Canadian International Trade Tribunal Act — C-18.3 30.22
Filing of complaint — market disruption 30.22 (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People’s Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods. Contents of complaint (2) A complaint shall (a) state in reasonable detail the facts on which the allegations are based; (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed; (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b); (d) be accompanied by any other information that may be required by the rules; and (e) make any other representations that the complainant deems relevant to the matter. Commencement of inquiry (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods; (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods; and (c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry. Notice of decision to commence inquiry (4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence; (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette ; and (c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint. Notice of decision not to commence inquiry (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its 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 such information; and (b) cause a notice of its decision to be published in the Canada Gazette . Determination by Tribunal (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic p