GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 77.011
Request for review of definitive decision 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel. Idem (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel. Deeming (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement. Limitation period (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country. Grounds for request (5) A request under subsection (1) or (2) for the review of a definitive decision may be made only on a ground set forth in subsection 18.1(4) of the Federal Courts Act . Notification of request for review (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary. No application or appeal (7) Where a request is made under subsection (1) or (2) for the review of a definitive decision by a panel, no person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision. 1993, c. 44, s. 218; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 135(E) 2020, c. 1, s. 83
Special Import Measures Act — S-15 77.012
Applications and appeals 77.012 (1) No person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision (a) before the expiry of the period of thirty days after (i) the day on which the definitive decision is published in the Canada Gazette , or (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal. Limitation period extended (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences. 1993, c. 44, s. 218; 1999, c. 12, s. 39, c. 17, s. 184; 2002, c. 8, s. 182; 2005, c. 38, s. 135(E) 2020, c. 1, s. 84
Special Import Measures Act — S-15 77.013
Appointment of panel 77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. Judges may be appointed (2) Judges of any superior court in Canada and persons who are retired judges of any superior court in Canada are eligible to be appointed to a panel. Single panel (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding. 1993, c. 44, s. 218; 1999, c. 17, s. 183; 2005, c. 38, s. 135(E); 2017, c. 20, s. 94 2020, c. 1, s. 85
Special Import Measures Act — S-15 77.014
Administrative record forwarded 77.014 On the appointment of the members of a panel to review a definitive decision, the appropriate authority shall cause a copy of the administrative record to be forwarded in accordance with the rules. 1993, c. 44, s. 218
Special Import Measures Act — S-15 77.015
Conduct of review 77.015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules. Powers of panel (2) A panel has such powers, rights and privileges as are conferred on it by the regulations. Disposition after review (3) On completion of the review of a definitive decision, a panel shall determine whether the grounds on which the review was requested have been established and shall make an order confirming the decision or referring the matter back to the appropriate authority for reconsideration within the period specified by the panel. Review of action of appropriate authority (4) A panel may, on its own initiative or on a request made in accordance with the rules, review the action taken by the appropriate authority pursuant to an order under subsection (3) and make a further order as described in that subsection within ninety days after the day on which the Canadian Secretary receives notice of the action. Decision (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette . 1993, c. 44, s. 218 2020, c. 1, s. 86
Special Import Measures Act — S-15 77.016
Action by appropriate authority 77.016 (1) Where a panel makes an order under subsection 77.015(3) or (4) or takes any action under subsection 77.019(5) referring a matter back to the appropriate authority for reconsideration, the appropriate authority shall, within the period specified by the panel, take action under this Act not inconsistent with the decision of the panel. Appropriate authority not required to act twice (2) Notwithstanding any other provision of this Act, an appropriate authority is not required to act on an order under subsection 77.015(4), unless it requires the authority to take action that is different from that taken by the authority under the order under subsection 77.015(3). 1993, c. 44, s. 218
Special Import Measures Act — S-15 77.017
Request for extraordinary challenge proceeding 77.017 (1) Within the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order. Ground for request (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.12 of the Canada–United States–Mexico Agreement. Notification of request for extraordinary challenge proceeding (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary. 1993, c. 44, s. 218 2020, c. 1, s. 87
Special Import Measures Act — S-15 77.018
Appointment of extraordinary challenge committee 77.018 On a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218 2020, c. 1, s. 87
Special Import Measures Act — S-15 77.019
Conduct of extraordinary challenge proceeding 77.019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules. Powers of committee (2) A committee has such powers, rights and privileges as are conferred on it by the regulations. Where no grounds (3) Where a committee conducting an extraordinary challenge proceeding determines that the grounds in the request for the proceeding are not established, the committee shall deny the request, and the decision of the panel in respect of which the request was made shall stand affirmed. New panel (4) Where an order of a panel is set aside by a committee, a new panel shall, in accordance with this Part, be appointed and conduct a review of the definitive decision that was the subject of that order. Action by panel (5) Where an order of a panel is referred back to the panel by a committee, the panel shall take action not inconsistent with the decision of the committee. Decision (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette . 1993, c. 44, s. 218 2020, c. 1, s. 88
Special Import Measures Act — S-15 77.02
Orders and decisions final 77.02 (1) Subject to subsection 77.015(4) and section 77.019, an order or decision of a panel or committee is final and binding and is not subject to appeal. No review (2) Subject to subsection 77.015(4) and section 77.019, no order, decision or proceeding of a panel or committee made or carried on under, or purporting to be made or carried on under, this Act shall be (a) questioned, reviewed, set aside, removed, prohibited or restrained, or (b) made the subject of any proceedings in, or any process or order of, any court, whether by way of or in the nature of injunction, certiorari , prohibition, quo warranto , declaration or otherwise, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the panel or committee to make or carry on or that, in the course of any proceeding, the panel or committee for any reason exceeded or lost jurisdiction. No references (3) Subsection 18.3(1) of the Federal Courts Act does not apply to a panel, committee or special committee. 1993, c. 44, s. 218; 2002, c. 8, s. 182
Special Import Measures Act — S-15 77.021
Code of conduct 77.021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement. Disclosure undertaking respecting confidential information (2) Every member of a panel and every prescribed person shall sign and comply with a disclosure undertaking, in the prescribed form, respecting the disclosure and use of confidential, personal, business proprietary and other privileged or prescribed information made available to the member or person in proceedings under this Part. Immunity (3) Subject to section 77.034, no action or other proceeding lies or shall be commenced against a member of a panel for or in respect of anything done or omitted to be done, or purported to be done or omitted to be done, under this Part. 1993, c. 44, s. 218; 1999, c. 17, s. 183; 2005, c. 38, s. 136(F) 2020, c. 1, s. 89
Special Import Measures Act — S-15 77.022
Remuneration and expenses of panel members 77.022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.1 of the Canada–United States–Mexico Agreement. 1993, c. 44, s. 218 2020, c. 1, s. 90
Special Import Measures Act — S-15 77.023
Request for review 77.023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement. Appointment of special committee (2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith. 1993, c. 44, s. 218 2020, c. 1, s. 91
Special Import Measures Act — S-15 77.024
Stay of panel reviews and committee proceedings 77.024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement: (a) panel reviews under section 77.011; and (b) committee proceedings under section 77.017. Exception (2) Subsection (1) does not apply in respect of a panel review or committee proceeding that was requested more than one hundred and fifty days prior to the affirmative finding by the special committee. 1993, c. 44, s. 218 2020, c. 1, s. 92
Special Import Measures Act — S-15 77.025
Stay on request 77.025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings: (a) panel reviews under section 77.011; and (b) committee proceedings under section 77.017. 1993, c. 44, s. 218 2020, c. 1, s. 93
Special Import Measures Act — S-15 77.026
When stay becomes effective 77.026 Where the Minister stays panel reviews and committee proceedings, the stay shall become effective (a) where the stay is made under section 77.024, on the day following the date on which the special committee made the affirmative finding; and (b) where the stay is made under section 77.025, on the day following the date on which the request for the stay was made. 1993, c. 44, s. 218
Special Import Measures Act — S-15 77.027
Suspension of time periods 77.027 Where a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.033: (a) the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that CUSMA country; and (b) the time periods provided in the Federal Courts Act , and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that CUSMA country. 1993, c. 44, s. 218; 2002, c. 8, s. 182 2020, c. 1, s. 94
Special Import Measures Act — S-15 77.028
Suspension of panel process 77.028 (1) The Minister may suspend the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country (a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement; and (b) at any time where the government of the CUSMA country has suspended the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada. Notice of suspension (2) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette . 1993, c. 44, s. 218 2020, c. 1, s. 94
Special Import Measures Act — S-15 77.029
Suspension of benefits 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances. Powers (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things: (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament; (b) modify or suspend the application of any federal law with respect to that country or to goods, service providers, suppliers, investors or investments of that country; (c) extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and (d) generally take such action as the Governor in Council considers necessary for that purpose. Period of order (3) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order. Definitions (4) In this section, federal law means the whole or any portion of any Act of Parliament or regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament. Order not a statutory instrument (5) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act . Action consistent with determination (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination. 1993, c. 44, s. 218 2020, c. 1, s. 95
Special Import Measures Act — S-15 77.03
Only one section applies 77.03 Where the operation of Article 10.12 of the Canada–United States–Mexico Agreement is suspended under section 77.028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.13 of that Agreement may not be suspended under section 77.029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.13 of that Agreement are suspended under section 77.029 in respect of a CUSMA country, the operation of Article 10.12 of that Agreement may not be suspended under section 77.028 in respect of that CUSMA country. 1993, c. 44, s. 218 2020, c. 1, s. 96
Special Import Measures Act — S-15 77.031
Referral to Federal Court of Appeal 77.031 (1) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under paragraph 77.028(1)(a) and (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act ; or (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act . Idem (2) Where the government of a CUSMA country suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.13 of that Agreement and (a) where any panel review is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act ; or (b) where any committee proceeding is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act . Idem (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.032. 1993, c. 44, s. 218; 2002, c. 8, s. 182 2020, c. 1, s. 96