GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian International Trade Tribunal Act — C-18.3 20.07
Definition of principal cause 20.07 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat. Determination in respect of goods imported from Korea (2) Where, in an inquiry conducted under section 20 into goods imported from Korea that are specified by the Governor in Council, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury. Determinations (3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection. Inquiry under section 30.07 (4) In an inquiry commenced under section 30.07 into goods imported from Korea conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Korea are a principal cause of the serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods. 2014, c. 28, s. 35
Canadian International Trade Tribunal Act — C-18.3 20.1
Interpretation 20.1 (1) For the purposes of this section, Agreement has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act ; ( Accord ) contribute importantly has the meaning given that expression by Article 1104 of the Agreement; ( contribuer de manière importante ) goods originating in the United States means imported goods that qualify under the regulations respecting the origin of goods made under the Customs Tariff , as those regulations apply to the United States, that are specified (a) by the Governor in Council, in the case of a reference by the Governor in Council, or (b) by the Tribunal, in the case of a written complaint filed under subsection 23(1). ( marchandises originaires des États-Unis ) Interpretation (2) In interpreting the term “substantial” for the purposes of this section, regard shall be had to paragraph 1 of Article 1102 of the Agreement. Determination in respect of U.S. goods (3) Where, in an inquiry conducted pursuant to section 20 or 26, the Tribunal finds that goods originating in the United States and goods of the same kind originating in other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the quantity of such goods originating in the United States is substantial in comparison with the quantity of goods of the same kind originating in other countries and whether the goods originating in the United States contribute importantly to the serious injury or threat thereof. 1988, c. 65, s. 53
Canadian International Trade Tribunal Act — C-18.3
Agreement has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act ; ( Accord )
Canadian International Trade Tribunal Act — C-18.3
contribute importantly has the meaning given that expression by Article 1104 of the Agreement; ( contribuer de manière importante )
Canadian International Trade Tribunal Act — C-18.3 (a)
goods originating in the United States means imported goods that qualify under the regulations respecting the origin of goods made under the Customs Tariff , as those regulations apply to the United States, that are specified (a) by the Governor in Council, in the case of a reference by the Governor in Council, or (b) by the Tribunal, in the case of a written complaint filed under subsection 23(1). ( marchandises originaires des États-Unis )
Canadian International Trade Tribunal Act — C-18.3 20.2
Terms of reference 20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be. Determinations (2) In the case of an inquiry to which section 20.01 applies, the Tribunal shall include in its report any determination made pursuant to that section. Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted. Notice of report (4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette . 1993, c. 44, s. 38; 1994, c. 47, s. 35 2020, c. 1, s. 142
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Terms of reference 21 (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.1 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be. Determinations (1.1) In the case of an inquiry to which subsection 20.1(3) applies, the Tribunal shall include in its report any determination made pursuant to that subsection. Tabling of report (2) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.1 or 20 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. Notice of report (3) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.1 or 20 to be published in the Canada Gazette . R.S., 1985, c. 47 (4th Supp.), s. 21; 1988, c. 65, s. 54
Canadian International Trade Tribunal Act — C-18.3 21.1
Definition of complaint 21.1 In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (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 section 23. 1993, c. 44, s. 39; 1996, c. 33, s. 20; 1997, c. 14, s. 23; 2001, c. 28, s. 21; 2009, c. 6, s. 18, c. 16, ss. 19, 56; 2010, c. 4, s. 19; 2012, c. 18, s. 18; 2014, c. 14, s. 34, c. 28, s. 36; 2017, c. 8, s. 29 2024, c. 3, s. 30
Canadian International Trade Tribunal Act — C-18.3 22
Definition of complaint 22 In sections 23 to 30, complaint means a written complaint filed with the Tribunal under subsection 23(1) or (1.1), 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 section 23. R.S., 1985, c. 47 (4th Supp.), s. 22; 1988, c. 65, s. 55
Canadian International Trade Tribunal Act — C-18.3 24
Request for additional information 24 (1) The Tribunal may, within twenty-one days after the date of receipt of a complaint, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented. Further requests (2) Where the Tribunal receives additional information in relation to a complaint pursuant to a request made under subsection (1) or this subsection, the Tribunal may, within twenty-one days after the date of receipt of the additional information, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.
