GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian International Trade Tribunal Regulations — 3
3 For the purposes of the Act, domestic production means the value or the volume of like or directly competitive goods produced in Canada; ( production nationale ) like or directly competitive goods means (a) goods that are identical in all respects to the goods that are the subject of a complaint, or (b) in the absence of any identical goods referred to in paragraph (a), goods the uses and other characteristics of which closely resemble those goods that are the subject of a complaint; ( marchandises similaires ou directement concurrentes ) other interested party , for the purposes of subsections 19.02(2), 25(2), 26(2), (3) and (4), 28(1) and (3), 29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) and (9), 30.012(7) and (10), 30.06(3), 30.07(2) and (3), 30.09(2), 30.3(2) and 30.31(4) and paragraph 30.32(a) of the Act, means (a) a domestic producer, (a.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods, or an association that includes such trade unions, (b) an exporter to Canada or importer into Canada of like or directly competitive goods, (c) an association of, or that includes, domestic producers, exporters or importers in Canada of like or directly competitive goods, (d) an association whose purpose includes to advocate for consumer interests in Canada, (e) the government of any country, mentioned in the report, complaint or extension request referred to in the relevant subsection, or in respect of which the inquiry referred to in the relevant subsection is held, as the case may be, and (f) any other person who, because that person’s rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal. ( autres intéressés ) SOR/93-600, s. 1; SOR/95-12, s. 1; SOR/97-66, s. 1; SOR/97-324, s. 1; SOR/2002-347, s. 1; SOR/2006-160, s. 1; SOR/2018-88, s. 15
Canadian International Trade Tribunal Regulations — Canadian International Trade Tribunal Regulations
domestic production means the value or the volume of like or directly competitive goods produced in Canada; ( production nationale )
Canadian International Trade Tribunal Regulations — (a)
like or directly competitive goods means (a) goods that are identical in all respects to the goods that are the subject of a complaint, or (b) in the absence of any identical goods referred to in paragraph (a), goods the uses and other characteristics of which closely resemble those goods that are the subject of a complaint; ( marchandises similaires ou directement concurrentes )
Canadian International Trade Tribunal Regulations — (a)
other interested party , for the purposes of subsections 19.02(2), 25(2), 26(2), (3) and (4), 28(1) and (3), 29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) and (9), 30.012(7) and (10), 30.06(3), 30.07(2) and (3), 30.09(2), 30.3(2) and 30.31(4) and paragraph 30.32(a) of the Act, means (a) a domestic producer, (a.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods, or an association that includes such trade unions, (b) an exporter to Canada or importer into Canada of like or directly competitive goods, (c) an association of, or that includes, domestic producers, exporters or importers in Canada of like or directly competitive goods, (d) an association whose purpose includes to advocate for consumer interests in Canada, (e) the government of any country, mentioned in the report, complaint or extension request referred to in the relevant subsection, or in respect of which the inquiry referred to in the relevant subsection is held, as the case may be, and (f) any other person who, because that person’s rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal. ( autres intéressés )
Canadian International Trade Tribunal Regulations — 3.1
3.1 For the purposes of reviewing and reporting on developments and providing advice pursuant to section 19.02 of the Act, the Chairman may determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions. SOR/95-27, s. 1
Canadian International Trade Tribunal Regulations — 3.2
3.2 In order to provide for the efficient management of the resources and caseload of the Tribunal, the Chairman may, taking into account the complexity and precedential nature of the matter at issue, determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions for the purposes of: (a) conducting inquiries and reporting on requests for textile tariff relief in respect of the Reference made by the Minister to the Tribunal on July 6, 1994 pursuant to section 19 of the Act; (b) hearing, determining, and dealing with any appeal made to the Tribunal pursuant to the Customs Act or the Special Import Measures Act ; (c) hearing, determining and dealing with any appeal made to the Tribunal pursuant to section 81.19 of the Excise Tax Act in respect of an application for a rebate under section 120 of that Act; or (d) making an order under any of section 75.3 and subsections 75.4(8) and 75.6(7) of the Special Import Measures Act . SOR/95-27, s. 1; SOR/96-229, s. 1; SOR/2018-88, s. 16
Canadian International Trade Tribunal Regulations — 4
4 (1) For the purposes of commencing an inquiry under subsection 26(1), 30.07(1), 30.22(3), 30.23(3) or 30.25(7) of the Act, the Tribunal shall, to determine whether paragraph 26(1)(b), 30.07(1)(b), 30.22(3)(b), 30.23(3)(b) or 30.25(7)(b) of the Act, as the case may be, has been satisfied, examine whether a domestic producer is (a) in reality, a domestic producer who produces in Canada like or directly competitive goods; (b) related to an exporter or importer of like or directly competitive goods; and (c) also an importer or exporter of like or directly competitive goods. (1.1) For the purposes of commencing an inquiry under subsection 30.01(4), 30.011(5) or 30.012(6) of the Act, the Tribunal shall take into account the factors referred to in paragraphs (1)(a) to (c). (2) For the purposes of paragraph (1)(b), an importer or exporter and a domestic producer are related to each other if (a) they are individuals connected by blood relationship, marriage 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 or shares of each such person; or (i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other. SOR/93-600, s. 2; SOR/95-12, s. 2; SOR/97-66, s. 2; SOR/97-324, s. 2; SOR/2002-347, s. 2; SOR/2006-160, s. 2
