Canadian International Trade Tribunal Act — C-18.3 30.23
Filing of complaint — trade diversion 30.23 (1) Any domestic producer of goods that are like or directly competitive with goods that are subject to any action, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada. 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 an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods. 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), an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada. Other matters (7) The Tribunal shall, in an inquiry, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination. Report on inquiry (8) The Tribunal shall prepare a report on the inquiry not later than seventy days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry. Notice of report (9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette . Tabling of report in certain cases (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, t