GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Regulations — 27
27 Where the subsidy in relation to any subsidized goods is in the form of a grant, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, the amount of the grant over (a) where the grant was, or is, to be used for operating expenses in the production, purchase, distribution, transportation, sale, export or import of subsidized goods, the estimated total quantity of subsidized goods to which the grant is attributable; (b) where the grant was, or is, to be used for the purchase or construction of a fixed asset, the estimated total quantity of subsidized goods for the production, purchase, distribution, transportation, sale, export or import of which the fixed asset was, or will be, used for the anticipated useful life of the fixed asset; (c) where the use of the grant was, or is, not for the purposes described in paragraph (a) or (b) or is unknown, the estimated total quantity of subsidized goods the production, purchase, distribution, transportation, sale, export or import of which was, or will be, carried out by the person who received the grant during the weighted average useful life, not exceeding 10 years, of fixed assets used by the industry of that person. SOR/92-236, s. 2(E); SOR/95-26, s. 17
Special Import Measures Regulations — 27.1
27.1 (1) Any amount that relates to the direct transfer of funds or liabilities by the practices of a government shall be treated as a grant under section 27. (2) Any amount otherwise owing and due to a government that is exempted or deducted and any amount owing and due to a government that is forgiven or not collected by the government shall be treated as a grant under section 27. SOR/95-26, s. 6
Special Import Measures Regulations — 28
28 Where the subsidy in relation to any subsidized goods is in the form of a preferential loan, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the quantity of goods determined in accordance with section 31, the present value of the sum of (a) the amount determined in accordance with section 29, and (b) any costs, other than interest, that would have been incurred by the recipient of the preferential loan with respect to a non-guaranteed commercial loan that the recipient could have obtained, such present value being determined as of the date the loan funds were advanced and by reference to the discount rate referred to in section 30. SOR/95-26, s. 7; SOR/96-255, ss. 12, 25
Special Import Measures Regulations — 29
29 (1) The amount referred to in paragraph 28(a) is the difference between (a) the amount of interest that would be payable, by the recipient of the preferential loan, on a non-guaranteed commercial loan in the same currency in which the payments for the preferential loan are expressed and on the same credit terms, other than the interest rate, as are applicable to the preferential loan, and (b) the amount of interest payable on the preferential loan. (2) For the purposes of paragraph (1)(a), the interest rate is (a) the prevailing interest rate in the territory of the government that made the preferential loan, at the date the preferential loan was made, in respect of non-guaranteed commercial loans that the recipient of the preferential loan could have obtained, in the same currency in which the payments for the preferential loan are expressed and on credit terms, other than the interest rate, that are the same or substantially the same as the credit terms of the preferential loan; (b) where the interest rate described in paragraph (a) cannot be ascertained or where there is no such interest rate, the prevailing interest rate in the territory of the government that provided the preferential loan, at the date the preferential loan was provided, in respect of non-guaranteed commercial loans that the recipient of the preferential loan could have obtained, in the same currency in which the payments for the preferential loan are expressed and on credit terms, other than the interest rate, that most closely approximate the credit terms of the preferential loan; or (c) where the interest rates described in paragraphs (a) and (b) cannot be ascertained or where there are no such interest rates, the prevailing interest rate in the territory of the government that provided the preferential loan, at the date the preferential loan was made, in respect of non-guaranteed commercial loans that (i) producers of like goods, whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates that of the recipient of the preferential loan, could have obtained, (ii) where subparagraph (i) is not applicable, producers of goods of the same general category, whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates that of the recipient of the preferential loan, could have obtained, or (iii) where subparagraphs (i) and (ii) are not applicable, producers of goods of the group or range of goods that is next largest to the category referred to in subparagraph (ii), whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates that of the recipient of the preferential loan, could have obtained, in the same currency in which the payments for the preferential loan are expressed and on credit terms, other than the interest rate, that most closely approximate the credit terms of the preferential loan. SOR/95-26, s. 7; SOR/96-255, ss. 13, 25
Special Import Measures Regulations — 30
30 The discount rate for the purposes of section 28 is the same as the interest rate determined in accordance with subsection 29(2). SOR/95-26, s. 7
Special Import Measures Regulations — 31
