Special Import Measures Act — S-15 2
try where (a) the producers in the market sell all or almost all of their production of like goods in the market; and (b) the demand in the market is not to any substantial degree supplied by producers of like goods located elsewhere in Canada. Producers related to exporters or importers (1.2) For the purposes of the definition domestic industry in subsection (1), a domestic producer is related to an exporter or an importer of dumped or subsidized goods where (a) the producer either directly or indirectly controls, or is controlled by, the exporter or importer, (b) the producer and the exporter or the importer, as the case may be, are directly or indirectly controlled by a third person, or (c) the producer and the exporter or the importer, as the case may be, directly or indirectly control a third person, and there are grounds to believe that the producer behaves differently towards the exporter or importer than does a non-related producer. Where there is deemed to be control (1.3) For the purposes of subsection (1.2), a person is deemed to control another person where the first person is legally or operationally in a position to exercise restraint or direction over the other person. When domestic support measure ceases to be a non-actionable subsidy (1.4) A domestic support measure referred to in paragraph (c) of the definition non-actionable subsidy in subsection (1) ceases to be a non-actionable subsidy on the day on which the implementation period in respect of the Agreement on Agriculture referred to in that paragraph, as defined in Article 1 of that Agreement for the purposes of Article 13 of that Agreement, expires. Threat of injury (1.5) For the purposes of this Act, the dumping or subsidizing of goods shall not be found to be threatening to cause injury or to cause a threat of injury unless the circumstances in which the dumping or subsidizing of goods would cause injury are clearly foreseen and imminent. Financial contribution (1.6) For the purposes of paragraph (a) of the definition subsidy in subsection (1), there is a financial contribution by a government of a country other than Canada where (a) practices of the government involve the direct transfer of funds or liabilities or the contingent transfer of funds or liabilities; (b) amounts that would otherwise be owing and due to the government are exempted or deducted or amounts that are owing and due to the government are forgiven or not collected; (c) the government provides goods or services, other than general governmental infrastructure, or purchases goods; or (d) the government permits or directs a non-governmental body to do any thing referred to in any of paragraphs (a) to (c) where the right or obligation to do the thing is normally vested in the government and the manner in which the non-governmental body does the thing does not differ in a meaningful way from the manner in which the government would do it. Definition of associated persons (2) For the purposes of this Act, the following persons are associated persons or persons associated with each other, namely, (a) persons related to each other; or (b) persons not related to each other, but not dealing with each other at arm’s length. Persons related to each other (3) For the purposes of subsection (2), persons are related to each other if (a) they are individuals connected by blood relationship, marriage, common-law partnership or adoption within the meaning of subsection 251(6) of the Income Tax Act ; (b) one is an officer or director of the other; (c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations; (d) they are partners; (e) one is the employer of the other; (f) they directly or indirectly control or are controlled by the same person; (g) one directly or indirectly controls or is controlled by the other; (h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock o