GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Special Import Measures Act — S-15 77.26
Offence 77.26 (1) Every person commits an offence who contravenes or fails to comply with (a) a disclosure undertaking under subsection 77.21(2); (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged information; or (c) a protective order covering business proprietary and other privileged information made under the American law giving effect to the Free Trade Agreement. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars. Consent (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada. 1988, c. 65, s. 42
Special Import Measures Act — S-15 77.27
Regulations 77.27 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations (a) conferring on a panel or committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Chapter Nineteen of the Free Trade Agreement and the rules, including powers, rights and privileges of a superior court of record; (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Majesty to perform duties or functions of the Minister under this Part; (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 1901.2, and paragraph 1 of Annex 1904.13, to Chapter Nineteen of the Free Trade Agreement; and (d) generally for carrying out the purposes and provisions of this Part. 1988, c. 65, s. 42
Special Import Measures Act — S-15 77.28
Publication in Canada Gazette 77.28 The rules, the code of conduct established pursuant to Article 1910 of the Free Trade Agreement and any amendments made to the rules or code shall be published in the Canada Gazette . 1988, c. 65, s. 42
Special Import Measures Act — S-15 77.29
Application 77.29 No provision (a) of an Act to amend this Act, (b) of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties, or (c) amending a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review that comes into force after the coming into force of this section shall be applied in respect of goods of the United States, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of the United States. 1988, c. 65, s. 42
Special Import Measures Act — S-15 78
President may require evidence to be provided 78 (1) Where, (a) in any proceeding undertaken by the President after notice has been given that the complaint is properly documented but before the initiation of an investigation or in any investigation under this Act respecting the dumping or subsidizing of goods, or (b) in relation to the sale of (i) any goods to an importer in Canada, or (ii) any goods located or in the course of production out of Canada, that are 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 will or may be imported into Canada, the President believes on reasonable grounds that any person in Canada is able to provide evidence relevant to any proceedings undertaken by the President before the initiation of an investigation, to the investigation or to the making, for the purpose of facilitating the administration or enforcement of this Act, of an estimate of the duty that will or may be payable on the goods when imported into Canada, the President may, by notice in writing, require the person to provide the President, under oath or otherwise, with the evidence referred to in the notice. Notice to provide evidence (2) Where, by notice given pursuant to subsection (1), the President requires any person to provide evidence, he shall (a) include in the notice sufficient information for the person to identify the evidence; (b) specify in the notice the time within which and the manner and form in which the evidence is to be provided; and (c) include with the notice a copy or summary of this section and sections 82 to 85. Evidence or statement to be provided (3) Where a person is required by notice given pursuant to subsection (1) to provide the President with evidence, the person shall (a) if it is reasonably practicable for the person to do so, provide the evidence in accordance with the notice; (b) if it is reasonably practicable for the person to provide a part only of the evidence in accordance with the notice, (i) so provide that part of the evidence, and (ii) provide the President with a written statement under oath identifying the remainder of the evidence and specifying the reason why it is not reasonably practicable for the person to provide the remainder of the evidence in accordance with the notice; and (c) if it is not reasonably practicable for the person to provide the evidence in accordance with the notice, provide the President with a statement under oath so stating and specifying the reason why it is not reasonably practicable to so provide the evidence. No oral evidence (4) Nothing in this section shall be construed as authorizing the President to require any person to provide evidence orally. Extension of time (5) Where, pursuant to paragraph (2)(b), the President specifies the time within which evidence is to be provided, the President may, either before or after the expiration of that time, extend the time within which the evidence is to be provided. R.S., 1985, c. S-15, s. 78; 1999, c. 12, s. 42, c. 17, ss. 183, 184; 2005, c. 38, ss. 134, 135(E)
Special Import Measures Act — S-15 79