Canadian International Trade Tribunal Regulations — 5
5 (1) For the purposes of determining, during an inquiry into a matter referred to the Tribunal under paragraph 20(2)(a) of the Act or an inquiry into a complaint referred to in subsection 27(1) or 30.28(1) of the Act, whether the goods that are the subject of the reference or complaint are being imported as set out in that provision, the Tribunal shall examine, among other factors, (a) the actual volume of the goods imported into Canada; (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada. (2) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(a), whether there has been a significant increase in the importation into Canada of the goods and, where there has been, the rate and amount of such increase, either absolutely or relative to the production in Canada of like or directly competitive goods. (3) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(b), (a) whether the prices of the imported goods have significantly undercut the prices of like or directly competitive goods produced and sold in Canada; and (b) whether the effect of the importation into Canada of the goods has been (i) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or (ii) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada. (4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all relevant economic factors that have a bearing on domestic producers of like or directly competitive goods or on workers producing such goods, including the actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, the terms and conditions of employment, growth or ability to raise capital or investments. SOR/93-600, s. 3; SOR/95-12, s. 3; SOR/97-66, s. 3; SOR/97-324, s. 3; SOR/2010-24, s. 1; SOR/2011-134, s. 1; SOR/2012-182, s. 1; SOR/2013-53, s. 1; SOR/2014-222, s. 1; SOR/2014-302, s. 1; SOR/2017-143, s. 3 SOR/2020-67, s. 1 SOR/2022-160, s. 4
Canadian International Trade Tribunal Regulations — 5.1
5.1 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(a) of the Act or an inquiry into a complaint referred to in subsection 30.22(6) of the Act, whether the goods originating in the People’s Republic of China that are the subject of the reference or 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, the Tribunal shall examine, among other factors, (a) the actual volume of the goods originating in the People’s Republic of China that are imported into Canada; (b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and (c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada. SOR/2002-347, s. 3
Canadian International Trade Tribunal Regulations — 5.2
5.2 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(b) of the Act or an inquiry into a complaint referred to in subsection 30.23(6) of the Act, whether an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Tribunal shall examine, among other factors and to the extent that evidence is reasonably available to support such examination, (a) the actual or imminent increase in market share of goods originating in the People’s Republic of China in Canada; (b) the nature or extent of the action; (c) the actual or imminent increase in the importation of goods originating in the People’s Republic of China that is due to the action; (d) the conditions of supply and demand in the domestic market for the like or directly competitive goods; and (e) the volume of the goods originating in the People’s Republic of China that are imported into Canada and into any WTO Member taking an action. SOR/2002-347, s. 3
Canadian International Trade Tribunal Regulations — 6
6 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether an order continues to be necessary to prevent or remedy serious injury, the Tribunal shall review recent developments in the domestic and world markets relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5. SOR/95-12, s. 4
Canadian International Trade Tribunal Regulations — 6.1
6.1 For the purpose of determining, during an inquiry referred to in subsection 30.25(10) of the Act, whether the order referred to in subsection 30.25(1) of the Act continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Tribunal shall review recent developments in the domestic market and in the market of the People’s Republic of China relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.1. SOR/2002-347, s. 4
Canadian International Trade Tribunal Regulations — 7
7 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether there is evidence that domestic producers of like or directly competitive goods are adjusting, the Tribunal shall take into account evidence of measures undertaken or planned by domestic producers of like or directly competitive goods, such as measures to (a) increase productivity; (b) improve the product, its marketing or its servicing; or (c) rationalize production. SOR/95-12, s. 4
Lawrence Bay Airways Ltd. Exemption Order, 1989 — *
Whereas, pursuant to section 73 of the National Transportation Act, 1987 * , the Minister of Transport considers it necessary or advisable in the public interest that a domestic licence be issued to Lawrence Bay Airways Ltd. who, under subparagraph 72(2)(a)(i) of that Act, is not qualified to obtain the licence. * R.S., c. 28 (3rd Supp.)
