GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 92
Determination pursuant to section 55 92 A determination made pursuant to section 55 in respect of any imported goods on the basis that the importer of the goods was a person who is subsequently ruled by the Tribunal not to have been the importer thereof shall be deemed not to have been made and, for the purpose of that section, the date of the order or finding of the Tribunal with respect to goods that appear to be of the same description as the imported goods shall be deemed to be (a) where, following its ruling, the Tribunal reconsiders the order or finding pursuant to paragraph 91(1)(g) and confirms it, the date on which the Tribunal confirms the order or finding; (b) where, following its ruling, the Tribunal reconsiders the order or finding pursuant to paragraph 91(1)(g) and rescinds it and makes another order or finding with respect to goods of that description, the date of the other order or finding; and (c) in any other case, the date of the Tribunal’s ruling. 1984, c. 25, s. 92
Special Import Measures Act — S-15 93
Determination pursuant to section 56, 57 or 59 93 A determination or re-determination made pursuant to section 56, 57 or 59 in respect of any goods on the basis that the importer of the goods was a person who is subsequently ruled by the Tribunal not to have been the importer thereof shall be deemed not to have been made and the goods shall, for the purposes of section 56, be deemed to be accounted for on the earlier of (a) the day that is sixty days after the day on which the Tribunal made the ruling; and (b) the day on which a new determination is made pursuant to section 56 in respect of the goods. R.S., 1985, c. S-15, s. 93; R.S., 1985, c. 1 (2nd Supp.), s. 211
Special Import Measures Act — S-15 94
Ruling binding 94 A ruling given by the Tribunal on the question of who is the importer in Canada of any goods imported or to be imported into Canada is binding on the President, and on every person employed by the Canada Border Services Agency in the administration or enforcement of this Act, with respect to the particular goods in relation to which the ruling is given, unless the Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts that are not available to the President at the time the Tribunal gives its ruling come to the President’s attention after it is given. R.S., 1985, c. S-15, s. 94; 1999, c. 17, s. 182; 2005, c. 38, s. 133
Special Import Measures Act — S-15 95
President to provide name of importer 95 Where any person interested in the importation of goods into Canada requests the President to provide the person with the name of the importer of the goods, the President shall, except in prescribed circumstances, forthwith provide the person with the name of the importer. R.S., 1985, c. S-15, s. 95; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 96
President may gather information in advance 96 In order to facilitate the administration and enforcement of this Act, where the President believes that goods sold to an importer in Canada or goods located or in the course of production out of Canada are or may be of the same description as goods to which an order or finding of the Tribunal described in section 3, 5 or 6 applies and that they will or may be imported into Canada, the President may, for the purpose of estimating the margin of dumping of or the amount of subsidy on the goods before they are imported into Canada, seek from persons in or out of Canada, in such manner and form as he considers appropriate in the circumstances, such information as he believes will be useful for that purpose. R.S., 1985, c. S-15, s. 96; 1994, c. 47, s. 185; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 96.11
No references 96.11 (1) Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country. Suspension of s. 96.2 (2) The operation of section 96.2 is suspended during the period in which subsection (1) is in force. 1993, c. 44, s. 221; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 134 2020, c. 1, s. 102
Special Import Measures Act — S-15 96.2
No references 96.2 Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of the United States. 1988, c. 65, s. 44; 1990, c. 8, s. 73; 1999, c. 17, s. 183; 2002, c. 8, s. 182; 2005, c. 38, s. 134
Special Import Measures Act — S-15 96.21
Request for review of final determination 96.21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law. Idem (2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law. Deeming (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational 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 final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister. Definition of final determination (5) In this section, final determination means a final determination as defined in Article 10.8 of the Canada–United States–Mexico Agreement. Suspension of s. 96.3 (6) The operation of section 96.3 is suspended during the period in which this section is in force. 1993, c. 44, s. 222; 1999, c. 12, s. 48(F) 2020, c. 1, s. 103
