Special Import Measures Act

Marginal note:Commissioner may require evidence to be provided

• 78 (1) Where,

  • (a) in any proceeding undertaken by the Commissioner after notice has been given that the complaint is properly documented but before the initiation of an investigation or in any investigation under this Act respecting the dumping or subsidizing of goods, or

  • (b) in relation to the sale of

    • (i) any goods to an importer in Canada, or

    • (ii) any goods located or in the course of production out of Canada,

    that are of the same description as goods to which an order or finding of the Tribunal described in section 3, 5 or 6 applies and that will or may be imported into Canada,

  the Commissioner believes on reasonable grounds that any person in Canada is able to provide evidence relevant to any proceedings undertaken by the Commissioner before the initiation of an investigation, to the investigation or to the making, for the purpose of facilitating the administration or enforcement of this Act, of an estimate of the duty that will or may be payable on the goods when imported into Canada, the Commissioner may, by notice in writing, require the person to provide the Commissioner, under oath or otherwise, with the evidence referred to in the notice.

• Marginal note:Notice to provide evidence

  (2) Where, by notice given pursuant to subsection (1), the Commissioner requires any person to provide evidence, he shall

  • (a) include in the notice sufficient information for the person to identify the evidence;

  • (b) specify in the notice the time within which and the manner and form in which the evidence is to be provided; and

  • (c) include with the notice a copy or summary of this section and sections 82 to 85.

• Marginal note:Evidence or statement to be provided

  (3) Where a person is required by notice given pursuant to subsection (1) to provide the Commissioner with evidence, the person shall

  • (a) if it is reasonably practicable for the person to do so, provide the evidence in accordance with the notice;

  • (b) if it is reasonably practicable for the person to provide a part only of the evidence in accordance with the notice,

    • (i) so provide that part of the evidence, and

    • (ii) provide the Commissioner with a written statement under oath identifying the remainder of the evidence and specifying the reason why it is not reasonably practicable for the person to provide the remainder of the evidence in accordance with the notice; and

  • (c) if it is not reasonably practicable for the person to provide the evidence in accordance with the notice, provide the Commissioner with a statement under oath so stating and specifying the reason why it is not reasonably practicable to so provide the evidence.

• Marginal note:No oral evidence

  (4) Nothing in this section shall be construed as authorizing the Commissioner to require any person to provide evidence orally.

• Marginal note:Extension of time

  (5) Where, pursuant to paragraph (2)(b), the Commissioner specifies the time within which evidence is to be provided, the Commissioner may, either before or after the expiration of that time, extend the time within which the evidence is to be provided.