GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian International Trade Tribunal Act — C-18.3 30.011
Filing of surge complaint — CIFTA 30.011 (1) A written complaint may be filed with the Tribunal where (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act ; and (b) the surtax or inclusion does not apply to or include goods imported from Israel or another CIFTA beneficiary on the basis of a determination made under subsection 20.02(1) or (3). Allegations (2) The complaint must allege that a surge of imports of goods imported from Israel or another CIFTA beneficiary undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List. Who must file complaint (3) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of such a domestic producer. Contents of complaint (4) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by such information as is available to the complainant to prove those facts and such other information as may be required by the rules. Commencement of inquiry (5) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods referred to in subsection (1) is undermining the effectiveness of the surtax or the inclusion referred to in that subsection. Notice of decision (6) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (5), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the 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 complainant, of the fact that the decision was based in whole or in part on that information. Surge of imports (7) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (1) is undermining the effectiveness of the surtax or the inclusion referred to in that subsection. Report (8) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry. Notice of report (9) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette . 1996, c. 33, s. 24; 1997, c. 36, s. 200
Canadian International Trade Tribunal Act — C-18.3 30.012
Definition of surge 30.012 (1) In this section, surge has the meaning given that word by Article F-05 of the CCFTA. Filing of surge complaint (2) A written complaint may be filed with the Tribunal if (a) any goods are subject to a surtax under subsection 55(1) or 63(1) of the Customs Tariff or are included on the Import Control List under subsection 5(3) or (3.2) of the Export and Import Permits Act ; and (b) the surtax or inclusion does not apply to or include goods imported from Chile on the basis of a determination made under subsection 20.03(2) or (4) of this Act. Allegations (3) The complaint must allege that a surge of imports of goods imported from Chile undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List. Who must file complaint (4) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer. Contents of complaint (5) A complaint must state in reasonable detail the facts on which the allegations are based and must be accompanied by the information that is available to the complainant to prove those facts and any other information that may be required by the rules. Commencement of inquiry (6) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection. Notice of decision (7) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (6), it shall immediately notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, if the reasons for its decision 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. Surge of imports (8) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection. Report (9) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry. Notice of report (10) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette . 1997, c. 14, s. 28, c. 36, s. 201
Canadian International Trade Tribunal Act — C-18.3 30.02
Definition of extension request 30.02 In sections 30.03 to 30.09, extension request means a written request filed with the Tribunal under section 30.04. 1994, c. 47, s. 38
Canadian International Trade Tribunal Act — C-18.3 30.03
Notice of expiring orders 30.03 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 55(1), section 60, subsection 63(1), 74(1) or (2), 76(1) or 77(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act , but no notice shall be published if (a) the order is repealed or ceases to have effect under subsection 56(1) or (2), 59(2) or 63(5) or section 64 of the Customs Tariff or is revoked under subsection 5(4.4) of the Export and Import Permits Act before the end of the effective period specified in the order; (b) the total of the effective period specified in the order and any periods during which the goods were subject to any related orders made under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act is eight years; (c) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 74(1) or (2) of the Customs Tariff is four years; (d) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 76(1) of the Customs Tariff is, in the case of motor vehicles of heading No. 87.03 imported from Japan, five years or in the case of any other goods, three years; or (e) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 77(1) of the Customs Tariff is four years. Manner and contents of publication (2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order. 1994, c. 47, s. 38; 1996, c. 33, s. 25; 1997, c. 14, s. 29, c. 36, s. 202; 2014, c. 28, s. 40; 2018, c. 23, s. 38
Canadian International Trade Tribunal Act — C-18.3 30.04
Filing of request relating to extension orders 30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 63(1), 74(7), 76(3) or 77(3) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods. Requests — trade unions (1.1) An extension request may also be filed by a trade union whose members are engaged in the Canadian production of the like or directly competitive goods. Time limit for filing extension request (2) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection 30.03(2). Receipt to be acknowledged (3) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt. 1994, c. 47, s. 38; 1996, c. 33, s. 26; 1997, c. 14, s. 30, c. 36, s. 203; 2014, c. 28, s. 41; 2018, c. 23, s. 39 2022, c. 10, s. 216
Canadian International Trade Tribunal Act — C-18.3 30.05
Contents of extension request 30.05 (1) An extension request shall (a) state in reasonable detail the facts on which it is based; (b) in the case of an extension request filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer; (b.1) in the case of an extension request filed by a trade union, (i) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and (ii) provide evidence that one or more domestic producers of the like or directly competitive goods support the request and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and (c) make any other representations that the requester considers relevant to the matter. Accompanying information (2) An extension request shall be accompanied by (a) such information as is available to the requester to prove the facts referred to in paragraph (1)(a) and to substantiate the estimates referred to in paragraph (1)(b) or (b.1); and (b) such other information as may be required by the rules. 1994, c. 47, s. 38 2022, c. 10, s. 217
Canadian International Trade Tribunal Act — C-18.3 30.06
Request for additional information 30.06 (1) Within twenty-one days after receiving an extension request, the Tribunal may, by notice in writing, ask the requester to provide such additional information as the Tribunal considers necessary for the request to be properly documented. Tribunal shall determine if complaint is properly documented (2) The Tribunal shall determine whether an extension request is properly documented within twenty-one days after receiving the request or, where the Tribunal has asked the requester to provide additional information pursuant to subsection (1), within twenty-one days after receiving the additional information. Notice where request properly documented (3) Where the Tribunal determines that an extension request is properly documented, it shall forthwith (a) notify the requester in writing that the request is properly documented; and (b) notify each other interested party in writing that it has received the request and that the request is properly documented. Notice where request not properly documented (4) Where the Tribunal determines that an extension request is not properly documented, it shall forthwith notify the requester in writing that the request is not properly documented and of its reasons for so concluding. 1994, c. 47, s. 38
Canadian International Trade Tribunal Act — C-18.3 30.07
Inquiries into extension requests 30.07 (1) The Tribunal shall commence an inquiry into an extension request within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and (b) that the extension request is made by or on behalf of, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods. Notice of decision (2) Where the Tribunal decides to commence an inquiry into an extension request under subsection (1), it shall forthwith (a) notify the requester and each other interested party in writing of its decision, of the reasons for its decision and of the date on which any hearing in the inquiry shall commence; (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette ; and (c) send to the Minister a copy of its decision, a copy of the request and the information accompanying the request and a copy of any other relevant information examined by the Tribunal in relation to the request. Idem (3) Where the Tribunal decides not to commence an inquiry into an extension request under subsection (1), it shall forthwith (a) notify the requester and each other interested party in writing of its decision and 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 . 1994, c. 47, s. 38 2022, c. 10, s. 218
Canadian International Trade Tribunal Act — C-18.3 30.08
Continuing necessity of order 30.08 (1) The Tribunal shall, in an inquiry into an extension request, determine whether (a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and (b) there is evidence that the domestic producers of like or directly competitive goods are adjusting, as determined in accordance with any regulations made under paragraph 40(b). Other matters (2) The Tribunal shall, in an inquiry into an extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination. 1994, c. 47, s. 38
Canadian International Trade Tribunal Act — C-18.3 30.09
Report on extension inquiry 30.09 (1) Not later than forty-five days before the expiration date of the order to which an inquiry under subsection 30.07(1) relates, the Tribunal shall prepare a report on the inquiry and 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 (2) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice of the report (a) to be given to each other interested party; and (b) to be published in the Canada Gazette . Tabling of report in certain cases (3) Where, pursuant to subsection 30.08(2), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into an extension request, 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. 1994, c. 47, s. 38
