goods under the old Special Import Measures Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Special Import Measures Act.

      • Re-determination of normal value, etc.

        (9) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (8) shall be made in accordance with the new Special Import Measures Act.

  • — 1999, c. 12, s. 64

  • — 1999, c. 17, s. 116

    • Application to goods from NAFTA country

      116 The Canadian International Trade Tribunal Act, as amended by sections 114 and 115, and the rules and regulations made under that Act, as interpreted under section 186 of this Act, apply to goods of a NAFTA country within the meaning assigned to that expression by subsection 2(1) of the Special Import Measures Act.

  • — 1999, c. 17, s. 186

    • References in documents and other provisions

      186 Any expression referring to the Deputy Minister of National Revenue or the Department of National Revenue in any document, any instrument made under an Act of Parliament, or any provision of an Act of Parliament not amended by this Act must, unless the context otherwise requires, be read as a reference to the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency, respectively.

  • — 2005, c. 38, s. 56

    • Application

      56 Subsections 2(1), 26(4) and (5) and 28(1) and (2) and paragraph 49(b) of the Canadian International Trade Tribunal Act, as amended by sections 54 and 55 of this Act, apply to goods of a NAFTA country, as defined in subsection 2(2) of that Act.

  • — 2014, c. 20, s. 457

    • Application

      457 Section 7, subsections 44.1(1) and 45(3.1) and (5) and paragraph 49(b) of the Act, as enacted or amended by sections 452 and 454 to 456, apply to goods of a NAFTA country as defined in subsection 2(2) of that Act.

  • — 2020, c. 1, s. 149

    • Definition of commencement day

      149 In sections 150 and 151, commencement day means the day fixed under subsection 213(1).

  • — 2020, c. 1, s. 150

    • Pending proceedings

      • 150 (1) Subject to subsection (2), proceedings that are pending under the Canadian International Trade Tribunal Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on that day.

      • Exception

        (2) Subsection (1) does not apply in respect of inquiries under section 19.01 or any of subparagraphs 26(1)(a)(i.1), (i.2) or (i.3) of that Act.

  • — 2020, c. 1, s. 151

    • New proceedings

      151 If proceedings under the Canadian International Trade Tribunal Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(2) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(2) of that Act as it reads on the commencement day.

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