31 The quantity of goods, for the purpose of section 28, is (a) where the preferential loan was, or is, to be used for operating expenses in the production, purchase, distribution, transportation, sale, export or import of subsidized goods, the estimated total quantity of subsidized goods to which the preferential loan is attributable; (b) where the preferential loan was, or is, to be used for the purchase or construction of a fixed asset, the estimated total quantity of subsidized goods for the production, purchase, distribution, transportation, sale, export or import of which the fixed asset was, or will be, used for the anticipated useful life of the fixed asset; (c) where the use of the preferential loan was not or is not for the purposes described in paragraph (a) or (b) or is unknown, the estimated total quantity of subsidized goods the production, purchase, distribution, transportation, sale, export or import of which was or will be carried out by the person who received the preferential loan during the weighted average useful life of fixed assets, not exceeding 10 years, used by the industry in which that person is engaged. SOR/92-236, s. 3(E); SOR/96-255, ss. 14, 25
Special Import Measures Regulations — 31.1
) where subparagraphs (i) and (ii) are not applicable, producers of goods of the group or range of goods that is next largest to the category referred to in subparagraph (ii), whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates that of the recipient of the loan, could have obtained, in the same currency in which the payments for the loan are expressed and on credit terms, other than the interest rate, that most closely approximate the credit terms of the loan. SOR/95-26, s. 8; SOR/96-255, ss. 15, 25; SOR/2002-67, s. 1(F)
Special Import Measures Regulations — 32
32 Where the subsidy in relation to any subsidized goods is contingent on the export of those goods and in the form of a credit against, a refund of or an exemption from income taxes levied during any period, the amount of subsidy shall be determined by dividing (a) the amount of the credit, refund or tax not paid by reason of the exemption, as the case may be, by (b) the quantity of goods exported during the period. SOR/95-26, s. 17
Special Import Measures Regulations — 33
33 Where the subsidy in relation to any subsidized goods is contingent on the export of those goods and in the form of a deferral of income taxes, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, the amount determined in accordance with section 34 over the quantity of goods exported during the period for which taxes would have been paid had the taxes not been deferred. SOR/95-26, s. 17
Special Import Measures Regulations — 35
35 Where the subsidy in relation to any subsidized goods is contingent on the export of the goods and is in the form of an exemption from or remission, refund or drawback equal to an amount greater than the duties or taxes levied on the production, purchase, distribution, transportation, sale, export or import of the goods, the amount of subsidy shall be determined by deducting the amount of duties or taxes levied on or in respect of the exported goods, or the amount of duties or taxes that would have been levied on or in respect of the goods if they had not been exported, from the amount of the exemption, remission, refund or drawback that was granted in connection with the goods, and dividing the result by the quantity of goods, in relation to which the exemption, remission, refund or drawback was granted, that were exported during the period for which the duties or taxes were exempted, remitted, refunded or drawn back. SOR/95-26, s. 17; SOR/96-255, ss. 17, 25; SOR/2000-138, s. 4
Special Import Measures Regulations — 35.01
35.01 (1) Where the subsidy in relation to any subsidized goods is contingent on the export of the goods and is in the form of an exemption from or remission, refund or drawback equal to an amount greater than the duties or taxes levied on goods consumed in the production of the exported goods, the amount of subsidy shall be determined by deducting the amount of duties or taxes levied on or in respect of the consumed goods from the amount of the exemption, remission, refund or drawback that was granted in connection with the consumed goods, and dividing the result by the quantity of goods, in relation to which the exemption, remission, refund or drawback was granted, that were exported during the period for which the duties or taxes were exempted, remitted, refunded or drawn back. (2) For the purpose of subsection (1), the only goods considered to be consumed in the production of the exported goods are (a) energy, fuel, oil and catalysts that are used or consumed in the production of the exported goods; and (b) goods incorporated into the exported goods. SOR/96-255, ss. 17, 25; SOR/2000-138, s. 4
Special Import Measures Regulations — 35.1
35.1 Where the subsidy in relation to any subsidized goods is in the form of the acquisition of shares, by a government, in a corporate enterprise, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the estimated total quantity of subsidized goods to which the subsidy is attributable, the difference between (a) the amount the government paid or agreed to pay for the shares, and (b) the fair market value of those shares immediately before the government’s decision to acquire the shares became public. SOR/95-26, s. 10
Special Import Measures Regulations — 35.2
35.2 Where the subsidy in relation to any subsidized goods is in the form of the purchase, by a government, of goods, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the estimated total quantity of subsidized goods to which the subsidy is attributable, the difference between (a) the amount the government paid or agreed to pay for the goods, and (b) the fair market value of the goods in the territory of that government. SOR/95-26, s. 10
Special Import Measures Regulations — 36
