GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian International Trade Tribunal Act — C-18.3 30.15
Findings and recommendations 30.15 (1) Where the Tribunal decides to conduct an inquiry, it shall, within the prescribed period after the complaint is filed, provide the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party with the Tribunal’s findings and recommendations, if any. Remedies (2) Subject to the regulations, where the Tribunal determines that a complaint is valid, it may recommend such remedy as it considers appropriate, including any one or more of the following remedies: (a) that a new solicitation for the designated contract be issued; (b) that the bids be re-evaluated; (c) that the designated contract be terminated; (d) that the designated contract be awarded to the complainant; or (e) that the complainant be compensated by an amount specified by the Tribunal. Criteria to be applied (3) The Tribunal shall, in recommending an appropriate remedy under subsection (2), consider all the circumstances relevant to the procurement of the goods or services to which the designated contract relates, including (a) the seriousness of any deficiency in the procurement process found by the Tribunal; (b) the degree to which the complainant and all other interested parties were prejudiced; (c) the degree to which the integrity and efficiency of the competitive procurement system was prejudiced; (d) whether the parties acted in good faith; and (e) the extent to which the contract was performed. Cost of preparing response (4) Subject to the regulations, the Tribunal may award to the complainant the reasonable costs incurred by the complainant in preparing a response to the solicitation for the designated contract. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.16
Costs 30.16 (1) Subject to the regulations, the Tribunal may award costs of, and incidental to, any proceedings before it in relation to a complaint on a final or interim basis and the costs may be fixed at a sum certain or may be taxed. Payment (2) Subject to the regulations, the Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.17
Intervenors 30.17 An interested party may, with leave of the Tribunal, intervene in any proceedings before the Tribunal in relation to a complaint. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.18
Implementation of recommendations 30.18 (1) Where the Tribunal makes recommendations to a government institution under section 30.15, the government institution shall, subject to the regulations, implement the recommendations to the greatest extent possible. Notice of intention (2) Within the prescribed period, the government institution shall advise the Tribunal in writing of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so. Notice of progress (3) Where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, it shall further advise the Tribunal in writing, within the prescribed period, of the extent to which it has then implemented the recommendations. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.19
Comments and observations 30.19 (1) The Tribunal may provide the deputy head of a government institution with its comments and observations on any matter that the Tribunal considers should be brought to the attention of the deputy head in connection with the procurement process. Definition of deputy head (2) In subsection (1), deputy head means (a) where the government institution is a department or ministry of state, the person having by law the status of deputy head; and (b) where the government institution is any other body or an office, the chief executive officer of that body or the person holding that office. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.2
Definitions 30.2 The following definitions apply in this section and in sections 30.21 to 30.25. action means (a) any action, including a provisional action, taken (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or (b) any combination of actions referred to in paragraph (a). ( mesure ) market disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ( désorganisation du marché ) significant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. ( cause importante ) WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( membre de l’OMC ) 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 (a)
action means (a) any action, including a provisional action, taken (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or (b) any combination of actions referred to in paragraph (a). ( mesure )
Canadian International Trade Tribunal Act — C-18.3
market disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ( désorganisation du marché )
Canadian International Trade Tribunal Act — C-18.3
significant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. ( cause importante )
Canadian International Trade Tribunal Act — C-18.3
WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( membre de l’OMC )
Canadian International Trade Tribunal Act — C-18.3 30.21
Inquiry into market disruption and trade diversion 30.21 (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to (a) the importation of goods originating in the People’s Republic of China into Canada 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, or (b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada that the Governor in Council refers to the Tribunal for inquiry. Terms of reference (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council. Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted. Notice of report (4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette . 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 30.22