Designation of evidence as confidential 79 (1) Where a person who provides the President with evidence pursuant to subsection 78(3) wishes some or all of the evidence to be kept confidential, the person shall submit, at the time the evidence is provided, a statement designating as confidential the evidence that he wishes to be kept confidential, together with an explanation of why he designated that evidence as confidential. Summary or statement to be provided (2) Where, pursuant to subsection (1), a person submits to the President a statement designating evidence as confidential, together with the explanation referred to in that subsection, the person shall submit to the President, at the same time, a summary of the evidence designated as confidential in sufficient detail to convey a reasonable understanding of the evidence. R.S., 1985, c. S-15, s. 79; 1999, c. 17, s. 183; 2005, c. 38, s. 135(E)
Special Import Measures Act — S-15 80
80 [Repealed, R.S., 1985, c. 1 (2nd Supp.), s. 209]
Special Import Measures Act — S-15 81
Recovery of duties from person other than importer 81 (1) Notwithstanding anything in this Act, if any duty payable under this Act in respect of goods has not been paid within thirty days after a demand for payment of the duty has been made under this Act, the President may, by notice in writing, require any person in Canada to whom the goods are sold to pay a sum in respect of the duty not exceeding the amount of the duty payable in respect of the goods sold to that person, which sum is, after the notice has been given, a debt due and payable to Her Majesty by that person and may be recovered at any time by action in any court of competent jurisdiction, together with costs of the action. Recourse under Customs Act (2) Where an amount that is less than the duty payable in respect of goods imported into Canada is recovered from a person pursuant to subsection (1), such recovery is without prejudice to any recourse available to Her Majesty under the Customs Act with respect to the remainder of the duty payable. R.S., 1985, c. S-15, s. 81; R.S., 1985, c. 1 (2nd Supp.), s. 210; 1999, c. 12, s. 43, c. 17, s. 184; 2005, c. 38, s. 134
Special Import Measures Act — S-15 82
Definition of information 82 In sections 83 to 87, information includes evidence. 1984, c. 25, s. 82
Special Import Measures Act — S-15 83
Information to be disclosed 83 Where information is provided to the President for the purposes of any proceedings under this Act, every party to the proceedings has, unless the information is information to which subsection 84(1) applies, a right, on request, to examine the information during normal business hours and a right, on payment of the prescribed fee, to be provided with copies of any such information that is in documentary form or that is in any other form in which it may be readily and accurately copied. R.S., 1985, c. S-15, s. 83; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 83.1
Information to be disclosed 83.1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies. 1993, c. 44, s. 219; 1999, c. 17, s. 183; 2005, c. 38, s. 134 2020, c. 1, s. 101
Special Import Measures Act — S-15 84
Information not to be disclosed 84 (1) Where a person (a) designates information as confidential pursuant to paragraph 85(1)(a), or (b) submits to the President, with respect to evidence, in this section referred to as “information”, provided by him pursuant to subsection 78(3), the statement and explanation referred to in subsection 79(1), and that designation or submission, as the case may be, is not withdrawn by the person, no person employed in the federal public administration who comes into possession of that information while he is so employed shall, either before or after he ceases to be so employed, knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates. Disclosure (2) Subsection (1) does not apply in respect of (a) any summary of information or statement referred to in paragraph 85(1)(b) or any summary referred to in subsection 79(2); or (b) the disclosure by the President of information for the purposes of proceedings before a panel or the Appellate Body established under the Understanding on Rules and Procedures Governing the Settlement of Disputes set out in Annex 2 to the WTO Agreement. Disclosure to counsel (3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the President in any proceedings under this Act shall, on written request and on payment of the prescribed fee, be disclosed by the President, in the manner and at the time specified by the President, to counsel for any party to those proceedings or to other proceedings under this Act arising out of those proceedings for use, notwithstanding any other Act or law, by that counsel only in those proceedings, subject to any conditions that the President considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who submitted it to the President, be disclosed to any person by counsel in any manner that is calculated or likely to make it available to (a) any party to the proceedings or other proceedings, including a party who is represented by that counsel; or (b) any business competitor or rival of any person to whose business or affairs the information relates. Limitation (3.1) The President may not disclose information under subsection (3) if the President is satisfied that the disclosure might result in material harm to the business or affairs of the person who designated the information as confidential under paragraph 85(1)(a). Definition of counsel (4) In subsection (3), counsel , in relation to a party to proceedings under this Act, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party. R.S., 1985, c. S-15, s. 84; R.S., 1985, c. 47 (4th Supp.), s. 52; 1999, c. 12, s. 44, c. 17, ss. 183, 184; 2003, c. 22, s. 224(E); 2005, c. 38, ss. 134, 135(E)