Canadian International Trade Tribunal Act — C-18.3 30.1
Definitions 30.1 In this section and in sections 30.11 to 30.19, complaint means a complaint filed with the Tribunal under subsection 30.11(1); ( plainte ) designated contract means a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations; ( contrat spécifique ) government institution means any department or ministry of state of the Government of Canada, or any other body or office, that is designated by the regulations; ( institution fédérale ) interested party means a potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint; ( intéressée ) potential supplier means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract. ( fournisseur potentiel ) 1993, c. 44, s. 44; 1994, c. 47, s. 39
Canadian International Trade Tribunal Act — C-18.3
complaint means a complaint filed with the Tribunal under subsection 30.11(1); ( plainte )
Canadian International Trade Tribunal Act — C-18.3
designated contract means a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations; ( contrat spécifique )
Canadian International Trade Tribunal Act — C-18.3
government institution means any department or ministry of state of the Government of Canada, or any other body or office, that is designated by the regulations; ( institution fédérale )
Canadian International Trade Tribunal Act — C-18.3
interested party means a potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint; ( intéressée )
Canadian International Trade Tribunal Act — C-18.3
potential supplier means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract. ( fournisseur potentiel )
Canadian International Trade Tribunal Act — C-18.3 30.11
Filing of complaint 30.11 (1) Subject to the regulations, a potential supplier may file a complaint with the Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint. Contents of complaint (2) A complaint must (a) be in writing; (b) identify the complainant, the designated contract concerned and the government institution that awarded or proposed to award the contract; (c) contain a clear and detailed statement of the substantive and factual grounds of the complaint; (d) state the form of relief requested; (e) set out the address of the complainant to which notices and other communications respecting the complaint may be sent; (f) include all information and documents relevant to the complaint that are in the complainant’s possession; (g) be accompanied by any additional information and documents required by the rules; and (h) be accompanied by the fees required by the regulations. Chairperson may assign member (3) The Chairperson may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal’s powers, and has and may perform all of the Tribunal’s duties and functions, in relation to the complaint. 1993, c. 44, s. 44; 1994, c. 47, s. 40(E); 1999, c. 12, s. 61(E)
Canadian International Trade Tribunal Act — C-18.3 30.12
Notice of receipt 30.12 (1) The Tribunal shall notify the complainant in writing of the receipt of the complaint. Notice of deficiency (2) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2), it shall notify the complainant in writing and specify the deficiencies to be corrected, the corrective action required and the period within which the action must be taken. Notice of compliance (3) Where the Tribunal determines that a complaint complies with subsection 30.11(2), it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.13
Decision to conduct inquiry 30.13 (1) Subject to the regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2), it shall decide whether to conduct an inquiry into the complaint, which inquiry may include a hearing. Notice of inquiry (2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party and give them an opportunity to make representations to the Tribunal with respect to the complaint. Postponement of award of contract (3) Where the Tribunal decides to conduct an inquiry into a complaint that concerns a designated contract proposed to be awarded by a government institution, the Tribunal may order the government institution to postpone the awarding of the contract until the Tribunal determines the validity of the complaint. Idem (4) The Tribunal shall rescind an order made under subsection (3) if, within the prescribed period after the order is made, the government institution certifies in writing that the procurement of the goods or services to which the designated contract relates is urgent or that a delay in awarding the contract would be contrary to the public interest. Decision not to conduct or to cease inquiry (5) The Tribunal may decide not to conduct an inquiry into a complaint or decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal so decides, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party of that decision and the reasons therefor. 1993, c. 44, s. 44
Canadian International Trade Tribunal Act — C-18.3 30.14
Matters inquired into 30.14 (1) In conducting an inquiry, the Tribunal shall limit its considerations to the subject-matter of the complaint. Matter to be decided (2) At the conclusion of an inquiry, the Tribunal shall determine whether the complaint is valid on the basis of whether the procedures and other requirements prescribed in respect of the designated contract, or the class of contracts to which it belongs, have been or are being observed. 1993, c. 44, s. 44