36 Where the subsidy in relation to any subsidized goods is in the form of the provision, by a government, of goods or services, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the estimated total quantity of subsidized goods to which the subsidy is attributable, the difference between (a) the fair market value of the goods or services in the territory of the government providing the subsidy, and (b) the price at which the goods or services were provided by that government. SOR/95-26, s. 11
Special Import Measures Regulations — 36.001
36.001 Where there is a significant difference between the amount of subsidy in relation to goods as otherwise determined under this Part and the future value, on the date of sale of the goods, of the amount of subsidy so determined, the amount of subsidy shall be the future value, on the date of sale, of the amount of subsidy as otherwise determined under this Part. SOR/96-255, ss. 18, 25
Special Import Measures Regulations — 36.01
36.01 In this Part, American Secretary means the person designated to serve as Secretary to the American Section of the Secretariat; ( secrétaire américain ) Mexican Secretary means the person designated to serve as Secretary to the Mexican Section of the Secretariat; ( secrétaire mexicain ) Secretariat means the Secretariat established pursuant to paragraph 1 of Article 30.6 of the Canada–United States–Mexico Agreement. ( Secrétariat ) SOR/94-20, s. 2 SOR/2020-65, s. 2
Special Import Measures Regulations — Special Import Measures Regulations
American Secretary means the person designated to serve as Secretary to the American Section of the Secretariat; ( secrétaire américain )
Special Import Measures Regulations — Special Import Measures Regulations
Mexican Secretary means the person designated to serve as Secretary to the Mexican Section of the Secretariat; ( secrétaire mexicain )
Special Import Measures Regulations — Special Import Measures Regulations
Secretariat means the Secretariat established pursuant to paragraph 1 of Article 30.6 of the Canada–United States–Mexico Agreement. ( Secrétariat )
Special Import Measures Regulations — 36.02
36.02 For the purposes of the definition government of a CUSMA country in subsection 2(1) of the Act, the following are prescribed departments, agencies or other bodies: (a) for the purposes of subsection 77.011(1), subsection 77.011(6) of the English version, subsections 77.015(5), 77.017(1) and (3) and 77.019(6) of the Act, (i) in respect of Mexico, the office of the Mexican Secretary, and (ii) in respect of the United States, the office of the American Secretary; (b) for the purposes of subsections 77.011(4) and 77.013(3) of the Act, (i) in respect of Mexico, the Secretaría de Economía (Secretariat of Economy), and (ii) in respect of the United States, the Department of State; and (c) for the purposes of subsection 77.023(1), section 77.025 and subsections 77.028(1) and 77.031(1) and (2) of the Act, (i) in respect of Mexico, the Secretaría de Economía (Secretariat of Economy), and (ii) in respect of the United States, the office of the United States Trade Representative. SOR/94-20, s. 2 SOR/2020-65, s. 3
Special Import Measures Regulations — 36.03
36.03 A government of a province of Canada or of a state of the United States that is aggrieved by a definitive decision is deemed to be a person who is entitled to file a request with the Canadian Secretary under subsection 77.011(2) of the Act. SOR/94-20, s. 2
Special Import Measures Regulations — 36.04
36.04 For the purposes of subsection 77.012(1) of the Act, notice of an intention to make an application or to appeal in respect of a definitive decision that is to be given to every person who, but for section 77.012 of the Act, would be entitled to make such an application or to appeal shall be given by publication in the Canada Gazette of a notice to that effect and, if service of such a notice is required pursuant to the rules of procedure adopted or maintained pursuant to paragraph 14 of Article 10.12 of the Canada–United States–Mexico Agreement, by service of that notice in the prescribed manner under those rules. SOR/94-20, s. 2 SOR/2020-65, s. 4
Special Import Measures Regulations — 36.05
36.05 (1) In this section, administrative record has the same meaning as in Article 10.8 of the Canada–United States–Mexico Agreement. (2) For the purposes of section 77.015 of the Act, a panel has the powers, rights and privileges of a superior court of record in respect of the compelling of production, and the examination, of the administrative record in respect of a definitive decision, other than any portion thereof that is government information within the meaning of the rules relating to panel reviews. SOR/94-20, s. 2 SOR/2020-65, s. 5
Special Import Measures Regulations — 36.06
36.06 For the purposes of section 77.019 of the Act, a committee has the powers, rights and privileges of a superior court of record in respect of (a) the compelling of production, and the examination, of the record of a panel review; and (b) where the grounds for an extraordinary challenge proceeding before the committee are the grounds set out in subparagraph 13(a)(i) and paragraph 13(b) of Article 10.12 of the Canada–United States–Mexico Agreement, (i) the compelling of production, and the examination, of documents relevant to those grounds, (ii) the summoning and enforcement of attendance of witnesses and the compelling of those witnesses to give oral or written evidence on oath or on solemn affirmation, and (iii) the administering of oaths and affirmations. SOR/94-20, s. 2 SOR/2020-65, s. 6
Special Import Measures Regulations — 36.07
36.07 For the purposes of subsection 77.021(2) of the Act, the following are prescribed persons: (a) a member of a committee; (b) the staff of, or any person under contract to, a panel, committee or special committee; (c) the Canadian Secretary and the staff of, or any person under contract to, the Canadian Section of the Secretariat; (d) the Mexican Secretary and the staff of, or any person under contract to, the Mexican Section of the Secretariat; (e) the American Secretary and the staff of, or any person under contract to, the American Section of the Secretariat; (f) counsel for participants in the proceedings of a panel, committee or special committee and employees of, and any professional adviser retained by, or under the control or direction of, those counsel to whom confidential, personal, business proprietary or other privileged or prescribed information may be made available in respect of those proceedings; and (g) any other person to whom confidential, personal, business proprietary or other privileged or prescribed information is made available in respect of proceedings under Part I.1 of the Act. SOR/94-20, s. 2
Special Import Measures Regulations — 36.1
36.1 For the purposes of subsections 77.11(1), (5) and (6), 77.15(5), 77.17(1) and (3) and 77.19(5) of the Act, the American Secretary is the prescribed agency of the United States government. SOR/89-63, s. 2
Special Import Measures Regulations — 36.2
36.2 A government of a province of Canada or of a state of the United States that is aggrieved by a definitive decision shall be deemed to be a person entitled to make a request to the Canadian Secretary under subsection 77.11(2) of the Act. SOR/89-63, s. 2
Special Import Measures Regulations — 36.3
36.3 For the purposes of subsections 77.11(3) and 77.13(2) of the Act, the Department of State of the United States is the prescribed department of the United States government. SOR/89-63, s. 2
Special Import Measures Regulations — 36.4
36.4 (1) For the purposes of subsection 77.12(1) of the Act, the manner by which notice of the intention to make an application or appeal is given to every person to whom notice of the definitive decision was sent by the President or every person that appeared in the proceedings before the Tribunal, as the case may be, shall be in writing. (2) [Repealed, SOR/92-236, s. 4] SOR/89-63, s. 2; SOR/90-662, s. 1; SOR/92-236, s. 4; SOR/2000-138, s. 13; SOR/2015-27, s. 10
Special Import Measures Regulations — 36.5
36.5 For the purposes of subsection 77.15(2) of the Act, a panel shall have the powers, rights and privileges of a superior court of record to compel the production of and to examine the administrative record of proceedings in respect of the definitive decision, other than government information, as that expression is defined by the rules, for the purpose of the full review of the definitive decision. SOR/89-63, s. 2
Special Import Measures Regulations — 36.6
36.6 For the purposes of subsection 77.19(2) of the Act, a committee shall have the following powers, rights and privileges of a superior court of record: (a) the power to compel the production of and to examine the record of the panel review, for the purpose of the full review of the decision of the panel; and (b) where the grounds of the extraordinary challenge are the grounds set out in subparagraph 13(a)(i) and paragraph 13(b) of Article 1904 of the Free Trade Agreement, (i) the power to compel the production of and to examine documents relevant to those grounds, (ii) the power to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath or on solemn affirmation, and (iii) the power to administer oaths and affirmations. SOR/89-63, s. 2; SOR/92-590, s. 2
Special Import Measures Regulations — 36.7
36.7 For the purposes of subsection 77.21(2) of the Act, the following are prescribed persons: (a) each member of the staff of a panel or committee; (b) the Canadian Secretary, the American Secretary and the staff of the Secretariat and of the American Secretariat; (c) counsel for participants in the proceedings of the panel or committee and employees of those counsel to whom confidential, personal, business proprietary or privileged information may be made available in respect of those proceedings; and (d) any other person to whom confidential, personal, business proprietary or privileged information is made available in respect of proceedings under Part II of the Act. SOR/89-63, s. 2; SOR/92-236, s. 5(F)
Special Import Measures Regulations — 37
37 For the purposes of subparagraph (b)(ii) of the definition properly documented in subsection 2(1) of the Act, the following information is prescribed: (a) the volume and value of the complainant’s domestic production of like goods; (b) a list of all producers of like goods in Canada, and of associations of such producers in Canada, whom the complainant knows of; (b.1) a list of the trade unions that represent persons employed in the production of like goods in Canada and the associations that include such trade unions, whom the complainant knows of; (c) such details as are reasonably available to the complainant regarding the estimated volume and value of the production of like goods by the producers referred to in paragraph (b); (d) the name of each foreign producer or exporter of the allegedly dumped or subsidized goods whom the complainant knows of; (e) the name of each importer in Canada of the allegedly dumped or subsidized goods whom the complainant knows of; (f) such details as are reasonably available to the complainant regarding the evolution of the volume of imports of the allegedly dumped or subsidized goods; and (g) such details as are reasonably available to the complainant regarding the effect of imports of the allegedly dumped or subsidized goods on the price of like goods in Canada. SOR/95-26, s. 12; SOR/96-255, s. 19(F); SOR/2018-88, s. 2