Canadian International Trade Tribunal Act — C-18.3 25
Tribunal shall determine if complaint is properly documented 25 (1) The Tribunal shall, within twenty-one days after the date of receipt of a complaint or, where the Tribunal has requested the complainant to provide additional information pursuant to subsection 24(1) or (2), within twenty-one days after the receipt of the additional information requested, determine whether the complaint is properly documented. Notice of decision (2) Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwith (a) notify the complainant in writing that the complaint is properly documented; (b) notify each other interested party in writing of the receipt of the complaint and that the complaint is properly documented; and (c) in the case of a complaint filed under subsection 23(1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination. Idem (3) Where the Tribunal determines under subsection (1) that a complaint is not properly documented, it shall forthwith notify the complainant in writing that the complaint is not properly documented and of its reasons for so concluding. R.S., 1985, c. 47 (4th Supp.), s. 25; 1993, c. 44, s. 41; 1997, c. 14, s. 25; 2001, c. 28, s. 23; 2009, c. 6, s. 20; 2014, c. 14, s. 36; 2018, c. 23, s. 35 2020, c. 1, s. 144
Canadian International Trade Tribunal Act — C-18.3 26
 respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and (b) the complainant applies to the Tribunal to commence an inquiry under subsection (1) (i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or (ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation. Extension of time (6) The Tribunal shall, within thirty days after the date of receipt of an application made under subsection (5), decide whether to commence an inquiry into the complaint under subsection (1) and it may commence an inquiry notwithstanding that the thirty day period referred to in that subsection has expired. Time limit on inquiry (7) If subsection 55(5) of the Customs Tariff or subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order under subsection 55(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than 180 days before the end of the period. R.S., 1985, c. 47 (4th Supp.), s. 26; 1988, c. 65, s. 57; 1993, c. 44, s. 42; 1994, c. 13, s. 7, c. 47, ss. 36, 46(F), 47(F); 1996, c. 33, s. 22; 1997, c. 14, s. 26, c. 36, s. 197; 1999, c. 12, s. 57, c. 17, ss. 114, 115; 2001, c. 28, s. 24; 2002, c. 19, s. 1; 2005, c. 38, s. 55; 2009, c. 6, s. 21, c. 16, ss. 21, 56; 2010, c. 4, s. 21; 2012, c. 18, s. 20, c. 26, s. 21; 2014, c. 14, s. 37, c. 28, s. 38; 2017, c. 8, s. 31; 2018, c. 23, s. 36 2019, c. 22, s. 2 2020, c. 1, s. 145 2022, c. 10, s. 215 2024, c. 3, s. 32
Canadian International Trade Tribunal Act — C-18.3 27
ic producers of like or directly competitive goods; (a.98) [Repealed, 2024, c. 3, s. 33] (b) in the case of a complaint filed under subsection 23(1.1), the goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods. Definition of principal cause (2) For the purposes of subsection (1), principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat thereof. (2.1) [Repealed, 2020, c. 1, s. 146] Considerations (2.2) In making a determination under paragraph (1)(a.6), regard shall be had to paragraph 2 of section 3 of Annex C-00-B of the CCFTA. Considerations (2.3) In making a determination under paragraph (1)(a.8), regard shall be had to paragraph 2 of section 4 of Annex III.1 of the CCRFTA. Other matters (3) The Tribunal shall, in an inquiry into a complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination. R.S., 1985, c. 47 (4th Supp.), s. 27; 1988, c. 65, s. 58; 1993, c. 44, s. 43; 1994, c. 47, ss. 46(F), 47(F); 1996, c. 33, s. 23; 1997, c. 14, s. 27, c. 36, s. 198; 2001, c. 28, s. 25; 2009, c. 6, s. 22, c. 16, ss. 22, 56; 2010, c. 4, s. 22; 2012, c. 18, s. 21, c. 26, s. 22; 2014, c. 14, s. 38, c. 28, s. 39; 2017, c. 8, s. 32; 2018, c. 23, s. 37 2020, c. 1, s. 146 2024, c. 3, s. 33
Canadian International Trade Tribunal Act — C-18.3 28
Reference to President 28 (1) Where, at any time during an inquiry into a complaint, the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act , the Tribunal shall forthwith adjourn the inquiry, give notice thereof to the complainant and each other interested party and, by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act . Resumption of inquiry (2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a complaint and refers the complaint to the President for consideration under the Special Import Measures Act , the Tribunal shall resume the inquiry only if (a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and (b) the complainant applies to the Tribunal to resume the inquiry (i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or (ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation. Termination of inquiry (3) Where the Tribunal decides not to resume an inquiry pursuant to subsection (2) by reason that the conditions referred to in that subsection have not been met, the Tribunal shall terminate the inquiry and cause written notice of such termination to be given forthwith to the complainant and each other interested party. R.S., 1985, c. 47 (4th Supp.), s. 28; 1994, c. 13, s. 7, c. 47, s. 46(F); 1999, c. 12, s. 58, c. 17, ss. 114, 115; 2005, c. 38, s. 55
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Report on inquiry 29 (1) The Tribunal shall prepare a report on each inquiry commenced by it under subsection 26(1) not later than one hundred and eighty days after the inquiry is commenced. Extension of time (2) Where, in the opinion of the Tribunal, the period referred to in subsection (1) should be extended for any reason including, without limiting the generality of the foregoing, (a) the complexity or novelty of the issues presented by the inquiry, (b) the variety of goods or number of persons involved in the inquiry, (c) the difficulty of obtaining satisfactory evidence in the inquiry, or (d) the reference, pursuant to subsection 27(3), of any other matter for examination in the inquiry, the Tribunal may extend that period by not more than ninety days and, where it does so extend the period, it shall so notify the complainant and each other interested party forthwith in writing. Copies of report (3) The Tribunal shall submit a copy of each report prepared by it pursuant to subsection (1) 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 (4) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice thereof (a) to be given to each other interested party; and (b) to be published in the Canada Gazette . Tabling of report in certain cases (5) Where, pursuant to subsection 27(3), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into a complaint, 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. R.S., 1985, c. 47 (4th Supp.), s. 29; 2002, c. 19, s. 2(F)
Canadian International Trade Tribunal Act — C-18.3 30
Further inquiry 30 (1) The Governor in Council may, at any time after the receipt of a report on an inquiry into a complaint prepared by the Tribunal pursuant to subsection 29(1), 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 thereon in accordance with the terms of reference therefor 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 29(3). Notice of report (4) The Tribunal shall cause notice of the submission of a report to the Governor in Council pursuant to subsection (1) (a) to be given to each other interested party; and (b) 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. R.S., 1985, c. 47 (4th Supp.), s. 30; 2002, c. 19, s. 3(F)
Canadian International Trade Tribunal Act — C-18.3 30.01
Definition of surge 30.01 (1) In this section, surge means a significant increase in imports over the trend for a recent representative base period. Filing of surge complaint (2) 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 a CUSMA country on the basis of a determination made under subsection 20.01(2) or (2.1) of this Act. Allegations (2.1) The complaint must allege that a surge of imports of goods imported from a CUSMA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List. Who must file complaint (2.2) 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 (3) A complaint shall state in reasonable detail the facts on which the allegations are based and shall 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 (4) 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 disclose 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 (5) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (4), it shall forthwith 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 (6) 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 (7) 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 (8) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette . 1993, c. 44, s. 44; 1994, c. 47, s. 37; 1997, c. 36, s. 199 2020, c. 1, s. 147