GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 75
Termination 75 (1) Despite section 74 , the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72 (1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies. Factors (2) In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66 (6). Notice of termination (3) If an investigation is terminated under subsection (1), the President shall (a) give notice of the termination to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; (b) publish notice of the termination in the Canada Gazette ; and (c) on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies. Scope ruling (4) A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66 (1). R.S., 1985, c. S-15, s. 75; R.S., 1985, c. 47 (4th Supp.), s. 52; 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.1
Decision — circumvention 75.1 (1) Subject to subsection 75 (1), within 180 days after initiating an investigation under subsection 72 (1), the President shall make a decision and shall (a) cause written notice of the decision to be (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and (ii) published in the Canada Gazette ; (b) publish the reasons for the decision in the prescribed manner; and (c) in the case of the President finding that there is circumvention, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal. Circumvention (2) In making the decision under subsection (1), the President may only make a finding of circumvention if, on the available evidence, the President is satisfied that importation of some or all of the goods in question constitutes circumvention. Details of decision (3) A decision setting out a finding of circumvention must specify (a) the goods to which it applies; and (b) the exporters and the exporting countries to which it applies. Terms and conditions (4) A decision setting out a finding of circumvention may include any terms and conditions that the President considers appropriate. 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.2
Extension of time period 75.2 (1) The President may, at any time before the publication of the statement of essential facts and before the expiry of the 180-day period set out in subsection 75.1 (1), extend the period set out in that subsection to 240 days, in prescribed circumstances. Notice of extension (2) The President shall cause written notice of any extension to be (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; and (b) published in the Canada Gazette . 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.3
Tribunal 75.3 Without delay after a decision setting out a finding of circumvention is filed with the Tribunal under paragraph 75.1 (1)(c), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision. 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.4
Interim review 75.4 (1) The President may, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, conduct an interim review of (a) a decision made under subsection 75.1 (1) that sets out a finding of circumvention; or (b) any aspect of a decision referred to in paragraph (a). Included decisions (2) For the purposes of subsection (1), a decision made under subsection 75.1 (1) is deemed to include any decision relating to it that is made under subsection (6) or 75.6 (5) prior to the initiation of a review under subsection (1). Limitation (3) The President shall not conduct an interim review at the request of any person or government or the Tribunal unless the person or government or the Tribunal satisfies the President that the review is warranted. Decision if interim review not initiated (4) If the President decides not to conduct an interim review at the request of a person or government, the President shall forward a copy of the decision and the reasons for it to that person or government. Initiation of interim review (5) If the President decides to conduct an interim review the President shall cause written notice of the decision to be (a) given to the importer, the exporter, the government of the exporting country, the domestic producers, and the person or government requesting the review, if any; and (b) published in the Canada Gazette . Decision (6) On completion of an interim review, the President shall make a decision rescinding the decision under review or confirming it, with or without amendment, as the circumstances require, and shall give reasons for making the decision. Notice (7) On completion of an interim review, the President shall (a) cause written notice of the decision made under subsection (6) to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person or government requesting the review, if any; (b) cause the notice to be published in the Canada Gazette ; (c) publish the reasons for that decision in the prescribed manner; and (d) if the decision requires the amendment of an order or finding of the Tribunal, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal. Tribunal (8) Without delay after a decision is filed with the Tribunal under paragraph (7)(d), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision. 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.5
Review of decision 75.5 (1) For the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the decision or determination made under subsection 75.1 (1), 75.4 (6) or 75.6 (5) to which that Court decision relates. Confirmation, amendment or revocation (2) The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the confirmation, amendment or revocation is deemed, except for the purposes of section 96.1, to be a decision or determination made under subsection 75.1 (1), 75.4 (6) or 75.6 (5), as the case may be. 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.6
Request for exemption 75.6 (1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President determine whether the goods from that exporter may be exempt from the extension of duties if the exporter (a) establishes that they are not associated with any exporter who was given notice of the circumvention investigation; and (b) has not been (i) given notice of the initiation of that investigation, or (ii) requested to provide information during the course of that investigation. Form of request (2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information. Review — circumvention (3) If the President receives a request under subsection (1) and he or she is satisfied that a review is warranted, the President shall initiate a review, on an expedited basis, in order to determine whether goods from that exporter may be exempt from the extension of duties. Notice (4) If a review is initiated under subsection (3), the President shall provide written notice to the importer, the exporter, the government of the exporting country and the domestic producers. Decision (5) Upon completion of the review, the President shall make a determination that the goods from the exporter are (a) subject to the extension of duties if the President is satisfied that circumvention is occurring; or (b) exempt from the extension of duties if the President is satisfied that no circumvention is occurring. Notice (6) Upon completion of the review, the President shall (a) cause notice of the determination to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person requesting the review; and (b) if the President makes a determination under paragraph (5)(b), cause to be filed with the Tribunal: (i) written notice of the determination, stating the reasons for the determination, and (ii) any other material that may be required under the rules of the Tribunal. Amendment — order or finding (7) Without delay after receipt of a notice under paragraph (6)(b), the Tribunal shall make an order amending the order or finding that is affected by the review in order to give effect to the President’s determination. 2017, c. 20, s. 89
Special Import Measures Act — S-15 75.7
Termination of investigation or review 75.7 (1) The President may terminate any investigation initiated under subsection 72 (1) or any review initiated under subsection 75.4 (1) or 75.6 (3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review. Notice of termination (2) The President shall cause written notice of the termination of an investigation or review under subsection (1) to be (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and (b) published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72 (1) or a review initiated under subsection 75.4 (1). 2017, c. 20, s. 89
Special Import Measures Act — S-15 76
Application for judicial review 76 Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Courts Act . R.S., 1985, c. S-15, s. 76; R.S., 1985, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 41; 1993, c. 44, s. 217; 1999, c. 12, s. 36, c. 17, s. 183; 2002, c. 8, s. 182
Special Import Measures Act — S-15 76.01
Interim review of orders by Tribunal 76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding described in any of sections 3 to 6, 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, conduct an interim review of (a) the order or finding; or (b) any aspect of the order or finding. Exclusion (1.1) The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.1 (1) or 75.4 (6) to the President who shall make a decision relating to that portion of the request under section 75.4 . Tribunal may re-hear any matter (2) In conducting an interim review, the Tribunal may re-hear any matter before deciding it. Limitation (3) The Tribunal shall not conduct an interim review at the request of any person or government unless the person or government satisfies the Tribunal that the review is warranted. Order if interim review not initiated (4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette . Orders on completion of interim review (5) The Tribunal, on completion of an interim review (a) under paragraph (1)(a), shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and shall give reasons for making the order; and (b) under paragraph (1)(b), shall make any order in respect of the order or finding as the circumstances require, and shall give reasons for making the order. Completion of review (6) On completion of an interim review, the Tribunal shall (a) forward to the President and any other persons and governments that are specified by the rules of the Tribunal, (i) without delay after the review is completed, a copy of the order, and (ii) not later than fifteen days after the date of the order, a copy of the reasons for the order; and (b) cause notice of the order to be published in the Canada Gazette . Expiry of order (7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires on the day on which the Tribunal makes an order under subsection 76.03(12). 1999, c. 12, s. 36, c. 17, s. 184; 2005, c. 38, s. 134; 2014, c. 20, s. 437; 2017, c. 20, s. 90 2022, c. 10, s. 200
Special Import Measures Act — S-15 76.02
Review of orders by Tribunal on referral back and re-hearing 76.02 (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. 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. 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. 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. Notice (5) On completion of a review, the Tribunal 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; 2014, c. 20, s. 438
Special Import Measures Act — S-15 76.03
 order or finding in respect of goods (i) referred to in subsection (8), (ii) in respect of which it determines that the expiry of the order or finding is unlikely to result in injury or retardation, or (iii) in respect of which it terminated an expiry review under subsection (2); or (b) continuing the order or finding, with or without amendment, in respect of goods which it determines that the expiry of the order or finding is likely to result in injury or retardation. Review period (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered: (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which the review is initiated under subsection (1) but before the day on which the order of the Tribunal is made under subsection (12); and (b) a decision or determination made by the President under subsection 75.1 (1), 75.4 (6) or 75.6 (5) in respect of the order or finding under review. Expiry of anti-circumvention order (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires on the day on which the Tribunal makes an order under subsection (12). 1999, c. 12, s. 36, c. 17, s. 184; 2005, c. 38, s. 134; 2014, c. 20, ss. 439, 443; 2016, c. 7, s. 199; 2017, c. 20, s. 91 2022, c. 10, s. 201
Special Import Measures Act — S-15 76.04
Separate order or finding 76.04 (1) If a review under section 76.01, 76.02 or 76.03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country. Suspension of subsection (3) (2) The operation of subsection (3) is suspended during the period in which subsection (1) is in force. Separate order or finding (3) If a review under section 76.01, 76.02 or 76.03 involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of the United States. 1999, c. 12, s. 36 2020, c. 1, s. 80
Special Import Measures Act — S-15 77
Goods of Chile 77 If the Tribunal has made an order or finding resulting in the levying of anti-dumping duties in respect of goods of Chile that are subsequently exempted from the application of this Act by regulations made under section 14, the Tribunal shall rescind the order or finding to the extent that it relates to the dumping of those goods. R.S., 1985, c. S-15, s. 77; R.S., 1985, c. 47 (4th Supp.), s. 52; 1997, c. 14, s. 92
Special Import Measures Act — S-15 77.01
Definitions 77.01 (1) In this Part, appropriate authority , in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; ( autorité compétente ) committee means an extraordinary challenge committee appointed pursuant to section 77.018; ( comité ) CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; ( secrétaire national ) definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are 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: (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). ( décisions finales ) Minister means the Minister for International Trade; ( ministre ) NAFTA country Secretary [Repealed, 2020, c. 1, s. 82] panel means a panel appointed pursuant to section 77.013; ( groupe spécial ) rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; ( règles ) special committee means a special committee appointed pursuant to subsection 77.023(2). ( comité spécial ) 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. 1993, c. 44, s. 218; 1994, c. 47, s. 180; 1999, c. 12, s. 38, c. 17, ss. 183, 184; 2002, c. 8, ss. 172, 182; 2005, c. 38, s. 134; 2017, c. 20, s. 93 2020, c. 1, s. 82 2022, c. 10, s. 202
Special Import Measures Act — S-15
appropriate authority , in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; ( autorité compétente )
Special Import Measures Act — S-15
committee means an extraordinary challenge committee appointed pursuant to section 77.018; ( comité )
Special Import Measures Act — S-15
CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; ( secrétaire national )
Special Import Measures Act — S-15 (a)
definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are 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: (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). ( décisions finales )
Special Import Measures Act — S-15
Minister means the Minister for International Trade; ( ministre )
Special Import Measures Act — S-15
NAFTA country Secretary [Repealed, 2020, c. 1, s. 82]
Special Import Measures Act — S-15
panel means a panel appointed pursuant to section 77.013; ( groupe spécial )
Special Import Measures Act — S-15
rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; ( règles )
Special Import Measures Act — S-15
special committee means a special committee appointed pursuant to subsection 77.023(2). ( comité spécial )