Special Import Measures Act — S-15 96.3
Request for review of final determination 96.3 (1) The Minister for International Trade may, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that a final determination be reviewed by a panel established under that law. Idem (2) On a request made to the Canadian Secretary by any person who, but for the American law giving effect to the Free Trade Agreement, would be entitled under American law to commence domestic proceedings for judicial review of a final determination, the Minister for International Trade shall, in the manner provided for by the American law giving effect to the Free Trade Agreement, request that the final determination be reviewed by a panel established under that law. Limitation period (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the final determination is published in the Federal Register or, in the case of a final determination of which notice is not so published, the day on which notice of the final determination is received by the Minister. Definition of final determination (4) In this section, final determination means a final determination as defined in subparagraph (b) of the definition of that term in Article 1911 of the Free Trade Agreement. 1988, c. 65, s. 44; 1999, c. 12, s. 49(F)
Special Import Measures Act — S-15 96.4
Offence 96.4 (1) Every person commits an offence who (a) uses information disclosed to the person by the President under subsection 84(3) for any purpose other than the purpose for which the information was disclosed under that subsection; or (b) contravenes a condition imposed by the President under subsection 84(3). Punishment (2) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to a fine of not more than $1,000,000; or (b) an offence punishable on summary conviction and liable to a fine of not more than $100,000. Consent (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada. 1999, c. 12, s. 50, c. 17, s. 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 97
ination referred to in paragraph 21(1)(a) shall be made in the circumstances described in clause 21(1)(a)(ii)(B); (j) providing for the selection of an interest rate, from among or by reference to interest rates prevailing in or out of Canada at the time of the sale referred to in subsection 27(1), by reference to which the determination referred to in paragraph 27(1)(a) shall be made in the circumstances described in clause 27(1)(a)(ii)(B); (k) providing for the determination of or specifying the date as of which the equivalent dollar value of any amount that is expressed in the currency of a country other than Canada and that is used or taken into account for any purpose in the administration or enforcement of this Act shall be ascertained, determined or calculated; (k.1) providing for the method of determining the rate of exchange for the purpose of calculating the export price for export sales involving the sale of foreign currency on forward markets; (k.2) providing for the manner of making adjustments to export prices and normal values in situations of fluctuation or sustained movement in the rate of exchange; (k.3) prescribing the period after which the President may refuse to consider representations referred to in subsection 49(5); (k.4) prescribing the factors that the President may consider in making a determination under paragraph 76.03(7)(a); (k.5) prescribing the factors that the Tribunal may consider in making a determination under subsection 76.03(10); (k.6) providing for the manner of attributing principal and interest to imported goods when those amounts include a portion related to charges not directly associated with the value of the goods; and (l) generally, for carrying out the purposes and provisions of this Act. Regulations prescribing rate of interest (2) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations prescribing a rate of interest or rules for determining a rate of interest for the purposes of this Act. R.S., 1985, c. S-15, s. 97; R.S., 1985, c. 1 (2nd Supp.), s. 212; 1988, c. 65, s. 45; 1993, c. 44, s. 223; 1994, c. 47, s. 184; 1997, c. 14, s. 93; 1999, c. 12, s. 51, c. 17, ss. 183, 184; 2005, c. 38, s. 134; 2017, c. 20, s. 98 2020, c. 1, s. 104 2022, c. 10, s. 206
Special Import Measures Act — S-15 98
Orders suspending application 98 (1) The Governor in Council may, for the purpose of ensuring that this Act complies with the Subsidies Agreement, by order, modify or suspend the application of any provision, in whole or in part, of this Act with respect to any country. Period of order (2) Unless revoked, an order made under subsection (1) has effect for the period specified in the order. 2000, c. 14, s. 47
Special Import Measures Act — S-15 192
Special Import Measures Act 192 Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act , as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.
