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Special Import Measures Act

Version of section 76.02 from 2005-12-12 to 2014-10-31:


Marginal note:Review of orders by Tribunal on referral back and re-hearing

  •  (1) If the Tribunal receives notice of action taken under paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or finding of the Tribunal, other than an order or finding described in any of sections 3 to 6, applies, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

  • Marginal note:Limitation

    (2) The Tribunal shall not conduct a review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.

  • Marginal note:Review of orders by Tribunal on referral back and re-hearing

    (3) If an order or finding of the Tribunal is referred back to the Tribunal under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

  • Marginal note:Completion of review

    (4) On completion of a review, the Tribunal shall confirm the order or finding or rescind it and make any other order or finding with respect to the goods to which the order or finding under review applies as the nature of the matter may require, shall give reasons for the decision and, if it makes another order or finding, shall declare to what goods, including, if applicable, from what supplier and from what country of export, the order or finding applies.

  • Marginal note:Notice

    (5) On completion of a review, the Secretary shall

    • (a) forward to the President and the other persons and governments that are specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary,

      • (i) without delay after the review is completed, a copy of the order or finding made under subsection (4), and

      • (ii) not later than fifteen days after the completion of the review, a copy of the reasons for the decision; and

    • (b) cause notice of the order or finding to be published in the Canada Gazette.

  • 1999, c. 12, s. 36, c. 17, s. 184
  • 2005, c. 38, s. 134

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