’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods. Other matters (7) The Tribunal shall, in the inquiry into the complaint, 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 ninety 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, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council. 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 30.23
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, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council. 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 30.24
Further inquiry 30.24 (1) The Governor in Council may, at any time after the receipt of a report prepared by the Tribunal pursuant to subsection 30.22(8) or 30.23(8), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report. Terms of reference (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council. Copies of report (3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 30.22(8) or 30.23(8), as the case may be. Notice of report (4) The Tribunal shall cause a notice of the submission of a report to the Governor in Council pursuant to subsection (1) to be given to each other interested party and to be published in the Canada Gazette . Tabling of report (5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted. 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 30.25
uest, and a copy of any other relevant information examined by the Tribunal in relation to the extension request. Notice of decision not to commence inquiry (9) Where the Tribunal decides not to commence an inquiry into the extension request, it shall immediately (a) notify the requester 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 requester, 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 . Continuing necessity of order (10) The Tribunal shall, in the inquiry into the extension request, determine whether an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods. Other matters (11) The Tribunal shall, in the inquiry into the extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination. Report on extension inquiry (12) The Tribunal shall prepare a report on the inquiry not later than forty-five days before the expiry date of the order to which the inquiry under subsection (7) relates and shall submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry. Notice of report (13) 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 (14) Where, pursuant to subsection (11), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council. 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 30.26
Expiry date 30.26 Sections 30.2 to 30.25 cease to have effect on December 11, 2013. 2002, c. 19, s. 4
Canadian International Trade Tribunal Act — C-18.3 30.27
Definition of complaint 30.27 In sections 30.28 to 30.32, complaint means a written complaint filed with the Tribunal under subsection 23(1.097) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by subsection 30.28(2). 2014, c. 28, s. 42
Canadian International Trade Tribunal Act — C-18.3 30.28
Critical circumstances 30.28 (1) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Korea Tariff, or any person or association acting on behalf of such a domestic producer, may, if filing a complaint under subsection 23(1.097), include in that complaint a written allegation that as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms, and under such conditions as to give rise to critical circumstances. Contents of allegation (2) The allegation must (a) state in reasonable detail the facts on which it is 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 allegation 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 considers relevant to the matter. 2014, c. 28, s. 42
Canadian International Trade Tribunal Act — C-18.3 30.29
Request for additional information 30.29 (1) The Tribunal may, within seven days after the day on which a complaint under subsection 23(1.097) is received, by notice in writing, request the complainant to provide any additional information that the Tribunal considers necessary in order for an allegation that is included in the complaint to be properly documented. Subsequent request for additional information (2) If the Tribunal receives additional information under subsection (1) or this subsection, the Tribunal may, within seven days after the day on which the additional information is received, by notice in writing, request the complainant to provide any additional information that the Tribunal considers necessary in order for the allegation to be properly documented. 2014, c. 28, s. 42
Canadian International Trade Tribunal Act — C-18.3 30.3
Commencement of inquiry 30.3 (1) The Tribunal shall, within seven days after the day on which an allegation is received or, if the Tribunal has requested the complainant to provide additional information under subsection 30.29(1) or (2), within seven days after the day on which the additional information is received, determine whether the allegation is properly documented and, if the Tribunal determines that it is, commence an inquiry into the allegation 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 (i) the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, and (ii) delay in taking action would cause serious injury to domestic producers of like or directly competitive goods that would be difficult to repair; and (b) that the allegation is made by or on behalf of domestic producers that produce a major proportion of the domestic production of the like or directly competitive goods. Notification of decision to commence inquiry (2) If the Tribunal decides to commence an inquiry, 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 will commence; (b) cause a notice of its decision and the date on which any hearing in the inquiry will commence to be published in the Canada Gazette ; and (c) send to the Minister a copy of the complaint and the information accompanying the complaint, the allegation and the information accompanying the allegation and any other relevant information examined by the Tribunal in relation to the allegation. Notification of decision not to commence inquiry (3) If the Tribunal decides not to commence an inquiry, it shall immediately notify the complainant of its decision, of the reasons for it and, if the reasons 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 that information. 