Special Import Measures Act — S-15 137
Application 137 The provisions of the Special Import Measures Act , as enacted or amended by sections 132 to 136 and paragraph 145(2)(i) of this Act, apply to goods of a NAFTA country, as defined in subsection 2(1) of that Act.
Special Import Measures Act — S-15 444
Application 444 The following provisions of the Act, as enacted or amended by sections 429 to 443 , apply to goods of a NAFTA country, as defined in subsection 2(1) of the Act: (a) subparagraph 34(1)(a)(i) and subsection 34(2); (b) paragraph 35(2)(b); (c) paragraph 38(3)(b); (d) paragraphs 41(3)(b) and (4)(b); (e) subsections 41.1(1) and (2); (f) subsections 42(1) and (2); (g) subsections 43(1) to (3); (h) subsection 44(2); (i) subsection 45(2); (j) subsection 47(3); (k) paragraphs 52(1)(e) and (1.1)(e); (l) subsection 53(4); (m) subsections 53.1(1) and (2); (n) subsections 61(1) and (2); (o) subsections 76.01(4) and (6); (p) subsection 76.02(5); (q) subsections 76.03(2), (5) and (6) and paragraph 76.03(7)(b); (r) section 77.14; (s) paragraph 90(c); and (t) subparagraph 91(1)(d)(ii) and paragraphs 91(3)(b) and (c).
Special Import Measures Act — S-15 200
Application 200 The provisions of the Special Import Measures Act , as enacted or amended by sections 192 to 199 , apply to goods from a NAFTA country , as defined in subsection 2(1) of that Act.
Special Import Measures Act — S-15 99
Definitions 99 The definitions in this section apply in this section and sections 100 and 101 . commencement day means the day on which this section comes into force. ( date de référence ) former Act means the Special Import Measures Act as it read on the day before the commencement day. ( ancienne loi ) new Act means the Special Import Measures Act as it read on the commencement day. ( nouvelle loi )
Special Import Measures Act — S-15
commencement day means the day on which this section comes into force. ( date de référence )
Special Import Measures Act — S-15
former Act means the Special Import Measures Act as it read on the day before the commencement day. ( ancienne loi )
Special Import Measures Act — S-15
new Act means the Special Import Measures Act as it read on the commencement day. ( nouvelle loi )
Special Import Measures Act — S-15 100
Disposition of notified complaints 100 (1) Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented , as defined in subsection 2(1) of the former Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act. Goods subject to order made after commencement day (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the new Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in respect of those goods other than the following shall be disposed of in accordance with that Act: (a) a judicial review or dispute settlement under Part I.1 or II of the new Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement; (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day; (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or (d) a proceeding, process or action under section 45 of the new Act in relation to that order or finding. Effect of order or finding (3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under that Act. New Act does not justify review (4) For the purpose of subsection 76.01(3) of the new Act, the fact that this Act comes into force is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim review of an order or finding is warranted. Determination — undertaking (5) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act. Determination — deeming (6) A determination of a normal value, export price, amount of subsidy or margin of dumping made in relation to goods under the former Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Act. Re-determination of normal value, etc. (7) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (6) shall be made in accordance with the new Act.
Special Import Measures Act — S-15 101
Application 101 The provisions of the new Act, as enacted or amended by sections 68 to 98 , apply to goods from a NAFTA country , as defined in subsection 2(1) of that Act.
Special Import Measures Act — S-15 105
Definition of commencement day 105 In sections 106 and 107 , commencement day means the day fixed under subsection 213 (1).
Special Import Measures Act — S-15 106
Pending proceedings 106 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country , as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country , as that expression is defined in subsection 2(1) of that Act as it reads on that day.
Special Import Measures Act — S-15 107
New proceedings 107 If proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country , as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country , as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day.
Special Import Measures Act — S-15 207
Definitions 207 (1) The following definitions apply in this section and sections 208 to 211 . commencement day means the day on which this Act receives royal assent. ( date de référence ) former Act means the Special Import Measures Act as it read on the day before the commencement day. ( ancienne loi ) Words and expressions (2) Words and expressions used in sections 208 to 211 have the same meaning as in the Special Import Measures Act .