Lawrence Bay Airways Ltd. Exemption Order, 1989 — **
Therefore, the Minister of Transport, pursuant to section 73 of the National Transportation Act, 1987 * , hereby revokes the Lawrence Bay Airways Ltd. Exemption Order, 1988 , made on December 31, 1988 ** , and makes the annexed Order respecting the exemption of Lawrence Bay Airways Ltd. from the application of subparagraph 72(2)(a)(i) of the National Transportation Act, 1987 , in substitution therefor. ** SOR/89-79, 1989 Canada Gazette Part II, p. 883
Lawrence Bay Airways Ltd. Exemption Order, 1989 — 1
1 This Order may be cited as the Lawrence Bay Airways Ltd. Exemption Order, 1989 .
Lawrence Bay Airways Ltd. Exemption Order, 1989 — 2
2 Lawrence Bay Airways Ltd. is hereby exempted from the application of subparagraph 72(2)(a)(i) of the National Transportation Act, 1987 .
Procurement Review Board Regulations — *
Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to sections 15 to 18 and 21 of the Canada — United States Free Trade Agreement Implementation Act * , is pleased hereby to make the annexed Regulations respecting the review by the Procurement Review Board of complaints relating to the procurement process of the Government of Canada , effective January 1, 1989. * S.C. 1988, c. 65
Procurement Review Board Regulations — 1
1 These Regulations may be cited as the Procurement Review Board Regulations .
Procurement Review Board Regulations — 2
2 (1) In these Regulations, Act means Part II of the Canada-United States Free Trade Agreement Implementation Act ; ( Loi ) intervenor means a person who is granted leave to intervene in any proceedings before the Board under section 29. ( intervenant ) send , in respect of any document or information, means to transmit by hand or registered mail or by facsimile or other electronic means capable of producing for the recipient, at the destination, a printed copy of the document or information. ( envoyer ) (2) For the purposes of the Act, Chairman means the Chairman of the Board; ( président ) member means a member of the Board; ( commissaire ) potential supplier means an actual or prospective bidder whose direct economic interest has been or would be affected by the award of a contract or the failure to award a contract; ( fournisseur potentiel ) send [Repealed, SOR/90-206, s. 1(E)] SOR/90-206, s. 1(E)
Procurement Review Board Regulations — Procurement Review Board Regulations
Act means Part II of the Canada-United States Free Trade Agreement Implementation Act ; ( Loi )
Procurement Review Board Regulations — Procurement Review Board Regulations
intervenor means a person who is granted leave to intervene in any proceedings before the Board under section 29. ( intervenant )
Procurement Review Board Regulations — Procurement Review Board Regulations
send , in respect of any document or information, means to transmit by hand or registered mail or by facsimile or other electronic means capable of producing for the recipient, at the destination, a printed copy of the document or information. ( envoyer )
Procurement Review Board Regulations — Procurement Review Board Regulations
Chairman means the Chairman of the Board; ( président )
Procurement Review Board Regulations — Procurement Review Board Regulations
member means a member of the Board; ( commissaire )
Procurement Review Board Regulations — Procurement Review Board Regulations
potential supplier means an actual or prospective bidder whose direct economic interest has been or would be affected by the award of a contract or the failure to award a contract; ( fournisseur potentiel )
Procurement Review Board Regulations — 3
3 These Regulations apply in respect of the procurement relating to a contract referred to in section 15 of the Act.
Procurement Review Board Regulations — 4
4 Subject to section 5, for the purposes of section 15 of the Act, the prescribed class of contracts is the class of contracts for eligible goods as defined by Article 1309 of the Agreement.