Special Import Measures Act — S-15 85
Designation of information as confidential 85 (1) Where a person who provides information to the President for the purposes of proceedings under this Act wishes some or all of the information to be kept confidential, the person shall submit, at the time the information is provided, (a) a statement designating as confidential the information that he wishes to be kept confidential, together with an explanation of why he designated that information as confidential; and (b) a non-confidential edited version or non-confidential summary of the information designated as confidential pursuant to paragraph (a) in sufficient detail to convey a reasonable understanding of the substance of the information or a statement (i) that such a non-confidential edited version or non-confidential summary cannot be made, or (ii) that such a non-confidential edited version or non-confidential summary would disclose facts that the person has a proper reason for wishing to keep confidential, together with an explanation that justifies the making of any such statement. Interpretation (2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where (a) the person does not provide a non-confidential edited version, a non-confidential summary or a statement referred to in paragraph (1)(b); (b) the person provides a non-confidential edited version or a non-confidential summary of the information designated as confidential pursuant to paragraph (1)(a), but the President is satisfied that it does not comply with paragraph (1)(b); (c) the person provides a statement referred to in paragraph (1)(b), but does not provide an explanation that justifies the making of the statement; or (d) the person provides a statement referred to in paragraph (1)(b), but the President is satisfied that the explanation given as justification for the making of the statement does not justify the making thereof. R.S., 1985, c. S-15, s. 85; 1994, c. 47, s. 182; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 86
Where there has been failure to comply 86 (1) Where a person has designated information as confidential pursuant to paragraph 85(1)(a) and the President considers that the designation is warranted, but the person has failed to comply with paragraph 85(1)(b), the President shall cause the person to be informed of that failure, of the ground on which he has so failed and of the application of subsection 87(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as it is necessary for him to take in order to comply with paragraph 85(1)(b). Where President considers designation unwarranted (2) Where, pursuant to paragraph 85(1)(a), a person has designated information as confidential and the President considers that, because of its nature, extent, availability from other sources or the failure of the person to provide any explanation of why he designated it as confidential, the designation of that information as confidential is unwarranted, the President shall cause the person (a) to be notified of the fact that the President considers the designation of that information as confidential unwarranted and of the President’s reasons for so considering; and (b) where the person has failed to comply with paragraph 85(1)(b), to be informed as provided in subsection (1). R.S., 1985, c. S-15, s. 86; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 87
Withdrawal of designation or submission of explanation 87 (1) Where a person is notified pursuant to paragraph 86(2)(a) with respect to any information that he has designated as confidential pursuant to paragraph 85(1)(a), the person may, within fifteen days after being so notified, (a) withdraw the designation, or (b) submit to the President an explanation or further explanation of why he designated the information as confidential, and where the person does neither of those things within the fifteen days, that information shall not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, unless the President obtains it elsewhere than from that person. President to reconsider (2) Where, pursuant to subsection (1), a person submits to the President, within the fifteen days referred to in that subsection, an explanation or further explanation of why the person designated information as confidential, the President shall again consider whether, taking into account that explanation or further explanation, the designation of the information as confidential is warranted and, if the President decides that it is not warranted, shall cause the person to be notified that the information will not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the President in any such proceedings, unless he obtains it elsewhere than from that person. Where failure to comply not rectified (3) Subject to subsection (4), where a person who has been informed pursuant to section 86 that he has failed to comply with paragraph 85(1)(b) with respect to any information does not, within fifteen days after being so informed or within such longer time not exceeding thirty days after being so informed as the President, either before or after the expiration of the fifteen days, in his discretion allows, take such action as it is necessary for the person to take in order to comply with paragraph 85(1)(b), the President shall cause the person to be notified that the information will not thereafter be taken into account by the President in the proceedings for the purposes of which it was provided or in any proceedings arising out of those proceedings, in which case the information shall not thereafter be taken into account by the President in any such proceedings, unless he obtains it elsewhere than from that person. Exception (4) Subsection (3) does not apply in respect of any information that the President is prohibited by subsection (1) or (2) from taking into account in the proceedings for the purposes of which it was provided. R.S., 1985, c. S-15, s. 87; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 88
Application of sections 86 and 87 88 Sections 86 and 87 do not apply in respect of evidence submitted to the President pursuant to subsection 78(3). R.S., 1985, c. S-15, s. 88; 1999, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 89
Request for ruling on who is importer in Canada 89 (1) Where a question arises or is raised as to which of two or more persons is, for the purposes of this Act, the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported, the President may, and at the request of any person interested in the importation of the goods shall, request the Tribunal for a ruling on that question, unless, in the case only of goods that have been imported into Canada, (a) a determination has been made under section 55 or 56 with respect to the goods; and (b) more than ninety days have elapsed since the determination referred to in paragraph (a) was made. Idem (2) Where the President makes a request under subsection (1) for a ruling on the question referred to therein, the President shall (a) state in the request which of the two or more persons the President believes is the importer in Canada of the goods; (b) if any of the goods is of the same description as the goods specified in a preliminary determination made in an investigation that was initiated pursuant to section 31 and is still continuing, so state in the request; (c) provide the Tribunal with such information as the President considers will be useful to it in considering the question and with such other information as the Tribunal may request; and (d) give notice of his request to such persons as the rules of the Tribunal require or as the Tribunal may require. Investigation deemed to continue (3) Where, in any investigation, the President makes a final determination of dumping or subsidizing under subsection 41(1) in respect of any goods, the investigation shall, for the purpose of paragraph (2)(b), be deemed to continue until such time as the Tribunal makes an order or finding in respect of the goods. R.S., 1985, c. S-15, s. 89; 1999, c. 12, s. 46, c. 17, s. 183; 2005, c. 38, s. 134
Special Import Measures Act — S-15 90
Tribunal’s ruling 90 Where a request is made to the Tribunal under subsection 89(1) for a ruling on the question referred to therein, the Tribunal (a) shall arrive at its ruling on the question by determining which of the two or more persons is the importer in Canada of the goods; (b) subject to paragraph (c), shall give its ruling on the question forthwith after receiving the request therefor; and (c) shall not, if a statement pursuant to paragraph 89(2)(b) is made in the request, give its ruling on the question until after it makes an order or finding in the inquiry commenced as a consequence of its receipt of notice of the preliminary determination referred to in that paragraph, unless, after the request is made to the Tribunal, it receives notice pursuant to subsection 41(4) that the investigation has been terminated pursuant to subsection 41(1) in respect of the goods specified in the preliminary determination, in which case the Tribunal shall give its ruling on the question forthwith after it receives that notice. R.S., 1985, c. S-15, s. 90; 2014, c. 20, s. 441
Special Import Measures Act — S-15 91
r order or finding has been made pursuant to that paragraph, a copy of that other order or finding, and (ii) not later than fifteen days after the completion of the reconsideration, a copy of the reasons for the action taken thereon; and (c) where the Tribunal makes another order or finding pursuant to paragraph (a), it shall cause notice of the order or finding to be published in the Canada Gazette . Separate order or finding (4) Where a reconsideration under the authority of paragraph (1)(g) involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under paragraph (3)(a), the Tribunal shall make a separate order or finding under that paragraph with respect to the goods of the United States. R.S., 1985, c. S-15, s. 91; 1988, c. 65, s. 43; 1999, c. 17, s. 183; 2005, c. 38, s. 134; 2014, c. 20, ss. 442, 443