Special Import Measures Act — S-15
commencement day means the day on which this Act receives royal assent. ( date de référence )
Special Import Measures Act — S-15 208
Disposition of complaints 208 If, before the commencement day, the President receives a written complaint respecting the dumping or subsidizing of goods under subsection 31(1) of the former Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.
Special Import Measures Act — S-15 209
Anti-circumvention complaints 209 If, before the commencement day, the President receives a written complaint under subsection 72(1) of the former Act respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7 of that Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.
Special Import Measures Act — S-15 210
Interim reviews — on request 210 (1) If, before the commencement day, the Tribunal receives a request to conduct an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, any interim review is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act. Interim reviews — Tribunal’s initiative (2) If, before the commencement day, the Tribunal initiates, on its own initiative, an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, the interim review is to be continued and disposed of in accordance with that Act.
Special Import Measures Act — S-15 211
Expiry reviews 211 If, before the commencement day, a notice of expiry respecting an order or finding has been published under subsection 76.03(2) of the former Act, any expiry review in respect of the order or finding is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.
Standards Council of Canada Act — S-16 1
Short title 1 This Act may be cited as the Standards Council of Canada Act . R.S., c. 41(1st Supp.), s. 1
Standards Council of Canada Act — S-16 2
Definitions 2 In this Act, Council means the Standards Council of Canada established by section 3; ( Conseil ) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. ( ministre ) R.S., c. 41(1st Supp.), s. 2
Standards Council of Canada Act — S-16
Council means the Standards Council of Canada established by section 3; ( Conseil )
Standards Council of Canada Act — S-16
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. ( ministre )
Standards Council of Canada Act — S-16 3
Council established 3 A corporation is hereby established, to be known as the Standards Council of Canada, consisting of the following members: (a) the Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee established under subsection 20(1); (b) the Chairperson of the Standards Development Organizations Advisory Committee established under subsection 21(1); and (c) not more than 10 other persons to represent the private sector, including non-governmental organizations. (d) [Repealed, 2010, c. 12, s. 1769] R.S., 1985, c. S-16, s. 3; 1996, c. 24, s. 1; 2003, c. 22, s. 224(E); 2010, c. 12, s. 1769
Standards Council of Canada Act — S-16 4
ther countries for the exchange of information and for cooperation in those activities, or enter into such arrangements on its own behalf; (j) provide financial assistance to Canadians and to Canadian organizations concerned with voluntary standardization to assist them in meeting national and international requirements; (k) collect and distribute, by electronic or any other means, information on standards and standardization activities in and outside Canada and translate that information; (l) promote the use of standards approved by the Council; and (m) make recommendations to the Minister on standards-related matters, including voluntary standards that are appropriate for incorporation by reference in any law, which recommendations may be included in the annual report of the Council. (n) [Repealed, 1996, c. 24, s. 3] Use of existing services and facilities (3) In carrying out its mandate and exercising its powers, the Council shall, to the greatest extent practicable, make use of the services and facilities of existing organizations in Canada engaged in standards development and conformity assessment and consider all alternatives before providing any new service. Definitions (3.1) The definitions in this subsection apply in this section. conformity assessment means any activity concerned with determining, directly or indirectly, that relevant requirements are fulfilled. ( évaluation de la conformité ) National Standards System means the system for voluntary standards development, promotion and implementation in Canada. ( Système national de normes ) Orders (4) The Governor in Council may, by order, designate any country for the purposes of paragraph (2)(d). R.S., 1985, c. S-16, s. 4; 1988, c. 65, s. 145; 1993, c. 44, s. 224; 1996, c. 24, s. 3 2014, c. 20, s. 366(E)
Standards Council of Canada Act — S-16
conformity assessment means any activity concerned with determining, directly or indirectly, that relevant requirements are fulfilled. ( évaluation de la conformité )