WORLD TRADE  
ORGANIZATION  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 
6 February 2004 
 (04-0420) 
Committee on Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures Original:   English/ 
 French 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
 
CANADA 
 
 
 The following communication, dated 28 January 2 004, is being circulated at the request of the 
Delegation of Canada.  
_______________  
 
  In accordance with its obligations under Artic le 18.5 of the Agreement on Implementation of 
Article VI of the General Agreement on Tariffs  and Trade 1994 (ADA) and Article 32.6 of the 
Agreement on Subsidies and Countervailing Measures (ASCM), the Government of Canada is pleased 
to notify the attached laws and regulations.   
 
 The attached laws and regulations replace the texts previously notified, compiled as G/ADP/N/1/CAN/3 and G/SCM/N/1/CAN/3, and modified by texts notified as G/ADP/N/1/CAN/3/Add.1 and G/SCM/N/1/CAN/3/Add.1.   The attached laws and regulations are 
unofficial integrated texts. The texts are up to da te on 31 August 2003, unless otherwise mentioned.  
 
 The key elements of the changes to the previous ly notified texts reflected in this notification 
include amendments:  
- to implement the Canada-Chile Free Trade Agreement [see new subsection 14(2) of the 
Special Import Measures Act  (SIMA) and the Regulations Exempting G oods of Chile from the 
Application of Anti-dumping Measures ]; 
 
- related to the transformation of the former De partment of Revenue into the Canada Customs 
and Revenue Agency
1; 
 
- to suspend the application of the provisions im plementing the lapsed Articles 6.1, 8 and 9 of 
the ASCM [see new section 98 of the SIMA and the Order Suspending Certai n Provisions of 
the Special Import Measures Act ] ; 
 
- of a technical nature, in relation to the pa yment, collection and refund of duties [see new 
subsection 2(10) and amended sections 8 and 11, 13.2(4) and 60(1)(b) of the SIMA]; 
 
- related to the creation of the Federal Court of A ppeal, and the transfer of responsibility to this 
court of judicial review functions previously performed by the former appeal division of the 
Federal Court; 
                                                      
1 As of 12 December 2003, the functions of the Canada Customs and Revenue Agency related to the 
texts notified hereby were transferred to the newly creat ed Canada Border Services  Agency by administrative 
decision.  Any legislative or regulatory amendment relate d to that transfer will be notified in due course.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 2 
 
  
- related to the accession of the People’s Re public of China to the WTO [see amended 
subsection 20(1) of the SIMA and new section 17.1 of the Special Import Measures 
Regulations ]; and 
 
- to prescribe factors for determining whether in jury is caused by massive imports of the 
dumped or subsidized product, pursuant to Ar ticle 10.6 of the ADA and Article 20.6 of the 
ASCM [see new section 37.11 of the Special Import Measures Regulations ]. 
 
 
TABLE OF CONTENTS 
 
Page
 
 SPECIAL IMPORT MEASURES ACT ..............................................................................................3  CANADIAN INTERNA TIONAL TRIBUNAL ACT .....................................................................126 
. SPECIAL IMPORT MEAS URES REGULATIONS .....................................................................190 
 
REGULATIONS EXEMPTING GOODS OF CHILE FROM THE APPLICATION  
OF ANTI-DUMPING MEASURES.................................................................................................223  ORDER SUSPENDING CERTAIN PROVISIONS OF THE  SPECIAL IMPORT MEASURES ACT .........................................................................................224 
 
CANADIAN INTERNATIONAL TR ADE TRIBUNAL RULES .................................................225 
 
 
 
  G/ADP/N/1/CAN/4 
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SPECIAL IMPORT MEASURES ACT 
 
CHAPTER S-15 
 
An Act respecting the imposition of  anti-dumping and countervailing duties 
 
 
SHORT TITLE 
 
Short title 
 
1.  This Act may be cited as the Special Import Measures Act . 
1984, c. 25, s. 1.  
 
INTERPRETATION 
 Definitions  
2. (1) In this Act, 
 
"amount of subsidy" « montant de subvention » 
 
"amount of subsidy", in relation to any goods , means the amount determined in accordance 
with section 30.4; 
 
"amount of the subsidy" [Repealed, 1994, c. 47, s. 144] 
 
"arbitration body" « organe d'arbitrage  » 
 
"arbitration body" means the arbitration body re ferred to in Article 8.5 of the Subsidies 
Agreement;  
"Canadian Secretary" « secrétaire canadien » 
 
"Canadian Secretary" means 
 
(a)  when Part I.1 is in force, the Secretar y appointed pursuant to subsection 14(1) of the 
North American Free Trade Agreement Implementation Act , and 
 
(b)  when Part II is in force, the Secret ary appointed pursuant to subsection 77.24(1); 
 
"Commissioner" « commissaire  » 
 
"Commissioner" means the Commissioner of Customs and Revenue, appointed under section 
25 of the Canada Customs and Revenue Agency Act ; 
 
"Committee" « Comité  » 
 
"Committee" means the Committee on Subsidi es and Countervailing Measures established by 
Article 24 of the Subsidies Agreement;  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 4 
 
 
"country" « pays » 
 
"country", unless the context requires otherwise, includes 
 (a)  an external or dependent territory of a country and any other territory prescribed by 
regulation made by the Governor in Council, and 
 
(b)  except for the purposes of proceedings respecting the dumping of goods, a customs 
union; 
 
"country of export" « pays d'exportation » 
 
"country of export" means, in the case of dumped goods, the country from which the goods 
were shipped directly to Canada or , if the goods have not been shippe d directly to Canada, the country 
from which the goods would be shipped directly to Canada under normal conditi ons of trade and, in 
the case of subsidized goods, the country in which the subsidy originated; 
 
"Deputy Minister" [Repealed, 1999, c. 17, s. 180] 
 
"designated officer" « agent désigné » 
 
"designated officer" means any officer, or any o fficer within a class of officers, designated 
pursuant to section 59 of the Customs Act ; 
 
"domestic industry" « branche de production nationale  » 
 
"domestic industry" means, other than for the purposes of section 31 and subject to 
subsection (1.1), the domestic producers as a whol e of the like goods or those domestic producers 
whose collective production of the like goods constitu tes a major proportion of the total domestic 
production of the like goods except that, where a dom estic producer is related to an exporter or 
importer of dumped or subsidized goods, or is an im porter of such goods, "domestic industry" may be 
interpreted as meaning the rest of those domestic producers;  
"dumped" « sous-évalué » 
 
"dumped", in relation to any goods, means th at the normal value of the goods exceeds the 
export price thereof;  
"duty" « droits » 
 
"duty" means any duty, including provisiona l duty, imposed by virtue of this Act; 
 
"enterprise" « entreprise  » 
 
"enterprise" includes a group of enterprises, an industry and a group of industries; 
 
"export price" « prix à l'exportation » 
 
"export price" means export price determined  in accordance with sections 24 to 30; 
 
"export subsidy" « subvention à l'exportation  » 
 
"export subsidy" means a subsidy or portion of a subsidy that is contingent, in whole or in 
part, on export performance; 
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"Free Trade Agreement" « Accord de libre-échange » 
 
"Free Trade Agreement" has the meaning assigne d to the term "Agreement" by section 2 of 
the Canada-United States Free Trade Agreement Implementation Act ; 
 
"government" « gouvernement » 
 
"government", in relation to any country othe r than Canada, means the government of that 
country and includes  
(a)  any provincial, state, municipal or other local or regional government in that country, 
 
(b)  any person, agency or institution acting fo r, on behalf of, or under the authority of, or 
under the authority of any law passed by, the government of that country or that provincial, state, municipal or ot her local or regional government, and 
 
(c)  any association of sovereign states of which that country is a member; 
 
"government of a NAFTA country" « gouvernement d'un pays ALÉNA  » 
 
"government of a NAFTA country" means such department, agency or other body of the 
government of a NAFTA country as is prescribed;  
"importer" « importateur » 
 
"importer", in relation to any goods, means the person who is in reality the importer of the 
goods;  
"injury" « dommage  » 
 
"injury" means material injury to a domestic industry; 
 
"insignificant" « minimale  » 
 
"insignificant" means, 
 
(a) in relation to a margin of dumping, a marg in of dumping that is less than two per cent 
of the export price of the goods, and 
 
(b)  in relation to an amount of subsidy, an  amount of subsidy that is less than one per 
cent of the export price of the goods; 
 
"like goods" « marchandises similaires » 
 
"like goods", in relation to any other goods, means 
 
(a)  goods that are identical in all respects to the other goods, or 
 
(b)  in the absence of any goo ds described in paragraph ( a), goods the uses and other 
characteristics of which closely resemble those of the other goods; 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 6 
 
 
"margin of dumping" « marge de dumping  » 
 
"margin of dumping", in relation to any goods, mean s, subject to sections 30.1, 30.2 and 30.3, 
the amount by which the normal value of th e goods exceeds the export price of the goods; 
 
"material injury" [Repealed, 1994, c. 47, s. 144] 
 
"member" [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] 
 
"Minister" « ministre » 
 
"Minister" means the Minister of National Revenue; 
 
"NAFTA country" « pays ALÉNA  » 
 
"NAFTA country" has the meaning assigned that expression by subsection 2(1) of the North 
American Free Trade Agreement Implementation Act , but does not include Canada; 
 
"negligible" « négligeable  » 
 
"negligible" means, in respect of the volume of dumped goods of a country, 
 (a)  less than three per cent of the total vol ume of goods that are released into Canada 
from all countries and that are of the same description as the dumped goods, 
 
except that 
 
(b)  where the total volume of dumped goods of  three or more countries, each of whose 
exports of dumped goods into Canada is less than three per cent of the total volume of 
goods referred to in paragraph ( a), is more than seven per cent of the total volume of 
goods referred to in paragraph ( a), 
 the volume of dumped goods of any of those countries is not negligible;  
"non-actionable subsidy" « subventions ne donnant pas lieu à une action  » 
 
"non-actionable subsidy" means 
 
(a)  a subsidy that is not specific as determin ed pursuant to subsections (7.1) to (7.4), 
 (b)  a subsidy for 
 
(i)  industrial research assistance,  
(ii)  pre-competitive development assistance, 
 
(iii)  assistance to disadvantaged regions,  (iv)  assistance for the adaptation of existing facilities to new environmental 
standards, or 
 (v)  assistance for research activities conduc ted by institutions of higher education 
and independent research establishments, 
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that meets the prescribed criteria, or  (c)  subject to subsection (1.4), a domestic  support measure for an agricultural product 
listed in Annex 1 of the Agreement on Agri culture, being part of Annex 1A to the 
WTO Agreement, that conforms to the provisions of Annex 2 to the Agreement on 
Agriculture; 
 
"normal value" « valeur normale » 
 
"normal value" means normal value determined  in accordance with sections 15 to 23 and 29 
and 30;  
"North American Free Trade Agreement" « Accord de libre-échange nord-américain  » 
 
"North American Free Trade Agreement" has the meaning assigned to the word "Agreement" 
by subsection 2(1) of the North American Free Trade Agreement Implementation Act ; 
 
"order or finding" « ordonnance ou conclusions  » 
 
"order or finding", in relation to the Tribunal, 
 
(a)  means an order or finding made by the Tribunal under section 43 or 44 that has not 
been rescinded under any of sections 76.01 to  76.1 and subsection 91(3) but, if the 
order or finding has been amended one or more times under any of sections 76.01 to 
76.1, as last so amended, and 
 (b)  includes, for the purposes of sections 3 to 6 and 76 to 76.1, an order or finding made 
by the Tribunal under subsection 91(3) that has not been rescinded under any of 
sections 76.01 to 76.1 but, if the order or finding has been amended one or more 
times under any of sections 76.01 to  76.1, as last so amended; 
 
"person" « personne » 
 
"person" includes a partnership and an association; 
 
"prescribed" Version anglaise seulement  
 
"prescribed", in relation to a form, means pres cribed by the Commissioner and, in any other 
case, means prescribed by regulation;  
"prohibited subsidy" « subvention prohibée  » 
 
"prohibited subsidy" means a subsidy th at is prohibited by virtue of being 
 
(a)  an export subsidy, or  (b)  a subsidy or portion of a subsidy that is contingent, in whole or in part, on the use of 
goods that are produced or that originate in the country of export; 
 
"properly documented" « dossier complet  » 
 
"properly documented", in relation to a compla int respecting the dumping or subsidizing of 
goods, means that  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 8 
 
 
(a)  the complaint  
(i)  alleges that the goods have been or are being dumped or subsidized, specifies 
the goods and alleges that the dumping or subsidizing has caused injury or 
retardation or is threatening to cause injury, 
 
(ii)  states in reasonable detail the fact s on which the allegations referred to in 
subparagraph (i) are based, and 
 
(iii)  makes such other representations as the complainant deems relevant to the 
complaint, and 
 
(b)  the complainant provides  
(i)  the information that is available to the complainant to support the facts 
referred to in subparagraph ( a)(ii), 
 
(ii)  such information as is prescribed, and  (iii)  such other information as th e Commissioner may reasonably require; 
 
"provisional duty" « droits provisoires » 
 
"provisional duty" means duty imposed under section 8; 
 
"regular member" [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] 
 
"release" « dédouanement  » 
 
"release" means 
(a)  in respect of goods, to authorize the removal of the goods from a customs office, 
sufferance warehouse, bonded warehouse or duty free shop for use in Canada, and 
 
(b)  in respect of goods to which paragraph 32(2)( b) of the Customs Act  applies, to receive 
the goods at the place of business of the importer, owner or consignee; 
 
"retardation" « retard  » 
 
"retardation" means material retardation of  the establishment of a domestic industry; 
 
"sale" « vente » 
 
"sale" includes leasing and renting, an agreemen t to sell, lease or rent and an irrevocable 
tender;  
"Secretary" « secrétaire » 
 
"Secretary" means the Secretary of the Tribunal; 
 
"Subsidies Agreement" « Accord sur les subventions  » 
 
"Subsidies Agreement" means the Agreemen t on Subsidies and Countervailing Measures, 
being part of Annex 1A to the WTO Agreement; 
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"Subsidies and Countervailing Duties Agreement" [Repealed, 1994, c. 47, s. 144] 
 
"subsidized goods" « marchandises subventionnées » 
 
"subsidized goods" means 
 
(a)  goods in respect of the production, manufacture, growth, processing, purchase, 
distribution, transportation, sale, export or import of which a subsidy has been or will 
be paid, granted, authorized or otherwise provided, directly or indirectly, by the government of a country other than Canada, and 
 
(b)  goods that are disposed of by the governme nt of a country other than Canada for less 
than fair market value, 
 
and includes any goods in which, or in the produc tion, manufacture, growth, processing or the like of 
which, goods described in paragraph ( a) or ( b) are incorporated, consumed, used or otherwise 
employed; 
 
"subsidy" « subvention  » 
 
"subsidy" means 
 (a)  a financial contribution by a government of  a country other than Canada in any of the 
circumstances outlined in sub section (1.6) that confers a be nefit to persons engaged in 
the production, manufacture, growth, processing, purchase, distribution, 
transportation, sale, export or import of goods, but does not include the amount of any 
duty or internal tax imposed by the government  of the country of origin or country of 
export on 
 
(i)  goods that, because of their exportation from the country of export or country 
of origin, have been exempted or have  been or will be relieved by means of 
remission, refund or drawback, 
 (ii)  energy, fuel, oil and catalysts that are used or consumed in the production of 
exported goods and that have been exempt ed or have been or will be relieved 
by means of remission, refund or drawback, or 
 
(iii)  goods incorporated into exported goods  and that have been exempted or have 
been or will be relieved by means of  remission, refund or drawback, or 
 
(b)  any form of income or price support within the meaning of Article XVI of the 
General Agreement on Tariffs and Trade, 1994 , being part of Annex 1A to the WTO 
Agreement, that confers a benefit; 
 
"Tribunal" « Tribunal » 
 
"Tribunal" means the Canadian International Tr ade Tribunal established by subsection 3(1) of 
the Canadian International Trade Tribunal Act ; 
 
"undertaking" or "undertakings" « engagement » ou «engagements » 
 
"undertaking" or "undertakings" means an undert aking or undertakings with respect to goods 
that are the subject of a dumping or subsidizing in vestigation under this Ac t given in writing to the 
Commissioner in any of the following circumstances: G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 10 
 
  
(a)  in the case of dumped goods, an undertak ing given by an exporter who accounts for, 
or undertakings given indivi dually by exporters who account for, all or substantially 
all the exports to Canada of the dumped goods  where the exporter or each exporter, as 
the case may be, undertakes in his undertaking 
 
(i)  to revise, in the manner specified in  his undertaking, the price at which he 
sells the goods to importers in Canada, or 
 
(ii)  to cease dumping the goods in Canada, and 
 
(b)  in the case of subsidized goods,  
(i)  an undertaking given by an exporte r who accounts for, or undertakings given 
individually by exporters who account for,  all or substantially all the exports 
to Canada of the subsidized goods, wh ere the exporter or each exporter, as 
the case may be, 
 
(A)  has the consent of the government of the country of export of the 
goods to give the undertaking, and 
 
(B)  undertakes to revise, in the manner specified in his undertaking, the 
price at which he sells the goods  to importers in Canada, or 
(ii)  an undertaking given by the government of a country that accounts for, or 
undertakings given by the governments of countries that account for, all or 
substantially all the exports to Cana da of the subsidized goods where the 
country or each country, as the case may be, undertakes in its undertaking 
 
(A)  to eliminate the subsidy on goods exported to Canada from that 
country, 
 
(B)  to limit the amount of subsidy on  goods exported to Canada from that 
country, 
 
(C)  to limit the quantity of the goods to be exported to Canada from that 
country, or 
 
(D)  otherwise to eliminate the effect of the subsidizing on the production 
in Canada of like goods, 
 
in the manner specified in its undertaking;  
"United States government" « gouvernement des États-Unis » 
 
"United States government" means such departme nt, agency or other body of the federal 
government of the United States as is prescribed;  
"WTO Agreement" « Accord sur l'OMC  » 
 
"WTO Agreement" has the meaning assigned to the term "Agreement" by subsection 2(1) of 
the World Trade Organization Agreement Implementation Act . 
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When domestic industry base d on regional markets 
 
(1.1)  In exceptional circumstances, the territo ry of Canada may, for the production of any 
goods, be divided into two or more regional market s and the domestic producers of like goods in any 
of those markets may be considered to be a separate domestic industry where 
 
(a)  the producers in the market sell all or almost all of their production of like goods in 
the market; and 
 (b)  the demand in the market is not to an y substantial degree supplied by producers of 
like goods located elsewhere in Canada. 
 
Producers related to exporters or importers 
 
(1.2)  For the purposes of the definition "domest ic industry" in subsection (1), a domestic 
producer is related to an exporter or an im porter of dumped or subsidized goods where 
 
(a)  the producer either directly or indirectly  controls, or is controlled by, the exporter or 
importer, 
 
(b)  the producer and the exporter or the impor ter, as the case may be, are directly or 
indirectly controlled by a third person, or 
 (c)  the producer and the exporter or the importer, as the case may be, directly or 
indirectly control a third person, 
 
and there are grounds to believe that the producer behaves differently towards the exporter or importer 
than does a non-related producer.  
Where there is deemed to be control 
 
(1.3)  For the purposes of subsection (1.2), a person is deemed to control another person 
where the first person is legally or operationally in a position to exercise restraint or direction over the 
other person. 
 
When domestic support meas ure ceases to be a non-actionable subsidy 
 
(1.4)  A domestic support measur e referred to in paragraph ( c) of the definition "non-
actionable subsidy" in subsection (1) ceases to be  a non-actionable subsidy on the day on which the 
implementation period in respect of the Agreement on Agriculture referred to in that paragraph, as 
defined in Article 1 of that Agreement for the pur poses of Article 13 of that Agreement, expires. 
 
Threat of injury 
 
(1.5)  For the purposes of this Act, the dumping or subsidizing of goods  shall not be found 
to be threatening to cause injury or to cause a threat of injury un less the circumstances in which the 
dumping or subsidizing of goods would cause injury are clearly foreseen and imminent.  
Financial contribution 
 
(1.6)  For the purposes of paragraph ( a) of the definition "subsidy" in subsection (1), there 
is a financial contribution by a government  of a country other than Canada where 
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(a)  practices of the government involve the direct transfer of funds or liabilities or the 
contingent transfer of funds or liabilities; 
 (b)  amounts that would otherwise be owing and due to the government are exempted or 
deducted or amounts that are owing and due to the government are forgiven or not 
collected; 
 
(c)  the government provides goods or ser vices, other than general governmental 
infrastructure, or purchases goods; or 
 
(d)  the government permits or directs a non-governmental body to do any thing referred 
to in any of paragraphs ( a) to ( c) where the right or obligation to do the thing is 
normally vested in the government and th e manner in which the non-governmental 
body does the thing does not differ in a meaningful way from the manner in which 
the government would do it. 
 
Definition of "associated persons" 
 
(2)  For the purposes of this Act, the fo llowing persons are "associated persons" or 
persons associated with each other, namely,  
(a)  persons related to each other; or  
(b)  persons not related to each other, but not dealing with each other at arm's length. 
 
Persons related to each other 
 
(3)  For the purposes of subsection (2), persons are related to each other if 
 (a)  they are individuals connected by blood relationship, marriage, common-law 
partnership or adoption within the meaning of subsection 251(6) of the Income Tax 
Act; 
 
(b) one is an officer or director of the other;  (c)  each such person is an officer or director of the same two corporations, associations, 
partnerships or other organizations; 
 
(d) they are partners;  (e)  one is the employer of the other;  (f)  they directly or indirectly control or are controlled by the same person; 
 
(g) one directly or indirectly controls or is controlled by the other;  (h)  any other person directly or indirectly owns , holds or controls five per cent or more of 
the outstanding voting stock or shares of each such person; or 
 
(i)  one directly or indirectly owns, holds or controls five per cent or more of the 
outstanding voting stock or shares of the other. 
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Persons dealing at arm's length 
 
(4)  For the purposes of paragraph (2)( b), it is a question of fact whether persons not 
related to each other were at a particular time dealing with each other at arm's length. 
 (5)  [Repealed, 1994, c. 47, s. 144] 
 
 
Agreement affecting countervailing duty 
 
(6)  Notwithstanding the definition "amount of subsidy", where, in relation to any 
subsidized goods, the manufacturer, producer, vendor or exporter thereof or the government of a 
country other than Canada, undertakes, directly or indirectly in any manner whatever, to indemnify, 
pay on behalf of or reimburse the importer or purchaser in Canada of the goods for all or any part of 
the countervailing duty that may be levied on the go ods, the amount of subsidy on the goods is, for the 
purposes of this Act, the amount of subsidy determ ined and adjusted in such manner as is provided 
under that definition plus the amount of the indemnity, payment or reimbursement. 
 
Interpretation of provisions that appl y to both dumped and subsidized goods 
 
(7)  Where, by its terms, any provision of th is Act applies to both dumped and subsidized 
goods, the application of the provision  
(a)  to subsidized goods shall not be taken into account in an investigation, inquiry or 
other proceeding or matter under this Ac t relating to the dumping of goods; and 
 (b)  to dumped goods shall not be taken into account in an investigation, inquiry or other 
proceeding or matter under this Act re lating to the subsidizing of goods. 
 
Criteria and conditions for non-specificity 
 
(7.1)  A subsidy is not specific where the crit eria or conditions govern ing eligibility for, and 
the amount of, the subsidy are  
(a)  objective; 
 
(b)  set out in a legislative, regulatory or administrative instrument or other public 
document; and 
 
(c)  applied in a manner that does not favour or  is not limited to a particular enterprise. 
 
 
When subsidy is specific 
 
(7.2)  A subsidy is specific where it is 
 (a)  limited, pursuant to an instrument or  document referred to in paragraph (7.1)( b), to a 
particular enterprise within the jurisdiction of the authority that is granting the subsidy; or 
 
(b)  a prohibited subsidy. 
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Determination of specificity by Commissioner 
 
(7.3)  Notwithstanding that a subsidy is not  limited in the manner referred to in 
paragraph (7.2)( a), the Commissioner may determine the subs idy to be specific having regard as to 
whether  
(a)  there is exclusive use of the subs idy by a limited number of enterprises; 
 (b) there is predominant use of the subsidy by a particular enterprise; 
 (c)  disproportionately large amounts of the subsidy are granted to a limited number of 
enterprises; and 
 
(d) the manner in which discretion is exerci sed by the granting authority indicates that 
the subsidy is not generally available. 
 
Additional considerations 
 
(7.4)  Where any of the factors listed in paragraphs (7.3)( a) to ( d) is present, the 
Commissioner shall consider whether the presence is due to 
 
(a)  the extent of diversification of econo mic activities within th e jurisdiction of the 
granting authority, or 
 (b)  the length of time that the subsidy program has been in operation, 
 
and where the Commissioner is of the opinion that the presence is due to one of the reasons set out in 
paragraph ( a) or ( b), the Commissioner may find the subsidy not to be specific notwithstanding that, 
were it not for that opinion, the Commissioner would have found the subsidy to be specific.  
Law relating to the customs 
 
(8)  For greater certainty, this Act sh all be considered, for the purposes of the Customs 
Act, to be a law relating to the customs. 
 
Powers, duties and functions of Commissioner 
 
(9)  Any power, duty or function of the Commissioner under this Act may be exercised or 
performed by any person authorized by the Commissione r to do so and, if so exercised or performed, 
is deemed to have been exercised or performed by the Commissioner. 
 
Application of Customs Act 
 
(10)  The Customs Act  applies, with any modifications that the circumstances require, in 
respect of  
(a)  the payment, collection or refund of an y duty levied or returned under this Act; 
 
(b)  the payment, collection, refund or waiver of interest on duty payable or returned 
under this Act; and 
 (c)  the time within which duties payable under this Act, or security posted under this Act, 
are deemed to be paid or posted. 
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 R.S., 1985, c. S-15, s. 2; R.S., 1985, c. 23 (1st Supp.), s. 1, c. 1 (2nd Supp.), ss. 197, 213, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 23; 1993, c. 44, s. 201; 1994, c. 13, s. 7, c. 47, ss. 144, 185; 1999, c. 12, s. 1, c. 17, ss. 180, 183; 2000, c. 12, s. 291; 2001, c. 25, s. 91.  
 
PART I 
SPECIAL IMPORT MEASURES 
 
LIABILITY FOR ANTI-DUMPING, COUNTERVAILING AND PROVISIONAL DUTIES 
 
Anti-dumping and Countervailing Duty 
 
 
Anti-dumping and c ountervailing duty 
 
3. (1)  Subject to section 7.1, there shall be levied, collected and paid on all dumped and 
subsidized goods imported into Canada in respect of  which the Tribunal has made an order or finding, 
before the release of the goods, that the dumping or  subsidizing of goods of the same description has 
caused injury or retardation, is th reatening to cause injury or would have caused injury or retardation 
except for the fact that provisional duty was a pplied in respect of the goods, a duty as follows: 
 
(a)  in the case of dumped goods, an anti-dump ing duty in an amount equal to the margin 
of dumping of the imported goods; and 
 (b)  in the case of subsidized goods, a counte rvailing duty in an amount equal to the 
amount of subsidy on the imported goods. 
 
Duty where undertaking violated 
 
(2)  If the Tribunal has made an order or findi ng referred to in subsection (1) in respect of 
goods that are subject to an undertaking referred to in section 7.1 and the unde rtaking is subsequently 
terminated under paragraph 52(1)( d), there shall be levied, collected and paid a duty as provided 
under paragraphs (1)( a) and ( b) on all of those goods that were 
 
(a)  if paragraph 52(1)( a) applies, released on or after the later of 
 
(i)  the day on which the undertaking was violated, and  (ii)  the ninetieth day before the day on which notice of termination was given 
under paragraph 52(1)( e); and 
 
(b)  if paragraph 52(1)( b) or ( c) applies, released on or after the day on which notice of 
termination was given under paragraph 52(1)( e). 
 
R.S., 1985, c. S-15, s. 3; 1994, c. 47, ss. 145, 185(E); 1999, c. 12, s. 2. 
 
Other cases 
 
4. (1)  Subject to section 7.1, there shall be levied, collected and paid a duty as set out in 
subsections (3) and (4) on all dumped and subsidized goods imported into Canada 
 (a)  in respect of which the Tribunal has made an order or finding, after the release of the 
goods, that the dumping or subsidizi ng of goods of the same description G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 16 
 
 
 
(i)  has caused injury, or  (ii)  would have caused injury except for the fact that provisional duty was 
applied in respect of the goods; and 
 
(b)  that were released during the period be ginning on the day on which the preliminary 
determination is made with respect to the goods and ending on the day on which the 
Tribunal makes the order or finding. 
 
Where undertaking subsequently terminated 
 
(2)  There shall be levied, collected and paid  a duty as set out in subsections (3) and (4) 
on all dumped and subsidized goods imported into Canada 
 
(a)  that are the subject of an undertak ing accepted by the Commissioner under subsection 
49(1) that was terminated under paragraph 52(1)( d); 
 (b)  in respect of which the Tribunal has made an order or finding, after the release of the 
goods, that the dumping or subsidizi ng of goods of the same description 
 
(i)  has caused injury, or 
 
(ii)  would have caused injury except for the fact that provisional duty was 
applied in respect of the goods; and 
 
(c)  that were released, where paragraph 52(1)( a), (b) or ( c) applies, during the period 
beginning on the day on which the prelimin ary determination was made and ending 
on the day the undertaking was accepted, and 
 
(i)  where paragraph 52(1)( a) applies, during the period beginning on the later of 
 
(A)  the day on which the undertaking is violated, and 
 
(B)  the ninetieth day before the day on which notice of the termination 
was given under paragraph 52(1)( e), 
 
and ending on the day on which the Tribunal makes the order or finding referred to in 
paragraph ( b), or 
 
(ii)  where paragraph 52(1)( b) or ( c) applies, beginning on the day on which 
notice of termination was given under paragraph 52(1)( e) and ending on the 
day on which the Tribunal makes the orde r or finding referred to in paragraph 
(b). 
 
Amount of duty 
 
(3)  The duty applicable to goods under subsection (1) or (2) is 
 (a)  in the case of dumped goods, an anti-dumpi ng duty in an amount that is equal to the 
margin of dumping of the goods; and 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 17 
 
 
(b)  in the case of subsidized goods, a counterva iling duty in an amount that is equal to the 
amount of subsidy on the goods. 
 
Limitation 
 
(4)  The duty referred to in subsection (3) sh all not exceed the duty,  if any, paid or 
payable in respect of the goods under section 8.  R.S., 1985, c. S-15, s. 4; 1988, c. 65, s. 25; 1994, c. 47, s. 146; 1999, c. 17, s. 183.  
Anti-dumping duty 
 
5.  There shall be levied, collected and pa id on all dumped goods imported into Canada 
 
(a)  in respect of which the Tribunal has made an order or finding, after the release of the 
goods, that 
 
(i)  either 
 
(A)  there has occurred a considerable  importation of like goods that were 
dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or 
 (B)  the importer of the goods was or should have been aware that the 
exporter was practising dumping a nd that the dumping would cause 
injury, and 
 
(ii)  injury has been caused by reason of the fact that the imported goods  
(A)  constitute a massive im portation into Canada, or 
 (B)  form part of a series of impor tations into Canada, which importations 
in the aggregate are massive and have occurred within a relatively short period of time, 
 
and in order to prevent the recurrence of the in jury, it appears necessary to the Tribunal that 
duty be assessed on the imported goods, and  (b)  that were released during the period of ninety days preceding the day on which the 
Commissioner made a preliminary determina tion of dumping in respect of the goods 
or goods of that description, other than goods  that were released before the initiation 
of an investigation referred to in section 31, 
 an anti-dumping duty in an amount equal to the margin of dumping of the imported goods.  
R.S., 1985, c. S-15, s. 5; 1994, c. 47, s. 146; 1999, c. 17, s. 183. 
 
Countervailing duty 
 
6.  Where any subsidy on subsidized goods is a prohibited subsidy, there shall be levied, 
collected and paid on all such subs idized goods imported into Canada 
 
(a)  in respect of which the Tribunal has made an order or finding, after the release of the 
goods, that G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 18 
 
 
 
(i)  injury has been caused by reason of the fact that the imported goods  
(A)  constitute a massive im portation into Canada, or 
 
(B)  form part of a series of impor tations into Canada, which importations 
in the aggregate are massive and have occurred within a relatively short period of time, and 
 
(ii)  a countervailing duty should be impo sed on the subsidized goods in order to 
prevent the recurrence of such injury, 
 
(b)  that were released during the period of ninety days preceding the day on which the 
Commissioner made a preliminary determina tion of subsidizing in respect of the 
goods or goods of that description, other th an goods that were released before the 
initiation of an investigation referred to in section 31, and 
 
(c)  in respect of which the Commissioner h as made a specification pursuant to clause 
41(1)( a)(iv)(C), 
 
a countervailing duty in an amount equal to such of the amount of subsidy on the imported goods as is 
a prohibited subsidy.  R.S., 1985, c. S-15, s. 6; 1994, c. 47, s. 146; 1999, c. 12, s. 52(E), c. 17, s. 183.  
Governor in Council may impose countervailing duty by order 
 
7. (1)  The Governor in Council may order an investigation to determine the amount of 
subsidy on any subsidized goods that are the product of a country specified in the order, and where 
 
(a)  the Commissioner has, by means of the investigation, determined that amount, and 
 (b)  the Committee has authorized Cana da to impose countervailing duties on the 
subsidized goods, 
 
the Governor in Council may, on the recommendation of  the Minister of Finance, by order impose a 
countervailing duty on any subsidized goods that are the product of that country and that are of the 
same description as the goods in respect of whic h the Commissioner has determined the amount of 
subsidy and, where a countervailing duty is so imposed, there shall, subject to subsection (2), be 
levied, collected and paid on all such subsidized goods imported into Canada  a countervailing duty in 
the amount specified in the order in respect of the goods. 
 
Duty not to exceed amount of subsidy 
 
(2)  Where subsidized goods on which a c ountervailing duty has been imposed pursuant 
to subsection (1) are imported into Canada and th e amount of subsidy on the imported goods is less 
than the amount of the duty so imposed, there shall be levied, collected and paid on the goods 
pursuant to this section a countervailing duty only in the amount of subsidy on the goods. 
 R.S., 1985, c. S-15, s. 7; 1994, c. 47, ss. 147, 185; 1999, c. 17, s. 183.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 19 
 
 
Non-application 
 
7.1  Sections 3 and 4 do not apply in respect of goods in respect of which an undertaking 
has been accepted and not terminated.  
1994, c. 47, s. 148. 
  
Provisional Duty 
 
Imposition of provisional duty 
 
8. (1)  Where the Commissioner makes a preliminary determination of dumping or 
subsidizing in an investigation unde r this Act and considers that the imposition of provisional duty is 
necessary to prevent injury, retardation or threat of injury, the importer in Canada of dumped or 
subsidized goods that are of the same description as any goods to which the preliminary determination 
applies and that are released during the period co mmencing on the day the preliminary determination 
is made and ending on the earlier of 
 
(a)  the day on which the Commissioner caus es the investigation to be terminated 
pursuant to subsection 41(1) with respect  to goods of that description, and 
 (b)  the day on which the Tribunal makes an order or finding with respect to goods of that 
description, 
 
shall, within the time prescribed under the Customs Act  for the payment of duties, at the option of the 
importer,  
(c)  pay or cause to be paid on the impor ted goods provisional duty in an amount not 
greater than the estimated margin of dumping of, or the estimated amount of subsidy 
on, the imported goods, or 
 (d)  post or cause to be posted security for pr ovisional duty in the prescribed form and in 
an amount or to a value not greater than the estimated margin of dumping of, or the 
estimated amount of subsidy on, the imported goods. 
 
Imposition of provisional duties on referral back to Tribunal 
 
(1.1)  If an order or finding of the Tribuna l under subsection 43(1), 76.02(4) respecting a 
review under subsection 76.02(1), or 91(3), other than an order or findi ng described in any of sections 
3 to 6, is referred back to the Tribunal under subsection 77.015(3) or (4 ) or 77.019(5), or under 
subsection 77.15(3) or (4) or 77.19(4), the importer of dumped or subsidized goods that are of the 
same description as any goods to which the order or  finding applies and that are released during the 
period beginning on the day on which the prelimin ary determination is made under subsection 38(1) 
and ending on the day on which the Tribunal makes an order or finding, on the referral back, with 
respect to goods of that description, shall,  within the time prescribed under the Customs Act  for the 
payment of duties, at the option of the importer, 
 
(a)  pay or cause to be paid on the impor ted goods provisional duty in an amount not 
greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods; or 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 20 
 
 
(b)  post or cause to be posted security for pr ovisional duty in the prescribed form and in 
an amount or to a value not greater than the estimated margin of dumping of, or the 
estimated amount of subsidy on, the imported goods. 
 
Imposition of provisional dutie s on referral back from Fe deral Court of Appeal 
 
(1.2)  If an order or finding of the Tribuna l under subsection 43(1), 76.02(4) respecting a 
review under subsection 76.02(1), or 91(3), other than an order or findi ng described in any of sections 
3 to 6, is referred back to the Tribunal by the Federal Court of Appeal, the importer of dumped or 
subsidized goods that are of the same description as any goods to which the order or finding applies 
and that are released during the period beginning on the day on which the preliminary determination 
is made under subsection 38(1) and ending on the day on which the Tribunal makes an order or 
finding, on the referral back, with respect to goods  of that description, shall, within the time 
prescribed under the Customs Act  for the payment of duties, at the option of the importer, 
 
(a)  pay or cause to be paid on the impor ted goods provisional duty in an amount not 
greater than the estimated margin of dumping of, or the estimated amount of subsidy on, the imported goods; or 
 
(b)  post or cause to be posted security for pr ovisional duty in the prescribed form and in 
an amount or to a value not greater than the estimated margin of dumping of, or the 
estimated amount of subsidy on, the imported goods. 
 
Return of provisional duty 
 
(2)  Any provisional duty paid or security poste d under subsection (1), (1.1) or (1.2) by or 
on behalf of an importer in respect of the im portation of dumped or subsidized goods of any 
description shall  
(a)  be returned to the importer forthwith after  
(i)  the Commissioner causes the investig ation to be terminated pursuant to 
subsection 35.1(1) or 41(1) with resp ect to goods of that description, 
 
(ii)  all proceedings respecting the dumping or subsidizing of goods of that 
description are terminated as described in section 47, or 
 
(iii) the Tribunal makes an order or fi nding with respect to goods of that 
description if the order or finding is only to the effect that the dumping or subsidizing of those goods is threatening to cause injury; and 
 
(b)  except to the extent of any duty payable in respect of the imported goods, be returned 
to the importer forthwith after a determina tion is made in respect of the imported 
goods by a designated officer pursuant to such of paragraphs 55(1)( c) to ( e) as are 
applicable. 
 (3) and (4) [Repealed, 2001, c. 25, s. 92] 
 
Suspension of collection 
 
(5)  Where the Commissioner accepts an undertaking with respect to dumped or 
subsidized goods, the collection of provisional du ties on any dumped or subsidized goods, as the case  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 21 
 
 may be, that are of the same description as any good s to which the preliminary determination applies 
is suspended for the period during which the undertaking is in force.  
Resumption of collection 
 
(6)  If the Commissioner terminates an undertaking under subsection 51(1) or 52(1) with 
respect to dumped or subsidized goods, the collection of provisional duties on those goods is resumed and the importer of dumped or subsidized goods th at are of the same description as any goods to 
which the preliminary determination under subsection 38(1) applied and that are released during the 
period beginning on the day on which the undertakin g was terminated and ending on the earlier of 
 
(a)  the day on which the Commissioner caus es the investigation to be terminated 
pursuant to subsection 41(1) with respect  to goods of that description, and 
 (b)  the day on which the Tribunal makes an order or finding with respect to goods of that 
description, 
 
shall, within the time prescribed under the Customs Act  for the payment of duties, at the option of the 
importer,  
(c) pay or cause to be paid on the importe d goods provisional duty in an amount not 
greater than the estimated margin of dumping of, or the estimated amount of subsidy 
on, the imported goods, or 
 (d)  post or cause to be posted security for pr ovisional duty in the prescribed form and in 
an amount or to a value not greater than the estimated margin of dumping of, or the 
estimated amount of subsidy on, the imported goods. 
 
R.S., 1985, c. S-15, s. 8; R.S., 1985, c. 1 (2nd Supp.), s. 198; 1988, c. 65, s. 26; 1993, c. 44, s. 202; 1994, c. 47, ss. 149, 185(E); 1997, c. 14, s. 88; 1999, c. 12, ss. 3, 52(E), c. 17, ss. 183, 184; 2001, c. 25, s. 92.  
Payment of Duty During Court Proceedings  and Proceedings under Part I.1 or II 
 
Duty ceases where order or  finding set aside by court 
 
9. (1)  Where proceedings are commenced by an  application for judicial review under the 
Federal Courts Act , or an application under section 96.1 of this  Act, to review and set aside an order 
or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section 
referred to as "payable") under this Act on goods  imported into Canada that are of the same 
description as any goods to which the order or findi ng applies, duty continues, notwithstanding any 
order or decision that may be made or given in the course of the proceedings, to be so payable 
pursuant to the order or finding on imported goods of that description during the course of the 
proceedings and after they are finally disposed of, unless the final disposition of the proceedings 
results in the order or finding being set aside or being set aside in relation to particular goods, in 
which case  
(a)  duty ceases, on the final disposition of the proceedings, to be so payable on imported 
goods of that description or the same desc ription as those particular goods, as the case 
may be; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 22 
 
 
(b)  for greater certainty, the order or finding shall, for the purposes of this Act, be 
deemed never to have been made by the Tribunal in respect of goods described in 
paragraph ( a). 
 
Definition of "proceedings" 
 
(2)  In subsection (1), "proceed ings", in relation to an application made to the Federal 
Court of Appeal, includes proceedings on any ap peal from any decision of that Court on the 
application.  R.S., 1985, c. S-15, s. 9; 1988, c. 65, s. 27; 1990, c. 8, s. 69; 2002, c. 8, s. 182. 
 
Duty ceases where order or findi ng rescinded pursuant to review 
 
9.01 (1) Where a review is requested under Part I.1 of an order or finding of the Tribunal 
pursuant to which duty is leviable, collectable and payable (in this section referred to as "payable") 
under this Act on goods of a NAFTA country imported in to Canada that are of the same description as 
any goods to which the order or finding applies, duty continues, notwithstanding any order or decision 
that may be made or given in the course of proceed ings under that Part, to be so payable pursuant to 
the order or finding on imported goods of that descr iption during the course of the proceedings and 
after they are finally disposed of, unless the final di sposition of the proceedings results in the order or 
finding being rescinded or being rescinded in  relation to particular goods, in which case 
 
(a)  duty ceases, on the order or finding being so rescinded, to be so payable on imported 
goods of that description or the same desc ription as those particular goods, as the case 
may be; and 
 
(b)  for greater certainty, the order or finding shall, for the purposes of this Act, be 
deemed never to have been made by the Tribunal in respect of goods described in 
paragraph ( a). 
 
Suspension of s. 9.1 
 
(2)  The operation of section 9.1 is suspended during the period in which subsection (1) is 
in force.  1993, c. 44, s. 204.  
Duty ceases where order or findi ng rescinded pursuant to review 
 
9.1  Where a review is requested under Part II of an order or finding of the Tribunal 
pursuant to which duty is leviable, collectable and payable (in this section referred to as "payable") 
under this Act on goods of the United States imported in to Canada that are of the same description as 
any goods to which the order or finding applies, duty continues, notwithstanding any order or decision 
that may be made or given in the course of proceed ings under that Part, to be so payable pursuant to 
the order or finding on imported goods of that descr iption during the course of the proceedings and 
after they are finally disposed of, unless the final di sposition of the proceedings results in the order or 
finding being rescinded or being rescinded in  relation to particular goods, in which case 
 
(a)  duty ceases, on the order or finding being so rescinded, to be so payable on imported 
goods of that description or the same desc ription as those particular goods, as the case 
may be; and 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 23 
 
 
(b)  for greater certainty, the order or finding shall, for the purposes of this Act, be 
deemed never to have been made by the Tribunal in respect of goods described in 
paragraph ( a). 
 
1988, c. 65, s. 28. 
 
Duty ceases where final determination set aside by court 
 
9.2 (1)  Where duty is leviable, collectable and payable (in this section referred to as 
"payable") under this Act pursuant to an order or finding of the Tribunal on goods imported into 
Canada and proceedings are commenced in the Fede ral Court of Appeal by an application under 
section 96.1 to review and set aside the fi nal determination of the Commissioner under 
paragraph 41(1)( a) on which the order or finding is based, duty continues, notwithstanding any order 
or decision that may be made or given in the cour se of the proceedings, to be so payable pursuant to 
the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings 
results in the final determination be ing set aside or being set aside in  relation to particular goods, or 
the Commissioner recommencing the investiga tion and terminating it under paragraph 41(1)( b), in 
which case 
 
(a)  duty ceases, on the final determination being so set aside or the investigation being so 
terminated, to be so payable on imported goods of that description or the same description as those particular goods, as the case may be; and 
 
(b)  for greater certainty, the order or finding shall, for the purposes of this Act, be 
deemed never to have been made by the Tribunal in respect of goods described in 
paragraph ( a). 
 
Definition of "proceedings" 
 
(2)  In subsection (1), "proceed ings", in relation to an application made to the Federal 
Court of Appeal, includes proceedings on any ap peal from any decision of that Court on the 
application. 1988, c. 65, s. 28; 1999, c. 17, s. 183.  
Duty ceases where investigation terminated pursuant to review 
 
9.21 (1) Where duty is leviable, collectable a nd payable (in this section referred to as 
"payable") under this Act pursuant to an order or finding of the Tribunal on goods of a NAFTA 
country imported into Canada and a review is reque sted under Part I.1 of the final determination of 
the Commissioner under paragraph 41(1)( a) on which the order or finding is based, duty continues, 
notwithstanding any order or decision that may be made or given in the course of proceedings under 
that Part, to be so payable pursuant to the order or finding on imported goods of the same description 
as those goods during the course of the proceedings a nd after they are finally disposed of, unless the 
final disposition of the pr oceedings results in the Commissione r recommencing the investigation and 
terminating it under paragraph 41(1)( b), in which case 
 
(a)  duty ceases, on the investigation being so terminated, to be so payable on imported 
goods of that description; and 
 (b)  for greater certainty, the order or finding shall, for the purposes of this Act, be 
deemed never to have been made by the Tr ibunal in respect of imported goods of that 
description. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 24 
 
  
Suspension of s. 9.3 
 
(2)  The operation of section 9.3 is suspended during the period in which subsection (1) is 
in force.  1993, c. 44, s. 205; 1999, c. 17, s. 183. 
 
Duty ceases where investigation terminated pursuant to review 
 
9.3  Where duty is leviable, collectable and payable (in this section referred to as 
"payable") under this Act pursuant to an order or  finding of the Tribunal on goods of the United States 
imported into Canada and a review  is requested under Part II of the final determination of the 
Commissioner under paragraph 41(1)( a) on which the order or finding is based, duty continues, 
notwithstanding any order or decision that may be made or given in the course of proceedings under 
that Part, to be so payable pursuant to the order or finding on imported goods of the same description 
as those goods during the course of the proceedings a nd after they are finally disposed of, unless the 
final disposition of the pr oceedings results in the Commissione r recommencing the investigation and 
terminating it under paragraph 41(1)( b), in which case 
 
(a)  duty ceases, on the investigation being so terminated, to be so payable on imported 
goods of that description; and 
 (b)  for greater certainty, the order or finding shall, for the purposes of this Act, be 
deemed never to have been made by the Tr ibunal in respect of imported goods of that 
description. 
 1988, c. 65, s. 28; 1999, c. 17, s. 183.  
Duty reimposed on referral back 
 
9.4 (1)  If an order of the Tribunal under subsection 76.01(5) or paragraph 76.03(12)( a) 
rescinding an order or finding described in any of sec tions 3 to 6 is referred back to the Tribunal under 
subsection 77.015(3) or (4) or 77.0 19(5), or under subsection 77.15(3) or (4) or 77.19(4), the importer 
of dumped or subsidized goods that are of the sa me description as any goods to which the rescinded 
order or finding applied and that are released on or after the day on which the order of the panel 
referring the rescinding order or finding back is ma de, shall pay or cause to be paid duty on the 
imported goods as if the rescinded orde r or finding had not been rescinded. 
 
Cessation of duty 
 
(2)  Duty that is payable under subsection (1) continues to be so payable during the course 
of the proceedings of the Tribunal on the referral back and thereafter, unless the order or finding of 
the Tribunal on the referral back is  
(a)  to confirm the rescinding order or finding, in which case  
(i)  the duty ceases, on the day on which the order or finding of the Tribunal on 
the referral back is made, to be  so payable on imported goods, and 
 
(ii)  the duty paid under subsection (1) sha ll be returned to the importer forthwith 
after that day; or 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 25 
 
 
(b)  to rescind the rescinding order or finding and make a new or other order or finding 
with respect to the goods to which the r escinded order or finding applied, in which 
case the duty paid under subsection (1) shall be returned to the importer forthwith 
after the day on which the order or finding of the Tribunal on the referral back is 
made, except to the extent of any duty paya ble by the importer as a consequence of 
the new or other order or finding. 
 
Where Tribunal makes new order or finding 
 
(3)  Where the Tribunal rescinds a rescinding order or finding and makes a new or other 
order or finding as described in paragraph (2)( b), the new or other order or finding shall be deemed, 
for the purposes of this Act, to have been made on the day on which the orde r or finding so rescinded 
was made.  1988, c. 65, s. 28; 1993, c. 44, s. 206; 1999, c. 12, s. 4.  
 
General Rules Relating to Payment of Duty 
 
Where both anti-dumping duty and c ountervailing duty payable on goods 
 
10.  Where both an anti-dumping duty and a c ountervailing duty are required by this Act 
to be levied, collected and paid on any goods impo rted into Canada and all or any portion of the 
margin of dumping of the goods is, in the opinion of the Commissioner, attributable to an export 
subsidy in respect of which a countervailing duty is required by any of sections 3, 4, 6 and 7 to be 
levied, collected and paid, the anti-dumping duty is, notwithstanding sections 3 to 5, leviable, 
collectable and payable under this Act in respect of the goods only as follows: 
 (a)  where the whole of the margin of dumping of the goods is, in the opinion of the 
Commissioner, attributable to the export s ubsidy, no anti-dumping duty is leviable, 
collectable or payable on the imported goods; and 
 
(b)  where a portion only of the margin of dumping of the imported goods is, in the 
opinion of the Commissioner, attributable to the export subsidy, an anti-dumping duty 
is leviable, collectable and payable on th e imported goods only in an amount equal to 
that portion of the margin of dumping of the goods that is not, in the opinion of the Commissioner, attributable to the export subsidy. 
 R.S., 1985, c. S-15, s. 10; 1999, c. 17, s. 183.  
Duty payable by importer in Canada 
 
11.  The importer in Canada of any goods impor ted into Canada in respect of which duty, 
other than provisional duty, is payable shall, not withstanding any security posted pursuant to section 8 
or 13.2, pay or cause to be paid all such duties on the goods.  R.S., 1985, c. S-15, s. 11; R.S., 1985, c. 1 (2nd Supp.), s. 199; 1994, c. 47, s. 150; 1999, c. 17, s. 183; 
2001, c. 25, s. 93. 
 
Return of duty where order or finding set aside or rescinded 
 
12. (1)  Where, pursuant to an application for judicial review under the Federal Courts Act  or 
section 96.1 of this Act or a review under Part I.1 or  II of this Act, an order or finding described in 
any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 26 
 
 goods, and where all proceedings under this Act respecting the dumping or subsidizing of all or any of 
the goods to which the order or finding applies or all or any of those particular goods, as the case may 
be, are subsequently terminated as described in secti on 47, any duty paid under this Act pursuant to 
the order or finding by or on behalf of an impor ter on imported goods that are of the same description 
as goods with respect to which such proceedings are so terminated shall be returned to the importer 
forthwith after the proceedings are so terminated.  
Return of part of duty where order or finding set aside or rescinded 
 
(1.1)  Where, pursuant to an application under the Federal Courts Act  or section 96.1 of this 
Act or a review under Part I.1 or II of this Act, an  order or finding described in any of sections 3 to 6 
is set aside or rescinded or is set aside or rescinde d in relation to particul ar goods and another such 
order or finding is made with respect to all or any of the goods to which the order or finding applies or 
all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the 
first-mentioned order or finding by or  on behalf of an importer shall, except to the extent of any duty 
payable by the importer as a consequence of the ot her order or finding, be returned to the importer 
without delay after the other order or finding is made. 
 
Return of duty 
 
(2)  If the Commissioner is satisfied that, becau se of a clerical or arithmetical error, an 
amount has been paid as duty in respect of goods that was not properly payable, the Commissioner shall return that amount to the importer or owne r of the goods by or on whose behalf it was paid. 
 
Idem  
 
(3)  Where, in relation to the importation of any goods and as a consequence of the 
operation of any provision  of this Act, duty is paid or security posted by or on behalf of a person who, 
at the time the duty is paid or security posted, is c onsidered by the Commissioner to be the importer in 
Canada of the goods and it is sub sequently ruled by the Tribunal that the person was not the importer 
in Canada of the goods, the duty so paid or security so posted shall be returned to the person forthwith 
after the Tribunal's ruling is made. 
 R.S., 1985, c. S-15, s. 12; 1988, c. 65, s. 29; 1990, c. 8, s. 70; 1993, c. 44, s. 207; 1999, c. 12, s. 5, c. 17, ss. 183, 184; 2002, c. 8, ss. 169(E), 182.  
Where Tribunal makes new order or finding 
 
13.  Where, pursuant to subsection 91(3), the Tribunal rescinds an order or finding with 
respect to goods and makes another order or finding with respect to the goods,  
(a)  the other order or finding shall be deemed , for the purposes of this Act, to have been 
made on the date that the order or finding so rescinded was made; and 
 
(b)  any duty paid by or on behalf of any pe rson as a consequence of the order or finding 
so rescinded shall, except to the extent of any duty payable by the person as a 
consequence of the other order or finding, be returned to the person forthwith after 
the other order or finding is in fact made. 
 
1984, c. 25, s. 13. 
 
13.1  [Repealed, 2001, c. 25, s. 94] 
   G/ADP/N/1/CAN/4 
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Expedited Review of Normal Value, Export Price or Amount of Subsidy 
 
Request for review 
 
13.2 (1) An exporter to Canada or producer of an y goods to which an order or finding referred 
to in section 3 applies may request that the Commi ssioner review the normal value, export price or 
amount of subsidy in relation to those goods if the exporter or producer 
 
(a)  establishes that they are not associated w ith any exporter who is in the same country 
as the goods that are subject to the order or finding and who had been given notice 
under subparagraph 34(1)( a)(i); and 
 
(b)  has not 
 
(i)  been given notice under subparagraph 34(1)( a)(i), paragraph 38(3)( a) or 
subsection 41(3) in respect of the goods, or 
 
(ii)  been requested to provide informati on in relation to those goods or in relation 
to any goods that are of the same description as those goods for the purposes 
of this Act. 
 
Form of request 
 
(2)  A request under subsection (1) shall be made in the prescribed manner and form and 
shall contain the prescribed information. 
 
Review 
 
(3)  Where the Commissioner receives a requ est under subsection (1), the Commissioner 
shall initiate a review, on an expedited basis, of th e normal value, export price or amount of subsidy, 
as the case may be, and shall, on completion of the revi ew, either confirm or amend the value, price or 
amount.  
Posting of security 
 
(4)  An importer of goods that are of the sa me description as any goods to which a review 
under subsection (3) applies and that are released duri ng the period beginning on the day the review is 
initiated and ending on the day on which the Commissi oner completes the review shall, within the 
time prescribed under the Customs Act  for the payment of duties, post, or cause to be posted, security 
in the prescribed manner and form and in an amount, or  of a value, equal to the margin of dumping of, 
or amount of subsidy on, the goods. 
 
Confirmation, etc., deemed to be a re-determination 
 
(5)  A confirmation or amendment of a normal  value, export price or amount of subsidy 
under subsection (3) is, for the purposes of paragraph 57( b), deemed to be a re-determination of a 
normal value, export price or amount of subsidy, as the case may be, by a designated officer referred 
to in that paragraph. 
 1994, c. 47, s. 151; 1999, c. 12, s. 6, c. 17, ss. 183, 184; 2001, c. 25, s. 95.   G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 28 
 
 
Exemption from Application of Act 
 
Exemption of goods from application of Act 
 
14. (1) The Governor in Council may, on the recommendation of the Minister of Finance, 
make regulations exempting any goods or class of goods from the application of this Act. 
 
Exemption of goods of Chile from application of Act 
 
(2)  The Governor in Council may, on the recommendation of the Minister of Finance, 
make regulations exempting any goods or class of go ods of Chile from the application of this Act or 
any of its provisions. The exemption may be in respect of the dumping of those goods or that class.  
Duration and conditions 
 
(3)  Regulations made under subsection (2) may specify the period during which the 
exemption applies and make it subject to conditions. 
R.S., 1985, c. S-15, s. 14; 1997, c. 14, s. 89.   
NORMAL VALUE, EXPORT PRICE, MARGIN OF DUMPING AND AMOUNT OF SUBSIDY 
 
Normal Value 
 
Determination of normal value of goods 
 
15.  Subject to sections 19 and 20, where goods are sold to an importer in Canada, the 
normal value of the goods is the price of like goods when they are sold by the exporter of the first mentioned goods  
(a)  to purchasers 
 
(i)  with whom the exporter is not associat ed at the time of the sale of the like 
goods, and 
 (ii)  who are at the same or substantia lly the same trade level as the importer, 
 
(b)  in the same or substantially the same  quantities as the sale of goods to the importer, 
 (c)  in the ordinary course of trade for use in the country of export under competitive 
conditions, 
 
(d)  during such period of sixty days that ends in the interval commencing with the first 
day of the year preceding the date of the sale of the goods to the importer and ending 
on the fifty-ninth day after such date as is  selected by the Commissioner or, where, in 
the opinion of the Commissioner, the nature of  the trade in those goods or the fact 
that they are sold to the importer for futu re delivery requires that sales of like goods 
by the exporter during a period other than a period of sixty days that ends in that 
interval be taken into account, during such period of sixty days or longer 
 
(i)  that precedes the date of the sale of the goods to the importer, or   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 29 
 
 
(ii)  where the goods are sold to the impor ter for future delivery, that precedes the 
date of the sale of the goods to the im porter or within the year that precedes 
the date of the delivery of the goods to the importer 
 
as the Commissioner specifies for those goods or for goods of the class to which those goods 
belong, and 
 
(e)  at the place from which the goods were sh ipped directly to Canada or, if the goods 
have not been shipped to Canada, at  the place from which the goods would be 
shipped directly to Canada unde r normal conditions of trade, 
 adjusted in the prescribed manner and circumstances to reflect the differences in terms and conditions 
of sale, in taxation and other differences relating to price comparability between the goods sold to the 
importer and the like goods sold by the exporter. 
R.S., 1985, c. S-15, s. 15; 1999, c. 17, s. 183. 
 
Rules applied in determining normal value 
 
16. (1)  In the application of section 15 in the case of any goods, 
 
(a)  if there was not, in the opinion of the Commissioner, such a number of sales of like 
goods made by the exporter at the place described in paragraph 15( e) as to permit a 
proper comparison with the sale of the goods to the importer in Canada, but sales of 
like goods were made by the exporter at one  other place or several other places in the 
country of export, there shall, for the purpose of making that comparison, be included with sales of like goods made by the expor ter at the place described in paragraph 
15(e) sales of like goods made by the exporter at that one other place or at the nearest 
of the several other places to the place described in paragraph 15( e), as the case may 
be; 
 
(b)  if there was not, in the opinion of the Commissioner, such a number of sales of like 
goods made by the exporter to purch asers described in subparagraph 15( a)(i) who are 
at the same or substantially the same trad e level as the importer in Canada as to 
permit a proper comparison with the sale of goods to the importer, but there was such 
a number of sales of like goods made to purchasers described in subparagraph 15(a)(i) who are at the trade level nearest and su bsequent to that of the importer, there 
shall be substituted for the purch asers described in paragraph 15( a) purchasers 
described in subparagraph 15( a)(i) who are at the trade level nearest and subsequent 
to that of the importer; 
 
(c)  if by reason of the fact that 
 
(i)  the sales of like goods made by th e exporter were solely or primarily for 
export, or 
 
(ii)  the sales of like goods made by the exporter during the period that is 
applicable by reason of paragraph 15( d) were solely or primarily to 
purchasers who at any time during that period were not purchasers described in subparagraph 15( a)(i), 
 
there was not, in the opinion of the Commissioner, su ch a number of sales of like goods made by the 
exporter as to permit a proper comparison with the sal e of the goods to the importer in Canada, but 
there were sales of like goods for use in the country of export by other vendors, such one or more of G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 30 
 
 any of those vendors that the Commissioner may speci fy shall be deemed to be the exporter for the 
purpose of determining the normal value of th e goods sold to the importer in Canada; 
 
(d)  if the quantity of goods sold to the im porter in Canada is larger than the largest 
quantity of like goods sold by the exporter for use in the country of export, the sales 
of like goods shall be those sales of like goods that are in the largest quantity sold by 
the exporter for such use; and 
 
(e)  if the quantity of goods sold to the impor ter in Canada is smaller than the smallest 
quantity of like goods sold by the exporter for use in the country of export, the sales 
of like goods shall be those sales of like goods that are in the smallest quantity sold by the exporter for such use. 
 
Idem 
 
(2)  In determining the normal value of a ny goods under section 15, there shall not be 
taken into account 
 
(a)  any sale of like goods for use in the country of export by a vendor to a purchaser if 
the vendor did not, at the same or substan tially the same time, sell like goods in the 
ordinary course of trade to other persons in  the country of export at the same trade 
level as, and not associated with, the purchaser; and 
 
(b)  any sale of like goods by the exporter within a period, determined by the 
Commissioner, of not less than six months, where 
 
(i)  the sale is made at a price that is less than the cost of the goods, 
 
(ii)  either  
(A)  the sale is of a volume that, or is one of a number of sales referred to 
in subparagraph (i) the total volume of which, is not less than twenty per cent of the total volume of like goods sold during that period, or 
 
(B)  the average selling price of like goods sold by the exporter during 
that period is less than the aver age cost of those like goods, and 
 
(iii)  the sale is made at a price per unit th at is not greater than the average cost of 
all like goods sold during that period. 
 
Meaning of "cost" 
 
(3)  For the purposes of paragraph (2)( b), "cost" means, in relation to goods, the cost of 
production of the goods and the administrative, selli ng and all other costs with respect to the goods. 
R.S., 1985, c. S-15, s. 16; 1994, c. 47, s. 153; 1999, c. 17, s. 183. 
 
Price of like goods 
 
17.  In determining the normal value of any goods under section 15, the price of like 
goods when sold by the exporter to purchasers dur ing the period referre d to in paragraph 15( d) in a 
sale or sales that comply with the terms and cond itions referred to in secti on 15 or with those terms 
and conditions that apply by virtue of subsection 16(1) is, at the option of the Commissioner in any 
case or class of cases, except a case or class of cases to which subsection 30.2(3) applies, 
  G/ADP/N/1/CAN/4 
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(a)  the weighted average of the prices at wh ich like goods were sold  by the exporter to 
purchasers during that period; or 
 (b)  the price at which like good s were sold by the exporter in any sale during that period 
where, in the opinion of the Commissioner, the price is representative of the prices at 
which like goods were sold during that period. 
 
R.S., 1985, c. S-15, s. 17; 1994, c. 47, s. 154; 1999, c. 17, s. 183.  
Goods deemed to be like goods 
 
18.  Where goods imported into Canada and goods  sold for use in the country of export 
are like goods except only that the goods sold for such  use have applied to them a trade-mark, as 
defined in the Trade-marks Act , that is not applied to the goods imported into Canada, and goods like 
the goods imported are not sold for use in the c ountry of export, the goods imported and the goods 
sold for such use shall be deemed to be like goods for the purposes of this sec tion if, in the opinion of 
the Commissioner, 
 
(a) the goods are being imported into Canada w ithout that trade-mark applied to them in 
order to avoid the operation of section 15; and 
 (b)  it is probable that there will be applie d to the goods, subsequent to their importation 
into Canada, that trade-mark or any other mark so closely resembling that trade-mark 
that it is likely to be taken therefor. 
 R.S., 1985, c. S-15, s. 18; 1999, c. 17, s. 183.  
Where normal value cannot be determined under section 15 
 
19.  Subject to section 20, where the normal value of any goods cannot be determined 
under section 15 by reason that there was not, in the opinion of the Commissioner, such a number of 
sales of like goods that comply with all the terms an d conditions referred to in that section or that are 
applicable by virtue of subsecti on 16(1) as to permit a proper compar ison with the sale of the goods to 
the importer, the normal value of the goods shall be  determined, at the option of the Commissioner in 
any case or class of cases, as 
 
(a)  such price of like goods when sold by th e exporter to importers in any country other 
than Canada during the period referred to in paragraph 15( d) as, in the opinion of the 
Commissioner, fairly reflects the market valu e of the goods at the time of the sale of 
the goods to the importer in Canada, ad justed in the prescribed manner and 
circumstances to reflect the differences in  terms and conditions of sale, in taxation 
and other differences relating to price comparability between the goods sold to the importer in Canada and the like goods sold by  the exporter to importers in the country 
other than Canada; or 
 
(b)  the aggregate of 
 
(i) the cost of production of the goods,  (ii)  a reasonable amount for administrative, selling and all other costs, and  
(iii)  a reasonable amount for profits. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 32 
 
 R.S., 1985, c. S-15, s. 19; 1994, c. 47, s. 155; 1999, c. 17, s. 183.  
Normal value where export monopoly 
 
20. (1)  Where goods sold to an importer in Canada are shipped directly to Canada 
 
(a)  from a prescribed country where, in the opinion of the Commissioner, domestic 
prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if 
they were determined in a competitive market, or 
 
(b)  from any other country where, in the opinion of the Commissioner, 
 
(i)  the government of that country has a monopoly or substantial monopoly of its 
export trade, and 
 
(ii)  domestic prices are substantially determined by the government of that 
country and there is sufficient reason to believe that they are not substantially 
the same as they would be if they were determined in a competitive market, 
 the normal value of the goods is  
(c)  where like goods are sold by producers in  any country other than Canada designated 
by the Commissioner for u se in that country, 
 
(i)  the price of the like goods at the time of the sale of the goods to the importer 
in Canada, adjusted in the prescribed manner and circumstances to reflect the 
differences in terms and conditions of sal e, in taxation and other differences 
relating to price comparability between the goods sold to the importer in Canada and the like goods sold by producers in the country other than Canada designated by the Commissioner for use in that country, or 
 (ii)  the aggregate of 
 
(A)  the cost of production of the like goods,  (B)  a reasonable amount for administrative, selling and all other costs, 
and 
 
(C)  a reasonable amount for profits,  
whichever of the price or aggregate the Co mmissioner designates for any case or class of 
cases; or 
 
(d)  where, in the opinion of the Commissi oner, sufficient information has not been 
furnished or is not available to enable the normal value of the goods to be determined 
as provided in paragraph ( c), the price of like goods 
 
(i)  produced in any country designated by the Commissioner, other than Canada 
or the country from which the goods we re shipped directly to Canada, and 
  G/ADP/N/1/CAN/4 
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 Page 33 
 
 
(ii)  imported into Canada and sold by  the importer thereof in the condition in 
which they were imported to a person with whom, at the time of the sale, the importer was not associated, 
 
such price to be adjusted in the prescribed ma nner and circumstances to reflect the differences 
in terms and conditions of sale, in taxati on and other differences  relating to price 
comparability between the goods sold to the im porter and the imported like goods in relation 
to their sale by the importer thereof. 
 
Limitation 
 
(2)  The Commissioner may not designate a country under paragraph (1)( d) if 
 (a)  the like goods of that country are also the subject of investigation under this Act, 
unless the Commissioner is of the opinion th at those goods are not dumped goods; or 
 
(b) in the opinion of the Commissioner, the pr ice of the like goods imported into Canada 
has been significantly influenced by a country described in paragraphs (1)( a) and ( b). 
 
R.S., 1985, c. S-15, s. 20; 1994, c. 47, s. 156; 1999, c. 12, s. 7, c. 17, ss. 183, 184; 2002, c. 19, s. 16.  
Credit sales of like goods 
 
21. (1) Where any sale of like goods referred to in section 17, paragraph 19( a), subparagraph 
20(1)( c)(i) or paragraph 20(1)( d) was made on credit terms other than cash discounts, the price for 
which the like goods were sold is deemed, for the pur pose of that provision, to be an amount equal to 
the quotient obtained when  
(a)  the aggregate of the present value of every payment of principal or interest, or of 
principal and interest, provided for by any agreement entered into with respect to the 
sale, determined 
 
(i)  as of the time of the sale, and  
(ii)  by reference to a discount rate equal to 
 
(A)  the interest rate prevailing in  the country in which the goods were 
sold, at the time of the sale, for commercial loans available in that 
country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to 
the credit terms on which the sale of the like goods was made, or 
 
(B)  where it is not possible to ascertain the interest rate referred to in 
clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations ma de pursuant to paragraph 97( i), 
 
is divided by  
(b)  the number or quantity of the like goods sold,  so as to arrive at a unit price for the like goods sold. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 34 
 
 
Adjustment of unit price 
 
(1.1)  The unit price arrived at under subsecti on (1) shall be adjusted in the prescribed 
manner and circumstances to reflect the differences in terms and conditions of  sale, taxation and other 
matters that relate to price comparability between the goods sold to the importer in Canada and the 
like goods sold. 
 
Where agreement relates to several goods 
 
(2)  For the purpose of paragraph (1)( a), where an agreement with respect to the sale of 
like goods also relates to the sale of other goods, only such portion of the present value of any payment of principal or interest, or of principa l and interest, provided for by the agreement as is 
reasonably attributable to the like goods shall be in cluded in determining the aggregate referred to in 
that paragraph.  
R.S., 1985, c. S-15, s. 21; 1999, c. 12, s. 8. 
 
Purchasers to be regarded as one 
 
22.  For the purpose of section 15, where two or more purchasers are persons associated 
with each other during the period that, by  reason of the operation of paragraph 15( d), is relevant for 
the purpose of that section, those purchaser s shall be regarded as a single purchaser. 
 