2014, c. 28, s. 42
Canadian International Trade Tribunal Act — C-18.3 30.31
Determination by Tribunal 30.31 (1) In an inquiry, the Tribunal shall, not later than 58 days after the day on which the complaint is received and having regard to any regulations made under paragraph 40(a), determine on the basis of available information whether (a) the evidence discloses a reasonable indication that the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; and (b) delay in taking action would cause serious injury to domestic producers of like or directly competitive goods that would be difficult to repair. Other matters (2) During the inquiry, the Tribunal shall examine any other matter in relation to the allegation that the Governor in Council refers to it. Report of inquiry (3) The Tribunal shall prepare a report on the inquiry and provide a copy of the report to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry. Publication of notice (4) 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 . 2014, c. 28, s. 42
Canadian International Trade Tribunal Act — C-18.3 30.32
Termination of inquiry 30.32 If the Tribunal determines under subsection 25(1) that the complaint in which the allegation is included is not properly documented, or determines not to commence an inquiry into the complaint under subsection 26(3), any proceeding initiated in relation to the allegation shall be terminated and the Tribunal must (a) if an inquiry has been commenced under subsection 30.3(1), notify the complainant and each other interested party in writing that the proceeding has been terminated and cause a notice of the fact that the proceeding has been terminated to be published in the Canada Gazette ; or (b) if an inquiry has not been commenced, notify the complainant in writing that the proceeding has been terminated. 2014, c. 28, s. 42
Canadian International Trade Tribunal Act — C-18.3 31
Right to appear 31 All parties to a hearing before the Tribunal may appear in person or may be represented at the hearing by counsel or an agent.
Canadian International Trade Tribunal Act — C-18.3 32
Hearing may be in camera 32 A hearing before the Tribunal may, on the request of any party to the hearing, be held in camera if that party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.
Canadian International Trade Tribunal Act — C-18.3 33
Hearing and taking of evidence 33 (1) The Chairperson may direct that evidence relating to any inquiry under this Act or to any matter before the Tribunal pursuant to the Special Import Measures Act , other than an appeal made pursuant to section 61 of that Act, be received, in whole or in part, by a member and, for that purpose, that member has and may exercise all of the powers of the Tribunal. Report on evidence (2) A member by whom evidence relating to any matter has been received pursuant to subsection (1) shall make a report thereon to the Tribunal and a copy of the report, modified in such manner as in the opinion of the member is necessary to comply with sections 45 and 49, shall be provided to every person who is a party to the proceedings before the Tribunal in the matter. Making of order, finding or report (3) After receiving a report on evidence relating to a matter and after holding such hearing, re-hearing or further hearing with respect to the matter as the circumstances require or as the Tribunal in its discretion deems it advisable to hold, the Tribunal may make its order, finding or report or take such other action in relation to the matter as is authorized to be taken by it in relation to the matter under this or any other Act of Parliament, as if the evidence received by the member had been received by the Tribunal. R.S., 1985, c. 47 (4th Supp.), s. 33; 1999, c. 12, s. 61(E)
Canadian International Trade Tribunal Act — C-18.3 34
Information other than sworn evidence 34 For the purpose of any inquiry under this Act or the Special Import Measures Act , the Tribunal may obtain information that in its judgment is authentic, otherwise than under the sanction of an oath or affirmation, and use and act on the information.
Canadian International Trade Tribunal Act — C-18.3 35
Conduct of proceedings 35 Hearings before the Tribunal shall be conducted as informally and expeditiously as the circumstances and considerations of fairness permit.
Canadian International Trade Tribunal Act — C-18.3 36
Fees for witnesses 36 Every person summoned to attend before the Tribunal shall receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.
Canadian International Trade Tribunal Act — C-18.3 37
Publication of decisions 37 The Tribunal shall cause notice of its decision in any proceedings held by it pursuant to any other Act of Parliament to be published forthwith in the Canada Gazette .