Procurement Review Board Regulations — 5
5 (1) Defence contracts and security-related contracts, other than the contracts for products included for Canada in the coverage of the Agreement by virtue of Annex 1304.3 thereof, are exempt from the operation of the Act and these Regulations. (2) In this section, defence contracts and security-related contracts mean contracts relating to or for the procurement of arms, ammunition or war materials or any other thing indispensable to national security or national defence.
Procurement Review Board Regulations — 6
6 In computing a period of time prescribed by these Regulations, (a) the day on which the designated period of time begins shall not be counted, but the last day of the period shall be counted unless that day is a Saturday or a Sunday or other holiday observed in the province in which a response or filing of documents is prescribed to be made, in which case the period shall include the next business day; (b) where the period of time prescribed or allowed is less than eight days, any intervening Saturday and any intervening Sunday or other holiday shall not be counted; and (c) where the period of time prescribed or allowed is eight days or more, any intervening Saturday and any intervening Sunday or other holiday shall be counted unless the last day of the period is a Saturday or a Sunday or other holiday, in which case the last day shall be considered to be the next business day.
Procurement Review Board Regulations — 7
7 (1) The Chairman shall be appointed as a full-time member and other members may be appointed as full-time or part-time members. (2) A member shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed at any time for cause. (3) A member is eligible to be reappointed as a member in the same or another capacity on the expiration of a first or subsequent term of office. (4) A member shall have knowledge and experience related to public sector procurement. (5) A member shall be paid such remuneration for the member’s services as may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living allowances while absent from the member’s ordinary place of residence in the course of carrying out the member’s duties under the Act and these Regulations. (6) Subject to subsection (7), a person who has ceased to be a member may, with the authorization of the Chairman, and where the person was the Chairman and the sole member, with the authorization of the Minister, take part in the disposition of any complaint in which that person became engaged while the person was a member, and a person so authorized shall, for that purpose, be considered to be a member. (7) No person who has ceased to be a member shall, after the expiration of 120 days after the person ceased to be a member, take part in the disposition of any complaint pursuant to the authorization of the Chairman or the Minister referred to in subsection (6). (8) Where a member or former member who has taken part in the disposition of a complaint is unable to continue to do so by virtue of subsection (7) or is unable or unwilling to do so for any other reason, the remaining members who took part in the disposition of that complaint may, with the authorization of the Chairman, make a determination on the complaint.
Procurement Review Board Regulations — 8
8 (1) In the event of the absence or incapacity of a member, other than the Chairman, the Governor in Council may appoint a person to act as a substitute member for such period of time and on such other terms and conditions as the Governor in Council may provide. (2) The Minister shall designate another member to act as Chairman during the absence or incapacity of the Chairman or during the vacancy of the Chairman’s position, and that member, while acting as Chairman, shall have all the powers and perform all the duties and functions of the Chairman. SOR/93-364, s. 2
Procurement Review Board Regulations — 9
9 The Chairman is the chief executive officer of the Board and has supervision over and direction of the work of the Board, including (a) the allocation of work among the members; (b) the assignment of members to sit at meetings of the Board and to preside thereat; (c) the fixing of a quorum for a meeting of the Board; and (d) the management of the internal affairs and the staff of the Board.
Procurement Review Board Regulations — 10
10 (1) A member shall be considered to have a conflict of interest where the member is not in compliance with the Conflict of Interest and Post-Employment Code for the Public Service (Treasury Board, October 1985). (2) No member who has a conflict of interest shall participate in any work of the Board until the conflict of interest is resolved.
Procurement Review Board Regulations — 11
11 No member shall use membership on the Board to influence or seek to influence the decision of another person in order to further the private interests of that member.
Procurement Review Board Regulations — 12
12 The Minister may issue guidelines to members concerning the nature of the interests that are inconsistent with the proper performance of their duties and functions in relation to matters before the Board.
Procurement Review Board Regulations — 13
13 (1) The head office of the Board shall be located in the National Capital Region as described in the schedule to the National Capital Act . (2) The Board may sit at such times and at such places in Canada as the Chairman considers necessary for the proper performance of its duties and functions.
Procurement Review Board Regulations — 14
14 The Board may, with the approval of the Governor in Council, make rules not inconsistent with the Act, these Regulations or the Agreement governing the conduct of the work of the Board and the management of its internal affairs.