1984, c. 25, s. 22.  
Where exporter provides benefit on resale in country of export 
 
23.  Where, by reason of any provision of section 17, 19 or 20, the normal value of goods 
sold to an importer in Canada is required to be determined by reference to the price of like goods sold 
by the exporter of the first mentioned goods a nd the exporter agrees with persons who purchase the 
like goods from him in the country of export of the goods sold to the importer in Canada to provide, 
directly or indirectly, to persons who pu rchase the like goods in the country of export 
 
(a)  on resale from the persons with whom such an agreement is made, or 
 
(b)  from any person on any subsequent resale,  
any benefit by way of rebate, service, other goods or otherwise, the normal value for the purposes of 
this Act of the goods sold to the importer in Canada  is the normal value as determined pursuant to that 
provision minus an amount to reflect the value of  the benefit to persons who purchase the like goods 
on resale. 
 1984, c. 25, s. 23.  
Costs during start-up period 
 
23.1  Where, in calculating the normal valu e of any goods, the investigation period 
includes a start-up period of production, the cost of production of the goods and the administrative, 
selling and all other costs with respect to the goods  for that start-up period of production shall be 
determined in the prescribed manner.  1994, c. 47, s. 157.   G/ADP/N/1/CAN/4 
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 Page 35 
 
 
Export Price 
 
Determination of export price of goods 
 
24.  The export price of goods sold to an importer in Canada, notwithstanding any invoice 
or affidavit to the contrary, is an amount equal to the lesser of 
 
(a)  the exporter's sale price for the goods, adjusted by deducting therefrom  
(i)  the costs, charges and expenses incu rred in preparing the goods for shipment 
to Canada that are additional to tho se costs, charges and expenses generally 
incurred on sales of like goods for use in the country of export, 
 
(ii)  any duty or tax imposed on the goods by or pursuant to a law of Canada or of 
a province, to the extent that the duty or tax is paid by or on behalf or at the request of the exporter, and 
 
(iii)  all other costs, charges and expenses resulting from the exportation of the 
goods, or arising from their shipment, from the place described in paragraph 15(e) or the place substituted therefor  by virtue of paragraph 16(1)( a), and 
 
(b)  the price at which the importer has purchased or agreed to purchase the goods, 
adjusted by deducting therefrom all costs, charges, expenses, duties and taxes 
described in subparagraphs ( a)(i) to (iii). 
 1984, c. 25, s. 24.  
Special rules to determine export price 
 
25. (1)  Where, in respect of goods sold to an importer in Canada, 
 (a)  there is no exporter's sale price or no price at which the importer in Canada has 
purchased or agreed to purchase the goods, or 
 
(b)  the Commissioner is of the opinion that  the export price, as determined under section 
24, is unreliable 
 
(i)  by reason that the sale of the goods for export to Canada was a sale between 
associated persons, or 
 
(ii)  by reason of a compensatory arrangement, made between any two or more of 
the following, namely, the manufacturer, producer, vendor, exporter, importer in Canada, subsequent purchaser and any other person, that directly or 
indirectly affects or relates to 
 
(A)  the price of the goods, 
 (B)  the sale of the goods,  (C)  the net return to the manufactur er, producer, vendor or exporter of 
the goods, or 
 
(D)  the net cost to the importer of the goods, G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 36 
 
 
 
the export price of the goods is 
 
(c)  if the goods were sold by the importer in the condition in which they were or are to be 
imported to a person with whom, at the time of the sale, he was not associated, the 
price for which the goods were so sold less an amount equal to the aggregate of 
 
(i)  all costs, including duties imposed by virtue of this Act or the Customs Tariff  
and taxes, 
 
(A)  incurred on or after the importa tion of the goods and on or before 
their sale by the importer, or 
 (B)  resulting from their sale by the importer, 
 
(ii)  an amount for profit by the importer on the sale,  (iii)  the costs, charges and expenses in curred by the exporter, importer or any 
other person in preparing the goods for shipment to Canada that are additional to those costs, charges and expenses generally incurred on sales of 
like goods for use in the country of export, and 
 
(iv)  all other costs, charges and expenses incurred by the exporter, importer or 
any other person resulting from the e xportation of the imported goods, or 
arising from their shipment, from the place described in paragraph 15( e) or 
the place substituted therefor by virtue of paragraph 16(1)( a), 
 
(d)  if the goods are imported for the purpo se of assembly, packaging or other further 
manufacture in Canada or for incorpora tion into other goods in the course of 
manufacture or production in Canada, the pr ice of the goods as assembled, packaged 
or otherwise further manufactured, or of  the goods into which the imported goods 
have been incorporated, when sold to  a person with whom the vendor is not 
associated at the time of the sale, less an amount equal to the aggregate of 
 
(i)  an amount for profit on the sale of the assembled, packaged or otherwise 
further manufactured goods or of the goods into which the imported goods 
have been incorporated, 
 (ii)  the administrative, selling and all other costs incurred in selling the goods 
described in subparagraph (i), 
 
(iii)  the costs that are attributable or  in any manner related to the assembly, 
packaging or other further manufacture or to the manufacture or production 
of the goods into which the imported goods have been incorporated, 
(iv)  the costs, charges and expenses in curred by the exporter, importer or any 
other person in preparing the imported goods  for shipment to Canada that are 
additional to those costs, charges and expenses generally incurred on sales of 
like goods for use in the country of export, and 
 (v)  all other costs, charges and expenses,  including duties imposed by virtue of 
this Act or the Customs Tariff  and taxes, 
  G/ADP/N/1/CAN/4 
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 Page 37 
 
 
(A)  resulting from the exportation of the imported goods, or arising from 
their shipment, from the place described in paragraph 15( e) or the 
place substituted therefor by virtue of paragraph 16(1)( a) that are 
incurred by the exporter, importer or any other person, or 
 
(B)  incurred on or after the importa tion of the imported goods and on or 
before the sale of the goods as as sembled, packaged or otherwise 
further manufactured or of the goods into which the imported goods have been incorporated, or 
 
(e)  in any cases not provided for by paragraphs ( c) and ( d), the price determined in such 
manner as the Minister specifies. 
 
No deduction 
 
(2)  No deduction for duties imposed by virtue of this Act may be made under 
 
(a)  subparagraph (1)( c)(i), in the case of an export price determined under paragraph 
(1)(c), or 
 (b)  subparagraph (1)( d)(v), in the case of an export price determined under paragraph 
(1)(d), 
 
where, in the opinion of the Commissioner, the export price determined under either of those 
paragraphs without making such a de duction is equal to or greater than the normal value of the goods. 
 R.S., 1985, c. S-15, s. 25; 1994, c. 47, s. 158; 1999, c. 17, s. 183. 
 
Export price where agreemen t affects anti-dumping duty 
 
26.  Where the manufacturer, producer, vendor or exporter of goods sold to an importer in 
Canada undertakes, directly or indirectly in any ma nner whatever, to indemnify, pay on behalf of or 
reimburse the importer or purchaser in Canada of th e goods for all or any part of the anti-dumping 
duty that may be levied on the goods,  
(a)  the indemnity, payment or reimbursement is deemed not to be a compensatory 
arrangement referred to in subparagraph 25(1)( b)(ii); and 
 (b)  the export price of the goods is the e xport price thereof as otherwise determined 
under this Act minus the amount of the indemnity, payment or reimbursement. 
 R.S., 1985, c. S-15, s. 26; 1999, c. 12, s. 9. 
 
Credit sales of goods sold to importer in Canada 
 
27. (1)  For the purposes of sections 24 and 25, where any sale of goods referred to in those 
sections was made on credit terms other than cash di scounts, the sale price for the goods is deemed to 
be an amount equal to the quotient obtained when  
(a)  the aggregate of the present value of every payment of principal or interest, or of 
principal and interest, provided for by any agreement entered into with respect to the 
sale, determined 
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G/SCM/N/1/CAN/4 Page 38 
 
 
(i)  as of the time of the sale, and  (ii)  by reference to a discount rate equal to  
(A)  the interest rate prevailing, at the time of the sale, in the country in 
which the vendor is located for comm ercial loans available in that 
country in the currency in which the payments are expressed in the agreement and on terms, other than the interest rate, comparable to the credit terms on which the sale of the goods was made, or 
 
(B)  where it is not possible to ascertain the interest rate referred to in 
clause (A) or there is no such interest rate, the interest rate selected as provided for by regulations ma de pursuant to paragraph 97( j), 
is divided by 
 
(b)  the number or quantity of the goods sold, 
 
so as to arrive at a unit price for the goods sold.  
Adjustment of unit price 
 
(1.1) The unit price arrived at under subsection (1 ) shall be adjusted in  the prescribed manner 
and circumstances.  
Where agreement relates to several goods 
 
(2)  For the purpose of paragraph (1)( a), where an agreement with respect to the sale of 
goods referred to in section 24 or 25 also relates to  the sale of other goods, only such portion of the 
present value of any payment of principal or interest , or of principal and interest, provided for by the 
agreement as is reasonably attributable to the goods referred to in section 24 or 25, as the case may be, 
shall be included in determining the aggr egate referred to in that paragraph. 
 
R.S., 1985, c. S-15, s. 27; 1999, c. 12, s. 10.  
Where exporter provides bene fit on resale in Canada 
 
28.  For the purposes of sections 24 and 25, where the exporter of goods sold to an 
importer in Canada agrees with the importer to pr ovide, directly or indirectly, to persons who 
purchase the goods in Canada 
(a)  on resale from the importer, or 
 (b)  from any person on any subsequent resale, 
 
any benefit by way of rebate, service, other goods or  otherwise, the export price of the goods is the 
export price as otherwise determined under this Act,  after subtracting therefrom any amount that is 
required to be subtracted under section 26, minus an  amount to reflect the value of the benefit to 
persons who purchase the goods on resale.  1984, c. 25, s. 28. 
 
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Normal Value and Export Price 
 
Normal value and export price where information not available 
 
29. (1)  Where, in the opinion of the Commi ssioner, sufficient information has not been 
furnished or is not available to enable the determin ation of normal value or export price as provided in 
sections 15 to 28, the normal value or export price,  as the case may be, shall be determined in such 
manner as the Minister specifies.  
Consignment shipments 
 
(2)  Where goods are or are to be shipped to Canada on consignment and there is no 
known purchaser in Canada of the goods, the normal value and export price of the goods shall be 
determined in such manner as the Minister specifies. 
 R.S., 1985, c. S-15, s. 29; 1999, c. 17, s. 183.  
Normal value and export price where goods e xported to Canada through another country 
 
30. (1)  Where goods are exported to Canada from one country but pass in transit through 
another country, the normal value and export price of the goods shall, subject to such terms and 
conditions as to shipment, documentation, warehousing, transhipment or the like as are prescribed, be 
determined as if the goods were shipped direc tly to Canada from the first mentioned country. 
 
Normal value and export price where goods shipped indirectly to Canada 
 
(2)  Where any goods 
 
(a)  are or are to be shipped indirectly to Canada from the country of origin through one 
or more other countries, and 
 
(b)  would, but for this section, have a norm al value as computed under sections 15 to 23 
or section 29 that is less than the normal valu e would be if the country of export were 
the country of origin, 
 the normal value and export price of the goods shall,  notwithstanding any other provision of this Act, 
be determined as if the goods were or were to be shipped directly  to Canada from the country of 
origin. 
R.S., 1985, c. S-15, s. 30; 1999, c. 12, s. 11. 
  
Margin of Dumping 
 
Determination of margin of dumping in respect of a country 
 
30.1 For the purposes of subparagraphs 35(1)( a)(ii), 38(1)( a)(i) and 41(1)( a)(ii) and 
paragraphs 41.1(1)( a) and (2)( a), the margin of dumping in relation to goods of a particular country is 
the weighted average of the margins of dumpi ng determined in accordance with section 30.2. 
 1994, c. 47, s. 159; 1999, c. 12, s. 12.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 40 
 
 
Margin of dumping re goods of an exporter 
 
30.2 (1)  Subject to subsection (2), the margin of dumping in relation to any goods of a 
particular exporter is zero or the amount determined  by subtracting the weighted average export price 
of the goods from the weighted average norma l value of the goods, whichever is greater. 
 
If variation in price 
 
(2)  The Commissioner may determine the margin of dumping in relation to any goods of 
a particular exporter to be the weighted average of  the margins of dumping in relation to the goods of 
that exporter that are sold in any individual sal es of goods of that exporter that the Commissioner 
considers relevant if, in the opinion of the Commissi oner, there are significant variations in the prices 
of goods of that exporter among purchasers,  regions in Canada or time periods. 
 
Price of like goods 
 
(3)  Where subsection (2) applies and any of  the normal values used to determine the 
margins of dumping in relation to goods sold in  individual sales are determined in accordance with 
section 15, the price of like goods used to determ ine those normal values is the weighted average, 
determined in accordance with paragraph 17( a), of the prices at which the like goods were sold. 
 
1994, c. 47, s. 159; 1999, c. 12, s. 13(E), c. 17, ss. 183, 184.  
Margin of dumping based on sample 
 
30.3 (1) The Commissioner may, if the Commissioner is of the opinion that it would be 
impracticable to determine a margin of dumping in relation to all goods under consideration because 
of the number of exporters, producers or importers , the variety or volume of goods or any other 
reason, determine margins of dumping in relation to  
(a)  the largest percentage of goods of  each of the countries whose goods are under 
consideration that, in the opinion of  the Commissioner, can reasonably be 
investigated; or 
 
(b)  samples of the goods of each of the countries whose goods are under consideration 
that, in the opinion of the Commissioner based on the information available at the 
time of selection, are statistically valid. 
 
Where information submitted 
 
(2)  Where subsection (1) applies, the Commissioner shall determine a margin of 
dumping in relation to any goods under consideration that were not included in the percentage or 
sample, as the case may be, referred to in that subsection where  
(a)  the exporter of the goods submits info rmation for the purpose of determining a 
margin of dumping; and 
 
(b)  in the opinion of the Commissioner, it is practicable to do so. 
 
Other cases 
 
(3)  Where subsection (1) applies with respect to goods under consideration, the margin of 
dumping in relation to those goods that were not incl uded in the percentage or sample and those goods 
for which a margin of dumping was not determin ed in accordance with subsection (2) shall be 
determined in the prescribed manner.  G/ADP/N/1/CAN/4 
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  1994, c. 47, s. 159; 1999, c. 12, s. 14, c. 17, ss. 183, 184.   
Amount of Subsidy 
 
Amount of subsidy 
 
30.4 (1) Subject to subsections (2) and (3), the amount of subsidy in relation to any goods 
shall be determined in the prescribed manner.  
Where no prescribed manner 
 
(2)  Where no manner of determining an amount of subsidy has been prescribed or, in the 
opinion of the Commissioner, sufficient informa tion has not been provided or is not otherwise 
available to enable the determination of the amount  of subsidy in the prescribed manner, the amount 
of subsidy shall, subject to subsection (3), be de termined in such manner as the Minister may specify. 
 
Exception 
 
(3)  An amount of subsidy shall not include any amount that is attributable to a non-
actionable subsidy.  1994, c. 47, s. 159; 1999, c. 17, s. 183.  
 
PROCEDURE IN DUMPING AND SUBSIDY INVESTIGATIONS 
 
Commencement of Investigation 
 
Initiation of investigation 
 
31. (1) The Commissioner shall cause an investig ation to be initiated respecting the dumping 
or subsidizing of any goods and whether there is  a reasonable indication that such dumping or 
subsidizing has caused injury or retardation or is threatening to cause injury, forthwith on the 
Commissioner's own initiative or, subject to sub section (2), where the Commissioner receives a 
written complaint respecting the dumping or subsidizing of the goods, within thirty days after the date 
on which written notice is given by or on behalf of the Commissioner to the complainant that the 
complaint is properly documented, if the Commissi oner is of the opinion that there is evidence 
 
(a)  that the goods have been dumped or subsidized; and 
 (b)  that discloses a reasonable indication th at the dumping or subsidizing has caused 
injury or retardation or is threatening to cause injury. 
 
Standing 
 
(2)  No investigation may be initiated unde r subsection (1) as a result of a complaint 
unless  
(a)  the complaint is supported by domestic  producers whose production represents more 
than fifty per cent of the total production of like goods by those domestic producers who express either support for or opposition to the complaint; and 
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(b)  the production of the domestic produ cers who support the complaint represents 
twenty-five per cent or more of the total production of like goods by the domestic industry. 
 
Meaning of "domestic producers" 
 
(2.1)  For the purpose of paragraph (2)( a), if a domestic producer is an importer of, or is 
related to an exporter or importe r of, allegedly dumped or subsidized goods, "domestic producers" 
may, subject to subsection 2(1.1), be interprete d as meaning the rest of those domestic producers. 
 
Meaning of "domestic industry" 
 
(3)  In paragraph (2)( b), domestic industry means, subject to subsection 2(1.1), the 
domestic producers as a whole of the like goods excep t that, if a domestic producer is related to an 
exporter or importer of allegedly dumped or s ubsidized goods, or is an importer of such goods, 
"domestic industry" may be interpreted as me aning the rest of those domestic producers. 
 
Producers related to exporters or importers 
 
(4)  For the purposes of subsections (2.1) and (3), a domestic producer is related to an 
exporter or importer if 
 
(a)  the producer either directly or indirectly controls, or is controlled by, the exporter or 
importer, 
 
(b)  the producer and the exporter or the impor ter, as the case may be, are directly or 
indirectly controlled by a third person, or 
 
(c)  the producer and the exporter or the importer, as the case may be, directly or 
indirectly control a third person, 
 
and there are grounds to believe that the producer behaves differently towards the exporter or importer 
than does a non-related producer.  
Where there is deemed to be control 
 
(5)  For the purposes of subsection (4), a pe rson is deemed to control another person 
where the first person is legally or operationally in a position to exercise restraint or direction over the 
other person. 
 
Extension of thirty day period 
 
(6)  The period of thirty days referred to in subsection (1) is extended to forty-five days 
where, before the expiration of the thirty days, the Commissioner causes written notice to be given to 
the complainant and to the government of the countr y of export that the period of thirty days is 
insufficient to determine whether there is compliance with either or both of the conditions referred to 
in subsection (2) and subsection 31.1(1).  
Initiation of investigation 
 
(7)  The Commissioner may, on receipt of a notice in writing from the Tribunal pursuant 
to section 46 respecting the dumping or subsidizin g of any goods, cause an investigation to be 
initiated respecting the dumping or subsidizi ng of any goods described in the notice. 
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Initiation of investigation 
 
(8)  Where a reference is made to the Tribunal pursuant to subsection 33(2) and the 
Tribunal advises that the evidence discloses a reasonabl e indication that the dumping or subsidizing of 
the goods that are the subject of the reference has cau sed injury or retardation or is threatening to 
cause injury, the Commissioner shall initiate an inv estigation respecting the dumping or subsidizing 
of the goods forthwith after receipt of the advice.  R.S., 1985, c. S-15, s. 31; 1994, c. 47, s. 160; 1999, c. 12, s. 15, c. 17, s. 183.  
No investigation where subsidy notified 
 
31.1 (1) Subject to subsections (2) and (3), the Commissioner may not initiate an 
investigation with respect to a subsidy that has been notified to the Comm ittee, in accordance with 
Article 8.3 of the Subsidies Agreemen t, as being a non-actionable subsidy. 
 
Where determination that subsidy is actionable 
 
(2)  Subject to subsection (3), the Commissioner may initiate an investigation with respect 
to a subsidy referred to in subsection (1) where ther e is a determination that the subsidy is not a non-
actionable subsidy by 
 
(a)  the Committee, as the result of a review of the notification pursuant to a request under 
Article 8.4 of the Subsidies Agreement; or 
 
(b)  an arbitration body as a result of the s ubmission to binding arbitration under Article 
8.5 of the Subsidies Agreement of 
 
(i)  a determination by the Committee that the subsidy is a non-actionable 
subsidy, or 
 
(ii)  the failure of the Committee to make a determination pursuant to a request 
under Article 8.4 of the Subsidies Agreement. 
 
Where redetermination that subsidy is actionable 
 
(3)  The Commissioner may initiate an investig ation with respect to a subsidy that was 
determined, by the Committee or an arbitration body, to be a non-actionable subsidy where the 
Committee or an arbitration body makes a rede termination that the s ubsidy is no longer a non-
actionable subsidy.  
Notification 
 
(4)  The Commissioner shall without delay notify the Deputy Minister of Finance and the 
complainant if the Commissioner is of the opinion that 
 
(a)  a subsidy that was not notified to the Co mmittee in accordance with Article 8.3 of the 
Subsidies Agreement is a non-actionable subsidy; or 
 
(b)  a subsidy that was determined by the Committee or an arbitration body to be a non-
actionable subsidy may, as a result of subs tantial modification to the nature or 
delivery of the subsidy, no longer be a non-actionable subsidy. 
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G/SCM/N/1/CAN/4 Page 44 
 
 
Where Deputy Minister of Finance receives notification 
 
(5)  The Deputy Minister of Finance shall, on receipt of notification under subsection (4), 
notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of  the matters referred to in paragraphs (4)( a) and ( b). 
 1994, c. 47, s. 161; 1999, c. 17, ss. 181, 183. 
 
Where Commissioner receives a complaint 
 
32. (1) Where the Commissioner receives a wr itten complaint respecting the dumping or 
subsidizing of goods, he shall, within twen ty-one days after the receipt thereof, 
 
(a)  where the complaint is properly doc umented, cause the complainant and the 
government of the country of export to be informed in writing that the complaint was received and that it is properly documented; or 
 
(b)  where the complaint is not properly documented, cause the complainant to be 
informed that the complaint was received a nd that additional information and material 
is needed in order for the comp laint to be properly documented. 
 
Additional information and material 
 
(2)  For the purposes of subsection (1), where the Commissioner receives from a 
complainant additional written information or material  in relation to a complaint referred to in that 
subsection with respect to which he has at any time caused the complainant to be informed pursuant to 
paragraph (1)( b), the Commissioner shall, unless, before the receipt of the additional information or 
material, he has caused the complainant to be informed in writing pursuant to paragraph (1)( a) that the 
complaint is properly documented, be deemed to have received, on the day that he received the 
additional written information or material, a comp laint respecting the dumping or subsidizing of 
goods composed of the complaint with respect to which he has caused the complainant to be so 
informed pursuant to paragraph (1)( b) and the additional information or material. 
 
Deemed complaint 
 
(3)  If a written complaint filed with th e Tribunal under subsection 23(1) of the Canadian 
International Trade Tribunal Act  is referred to the Commissioner under subsection 26(4) or 28(1) of 
that Act, the Commissioner is deemed to have received a written complaint described in subsection 
(1).  R.S., 1985, c. S-15, s. 32; R.S., 1985, c. 47 (4th Supp.), s. 52; 1994, c. 47, s. 162; 1999, c. 12, s. 16, c. 17, ss. 183, 184. 
 
Where Commissioner decides not to initiate investigation 
 
33. (1) Where, after receipt of a properly documented complaint respecting the dumping or 
subsidizing of goods, the Commissioner decides, with respect to some or all of the goods specified in 
the complaint, not to cause an investigation to be initiated, the Commissioner shall cause a written 
notice of the decision, setting out the reasons ther efor, to be sent to the complainant and to the 
government of the country of export. 
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Reference to Tribunal 
 
(2)  Where, after receipt of a properly documented complaint respecting the dumping or 
subsidizing of goods, the Commissioner decides, with respect to some or all of the goods specified in 
the complaint, not to cause an investigation to be  initiated by reason only that in the opinion of the 
Commissioner the evidence does not disclose a reasona ble indication that the dumping or subsidizing 
of the goods in respect of which the Commissioner h as so decided has caused injury or retardation or 
is threatening to cause injury, 
 
(a)  the Commissioner may, on the date of th e notice referred to in subsection (1), or 
 
(b)  the complainant may, within thirty days after the date of the notice referred to in 
subsection (1), 
 
refer to the Tribunal the question whether the ev idence discloses a reasonable indication that the 
dumping or subsidizing of the goods in respect of which the Commissioner has so decided has caused 
injury or retardation or is threatening to cause injury.  
R.S., 1985, c. S-15, s. 33; 1994, c. 47, s. 163; 1999, c. 17, s. 183. 
 
Notice of investigation 
 
34. (1)  If the Commissioner causes an investigati on to be initiated respecting the dumping or 
subsidizing of goods, the Commissioner shall  
(a)  in the case of an investigation initiated un der any provision of this Act other than 
section 7, cause notice of the investigation 
 
(i)  to be given to the Secretary, the exporter, the importer, the government of the 
country of export, the complainant, if  any, and any other prescribed persons, 
and 
 
(ii)  to be published in the Canada Gazette ; and 
 
(b)  without delay provide the Tribunal with th e information and material with respect to 
the matter that is required under the Tribunal's rules. 
 
Tribunal to make preliminary inquiry 
 
(2)  The Tribunal shall, without delay afte r receipt by the Secretary under subparagraph 
(1)(a)(i) of a notice of an initiation of an investigatio n, make a preliminary inquiry (which need not 
include an oral hearing) into whether the eviden ce discloses a reasonable indication that the dumping 
or subsidizing of the goods has caused injury or  retardation or is threatening to cause injury. 
 
R.S., 1985, c. S-15, s. 34; 1994, c. 47, s. 164; 1999, c. 12, s. 17, c. 17, ss. 183, 184.  
Termination of inves tigation or inquiry 
 
35. (1) The Commissioner shall act under sub section (2) and the Tribunal shall act under 
subsection (3) if, at any time before the Commi ssioner makes a prelimin ary determination under 
subsection 38(1) in respect of goods of a country or countries,  
(a)  the Commissioner is satisfied in respect  of some or all of those goods that 
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G/SCM/N/1/CAN/4 Page 46 
 
 
(i)  there is insufficient evidence of dumpi ng or subsidizing to justify proceeding 
with the investigation, 
 (ii)  the margin of dumping of, or the amount of subsidy on, the goods of that 
country or of any of those countries is insignificant, or 
 
(iii)  the actual and potential volume of dumped or subsidized goods is negligible; 
or 
 
(b)  the Tribunal comes to the conclusion in resp ect of some or all of those goods that the 
evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardati on or is threatening to cause injury. 
 
Duty of Commissioner 
 
(2)  The Commissioner shall 
 
(a)  cause the investigation to be terminated w ith respect to the goods in respect of which 
the Commissioner is so satisfied or the Tr ibunal has come to that conclusion; and 
 
(b)  cause notice of the termination to be 
 
(i)  given to the Secretary, the exporter, the importer, the government of the 
country of export, the complainant, if  any, and any prescribed persons, and 
 
(ii)  published in the Canada Gazette . 
 
Duty of Tribunal 
 
(3)  The Tribunal shall 
 (a)  cause the preliminary inquiry to be terminat ed with respect to the goods in respect of 
which the Commissioner is so satisfied or the Tribunal has come to that conclusion; and 
 
(b)  cause notice of the termination to be 
 
(i)  given to the Commissioner, the exporter, the importer, the government of the 
country of export, the complainant, if  any, and any prescribed persons, and 
 
(ii)  published in the Canada Gazette . 
 
R.S., 1985, c. S-15, s. 35; 1994, c. 47, s. 165; 1999, c. 12, s. 17, c. 17, ss. 183, 184.  
Termination of inve stigation – Chile 
 
35.1 (1) Immediately after goods of Chile are exem pted from the application of this Act in 
respect of dumping by regulations made under section 14, 
 
(a)  the Commissioner shall cause any inv estigation initiated under section 31 to be 
terminated to the extent that it relates to the dumping of those goods; 
 
(b)  the Tribunal shall cause any preliminary i nquiry initiated under subsection 34(2) to be 
terminated to the extent that it relates to the dumping of those goods; and  G/ADP/N/1/CAN/4 
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 Page 47 
 
  
(c)  all related proceedings are terminated to th e extent that they relate to the dumping of 
those goods. 
 
Notice of termination 
 
(2)  The Commissioner or the Tribunal, as the case may be, shall cause notice of the 
termination 
 
(a)  to be given to the exporter, the importe r, the Government of the Republic of Chile, 
the complainant, if any, and any ot her persons who may be prescribed; and 
 (b)  to be published in the Canada Gazette . 
 
1997, c. 14, s. 90; 1999, c. 12, s. 18, c. 17, ss. 183, 184. 
 
36.  [Repealed, 1999, c. 12, s. 19] 
 
Tribunal to give advice 
 
37.  If a reference is made to the Tribunal under section 33 on any ques tion in relation to 
any matter before the Commissioner,  
(a)  the Commissioner shall forthwith provid e the Tribunal with such information and 
material with respect to the matter as may be  required under the rules of the Tribunal; 
and 
 (b)  the Tribunal shall render its advice on the question 
 
(i)  without holding any hearings thereon,  
(ii)  on the basis of the information th at was before the Commissioner when he 
reached his decision or conclusion on that question, and 
 
(iii)  forthwith after the date on which the reference is made to it and, in any event, 
not later than thirty days after that date. 
 
R.S., 1985, c. S-15, s. 37; 1999, c. 12, s. 20, c. 17, ss. 183, 184.   
Preliminary Determination of Injury or of Dumping or Subsidizing 
 
Preliminary determination of injury 
 
37.1 (1) On or before the sixtieth day after the initiation of an investigation under section 31, 
the Tribunal shall make, with respect to the goods in  respect of which the investigation has not been 
terminated under section 35, a preliminary determ ination that there is evidence that discloses a 
reasonable indication that the dumping or subsid izing has caused injury or retardation or is 
threatening to cause injury. 
 
Notification 
 
(2)  The Tribunal shall cause notice of the preliminary determination to be 
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(a)  given to the Commissioner, the exporter, the importer, the government of the country 
of export, the complainant, if any, and any prescribed persons; and 
 
(b)  published in the Canada Gazette . 
 
1999, c. 12, s. 21, c. 17, s. 184.  
Preliminary determination of dumping or subsidizing 
 
38. (1) Subject to section 39, after the sixtieth  and on or before the ninetieth day after the 
initiation of an investigation under section 31, the Commissioner shall make a preliminary 
determination of dumping or subs idizing with respect to the goods in respect of which the 
investigation has not been terminated under section 35 after estimating and specifying, in relation to 
each exporter of goods in respect of whic h the investigation is made, as follows: 
 
(a)  in the case of dumped goods, 
 
(i)  estimating the margin of dumping of the goods to which the preliminary 
determination applies, using the inform ation available to him at the time the 
estimate is made, and 
 
(ii)  specifying the goods to which the preliminary determination applies; 
 
(b)  in the case of subsidized goods, 
 
(i)  estimating the amount of subsidy on the goods to which the preliminary 
determination applies, using the inform ation available to him at the time the 
estimate is made, 
 
(ii)  specifying the goods to which the preliminary determination applies, and  (iii)  subject to subsection (2), where the whole or any part of the subsidy on the 
goods to which the preliminary determina tion applies is a prohibited subsidy, 
specifying that there is a prohibited subsidy on the goods and estimating the 
amount of the prohibited subsidy thereon; and 
 
(c)  in the case of dumped or subsidized goods , specifying the name of the person the 
Commissioner believes, on the information available to the Commissioner at the time 
the Commissioner makes the estimat e referred to in subparagraph ( a)(i) or ( b)(i), as 
the case may be, is the importer in Canada of the goods. 
 
Exception 
 
(2)  The Commissioner shall not specify or estimate anything pursuant to subparagraph 
(1)(b)(iii) where the Commissioner is of the opinion th at, having regard to the country that is 
providing the export subsidy, the nature of the g oods on which there is an export subsidy and the 
circumstances under which the export subsidy is provid ed, provision of the export subsidy in relation 
to those goods is not inconsistent with that c ountry's obligations under the international agreement 
known as the General Agreement on Tariffs and Trade, 1994.  
Notice of preliminary determination 
 
(3)  Where the Commissioner makes a prelimin ary determination under subsection (1), 
the Commissioner shall  G/ADP/N/1/CAN/4 
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(a)  cause notice of the determination to be given and published as provided in 
paragraph 34(1)( a); and 
 
(b)  cause to be filed with the Secretary writte n notice of the determination, stating the 
reasons therefor, together with such othe r material relating to the determination as 
may be required under the rules of the Tribunal. 
 R.S., 1985, c. S-15, s. 38; 1994, c. 47, ss. 166, 185; 1999, c. 12, s. 22, c. 17, ss. 183, 184. 
 
Time extended 
 
39. (1) If, in any investigation respecting the dumping or subsidizing of goods, the 
Commissioner, before the expiration of the ninety days referred to in subsection 38(1), causes written 
notice to be given to the persons and the government referred to in paragraph 34(1)( a) that by reason 
of 
 
(a)  the complexity or novelty of the issues presented by the investigation, 
(b)  the variety of goods or number of pe rsons involved in the investigation, 
(c)  the difficulty of obtaining satisfactor y evidence in the investigation, or 
(d)  any other circumstance specified in  the notice that, in the opinion of the 
Commissioner, makes it unusually difficult for him to decide within those ninety days 
whether to terminate the investigation with respect to some or all of the goods, 
proceed in accordance with subsecti on 38(1) or accept an undertaking or 
undertakings, 
 
the decision referred to in paragraph ( d) will not be made within those ninety days, the period of 
ninety days referred to in section 38 is there upon extended to one hundred and thirty-five days. 
 
Notice of time extension 
 
(2)  Where the Commissioner causes notice to be  given pursuant to subsection (1), he 
shall cause a notice to the same effect to be published in the Canada Gazette  forthwith. 
 
R.S., 1985, c. S-15, s. 39; 1994, c. 47, s. 186; 1999, c. 12, s. 23, c. 17, ss. 183, 184. 
 
40.  [Repealed, 1999, c. 12, s. 24] 
  
Final Determination 
 
Final determination or termination 
 
41. (1) Within ninety days after making a prel iminary determination under subsection 38(1) in 
respect of goods of a country or countries, the Commissioner shall  
(a)  if, on the available eviden ce, the Commissioner is satisfied, in relation to the goods of 
that country or countries in respect of which the investigation is made, that 
 
(i)  the goods have been dumped or subsidized, and 
 
(ii)  the margin of dumping of, or the amount of subsidy on, the goods of that 
country or of any of those countries is not insignificant, 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 50 
 
 make a final determination of dumpi ng or subsidizing with respect to  the goods after specifying, in 
relation to each exporter of goods of  that country or countries in respect of which the investigation is 
made as follows:  
(iii)  in the case of dumped goods, specifying the goods to which the determination 
applies and the margin of dumping of the goods, and 
 (iv)  in the case of subsidized goods,  
(A)  specifying the goods to which the determination applies, 
 (B)  specifying the amount of subsidy on the goods, and  (C)  subject to subsection (2), where the whole or any part of the subsidy 
on the goods is a prohibited subsidy, specifying the amount of the 
prohibited subsidy on the goods; or 
 
(b)  where, on the available evidence, ther e is no exporter described in paragraph ( a) with 
respect to whom the Commissioner is satisfi ed in accordance with that paragraph, 
cause the investigation to be termin ated with respect to the goods. 
 
Exception 
 
(2)  The Commissioner shall not sp ecify anything under clause (1)( a)(iv)(C) if the 
Commissioner is of the opinion that, having regard to the country that is providing the export subsidy, 
the nature of the goods and the circumstances unde r which the export subsidy is provided, provision 
of the export subsidy in relation to those goods is not inconsistent with that country's obligations 
under the international agreement known as the Ge neral Agreement on Tariffs and Trade, 1994. 
 
Notice of final determination 
 
(3)  Where the Commissioner makes a final dete rmination of dumping or subsidizing in 
respect of goods, he shall cause notice that he has made the determination to be 
 
(a)  given and published as pr ovided in paragraph 34(1)( a); and 
 
(b)  filed with the Secretary in writing, stati ng the reasons therefor, together with such 
other material relating to the determinati on as may be required under the rules of the 
Tribunal. 
 
Notice of termination 
 
(4)  Where the Commissioner causes an investigation respecting the dumping or 
subsidizing of any goods to be terminated pursuant to subsection (1) in respect of those goods, he 
shall cause notice of the termination to be  
(a)  given and published as pr ovided in paragraph 34(1)( a); and 
 
(b)  given in writing to the Secretary. 
 
R.S., 1985, c. S-15, s. 41; 1994, c. 47, ss. 167, 185, 186; 1999, c. 12, s. 25, c. 17, ss. 183, 184.   G/ADP/N/1/CAN/4 
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Action on final determination or decision referred back by Court 
 
41.1 (1) Where a final determin ation under paragraph 41(1)( a) or a decision under paragraph 
41(1)( b) is set aside and the matter referred back to  the Commissioner on an application under section 
96.1, the Commissioner shall 
 
(a)  reconsider the matter and make a ne w final determination or decision; and 
 (b)  cause notice of the action taken pursuant to paragraph ( a) to be given and published 
as provided in paragraph 34(1)( a) and to be given in writing to the Secretary. 
 
Action on final determination or decision referred back by panel 
 
(2)  Where a final determin ation under paragraph 41(1)( a) or a decision under paragraph 
41(1)( b) is referred back to the Commissioner under s ubsection 77.015(3) or (4) or 77.019(5), or 
under subsection 77.15(3) or (4) or 77.19(4), the Commissioner shall  
(a)  reconsider the final determination or deci sion and confirm or rescind it or, in the case 
of a final determination, vary it; and 
 
(b)  cause notice of the action taken pursuant to paragraph ( a) to be given and published 
as provided in paragraph 34(1)( a) and to be given in writing to the Secretary and the 
Canadian Secretary. 
 
Final determination 
 
(3)  Where the Commissioner reconsiders a matter involving a final determination 
pursuant to subsection (1) or reconsiders and rescinds  a final determination pur suant to subsection (2), 
section 41 shall again apply in respect of the goods to  which the final determination applied as if that 
section had not previously applied in respect of those goods, except that the action that the 
Commissioner is required by that section to take sha ll, notwithstanding anything therein, be taken by 
the Commissioner within such period as is specified by the panel that made the order or the Federal 
Court of Appeal, as the case may be, or, in the case of the Federal Court of Appeal, within ninety days 
after the Court gives its ruling, if it did not specify a period.  
Decision to terminate 
 
(4)  Where the Commissioner reconsiders a matter involving a decision pursuant to 
subsection (1) or reconsiders and rescinds  a decision pursuant to subsection (2), 
 
(a)  the Commissioner shall be deemed to have made, on the day on which the order 
referring the matter or decision back to the Commissioner was made, a preliminary 
determination of dumping or s ubsidizing in respect of the goods that were the subject 
of the investigation that was terminated; 
 
(b)  the Commissioner shall resume the investigation that was terminated; 
 
(c)  section 41 shall again apply as described in subsection (3); and 
 
(d)  sections 42 and 43 shall again apply in respect of the goods to which the decision 
relates as if those sections had not previously applied in respect of those goods, except that the action that the Tribunal is required by those sections to take shall, 
notwithstanding anything therein, be taken by the Tribunal within one hundred and G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 52 
 
 
twenty days after the day on which the order referring the decision back to the Commissioner was made. 
 1988, c. 65, s. 31; 1993, c. 44, s. 208; 1994, c. 47, s. 186; 1999, c. 17, s. 183. 
 
Commissioner to be guided by Canada's obligations 
 
41.2  The Commissioner shall, in an investig ation respecting the subsidizing of any goods, 
take into account the provisions of  paragraphs 10 and 11 of Article  27 of the Subsidies Agreement. 
 1994, c. 47, s. 168; 1999, c. 17, s. 183. 
 
 
INQUIRIES BY TRIBUNAL 
 
Tribunal to make inquiry 
 
42. (1) The Tribunal, forthwith after receipt by the Secretary pursuant to subsection 38(3) of a 
notice of a preliminary determination, shall make i nquiry with respect to such of the following matters 
as is appropriate in the circumstances:  
(a)  in the case of any goods to which the pre liminary determination applies, as to whether 
the dumping or subsidizing of the goods 
 
(i)  has caused injury or retardation or is threatening to cause injury, or 
 (ii)  would have caused injury or reta rdation except for the fact that provisional 
duty was imposed in respect of the goods; 
 
(b)  in the case of any dumped goods to which the preliminary determination applies, as to 
whether 
 
(i)  either  
(A)  there has occurred a considerable  importation of like goods that were 
dumped, which dumping has caused injury or would have caused injury except for the application of anti-dumping measures, or 
 (B)  the importer of the goods was or should have been aware that the 
exporter was practising dumping a nd that the dumping would cause 
injury, and 
 
(ii)  injury has been caused by reason of the fact that the dumped goods 
 
(A)  constitute a massive im portation into Canada, or 
 
(B)  form part of a series of impor tations into Canada, which importations 
in the aggregate are massive and have occurred within a relatively short period of time, 
 
and it appears necessary to the Tribunal that duty be assessed on the imported goods in order 
to prevent the recurrence of that injury; and 
  G/ADP/N/1/CAN/4 
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 Page 53 
 
 
(c)  in the case of any subsidized goods in r espect of which a specification has been made 
pursuant to clause 41(1)( a)(iv)(C) and to which the prel iminary determination applies 
as to whether 
 
(i)  injury has been caused by reason of  the fact that the subsidized goods 
 
(A)  constitute a massive im portation into Canada, or 
 (B)  form part of a series of impor tations into Canada, which importations 
in the aggregate are massive and have occurred within a relatively 
short period of time, and 
 
(ii)  a countervailing duty should be impo sed on the subsidized goods in order to 
prevent the recurrence of that injury. 
 
Tribunal to make or resume inquiry 
 
(2)  Where the Secretary receives a notice pursuant to paragraph 52(1)( e) in respect of 
goods with respect to which an undertaking or undertak ings have been terminated, the Tribunal shall, 
unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as 
to whether the dumping or subsidizing  
(a)  has caused injury or retardation or  is threatening to cause injury; or 
 (b)  would have caused, during any period af ter the undertaking or undertakings, as the 
case may be, with respect to the goods were a ccepted, injury, retardation or threat of 
injury except for that acceptance. 
 
Assessment of cumulative effect 
 
(3)  In making or resuming its inquiry under subsection (1), the Tribunal shall make an 
assessment of the cumulative effect of the dumping or subsidizing of goods to which the preliminary 
determination applies that are imported into Canada  from more than one country if the Tribunal is 
satisfied that 
 
(a)  the margin of dumping or the amount of subsidy in relation to the goods from each of 
those countries is not insignificant and the volume of the goods from each of those countries is not negligible; and 
 
(b)  an assessment of the cumulative effect would be appropriate taking into account the 
conditions of competition between goods to  which the preliminary determination 
applies that are imported into Canada from any of those countries and 
 
(i)  goods to which the preliminary determ ination applies that are imported into 
Canada from any other of those countries, or 
 
(ii)  like goods of domestic producers. 
 
Tribunal to be guided by  Canada's obligations 
 
(4)  The Tribunal shall, in making a cumulati ve assessment under subsec tion (3), take into 
account the provisions of paragraph 12 of Article 27 of the Subsidies Agreement. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 54 
 
 
Termination of inquiry if  volume is negligible 
 
(4.1)  If the Tribunal determines that the volume of dumped or subsidized goods from a 
country is negligible, the Tribunal shall term inate its inquiry in respect of those goods. 
 
When domestic industry base d on regional markets 
 
(5)  Where subsection 2(1.1) applies in respect of the dumping or subsidizing of goods to 
which the preliminary determination applies, th e Tribunal shall not find that the dumping or 
subsidizing of those goods has caused injury or re tardation or is threatening to cause injury unless 
 
(a)  there is a concentration of those goods into the regional market; and 
 
(b)  the dumping or subsidizing of those goods has caused injury or retardation or is 
threatening to cause injury to the producer s of all or almost all of the production of 
like goods in the regional market. 
 
Volume of dumped or subsidized goods 
 
(6)  For the purposes of this section, the vo lume of dumped or subsidized goods from a 
country is deemed to include the volume of goods of the country that are of the same description and 
are the subject of a sale for export to Canada.  R.S., 1985, c. S-15, s. 42; 1994, c. 47, s. 169; 1999, c. 12, ss. 26, 52(E).  
Tribunal to make order or finding 
 
43. (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, 
forthwith after the date of receipt by the Secretar y of notice of a final determination of dumping or 
subsidizing with respect to any of those goods, but , in any event, not later than one hundred and 
twenty days after the date of receipt by the Secretary of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final 
determination applies as the nature of the matte r may require, and shall declare to what goods, 
including, where applicable, from what supplier and from what country of export, the order or finding 
applies.  
Separate order or finding 
 
(1.01)  Where an inquiry referred to in section 42 involves goods of 
 
(a)  more than one NAFTA country, or 
 (b)  one or more NAFTA countries and goo ds of one or more other countries, 
 
the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of 
each NAFTA country. 
 
Suspension of s. (1.1) 
 
(1.02)  The operation of subsection (1.1) is suspended during the period in which subsection 
(1.01) is in force.   G/ADP/N/1/CAN/4 
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Separate order or finding 
 
(1.1)  Where an inquiry referred to in section 42 involves goods of the United States as well 
as goods of other countries, the Tribunal shall make  a separate order or finding under subsection (1) 
with respect to the goods of the United States. 
 
Notice of order or finding 
 
(2)  The Secretary shall forward by registered  mail to the Commissioner, the importer, the 
exporter and such other persons as may be specified by the rules of the Tribunal  
(a)  forthwith after it is made, a copy of each order or finding made by the Tribunal 
pursuant to this section; and 
 
(b)  not later than fifteen days after the making of an order or finding by the Tribunal 
pursuant to this section, a copy of the reasons for making the order or finding. 
 
Publication of notice 
 
(3)  The Secretary shall cause a notice of each order or finding made by the Tribunal 
pursuant to this section to be published in the Canada Gazette . 
 R.S., 1985, c. S-15, s. 43; 1988, c. 65, s. 32; 1993, c. 44, s. 209; 1999, c. 17, s. 183.  
Recommencement of inquiry 
 
44. (1)  Where pursuant to an application for judicial review under the Federal Courts Act  or 
an application under section 96.1 of this Act, an orde r or finding of the Tribunal is set aside or is set 
aside in relation to particular goods, the Tribunal shall  
(a)  where the matter is referred back to th e Tribunal for determination, forthwith 
recommence the inquiry made in respect of the goods to which the order or finding 
applies or in respect of the particular goods, as the case may be, and 
 
(b)  in any other case, decide, within thirty  days after the final disposition of the 
application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides th at the inquiry should be recommenced, 
forthwith recommence the inquiry, 
 and a new order or finding compatible with the fina l disposition of the issues raised by or as a result 
of the application shall be made by the Tribunal w ith respect to the goods in respect of which the 
inquiry is recommenced forthwith and, in any event,  not later than one hundred and twenty days after 
 
(c)  where paragraph ( a) applies, the date on which the order or finding is set aside, and 
 
(d)  where paragraph ( b) applies, the date on which the Tribunal decides that the inquiry 
should be recommenced. 
 
Idem 
 
(2)  Where an inquiry is recommenced pursu ant to subsection (1) with respect to any 
goods, 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 56 
 
 
(a)  the Secretary shall without delay give notice of the recommencement of the inquiry 
with respect to those goods to every pers on to whom the Secretary forwarded, under 
subsection 43(2), a copy of the order or fi nding with respect to which the application 
under the Federal Courts Act  was made; and 
 
(b)  the Tribunal shall, for the purpose of making the new order or finding referred to in 
subsection (1), take any further steps in the inquiry, whether by way of hearing or re-
hearing any matter, the receipt of additional evidence or otherwise, that it considers 
necessary or advisable. 
 
R.S., 1985, c. S-15, s. 44; 1988, c. 65, s. 33; 1990, c. 8, s. 71; 2002, c. 8, ss. 170(E), 182.  
Initiation of inquiry if imposition of duty not in public interest 
 
45. (1) If, as a result of an inquiry referred to in section 42 arising out of the dumping or 
subsidizing of any goods, the Tribunal makes an orde r or finding described in any of sections 3 to 6 
with respect to those goods, the Trib unal shall, on its own initiative or on the request of an interested 
person that is made within the prescribed period and in the prescribed manner, initiate a public interest 
inquiry if the Tribunal is of the opinion that th ere are reasonable grounds to consider that the 
imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of those sections, in respect  of the goods would not or might not be in the 
public interest. 
 
Publication of notice 
 
(2)  The Secretary shall publish in the Canada Gazette  notice of a decision to initiate a 
public interest inquiry.  
Consideration of prescribed factors 
 
(3)  In a public interest inquiry, the Tribunal shall take into account any factors, including 
prescribed factors, that it considers relevant. 
 
Report 
 
(4)  If, as a result of a public interest inquiry, the Tribunal is of the opinion that the 
imposition of an anti-dumping or countervailing duty, or the imposition of such a duty in the full amount provided for by any of sections 3 to 6, in resp ect of the goods would not or might not be in the 
public interest, the Tribunal shall without delay 
 
(a)  report to the Minister of Finance that it is of that opinion and provide that Minister 
with a statement of the facts and reasons th at caused it to be of that opinion; and 
 
(b)  cause notice of the report to be published in the Canada Gazette . 
 
Details in report 
 
(5)  If the Tribunal is of the opinion that the imposition of an anti-dumping or 
countervailing duty in the full amount would not or mi ght not be in the public interest, the Tribunal 
shall, in the report referred to in paragraph (4)( a), specify either 
 
(a)  a level of reduction in the anti-dumping or countervailing duty provided for in any of 
sections 3 to 6; or 
  G/ADP/N/1/CAN/4 
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 Page 57 
 
 
(b) a price or prices that are adequate to el iminate injury, retardation or the threat of 
injury to the domestic industry. 
 
Persons interested may make representations 
 
(6)  If a person interested in a public inter est inquiry makes a request to the Tribunal 
within the prescribed period and in the prescribed manner for an opportunity to make representations 
to the Tribunal on the question whether the Tr ibunal should make a re port under paragraph (4)( a) with 
respect to any goods in respect of which the inquiry  is being made, the Tribunal shall give that person 
an opportunity to make representations to the Tribunal on that question orally or in writing, or both, as 
the Tribunal directs in the case of that inquiry. 
 
R.S., 1985, c. S-15, s. 45; 1999, c. 12, s. 27.  
Tribunal to advise Commissioner 
 
46.  Where, during an inquiry referred to in section 42 respecting the dumping or 
subsidizing of goods to which a pr eliminary determination under this Ac t applies, the Tribunal is of 
the opinion that 
 
(a)  there is evidence that goods the uses and other characteristics of which closely 
resemble the uses and other characteristics of goods to which the preliminary determination applies have been or are being dumped or subsidized, and 
 
(b)  the evidence discloses a reasonable indication that the dumping or subsidizing 
referred to in paragraph ( a) has caused injury or retardation or is threatening to cause 
injury, 
 the Tribunal, by notice in writing setting out the d escription of the goods first mentioned in paragraph 
(a), shall so advise the Commissioner. 
 R.S., 1985, c. S-15, s. 46; 1994, c. 47, s. 170; 1999, c. 17, s. 183.  
Termination of proceedings 
 
47. (1) An order or finding made by the Tribuna l with respect to any dumped or subsidized 
goods, other than an order or finding described in any of sections 3 to 6, terminates all proceedings 
under this Act respecting the dumping or subsidizing of the goods, ot her than proceedings under Part 
I.1 or II or subsection 76.02(1) or (3).  
Termination of inquiry – Chile 
 
(2)  If goods of Chile are exempted from the a pplication of this Act by regulations made 
under section 14, the Tribunal shall issue an order te rminating any inquiry referred to in section 42 to 
the extent that it relates to the dumping of those goods. 
 
Notice of termination 
 
(3)  The Secretary shall 
 (a)  send, immediately after an inquiry is terminated under subsection (2), notice of the 
termination to the Commissioner, the importe r, the exporter, the Government of the 
Republic of Chile and any other persons who are specified by the rules of the 
Tribunal; and G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 58 
 
  
(b)  cause a notice of the termina tion to be published in the Canada Gazette . 
 
R.S., 1985, c. S-15, s. 47; 1988, c. 65, s. 34; 1993, c. 44, s. 210; 1997, c. 14, s. 91; 1999, c. 12, s. 28, 
c. 17, s. 183. 
 
48.  [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] 
  
UNDERTAKINGS 
 
Acceptance of undertaking 
 
49. (1) Subject to subsection (2), the Commissione r may, in an investigation respecting the 
dumping or subsidizing of goods, accept an undertaking or undertakings with respect to dumped or 
subsidized goods where the Commissioner is of th e opinion that observance of the undertaking or 
undertakings, as the case may be, will eliminate 
 
(a)  the margin of dumping of or the subsidy on 
 
(i)  where the undertaking is given by an exporter, the goods if they are sold by 
the exporter to importers in Canada, and 
 
(ii)  where the undertaking is given by the government of a country from which 
the goods are exported to Canada, the goods  if they are exported to Canada 
from that country pursuant to sales th ereof by exporters to importers in 
Canada; or 
 
(b)  any injury, retardation or threat of injury that is being caused by the dumping or 
subsidizing. 
 
Idem  
 
(2)  The Commissioner shall not accept an un dertaking with respect to dumped or 
subsidized goods 
 
(a)  unless he is of the opinion that observance of the undertaking will not cause 
 
(i)  where the undertaking is given by an exporter, the price at which the goods 
are sold to importers in Canada by the exporter, or 
 
(ii)  where the undertaking is given by the government of a country, the price at 
which the goods, when exported to Canada  from that country, will be sold to 
importers in Canada, 
to increase by more than the estimated marg in of dumping of the goods or the estimated 
amount of subsidy thereon; 
 
(b)  unless the Commissioner has made a preliminary determination under subsection 
38(1);  or 
 (c)  where he is of the opinion that it would not be practicable to administer the 
undertaking or undertakings, as the case may be. 
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Request to complete investigation and inquiry 
 
(3)  Where the exporter, in the case of an investigation and inquiry with respect to 
dumped goods, or the government of the exporting country, in the case of an investigation and inquiry 
with respect to subsidized goods, wishes to offer an undertaking with respect to the dumped or 
subsidized goods, as the case may be, but wishes the investigation and inquiry with respect to the 
goods to be completed,  
(a)  the undertaking must be accompanied by a request to the Commissioner to complete 
the investigation; and 
 
(b)  a request must be made to the Tribunal to complete its inquiry. 
 
Time for offering undertaking 
 
(4)  The Commissioner may refuse to accept any undertaking offered af ter such period of 
time as is prescribed for the purpose of this subsection.  
Consideration of representations 
 
(5)  In considering whether to accept an unde rtaking, the Commissioner shall consider 
any representations received from the importer, exporte r, government of the country of export or any 
other interested person.  R.S., 1985, c. S-15, s. 49; 1994, c. 47, ss. 171, 185(E); 1999, c. 12, s. 29, c. 17, ss. 183, 184. 
 
Procedure where undertaking accepted 
 
50.  Forthwith after the Commissioner accepts, in an investigation by the Commissioner 
under section 31, an undertaking or undertakings w ith respect to dumped or subsidized goods, 
 
(a)  the Commissioner shall 
 
(i)  cause notice of the acceptance to be given and published as provided in 
paragraph 34(1)( a), 
(ii)  suspend the collection of provisional duties with respect to those goods, as 
provided under subsection 8(5), 
 
(iii)  suspend the investigation unless the requests referred to in subsection 49(3) 
were made, and 
 
(iv)  notify the Tribunal of any su spension under subparagraph (iii); and 
 
(b)  the Tribunal shall suspend its inquiry with  respect to the dumping or subsidizing of 
goods with respect to which the undertaking or undertakings have been accepted 
unless the requests referred to in subsection 49(3) were made. 
 R.S., 1985, c. S-15, s. 50; 1994, c. 47, s. 172; 1999, c. 17, s. 183.  
Suspension of operation of time period 
 
50.1 (1) Where an undertaking has been accepted w ith respect to the dumping or subsidizing 
of goods, the operation of any period specified, pursuant to this Act, for the doing of any thing in G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 60 
 
 relation to those goods is suspended for such period  as the undertaking is in force and is resumed on 
the expiration or termination of the undertaking.  
Extension of time period 
 
(2)  A period to which subsection (1) applies is extended by a period equal to 
 (a)  where subsection 51(1) applies in respec t of the undertaking, the period between the 
day on which the undertaking was accepted and the day on which it was terminated; 
or 
 
(b)  in any other case, the period between the day on which the preliminary determination 
was made in respect of the goods to which the undertaking applies and the day on which the undertaking was accepted. 
 1994, c. 47, s. 172. 
 
Commissioner to terminate undertaking 
 
51. (1) The Commissioner shall forthwith termin ate an undertaking in respect of which the 
Commissioner receives, within thirty days after the date of the notice of acceptance of an undertaking 
or undertakings with respect to dumped or subsidized goods given pur suant to paragraph 50( a)(i) but 
before an order is made by the Tribunal under sub section 43(1) in respect of the goods, a request for 
termination from 
 
(a)  in the case of dumped goods, the importer or  exporter of the goods or the complainant 
in the investigation respecting the goods; and 
 (b)  in the case of subsidized goods, the impor ter, exporter or government of the country 
of export of the goods or the complainant in the investigation respecting the goods. 
 
Commissioner to resume investigation 
 
(2)  Where the Commissioner terminates any un dertaking pursuant to subsection (1), he 
shall forthwith cause the investiga tion to be resumed with respect to all the goods to which the 
investigation related when he accepted the undertak ing or undertakings, as the case may be, and shall 
cause notice of the resumption of the investigation to be given as provided in paragraph 34(1)( a). 
 R.S., 1985, c. S-15, s. 51; 1994, c. 47, ss. 173, 186; 1999, c. 17, s. 183.  
Acceptance of further undertakings 
 
51.1  If an investigation has been  suspended under subparagraph 50( a)(iii), the 
Commissioner may accept an undertaking in respect of  dumped or subsidized goods from an exporter 
or government that had not previously offered an undertaking in respect of the goods that was 
accepted by the Commissioner under subsection 49(1) if the Commissioner is of the opinion that 
observance of the undertaking will not cause  
(a)  if the undertaking is given by an exporte r, the price at which the goods are sold to 
importers in Canada by the exporter to incr ease by more than the estimated margin of 
dumping of the goods or the estimated amount of subsidy on the goods; or 
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 Page 61 
 
 
(b)  if the undertaking is given by the government of a country, the price at which the 
goods, when exported to Canada from that country, will be sold to importers in 
Canada to increase by more than the es timated amount of subsidy on the goods. 
 
1999, c. 12, s. 30, c. 17, s. 184. 
 
Termination of undertakings by Commissioner 
 
52. (1) Where, at any time after accepting an undert aking or undertakings with respect to any 
dumped or subsidized goods that were the s ubject of an investigation, the Commissioner 
 
(a)  is satisfied that the undertaking or any of the undertakings has been or is being 
violated,  
(b)  is satisfied that the undertaking or unde rtakings would not have been accepted if the 
information available at that time had been available when the undertaking was 
accepted, or 
 
(c)  is satisfied that the undertaking or unde rtakings would not have been accepted if the 
circumstances prevailing at  that time had prevailed when the undertaking was 
accepted, 
 
the Commissioner shall forthwith 
 
(d)  terminate the undertaking or undertakings, 
 (e)  cause notice of the termination of the undertaking or undertakings to be given and 
published as provided in paragraph 34(1)( a) and filed with the Secretary in writing, 
and 
 
(f)  where the investigation has been suspended under subparagraph 50( a)(iii), cause it to 
be resumed. 
 
Termination where no dumping, etc. 
 
(1.1)  Where, at any time after the Commis sioner accepts an undertaking or undertakings 
with respect to any dumped or subsidized goods  that were the subject of an investigation, 
 
(a)  there has been a determination under subsection 41(1) or section 41.1 that 
 
(i)  there has been no dumping or subsidizing of the goods, or 
 (ii)  the margin of dumping of, or the amount of subsidy on, the goods is 
insignificant, 
 
(iii)  [Repealed, 1999, c. 12, s. 31] 
 
(b)  an order or finding has been made unde r subsection 43(1) that there has been no 
injury, retardation or threat of injury as a result of the dumping or subsidizing of the goods, or 
 
(c) the Tribunal has, under paragraph 76.01(5)( a), subsection 76.02(4), 
paragraph 76.03(12)( a) or subsection 76.04(1) or 76.1(2), rescinded an order or G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 62 
 
 
finding with respect to the goods or the order or finding has been deemed to be rescinded under subsection 76.03(1), 
 the Commissioner shall forthwith 
 
(d)  terminate the undertaking or undertakings, and 
 (e)  cause notice of the termination of the undertaking or undertakings to be given and 
published as provided in paragraph 34(1)( a) and filed with the Secretary in writing. 
 
Termination if conditions no longer exist 
 
(1.2)  Unless the Tribunal has made an orde r or finding under subsection 43(1) that the 
dumping or subsidizing of the goods to which the pr eliminary determination ap plies has caused injury 
or retardation or is threatening to cause injury, a nd that order or finding has not been rescinded under 
paragraph 76.01(5)( a), subsection 76.02(4), paragraph 76.03(12)( a) or subsection 76.04(1) or 76.1(2) 
or has not been deemed to be rescinded under s ubsection 76.03(1), the Commissioner shall terminate 
the undertaking or undertakings if, at any time af ter accepting the undertaking or undertakings, the 
Commissioner is satisfied that, notwithstanding the termination of the undertaking or undertakings, 
the condition in paragraph 49(1)( a) or ( b), as the case may be, would no longer exist. 
 
Effect of termination of undertaking 
 
(1.3)  A termination of an undertaking unde r subsection (1.2) terminates all proceedings 
under this Act respecting the dumping or subsidizing of the goods to which the undertaking relates, 
unless, in any case where the Commissioner h as accepted two or more undertakings, the 
Commissioner, for good reason, otherwise directs.  
Where no action to be taken 
 
(2)  Where, in any investigation respecting the dumping or subsidizing of goods, a 
number of undertakings are accepted by the Commi ssioner under section 49 and any one or more of 
those undertakings have been or are being vi olated, the Commissioner shall not, unless he sees good 
reason to the contrary, take any action under subsecti on (1) if the undertakings that have not been and 
are not being violated account for substantiall y all the imports into Canada of the goods. 
 
R.S., 1985, c. S-15, s. 52; 1994, c. 47, s. 174; 1999, c. 12, ss. 31, 52(E), c. 17, ss. 183, 184. 
 
Review and renewal of undertaking by Commissioner 
 
53. (1)  Unless the Tribunal has made an orde r or finding under subsection 43(1) that the 
dumping or subsidizing of the goods to which the pr eliminary determination ap plies has caused injury 
or retardation or is threatening to cause injury and that order or finding has not been rescinded under 
paragraph 76.01(5)( a), subsection 76.02(4), paragraph 76.03(12)( a) or subsection 76.04(1) or 76.1(2) 
or has not been deemed to be rescinded under sub section 76.03(1), the Commissioner shall review the 
undertaking before the expiry of five years afte r the date on which it was accepted and before the 
expiry of each subsequent period, if any, for wh ich it is renewed under this section and if, on the 
review, the Commissioner is satisfied  
(a)  that the undertaking continues to serve the purpose for which it was intended, and 
 
(b)  that the Commissioner is not required to terminate it under section 52, 
 
the Commissioner shall renew the undertaking for a further period of not more than five years.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 63 
 
  
Expiry of undertaking 
 
(2)  An undertaking expires immediatel y after the Commissioner decides under 
subsection (1) not to renew it. 
 
Expiration terminates all proceedings 
 
(3)  Where an undertaking expires by reason of  subsection (2), the expiration terminates 
all proceedings under this Act respecting the dum ping or subsidizing of the goods to which the 
undertaking relates, unless, in any case wher e the Commissioner has accepted two or more 
undertakings, the Commissioner, for good reason, otherwise directs. 
 
Notice 
 
(4)  Where an undertaking is renewed or not renewed pursuant to subsection (1), the 
Commissioner shall cause notice of the decision to re new or not to renew, as the case may be, to be 
given and published as prov ided in paragraph 34(1)( a) and filed with the Secretary. 
 R.S., 1985, c. S-15, s. 53; 1988, c. 65, s. 35; 1994, c.  47, ss. 175, 186; 1999, c. 12, s. 32, c. 17, ss. 183, 
184. 
 
Action on decision referred back by Court 
 
53.1 (1) Where a decision under subsection 53(1) to renew or not to renew an undertaking is 
set aside and the matter referred back to the Co mmissioner on an application under section 96.1, 
 
(a)  the Commissioner shall 
 
(i)  reconsider the matter and make a new decision, and  (ii)  cause notice of the action taken pursuant to subparagraph (i) to be given and 
published as provided in paragraph 34(1)( a) and filed with the Secretary; and 
 
(b)  in the case of a decision not to renew an undertaking, the undertaking shall be 
deemed to have been renewed on the day on  which the order referring the matter back 
is made and continues in effect until ac tion is taken pursuant to subparagraph ( a)(i). 
 
Action on decision referred back by panel 
 
(2)  Where a decision under subsection 53(1) to  renew or not to renew an undertaking is 
referred back to the Commissioner under subsec tion 77.015(3) or (4) or 77.019(5), or under 
subsection 77.15(3) or (4) or 77.19(4),  
(a)  the Commissioner shall 
 
(i)  reconsider the decision and c onfirm, rescind or vary it, and 
 (ii)  cause notice of the action taken pursuant to subparagraph (i) to be given and 
published as provided in paragraph 34(1)( a) and filed with the Secretary and 
the Canadian Secretary; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 64 
 
 
(b)  in the case of a decision not to renew an undertaking, the undertaking shall be 
deemed to have been renewed on the day on which the order is made and continues in 
effect until action is taken pursuant to subparagraph ( a)(i). 
 
1988, c. 65, s. 36; 1993, c. 44, s. 211; 1994, c. 47, s. 186; 1999, c. 17, s. 183. 
 
Amendment of undertaking 
 
54.  Subject to subsections 53(1) and (2), an  undertaking may be amended at any time in 
accordance with its terms.  
1984, c. 25, s. 54. 
  
DETERMINATIONS BY DESIGNATED OFFICER 
 
Determination by designated officer 
 
55. (1) Where the Commissioner 
(a)  has made a final determination of dum ping or subsidizing under subsection 41(1) 
with respect to any goods, and 
 
(b)  has, where applicable, received from the Tribunal an order or finding described in any 
of sections 4 to 6 with respect to the goods  to which the final determination applies, 
 
the Commissioner shall cause a designated officer to determine, not later than six months after the 
date of the order or finding,  
(c)  in respect of any goods referred to in subsection (2), whether the goods are in fact 
goods of the same description as goods described in the order or finding, 
 (d)  the normal value and export price of or the amount of subsidy on the goods so 
released, and 
 
(e)  where section 6 or 10 applies in respect of the goods, the amount of the export 
subsidy on the goods. 
 
Application 
 
(2)  Subsection (1) applies only in respect of  (a)  goods released on or after the day on which a preliminary determination has been 
made, and on or before the day on which an undertaking has been accepted, in respect 
of the goods; 
 
(b)  goods described in paragraph 5( b) or 6( b); 
 (c)  goods that are released on or after the day on which an undertaking with respect to 
those goods has been terminated pursuant to section 52 and on or before the day on 
which the Tribunal makes an order or fi nding pursuant to subsection 43(1) with 
respect to the goods; and 
 (d)  goods described in paragraph 4(1)( b) or (2)( c).  G/ADP/N/1/CAN/4 
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 Page 65 
 
 
 
R.S., 1985, c. S-15, s. 55; R.S., 1985, c. 1 (2nd Supp.), s. 202; 1994, c. 47, ss. 176, 185; 1999, c. 17, s. 
183.  
 
RE-DETERMINATIONS AND APPEALS 
 
Re-determination by Designated Officer or Commissioner 
 
Determination final 
 
56. (1) Where, subsequent to the making of an order or finding of the Tribunal or an order of 
the Governor in Council imposing a countervailing duty under section 7, any goods are imported into 
Canada, a determination by a customs officer 
(a)  as to whether the imported goods are goods of the same description as goods to which 
the order or finding of the Tribunal or the order of the Governor in Council applies, 
 
(b)  of the normal value of or the amount, if  any, of the subsidy on any imported goods 
that are of the same description as goods to which the order or finding of the Tribunal 
or the order of the Governor in Council applies, and 
 
(c) of the export price of or the amount, if any, of the export subsidy on any imported 
goods that are of the same description as goods to which the order or finding of the 
Tribunal applies, 
 
made within thirty days after they were account ed for under subsection 32(1), (3) or (5) of the 
Customs Act  is final and conclusive. 
 
Request for re-determination 
 
(1.01)  Notwithstanding subsection (1), 
 
(a)  where a determination referred to in that subsection is made in respect of any goods, 
including goods of a NAFTA country, the im porter of the goods may, within ninety 
days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the pr escribed information to a designated 
officer for a re-determination, if the import er has paid all duties owing on the goods; 
and 
 
(b)  where a determination referred to in that subsection is made in respect of goods of a 
NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer  or exporter of the goods may make a 
request as described in paragraph ( a), whether or not the importer of the goods has 
paid all duties owing on the goods. 
 
Suspension of s. (1.1) 
 
(1.02)  The operation of subsection (1.1) is suspended during the period in which subsection 
(1.01) is in force. 
 
Request for re-determination 
 
(1.1)  Notwithstanding subsection (1), 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 66 
 
 
(a)  where a determination referred to in that subsection is made in respect of any goods, 
including goods of the United States, the importer of the goods may, within ninety 
days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the pr escribed information to a designated 
officer for a re-determination, if the import er has paid all duties owing on the goods; 
and 
 
(b)  where a determination referred to in that subsection is made in respect of goods of the 
United States, the United States government or the producer, manufacturer or 
exporter of the goods may make a re quest as described in paragraph ( a), whether or 
not the importer of the goods has paid all duties owing on the goods. 
 
Determination deemed to have been made 
 
(2)  Where, in the case of any imported goods referred to in subsection (1), a 
determination referred to in that subsection that is  relevant in the case of those goods is not in fact 
made in respect of them within the thirty days refe rred to in that subsection, that determination shall 
be deemed to have been made  
(a)  on the thirtieth day after th e goods were accounted for; and 
 (b)  in accordance with any representations ma de by the person accounting for the goods 
at the time of the accounting. 
 R.S., 1985, c. S-15, s. 56; R.S., 1985, c. 1 (2nd Supp.), s. 203; 1988, c. 65, s. 37; 1993, c. 44, s. 212; 1999, c. 17, s. 183.  
Review by designated officer 
 
57.  Unless the Commissioner has previously re-determined under section 59 a 
determination referred to in sub section 56(1) or (2) or the determin ation was made in respect of goods 
released after the initiation of an expedited review  under subsection 13.2(3) and before a decision was 
issued under that subsection, a designated o fficer may re-determine the determination 
 
(a)  n accordance with a request made unde r subsection 56(1.01) or (1.1); or 
 (b)  f the designated officer deems it advisable, within two years after the determination. 
 
R.S., 1985, c. S-15, s. 57; R.S., 1985, c. 1 (2nd Supp.), s. 204; 1988, c. 65, s. 38; 1993, c. 44, s. 213; 1999, c. 12, s. 33, c. 17, ss. 183, 184. 
 
Determination or re-determination final 
 
58. (1) A determination or re-determination by  a designated officer under section 55 or 57 
with respect to any imported goods is final and conclusive.  
Request for re-determination 
 
(1.1)  otwithstanding subsection (1), 
 
(a)  here a determination or re -determination referred to in that subsection is made in 
respect of any goods, including goods of a NAFTA country, the importer of the goods 
may, within ninety days after the date of the determination or re-determination, make 
a written request in the prescribed form and manner and accompanied by the  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 67 
 
 
prescribed information to the Commissioner for a re-determination, if the importer 
has paid all duties owing on the goods; and 
 
(b)  here a determination or re -determination referred to in that subsection is made in 
respect of goods of a NAFTA country, the government of that NAFTA country or, if 
they are of that NAFTA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph ( a), whether or not the importer has 
paid all duties owing on the goods. 
 
Suspension of s. (2) 
 
(1.2)  he operation of subsection (2) is susp ended during the period in which subsection 
(1.1) is in force.  
Request for re-determination 
 
(2)  notwithstanding subsection (1), 
 
(a)  here a determination or re -determination referred to in that subsection is made in 
respect of any goods, including goods of the United States, the importer of the goods may, within ninety days after the date of the determination or re-determination, make 
a written request in the prescribed form and manner and accompanied by the prescribed information to the Commissioner for a re-determination, if the importer 
has paid all duties owing on the goods; and 
 
(b)  where a determination or re-determination referred to in that subsection is made in 
respect of goods of the United States, the United States government or the producer, 
manufacturer or exporter of the goods may make a request as described in paragraph 
(a), whether or not the importer has paid all duties owing on the goods. 
 
R.S., 1985, c. S-15, s. 58; R.S., 1985, c. 1 (2nd Supp.), s. 205; 1988, c. 65, s. 39; 1993, c. 44, s. 214; 1999, c. 17, s. 183.  
Permissive re -determination 
 
59. (1) Subject to subsection (3), the Commissi oner may re-determine any determination or 
re-determination referred to in section 55, 56 or 57  or made under this section in respect of any 
imported goods 
 
(a)  in accordance with a request made pursuant to subsection 58(1.1) or (2); 
 
(b)  at any time, if the importer or exporte r has made any misrepresentation or committed 
a fraud in accounting for the goods under subsection 32(1), (3) or (5) of the Customs 
Act or in obtaining release of the goods; 
 
(c)  at any time, if subsection 2(6) or section 26 or 28 applies or at any time becomes 
applicable in respect of the goods; 
 
(d)  at any time, for the purpose of giving effect  to a decision of the Tribunal, the Federal 
Court of Appeal or the Supreme Court of Canada with respect to the goods; and 
 
(e)  in any case where the Commissioner deems it advisable, within two years after the 
determination referred to in section 55 or  subsection 56(1), as the case may be, if the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 68 
 
 
Commissioner has not previously made a re -determination with respect to the goods 
pursuant to any of paragraphs ( a) to ( d) or subsection (2) or (3). 
 
Re-determination of re-determination 
 
(1.1)  The Commissioner may re-determine any re-determination 
 (a)  at any time after a re-determination was made under any of paragraphs (1)( a) to ( c) 
and ( e) but before an appeal under section 61 is heard, on the recommendation of the 
Attorney General of Canada, if the re-d etermination would reduce duties payable on 
the goods; and 
 
(b)  at any time if the re-determination would be consistent with a decision of the 
Tribunal, the Federal Court of Appeal or th e Supreme Court of Canada, or with a re-
determination under paragraph ( a), made in respect of other like goods of the same 
importer or owner imported on or before the date of importation of the goods in 
respect of which the re-determination is being made. 
 
Permissive re -determination 
 
(2)  The Commissioner may re-determine any determination or re-determination referred 
to in section 55, 56 or 57 or made under this secti on in respect of any imported goods at any time for 
the purpose of giving effect to a decision of a panel under Part I.1 or II with respect to the goods.  
Mandatory re-determination 
 
(3)  On a request made under subsection 58(1.1) or (2) to re-determine a determination 
under section 55 or a re-determination under section 57, the Commissioner shall 
 
(a)  in the case of a determination un der section 55 or a re-determination under 
paragraph 57( b), re-determine the determination or  re-determination within one year 
after the request under subsection 58(1.1) or (2) was made; and 
 
(b)  in the case of a re-determination under paragraph 57( a), re-determine the re-
determination within one year after the re quest under subsection 56 (1.01) or (1.1) was 
made. 
 
Notice of re-determination 
 
(3.1)  The Commissioner shall cause notice of  each re-determination under this section to 
be forwarded, by registered mail, to the impor ter and, where the imported goods are goods of a 
NAFTA country, to the government of that NAFTA  country, to such persons as may be prescribed 
and, if the re-determination gives effect to a d ecision of a panel under Part I.1, to the Canadian 
Secretary.  
Presumption 
 
(3.2)  A notice sent to the government of a NAFTA country pursuant to subsection (3.1) 
shall be deemed, for the purposes of this Act, to ha ve been received by that government ten days after 
the day on which it was mailed.   G/ADP/N/1/CAN/4 
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 Page 69 
 
 
Suspension of ss. (4) and (5) 
 
(3.3)  The operation of subsections (4) and (5) is suspended during the period in which 
subsections (3.1) and (3.2) are in force.  
Notice of re-determination 
 
(4)  The Commissioner shall cause notice of each re-determination under this section to 
be forwarded, by registered mail, to the impor ter and, where the imported goods are goods of the 
United States, to the United States government, to such  persons as may be prescribed and, if the re-
determination gives effect to a decision of a panel under Part II, to the Canadian Secretary.  
Presumption 
 
(5)  A notice sent to the United States govern ment pursuant to subsection (4) shall be 
deemed, for the purposes of this Act, to have been received by that government ten days after the day 
on which it was mailed. 
 R.S., 1985, c. S-15, s. 59; R.S., 1985, c. 1 (2nd Supp.), s. 206, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 40; 1993, c. 44, s. 215; 1999, c. 12, s. 34, c. 17, ss. 183, 184; 2002, c. 8, s. 171.  
Effect of re-determination 
 
60. (1) Where, in accordance with section 57 or  59, a re-determination as to whether any 
goods are goods described in paragraph 56(1)( a) or a re-determination of the normal value or export 
price of or the amount of subsidy or export subsidy on the goods has been made,  
(a)  the importer shall pay any additional dut y payable with respect to the goods, or 
 
(b)  the whole or a part of any duty, or duty a nd interest paid (other than interest that was 
paid because duties were not paid when re quired by subsection 32(5) or section 33 of 
the Customs Act ), in excess of the duties owing in respect of the goods shall be 
returned to the importer forthwith, 
 
if on the re-determination it is determined that the a dditional duty is payable or that the whole or the 
part of the duty paid was not payable, as the case may be.  
Decision of Commissioner 
 
(2)  Notwithstanding subsection 25(2), any duti es imposed, by virtue of this Act, on goods 
sold to an importer in Canada shall be included in the costs referred to in subparagraph 25(1)( c)(i) or 
(d)(v), as the case may be, where, in any re-det ermination referred to in subsection (1), the 
Commissioner is of the opinion that 
 
(a)  the goods were resold by the pe rson referred to in paragraph 25(1)( c) who purchased 
the goods from the importer or by a subsequent  purchaser at a price that is lower than 
the total of 
 
(i)  the price at which the seller acquired the goods, and  (ii)  the administrative, selling and all other costs directly or indirectly attributable 
to the sale of the goods; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 70 
 
 
(b)  the export price, determined under section 24, of the goods is unreliable for a reason 
set out in subparagraph 25(1)( b)(ii). 
 R.S., 1985, c. S-15, s. 60; 1994, c. 47, ss. 177, 185; 1999, c. 17, s. 183; 2001, c. 25, s. 96. 
 
Notice to be given 
 
60.1  If a determination or a re-determination has been made under section 55, subsection 
56(1) or section 57 or 59, notice of the determinati on or re-determination sha ll be given without delay 
to the importer in Canada. 2001, c. 25, s. 97. 
 
 
Appeal to Canadian International Trade Tribunal 
 
 
Appeal to the Tribunal 
 
61. (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-
determination of the Commissioner made pursuant to section 59 with respect to any goods may appeal 
therefrom to the Tribunal by filing a notice of appeal in writing with the Commissioner and the Secretary of the Tribunal within ninety days af ter the day on which the re-determination was made. 
 
Publication of notice of appeal 
 
(2)  Notice of the hearing of an appeal under subsection (1) must be published in the 
Canada Gazette  at least twenty-one days before the day of  the hearing, and any person who enters an 
appearance with the Secretary at least seven days before the day of the hearing may be heard on the 
appeal.  
Order or finding of the Tribunal 
 
(3)  On any appeal under subsection (1), the Tribunal may make such order or finding as 
the nature of the matter may require and, without limiting the generality of the foregoing, may declare 
what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclu sive subject to further 
appeal as provided in section 62.  
R.S., 1985, c. S-15, s. 61; R.S., 1985, c. 47 (4th Supp.), s. 52; 1993, c. 44, s. 216; 1999, c. 12, s. 35, c. 
17, s. 183.   
Appeal to Federal Court 
 
Appeal to Federal Court on question of law 
 
62. (1)  Any of the parties to an appeal under section 61, namely, 
 (a)  the person who appealed, 
 (b)  the Commissioner, or 
  G/ADP/N/1/CAN/4 
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 Page 71 
 
 
(c)  any person who entered an appearance in  accordance with subsection 61(2), if the 
person has a substantial interest in the a ppeal and has obtained leave from the Court 
or a judge thereof, 
 
may, within ninety days after the making of an order or finding under subsection 61(3), appeal 
therefrom to the Federal Court of Appeal on any question of law.  
Disposition of appeal 
 
(2)  The Federal Court of Appeal may dispo se of an appeal by making such order or 
finding as the nature of the matter may require and,  without limiting the generality of the foregoing, 
may 
 
(a)  declare what duty is payable or that no duty is payable on the goods with respect to 
which the appeal to the Tribunal was taken; or 
 
(b)  refer the matter back to the Tribunal for re-hearing. 
 
R.S., 1985, c. S-15, s. 62; R.S., 1985, c. 47 (4th Supp.), s. 52; 1990, c. 8, s. 72; 1999, c. 17, s. 183. 
 
62.1  [Repealed, 2001, c. 25, s. 98] 
 
63. to 75.  [Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52] 
  
Review of Orders and Findings 
 
Judicial Review 
 
Application for j udicial review 
 
76.  Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an 
order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of 
the grounds set out in subsection 18.1(4) of the Federal Courts Act . 
 R.S., 1985, c. S-15, s. 76; R.S., 1985, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 41; 1993, c. 44, s. 217; 
1999, c. 12, s. 36, c. 17, s. 183; 2002, c. 8, s. 182. 
  
Review of Orders and Findings by Tribunal 
 
Interim review of orders by Tribunal 
 
76.01  (1) At any time after the making of an order or finding described in any of sections 3 to 
6, the Tribunal may, on its own initiative or at  the request of the Minister of Finance, the 
Commissioner or any other person or of an y government, conduct an interim review of 
(a)  the order or finding; or 
 (b)  any aspect of the order or finding. 
 
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G/SCM/N/1/CAN/4 Page 72 
 
 
Tribunal may re-hear any matter 
 
(2)  In conducting an interim review, the Tri bunal may re-hear any matter before deciding 
it.  
Limitation 
 
(3)  The Tribunal shall not conduct an interim review at the request of any person or 
government unless the person or government satisfies the Tribunal that the review is warranted. 
 
Order if interim review not initiated 
 
(4)  If the Tribunal decides not to conduct an interim review at the request of a person or 
government, the Tribunal shall make an order to that effect and give reasons for it, and the Secretary 
shall forward a copy of the order and the reasons to  that person or government and cause notice of the 
order to be published in the Canada Gazette . 
 
Orders on completion of interim review 
 
(5)  The Tribunal, on completion of an interim review  (a)  under paragraph (1)( a), shall make an order rescindi ng the order or finding or 
continuing it with or without amendment, as the circumstances require, and shall give 
reasons for making the order; and 
 
(b)  under paragraph (1)( b), shall make any order in respect  of the order or finding as the 
circumstances require, and shall gi ve reasons for making the order. 
 
Completion of review 
 
(6)  On completion of an interim review, the Secretary shall 
 
(a)  forward to the Commissioner and any ot her persons and governments that are 
specified by the rules of the Tribunal, 
 
(i)  without delay after the review is completed, a copy of the order, and 
 
(ii)  not later than fifteen days after the da te of the order, a copy of the reasons for 
the order; and 
 
(b)  cause notice of the order to be published in the Canada Gazette . 
 
 
Expiry of order 
 
(7)  An order made on the completion of an interim review, other than an order rescinding 
an order or finding, expires 
(a)  if an expiry review is not initiated under subsection 76.03(3), five years after the day 
on which the order or finding that was the subject of the interim review was made; 
and 
 
(b)  if an expiry review is initiated under subsection 76.03(3), the day on which the 
Tribunal makes an order under subsection 76.03(12). 
 
1999, c. 12, s. 36, c. 17, s. 184.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 73 
 
   
Review on Referral Back 
 
Review of orders by Tribunal on referral back and re-hearing 
 
76.02  (1) If the Tribunal receives notice of  action taken under paragraph 41.1(1)( a) or (2)( a) 
in respect of goods to which an order or finding of  the Tribunal, other than an order or finding 
described in any of sections 3 to 6, applies, the Tr ibunal may, on its own initiative or at the request of 
the Minister of Finance, the Commissioner or an y other person or of any government, review the 
order or finding and, in conducting the review , may re-hear any matter before deciding it. 
 
Limitation 
 
(2)  The Tribunal shall not conduct a review at the request of any person or government 
unless the person or government satisfies th e Tribunal that a review is warranted. 
 
Review of orders by Tribunal on referral back and re-hearing 
 
(3)  If an order or finding of the Tribunal is referred back to the Tribunal under subsection 
77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding 
and, in conducting the review, may re-hear any matter before deciding it.  
Completion of review 
 
(4)  On completion of a review, the Tribunal shall confirm the order or finding or rescind 
it and make any other order or finding with respect to the goods to which the order or finding under 
review applies as the nature of the matter may re quire, shall give reasons for the decision and, if it 
makes another order or finding, shall declare to what goods, including, if applicable, from what 
supplier and from what country of export, the order or finding applies.  
Notice 
 
(5)  On completion of a review, the Secretary shall 
 
(a)  forward to the Commissioner and the other persons and governments that are 
specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary, 
 
(i)  without delay after the review is completed, a copy of the order or finding 
made under subsection (4), and 
 
(ii) not later than fifteen days after the completion of the review, a copy of the 
reasons for the decision; and 
 
(b)  cause notice of the order or finding to be published in the Canada Gazette . 
 
1999, c. 12, s. 36, c. 17, s. 184.   G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 74 
 
 
Expiry Review 
 
Order or finding deemed to be rescinded 
 
76.03  (1) If the Tribunal has not initiated an expi ry review under subsection (3) with respect 
to an order or finding described in any of sections  3 to 6 before the expiry of five years after 
whichever of the following days is  applicable, the order or finding is deemed to have been rescinded 
as of the expiry of the five years:  
(a)  if no order continuing the order or fi nding has been made under paragraph (12)( b), 
the day on which the order or finding was made; and 
 
(b)  if one or more orders continuing th e order or finding have been made under 
paragraph (12)( b), the day on which the last order was made. 
 
Publication of notice 
 
(2)  If an order or finding is to be deemed  rescinded under subsection (1), the Secretary 
shall, not later than ten months before the expiry date of the order or finding under that subsection, 
cause to be published in the Canada Gazette  a notice of expiry setting out the information specified in 
the rules of the Tribunal.  
Review of orders by Tribunal 
 
(3)  The Tribunal may initiate an expiry review  of an order or finding described in any of 
sections 3 to 6 
 
(a)  on its own initiative; or 
 (b)  at the request of the Minister of Finance, the Commissioner or any other person or of 
any government, if the request is made w ithin the period specified in the notice of 
expiry. 
 
Limitation 
 
(4)  The Tribunal shall not initiate an expiry  review at the request of any person or 
government unless the person or government satisfies  the Tribunal that a review is warranted. 
 
Order of refusal 
 
(5)  If the Tribunal decides not to initiate an expiry review at the request of a person or 
government, the Tribunal shall make an order to that effect and give reasons for it, and the Secretary 
shall forward a copy of the order and the reasons to  that person or government and cause notice of the 
order to be published in the Canada Gazette . 
 
Notice 
 
(6)  If the Tribunal decides to initiate an expi ry review, the Secretary shall without delay 
 
(a)  cause notice of the Tribunal's decision to be given to 
 
(i)  the Commissioner, and  
 
(ii)  all other persons and governments specified in the rules of the Tribunal;  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 75 
 
 
 
(b)  provide the Commissioner with a copy of the administrative record on which it based 
its decision to initiate a revi ew under subsection (3); and 
 
(c)  cause to be published in the Canada Gazette  notice of initiation of the review that 
includes the information set out in the rules of the Tribunal. 
 
If review initiated 
 
(7)  If the Tribunal decides to initiate an  expiry review, the Commissioner shall 
 
(a)  within one hundred and twenty days after receiving notice under subparagraph 
(6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a 
country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and 
 
(b)  provide the Secretary with notice of the determination without delay after making it. 
 
 
Consequences of Commi ssioner's determination 
 
(8)  If the Commissioner determines that the expi ry of the order or finding in respect of 
any goods is unlikely to result in a continuation or resumption of dumping or subsidizing, the Tribunal 
shall not take those goods into account in assessing the cumulative effect of dumping or subsidizing 
under subsection (11). 
 
Consequences of Commi ssioner's determination 
 
(9)  If the Commissioner determines that the expi ry of the order or finding in respect of 
any goods is likely to result in a continuation or resumption of dumping or subsidizing, the Commissioner shall without delay provide the Tri bunal with any information and material with 
respect to the matter that is required under the rules of the Tribunal. 
 
Tribunal's determination 
 
(10)  If the Commissioner makes a determinati on described in subsection (9), the Tribunal 
shall determine whether the expiry of the order or finding in respect of the goods referred to in that 
subsection is likely to result in injury or retardation. 
 
Assessment of cumulative effect 
 
(11)  For the purpose of subsection (10), the Tribunal shall make an assessment of the 
cumulative effect of the dumping or subsidizin g of goods to which the determination of the 
Commissioner described in subsection (9) applies th at are imported into Canada from more than one 
country if the Tribunal is satisfied that an assessme nt of the cumulative effect would be appropriate 
taking into account the conditions of competition be tween goods to which the order or finding applies 
that are imported into Canada from any of those countries and  
(a)  goods to which the order or finding applies that are imported into Canada from any 
other of those countries; or 
 
(b)  like goods of domestic producers. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 76 
 
 
Order of Tribunal 
 
(12)  The Tribunal shall make an order 
 (a)  rescinding the order or finding in respect of goods 
 
(i)  referred to in subsection (8), or  (ii)  in respect of which it determines that the expiry of the order or finding is 
unlikely to result in injury or retardation; or 
 
(b)  continuing the order or finding, with or without amendment, in respect of goods 
which it determines that the expiry of the order or finding is likely to result in injury or retardation. 
 1999, c. 12, s. 36, c. 17, s. 184. 
 
Separate order or finding 
 
76.04  (1) If a review under section 76.01, 76.02 or  76.03 involves goods of more than one 
NAFTA country, or of one or more NAFTA countries and goods of one or more other countries, and 
the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a 
separate order or finding under that section with  respect to the goods of each NAFTA country. 
 
Suspension of subsection (3) 
 
(2)  The operation of subsection (3) is susp ended during the period in which subsection 
(1) is in force.  
Separate order or finding 
 
(3)  If a review under section 76.01, 76.02 or 76.03 involves goods of the United States as 
well as goods of other countries and the Tribunal ma kes another order or finding under any of those 
sections, the Tribunal shall make a separate order or  finding under that section with respect to the 
goods of the United States.  1999, c. 12, s. 36.  
Request by Minister of Finance for review 
 
76.1 (1) Where at any time after the issuan ce, by the Dispute Settlement Body established 
pursuant to Article 2 of Annex 2 to the WTO Agreem ent, of a recommendation or ruling, the Minister 
of Finance considers it necessary to do so, having  regard to the recommendation or ruling, the 
Minister of Finance may request that  
(a)  the Commissioner review any decision, determination or re-determination or any 
portion of a decision, determination or re-determination made under this Act; or 
 
(b)  the Tribunal review any order or finding d escribed in any of sections 3 to 6, or any 
portion of such an order or finding and, in making the review, the Tribunal may re-hear any matter before deciding it. 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 77 
 
 
Result of review 
 
(2)  On completion of a review under subsec tion (1), the Commissioner or the Tribunal, 
as the case may be, shall  
(a)  continue the decision, determination, re-determination, order or finding without 
amendment; 
 
(b)  continue the decision, determination, re-determination, order or finding with any 
amendments that the Commissioner or the Tribunal, as the case may be, considers necessary; or 
 
(c)  rescind the decision, determination, re-det ermination, order or finding and make any 
other decision, determination, re-determination, order or finding that the Commissioner or the Tribunal, as the case may be, considers necessary. 
 
Reasons 
 
(3)  If a decision, determination, re-deter mination, order or finding is continued under 
paragraph (2)( a) or ( b) or made under paragraph (2)( c), the Commissioner or the Tribunal, as the case 
may be, shall give reasons for doing so and shall set  out to what goods, including, if practicable, the 
name of the supplier and the country of export, the decision, determination, re-determination, order or 
finding applies.  
Notification of Minister of Finance 
 
(4)  The Commissioner or the Tribunal, as the case may be, shall notify the Minister of 
Finance of any decision, determination, re-det ermination, order or finding continued under 
paragraph (2)( a) or ( b) or made under paragraph (2)( c). 
 
Deeming 
 
(5)  Any decision, determination or re-d etermination continued by the Commissioner 
under paragraph (2)( b) or made by the Commissioner under paragraph (2)( c) is deemed to have been 
made under  
(a)  paragraph 41(1)( a), if the decision or determination was continued or made as a result 
of a review under this section of a final determination of the Commissioner under that 
paragraph; 
 
(b)  paragraph 41(1)( b), if the decision or determination was continued or made as a result 
of a review under this section of a decisi on of the Commissioner under that paragraph 
to cause an investigation to be terminated; 
 
(c)  subsection 53(1), if the decision or dete rmination was continued or made as a result 
of a review under this section of a decision of the Commissioner under that subsection to renew or not to renew an undertaking; or 
 
(d)  subsection 59(1), (1.1) or (2), if the re -determination was continued or made as a 
result of a review under this section of a re-determination by the Commissioner under 
either of those subsections. 
 1994, c. 47, s. 179; 1999, c. 12, s. 37, c. 17, ss. 183, 184.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 78 
 
  
Rescission of Orders and Findings 
 
Goods of Chile 
 
77.  If the Tribunal has made an order or fi nding resulting in the levying of anti-dumping 
duties in respect of goods of Chile that are subseque ntly exempted from the application of this Act by 
regulations made under section 14, the Tribunal shall r escind the order or finding to the extent that it 
relates to the dumping of those goods.  R.S., 1985, c. S-15, s. 77; R.S., 1985, c. 47 (4th Supp.), s. 52; 1997, c. 14, s. 92. 
 
 
PART I.1 
 
DISPUTE SETTLEMENT RESPECTING GOODS OF A NAFTA COUNTRY 
 
Interpretation 
 
Definitions 
 
77.01  (1) In this Part, 
 
"appropriate authority" « autorité compétente  » 
 
"appropriate authority", in relation to a defin itive decision, means either the Commissioner or 
the Tribunal, according to which made the decision; 
 
"committee" « comité  » 
 
"committee" means an extrao rdinary challenge committee appointed pursuant to section 
77.018;  
"definitive decision" « décisions finales  » 
 
"definitive decision" means 
 
(a)  a final determination of the Commissioner under paragraph 41(1)( a), 
 
(b)  a decision of the Commissioner under paragraph 41(1)( b) to cause an investigation to 
be terminated, 
 
(c)  an order or finding of the Tribunal under subsection 43(1), 
 (d)  a decision of the Commissioner under subsection 53(1) to renew or not to renew an 
undertaking, 
 
(e)  a re-determination of the Commissioner under subsection 59(1), 
 (f)  a re-determination of the Commissioner under subsection 59(3), 
 (f.1)  a re-determination of the Commissioner under subsection 59(1.1), 
 
(g)  an order of the Tribunal unde r subsection 76.01(4) or 76.03(5),  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 79 
 
 
 (h)  an order of the Tribunal unde r subsection 76.01(5) or 76.03(12), 
 (i)  an order or finding of the Tribunal un der subsection 76.02(4) respecting a review 
under subsection 76.02(1), 
 
(i.1)  an order or finding of the Tribunal under paragraph 76.1(2)( b) or ( c), or 
 (j)  an order or finding of the Tribunal under subsection 91(3) 
in so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not 
include any such determination, re-determination, decision, order or finding that is made for the 
purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada 
relating to those goods;  
"Minister" « ministre  » 
 
"Minister" means the Minister for International Trade; 
 
"NAFTA country Secretary" « secrétaire national  » 
 
"NAFTA country Secretary" means the secretary of the national Section of the Secretariat 
provided for in Article 2002 of the North American Free Trade Agreement;  
"panel" « groupe spécial  » 
 
"panel" means a panel appointed pursuant to section 77.013; 
 
"rules" « règles  » 
 
"rules" means the rules of procedure, as am ended from time to time, made pursuant to 
Chapter Nineteen of the North American Free Trade Agreement;  
"special committee" « comité spécial  » 
 
"special committee" means a special committe e appointed pursuant to  subsection 77.023(2). 
 
Inconsistency 
 
(2)  In the event of any inconsistency between the provisions of this Part and the 
provisions of the Federal Courts Act , the provisions of this Part prevail to the extent of the 
inconsistency.  
1993, c. 44, s. 218; 1994, c. 47, s. 180; 1999, c. 12, s. 38, c. 17, ss. 183, 184; 2002, c. 8, ss. 172, 182. 
  
Request for Review 
 
Request for review of definitive decision 
 
77.011  (1) The Minister or the government of a NAFTA country, the goods of which are the 
subject of a definitive decision, may request, in acc ordance with paragraph 4 of Article 1904 of the 
North American Free Trade Agreement, that the defin itive decision, in so far as it applies to goods of 
that NAFTA country, be reviewed by a panel.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 80 
 
 
Idem  
 
(2)  Any person who, but for section 77.01 2, would be entitled to apply under the Federal 
Courts Act  or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a 
definitive decision may, in accordance with paragra ph 4 of Article 1904 of the North American Free 
Trade Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed 
by a panel.  
Deeming 
 
(3)  A request made under subsection (2) shall be  deemed to be a request by the Minister 
for binational panel review within the meaning of paragraph 4 of Article 1904 of the North American 
Free Trade Agreement. 
 
Limitation period 
 
(4)  A request under subsection (1) or (2) may only be made within thirty days after the 
day on which notice of the definitive decision is published in the Canada Gazette  or, in the case of a 
re-determination of the Commissioner under subsection 59( 1) or (3), within thirty days after the day 
on which notice of the re-determination is received by the government of a NAFTA country. 
 
Grounds for request 
 
(5)  A request under subsection (1) or (2) for the review of a definitive decision may be 
made only on a ground set forth in subsection 18.1(4) of the Federal Courts Act . 
 
