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

Marginal note:Referral to Federal Court of Appeal

• 77.031 (1) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under paragraph 77.028(1)(a) and

  • (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

  • (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

• Marginal note:Idem

  (2) Where the government of a CUSMA country suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.13 of that Agreement and

  • (a) where any panel review is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

  • (b) where any committee proceeding is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

• Marginal note:Idem

  (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.032.

Marginal note:Termination of suspension

77.032 The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

Marginal note:Resumption

77.033 All panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resume

• (a) where the operation of Article 10.12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or

• (b) where benefits are suspended under section 77.029.

Offence

Marginal note:Offence

• 77.034 (1) Every person commits an offence who contravenes or fails to comply with

  • (a) a disclosure undertaking under subsection 77.021(2);

  • (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged or prescribed information; or

  • (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars.

• Marginal note:Consent

  (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada.

Regulations

Marginal note:Regulations

77.035 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations

• (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;

• (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Majesty to perform duties or functions of the Minister under this Part;

• (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and

• (d) generally for carrying out the purposes and provisions of this Part.

Marginal note:Publication in Canada Gazette

77.036 The rules, the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

Application of Acts

Marginal note:Application

77.037 If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country:

• (a) a provision of an Act to amend this Act;

• (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or

• (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.

Marginal note:Suspension of Part II

77.038 The operation of Part II is suspended during the period in which this Part is in force.

PART IIDispute Settlement Respecting Goods of the United States

Interpretation

Marginal note:Definitions

• 77.1 (1) In this Part,

  American Secretary

  American Secretary means the secretary of the United States section of the Secretariat provided for by Article 1909 of the Free Trade Agreement; (secrétaire américain)

  appropriate authority

  appropriate authority, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; (autorité compétente)

  committee

  committee means an extraordinary challenge committee appointed pursuant to section 77.18; (comité)

  definitive decision

  definitive decision means

  • (a) a decision of the President under paragraph 41(1)(a),

  • (b) a final determination of the President under paragraph 41(1)(b),

  • (c) an order or finding of the Tribunal under subsection 43(1),

  • (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking,

  • (e) a re-determination of the President under subsection 59(1),

  • (f) a re-determination of the President under subsection 59(3),

  • (f.1) a re-determination of the President under subsection 59(1.1),

  • (g) an order of the Tribunal under subsection 76.01(4),

  • (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),

  • (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1),

  • (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or

  • (j) an order or finding of the Tribunal under subsection 91(3)

  that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; (décisions finales)

  Minister

  Minister means the Minister for International Trade; (ministre)

  panel

  panel means a panel appointed pursuant to section 77.13; (groupe spécial)

  rules

  rules means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the Free Trade Agreement; (règles)

  Secretariat

  Secretariat means the Canadian Secretariat established by section 77.23. (Secrétariat)

• Marginal note:Inconsistency

  (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency.

Request for Review

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.