Notification of request for review 
 
(6) On receiving a request from the governme nt of a NAFTA country under subsection 
(1) or on receiving a request under subsection (2), th e Canadian Secretary shall notify the Minister 
and the appropriate NAFTA country Secretary of th e request and the day on which it was received by 
the Canadian Secretary.  
No application or appeal 
 
(7)  Where a request is made under subsection (1) or (2) for the review of a definitive 
decision by a panel, no person or  government may apply under the Federal Courts Act  or section 96.1 
of this Act or appeal under section 61 of this Act in respect of the decision.  1993, c. 44, s. 218; 1999, c. 17, s. 183; 2002, c. 8, s. 182.  
Applications and appeals 
 
77.012  (1) No person or government may apply under the Federal Courts Act  or section 96.1 
of this Act or appeal under section 61 of this Act in respect of a definitive decision 
 
(a)  before the expiry of the period of thirty days after 
 
(i)  the day on which the definitive decision is published in the Canada Gazette , 
or 
 
(ii)  in the case of a re-determination of the Commissioner under subsection 59(1), 
(1.1) or (3), the day on which notice of the re-determination is received by the 
government of a NAFTA country; and 
  G/ADP/N/1/CAN/4 
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 Page 81 
 
 
(b)  unless the person or government has, within  twenty days after the day on which that 
period commences, given notice of the inten tion to make such an application or 
appeal in writing to the Canadian Secr etary and the appropriate NAFTA country 
Secretary and in the prescribed manner to any other person who, but for this section, 
would be entitled to so apply or appeal. 
 
Limitation period extended 
 
(2)  For the purpose of permitting a gove rnment or person to apply under the Federal 
Courts Act  or section 96.1 of this Act in respect of a definitive decision after the expiration of the 
limitation period established by paragraph 4 of Article 1904 of the North American Free Trade 
Agreement for requesting a review of the decision , the limitation period referred to in subsection 
18.1(2) of the Federal Courts Act  and subsection 96.1(3) of this Act is extended by ten days and shall 
be calculated as commencing on the day on which th e limitation period established by that paragraph 
commences.  1993, c. 44, s. 218; 1999, c. 12, s. 39, c. 17, s. 184; 2002, c. 8, s. 182.  
 
Establishment of Panels 
 
Appointment of panel 
 
77.013  (1) On a request under section 77.011 for the review of a definitive decision by a 
panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 
1901.2 to Chapter Nineteen of the North American  Free Trade Agreement and any regulations made 
in connection therewith.  
Judges may be appointed 
 
(2)  Judges of any superior court in Canada  and persons who are retired judges of any 
superior court in Canada are eligib le to be appointed to a panel. 
 
Single panel 
 
(3)  Where a request is made for the review of a final determination of the Commissioner 
under paragraph 41(1)( a) that applies to or is made in respect  of particular goods of a NAFTA country 
and another request is made for the review of an order or finding of the Tribunal under subsection 
43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the 
Minister and the government of that NAFTA country, be appointed to review the final determination 
and the order or finding. 
 1993, c. 44, s. 218; 1999, c. 17, s. 183.  
Administrative record forwarded 
 
77.014  On the appointment of the members of a panel to review a definitive decision, the 
appropriate authority shall cause a copy of the admi nistrative record to be forwarded in accordance 
with the rules.  1993, c. 44, s. 218.   G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 82 
 
 
Review by Panel 
 
Conduct of review 
 
77.015  (1) A panel shall conduct a review of a de finitive decision in acco rdance with Chapter 
Nineteen of the North American Fr ee Trade Agreement and the rules. 
 
Powers of panel 
 
(2)  A panel has such powers, rights a nd privileges as are conferred on it by the 
regulations.  
Disposition after review 
 
(3)  On completion of the review of a defini tive decision, a panel shall determine whether 
the grounds on which the review was requested ha ve been established and shall make an order 
confirming the decision or referring the matter back to the appropriate authority for reconsideration 
within the period specified by the panel.  
Review of action of appropriate authority 
 
(4)  A panel may, on its own initiative or on a request made in accordance with the rules, 
review the action taken by the appropriate author ity pursuant to an order under subsection (3) and 
make a further order as described in that subsecti on within ninety days after the day on which the 
Canadian Secretary receives notice of the action.  
Decision 
 
(5)  A decision of a panel shall be recorded in writing and shall include the reasons for the 
decision and any dissenting or conc urring opinions of members of the panel, and the Canadian 
Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to 
subsection (3) or (4) to the Minister, the government  of the NAFTA country involved, the appropriate 
authority and any other person who was heard in the review and shall cause notice of the decision to 
be published in the Canada Gazette . 
 
1993, c. 44, s. 218. 
  
Action on Decision of Panel 
 
Action by appropriate authority 
 
77.016  (1) Where a panel makes an order under s ubsection 77.015(3) or (4) or takes any 
action under subsection 77.019(5) referring a matte r back to the appropriate authority for 
reconsideration, the appropriate authority shall, w ithin the period specified by the panel, take action 
under this Act not inconsistent w ith the decision of the panel. 
 
Appropriate authority not required to act twice 
 
(2)  Notwithstanding any other provision of th is Act, an appropriate authority is not 
required to act on an order under subsection 77.015(4), unless it requires the authority to take action 
that is different from that taken by the aut hority under the order under subsection 77.015(3). 
1993, c. 44, s. 218.  
  G/ADP/N/1/CAN/4 
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 Page 83 
 
 
Extraordinary Challenge Proceeding 
 
Request for extraordinary challenge proceeding 
 
77.017  (1) Within the period after a panel makes an order under subsection 77.015(3) or (4) 
prescribed by the rules, the Minister or the government of the NAFTA country to which the order 
relates may request, in writing to the Canadian Secr etary, that an extraordinary challenge proceeding 
be commenced with respect to the order.  
Ground for request 
 
(2)  A request for an extraordinary challe nge proceeding may be made only on a ground 
set forth in paragraph 13 of Article 1904 of the North American Free Trade Agreement. 
 
Notification of request for extraordinary challenge proceeding 
 
(3)  On receiving a request under this sec tion made by the Minister, the Canadian 
Secretary shall notify the appropriate NAFTA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on  receiving a request under this section made by the 
government of a NAFTA country, the Canadian Secret ary shall notify the Minister of the request and 
the day on which it was received by the Canadian Secretary. 
 1993, c. 44, s. 218.  
Appointment of extraordinary challenge committee 
 
77.018  On a request under section 77.017 for an  extraordinary challenge proceeding, an 
extraordinary challenge committee shall be appointed  for that purpose in accordance with paragraph 1 
of Annex 1904.13 to Chapter Nineteen of th e North American Free Trade Agreement and any 
regulations made in connection therewith.  1993, c. 44, s. 218.  
Conduct of extraordinary challenge proceeding 
 
77.019  (1) A committee shall conduct an extraord inary challenge proceeding and make a 
decision in accordance with Annex 1904.13 to Chap ter Nineteen of the North American Free Trade 
Agreement and the rules.  
Powers of committee 
 
(2)  A committee has such powers, rights and privileges as are conferred on it by the 
regulations. 
 
Where no grounds 
 
(3)  Where a committee conducting an extrao rdinary challenge proceeding determines 
that the grounds in the request for the proceedi ng are not established, the committee shall deny the 
request, and the decision of the panel in respect of  which the request was made shall stand affirmed. 
 
New panel 
 
(4)  Where an order of a panel is set aside by a committee, a new panel shall, in 
accordance with this Part, be appoi nted and conduct a review of the definitive decision that was the 
subject of that order. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 84 
 
  
Action by panel 
 
(5)  Where an order of a panel is referred back to the panel by a committee, the panel shall 
take action not inconsistent with the decision of the committee. 
 
Decision 
 
(6)  A decision of a committee shall be record ed in writing and shall include the reasons 
for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered ma il, a copy thereof and of the order made by the 
committee to the Minister, the government of the NAFTA country involved, the appropriate authority and any other person who was heard in the proceed ing and shall cause notice of the decision to be 
published in the Canada Gazette . 
 1993, c. 44, s. 218.  
Orders and decisions final 
 
77.02  (1) Subject to subsection 77.015(4) and section 77.019, an order or decision of a panel 
or committee is final and binding and is not subject to appeal. 
 
No review 
 
(2)  Subject to subsection 77.015(4) and sec tion 77.019, no order, decision or proceeding 
of a panel or committee made or carried on under, or purporting to be made or carried on under, this 
Act shall be 
 
(a)  questioned, reviewed, set aside, removed, prohibited or restrained, or 
 (b)  made the subject of any proceedings in, or  any process or order of, any court, whether 
by way of or in the nature of injunction, certiorari , prohibition, quo warranto , 
declaration or otherwise, 
 
on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the panel or committee to make or carry on or that, in the course of any proceeding, the panel or 
committee for any reason exceeded  or lost jurisdiction. 
 
No references 
 
(3)  Subsection 18.3(1) of the Federal Courts Act  does not apply to a panel, committee or 
special committee.  1993, c. 44, s. 218; 2002, c. 8, s. 182.  
 
Members 
 
Code of conduct 
 
77.021  (1) Every member of a panel, committee or  special committee shall comply with the 
code of conduct, as amended from time to time,  established pursuant to Article 1909 of the North 
American Free Trade Agreement. 
  G/ADP/N/1/CAN/4 
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 Page 85 
 
 
Disclosure undertaking respectin g confidential information 
 
(2)  Every member of a panel and every pr escribed person shall sign and comply with a 
disclosure undertaking, in the prescribed form, re specting the disclosure and use of confidential, 
personal, business proprietary and other privileged or  prescribed information made available to the 
member or person in pro ceedings under this Part. 
 
Immunity 
 
(3)  Subject to section 77.034, no action or other proceeding lies or shall be commenced 
against a member of a panel for or in respect of anything done or omitted to  be done, or purported to 
be done or omitted to be done, under this Part. 
 
1993, c. 44, s. 218; 1999, c. 17, s. 183. 
 
Remuneration and expenses of panel members 
 
77.022  Every member of a panel shall be paid such  remuneration and is entitled to such travel 
and living expenses incurred in the performance of th e member's duties under this Part as are fixed by 
the Free Trade Commission established pursuant to  Article 2001 of the North American Free Trade 
Agreement. 
 1993, c. 44, s. 218.   
Review by Special Committee 
 
Request for review 
 
77.023  (1) A request for a review by a special committee may be made to the Canadian 
Secretary by the government of a NAFTA country onl y with respect to an allegation referred to in 
Article 1905.1 of the North American Free Trade Agreement.  
Appointment of special committee 
 
(2)  On a request for a review referred to in  subsection (1), a special committee shall be 
appointed for that purpose in accordance with A nnex 1904.13 of the North American Free Trade 
Agreement and any regulations made in connection therewith.  1993, c. 44, s. 218. 
 
Stay of panel reviews and committee proceedings 
 
77.024  (1) Subject to subsection (2), where a sp ecial committee makes an affirmative finding 
against a NAFTA country pursuant to a request made by  Canada in respect of an allegation referred to 
in Article 1905.1 of the North American Free Trade Agreement, the Minister shall stay all  
(a)  panel reviews under section 77.011, and 
 (b) committee proceedings under section 77.017 
 
that were requested by the government or a pers on of that NAFTA country after the date on which 
consultations were requested un der Article 1905.1 of the North American Free Trade Agreement. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 86 
 
 
Exception 
 
(2)  Subsection (1) does not apply in respect of a panel review or committee proceeding 
that was requested more than one hundred and fifty da ys prior to the affirmative finding by the special 
committee. 
 
1993, c. 44, s. 218.  
Stay on request 
 
77.025  Where a special committee makes an affirm ative finding against Canada pursuant to a 
request made by the government of a NAFTA count ry, the government of that NAFTA country may 
request that the Minister stay all 
 
(a)  panel reviews under section 77.011, and 
 (b)  committee proceedings under section 77.017 
 
that were requested by the government or a person of that NAFTA country, and where such a request 
for a stay is made the Minister shall stay all such reviews and proceedings.  1993, c. 44, s. 218.  
When stay becomes effective 
 
77.026  Where the Minister stays panel reviews and committee proceedings, the stay shall 
become effective  
(a)  where the stay is made under section 77.0 24, on the day following the date on which 
the special committee made the affirmative finding; and 
 
(b)  where the stay is made under section 77.0 25, on the day following the date on which 
the request for the stay was made. 
 
1993, c. 44, s. 218.  
Suspension of time periods 
 
77.027  Where a special committee makes an affirm ative finding against Canada or a NAFTA 
country pursuant to a request made by the government  of a NAFTA country or Canada in respect of 
an allegation referred to in Article 1905.1 of  the North American Free Trade Agreement, 
 
(a)  the time periods provided for in subsec tion 77.011(4) for requesting a panel review 
and in subsection 77.017(1) for requesting committee proceedings in respect of goods 
of that NAFTA country, and 
 
(b)  the time periods provided in the Federal Courts Act , and in section 61 and subsection 
96.1(3) of this Act, for appealing, or  for requesting judicial review of, any 
determination, re-determination, decision or order referred to in the definition 
"definitive decision" in subsection 77.01( 1) in respect of goods of that NAFTA 
country, 
shall not run unless and until resumed in  accordance with subsection 77.033. 
 1993, c. 44, s. 218; 2002, c. 8, s. 182.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 87 
 
  
Suspension of panel process 
 
77.028  (1) The Minister may suspend the operation of Article 1904 of the North American 
Free Trade Agreement with respect to goods of a NAFTA country 
 
(a)  at any time after the expiration of sixty days, but not later than ninety days, following 
an affirmative finding against the NAFTA country by a special committee requested 
by Canada under Article 1905.2 of the No rth American Free Trade Agreement; and 
 
(b)  at any time where the government of the NAFTA country has suspended the 
operation of Article 1904 of the North Ameri can Free Trade Agreement with respect 
to goods of Canada following an affirma tive finding by a special committee against 
Canada. 
 
Notice of suspension 
 
(2)  Where the Minister suspends the operation of Article 1904 of the North American 
Free Trade Agreement under subsection (1) with resp ect to goods of a NAFTA country, the Canadian 
Secretary shall forward a written notice of the susp ension to the NAFTA country Secretary of that 
NAFTA country and shall publish a notice of the suspension in the Canada Gazette . 
 1993, c. 44, s. 218.  
Suspension of benefits 
 
77.029  (1) The Governor in Council, on the recommendation of the Minister of Finance and 
the Minister, may, by order, at any time after the expiration of sixty days, but in no case later than ninety days, following an affirmative finding ag ainst a NAFTA country by a special committee 
requested by Canada under Article 1905.2 of the No rth American Free Trade Agreement, suspend the 
application to that NAFTA country of such bene fits under the North American Free Trade Agreement 
as the Governor in Council considers appropriate in the circumstances. 
 
Powers 
 
(2)  For the purpose of suspending the applic ation to a NAFTA count ry of benefits under 
subsection (1), the Governor in Council may do any one or more of the following things:  
(a)  suspend rights or privileges granted by Ca nada to that country or to goods, service 
providers, suppliers, investors or investments of that country under the North American Free Trade Agreement or an Act of Parliament; 
 
(b)  modify or suspend the application of any fe deral law with respect to that country or to 
goods, service providers, suppliers, invest ors or investments of that country; 
 
(c)  extend the application of any federal la w to that country or to goods, service 
providers, suppliers, investors or investments of that country; and 
 (d)  generally take such action as the Governor in Council considers necessary for that 
purpose. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 88 
 
 
Period of order 
 
(3)  Unless revoked, an order made under subsec tion (1) shall have effect for such period 
as is specified in the order.  
Definitions 
 
(4)  In this section, "federal law" means the whole or any portion of any Act of Parliament 
or regulation, order or other instrument issued, made or established in the exercise of a power 
conferred by or under an Act of Parliament.  
Order not a statutory instrument 
 
(5)  An order made under subsection (1) is not  a statutory instrument for the purposes of 
the Statutory Instruments Act . 
 
Action consistent with determination 
 
(6)  Whenever, after an order is made under subsection (1), the special committee referred 
to in that subsection makes a determ ination pursuant to paragraph 1905.10( a) of the North American 
Free Trade Agreement, the Governor in Council shall take action consistent w ith that determination. 
 
1993, c. 44, s. 218. 
 
Only one section applies 
 
77.03   Where the operation of Article 1904 of the North American Free Trade Agreement is 
suspended under section 77.028 in respect of a NAF TA country, benefits unde r Article 1905.2 of the 
North American Free Trade Agreement may not be suspended under section 77.029 in respect of that 
NAFTA country, and where benefits under Artic le 1905.2 of the North American Free Trade 
Agreement are suspended under section 77.029 in respect of a NAFTA country, the operation of 
Article 1904 of the North American Free Trade Agreement may not be suspended under section 
77.028 in respect of that NAFTA country.  1993, c. 44, s. 218. 
 
Referral to Federal Court of Appeal 
 
77.031  (1) Where the Minister suspends the opera tion of Article 1904 of the North American 
Free Trade Agreement under paragraph 77.028(1)( a) and 
 
(a)  where any panel review is stayed under subsection 77.024(1), the Minister, the 
government of the NAFTA country, or any party to the stayed panel review may, 
within thirty days after the date of the suspension, apply to the Federal Court of 
Appeal for review of the definitive decisi on that has been the subject of the panel 
review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act ; or 
 
(b)  where any committee proceeding is stayed  under subsection 77.024(1), the Minister, 
the government of the NAFTA country, or any party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the 
Federal Court of Appeal for review of the definitive decision that has been the subject 
of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act . 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 89 
 
 
Idem  
 
(2)  Where the government of a NAFTA country suspends the operation of Article 1904 
of the North American Free Trad e Agreement with respect to goods  of Canada under Article 1905.8 
of the North American Free Trade Agreement and 
 
(a)  where any panel review is stayed under section 77.025, the government of the 
NAFTA country, or persons of that NAFTA country who were party to the stayed 
panel review may, within thirty days afte r the date of the suspension, apply to the 
Federal Court of Appeal for review of the definitive decision that has been the subject 
of the panel review, on any grounds se t out in subsection 18.1(4) of the Federal 
Courts Act ; or 
 
(b)  where any committee proceeding is stay ed under section 77.025, the government of 
the NAFTA country, or persons of that NAFTA country who were party to the stayed committee proceeding may, within thirty days  after the date of the suspension, apply 
to the Federal Court of Appeal for review of the definitive decision that has been the 
subject of the original panel decision revi ewed by the committee, on any grounds set 
out in subsection 18.1(4) of the Federal Courts Act . 
 
Idem  
 
(3)  For the purposes of subsections (1) and (2 ), where any application has been made to 
the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not 
be subsequently reviewed by a panel or committe e if the suspension of Article 1904 is terminated 
pursuant to section 77.032.  1993, c. 44, s. 218; 2002, c. 8, s. 182.  
Termination of suspension 
 
77.032  The Minister shall terminate any suspension effected under subsection 77.028(1) if a 
special committee reconvened pursuant to Artic le 1905.10 of the North American Free Trade 
Agreement determines that the problems in resp ect of which the special committee's affirmative 
finding was based have been corrected.  
1993, c. 44, s. 218. 
 
Resumption 
 
77.033  All panel reviews and committee proceedings  stayed under subsection 77.024(1) or 
section 77.025 and any running of the time peri ods suspended under section 77.027 shall resume 
 
(a)  where the operation of Article 1904 of the North American Free Trade Agreement is 
not suspended under paragraph 77.028(1)( a), on the expiration of ninety days after 
the date on which an affirmative finding was made or on such earlier day as the 
Minister may specify; or 
 
(b)  where benefits are suspended under section 77.029. 
 
1993, c. 44, s. 218.   G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 90 
 
 
Offence 
 
Offence 
 
77.034  (1) Every person commits an offence w ho contravenes or fails to comply with 
 
(a)  a disclosure undertaking under subsection 77.021(2); 
 (b)  the rules respecting the disclosure and use of confidential, personal, business 
proprietary or other privileged or prescribed information; or 
 
(c)  a disclosure order or protective order c overing personal, business proprietary or other 
privileged or prescribed information ma de under the law of any NAFTA country 
giving effect to the North American 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 su mmary conviction and liable to a fine not 
exceeding one hundred thousand dollars. 
 
Consent 
 
(3)  No proceedings for an offence under th is section shall be instituted without the 
consent in writing of the Attorney General of Canada.  1993, c. 44, s. 218. 
 
 
Regulations 
 
Regulations 
 
77.035  The Governor in Council may, on the recommendation of the Minister and the 
Minister of Finance, make regulations 
 
(a)  conferring on a panel, committee or special committee such powers, rights and 
privileges as the Governor in Council deems necessary for giving effect to Chapter 
Nineteen of the North American Free Tr ade 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 res ponsibility 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, of Chapter Nineteen of the North American Free 
Trade Agreement; and 
 
(d)  generally for carrying out the purposes and provisions of this Part.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 91 
 
 
 
1993, c. 44, s. 218.  
Publication in Canada Gazette 
 
77.036  The rules, the code of conduct established pursuant to Article 1909 of the North 
American Free Trade Agreement and any amendments made to the rules or code shall be published in 
the Canada Gazette . 
 1993, c. 44, s. 218.  
 
Application of Acts 
 
Application 
 
77.037  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 Parlia ment providing for judicial review of a 
definitive decision or setting forth the grounds for such a review 
 that comes into force after the comi ng into force of this section shall be applied in respect of goods of 
a NAFTA country, unless it is expressly declared by an Act of Parliament that the provision applies in respect of goods of that NAFTA country. 
 
1993, c. 44, s. 218.  
Suspension of Part II 
 
77.038  The operation of Part II is suspended during the period in which this Part is in force. 
 
1993, c. 44, s. 218. 
  
PART II 
 
DISPUTE SETTLEMENT RESPECTING GOODS OF THE UNITED STATES 
 
Interpretation 
 
Definitions 
 
77.1 (1) In this Part, 
 
 
"American Secretary" « secrétaire américain » 
 
"American Secretary" means the secretary of the United States section of the Secretariat 
provided for by Article 1909 of the Free Trade Agreement; G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 92 
 
  
"appropriate authority" « autorité compétente » 
 
"appropriate authority", in relation to a defin itive decision, means either the Commissioner or 
the Tribunal, according to which made the decision; 
 
"committee" « comité » 
 
"committee" means an extrao rdinary challenge committee appointed pursuant to section 
77.18;  
"definitive decision" « décisions finales » 
 
"definitive decision" means 
 
(a)  a final determination of the Commissioner under paragraph 41(1)( a), 
 (b)  a decision of the Commissioner under paragraph 41(1)( b) to cause an investigation to 
be terminated, 
 
(c)  an order or finding of the Tribunal under subsection 43(1), 
 (d)  a decision of the Commissioner under subsection 53(1) to renew or not to renew an 
undertaking, 
 
(e)  a re-determination of the Commissioner under subsection 59(1), 
 (f)  a re-determination of the Commissioner under subsection 59(3), 
 (f.1)  a re-determination of the Commissioner under subsection 59(1.1), 
 
(g)  an order of the Tribunal unde r subsection 76.01(4) or 76.03(5), 
 (h)  an order of the Tribunal unde r subsection 76.01(5) or 76.03(12), 
 (i)  an order or finding of the Tribunal un der subsection 76.02(4) respecting a review 
under subsection 76.02(1), 
 
(i.1)  an order or finding of the Tribunal under paragraph 76.1(2)( b) or ( c), or 
 (j)  an order or finding of the Tribunal under subsection 91(3) 
 
that applies to or in respect of particular goods of the United States, but does not include any such 
determination, re-determination, decision, order or finding that is made for the purpose of giving 
effect to a decision of the Federal Court of Appeal  or the Supreme Court of Canada relating to those 
goods;  
"Minister" « ministre » 
 
"Minister" means the Minister for International Trade; 
 
"panel" « groupe spécial » 
 
"panel" means a panel appointed pursuant to section 77.13;  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 93 
 
  
"rules" « règles » 
 
"rules" means the rules of procedure, as am ended from time to time, made pursuant to 
Chapter Nineteen of the Free Trade Agreement; 
 
"Secretariat" « Secrétariat » 
 
"Secretariat" means the Canadian Secretariat established by section 77.23. 
 
Inconsistency 
 
(2)  In the event of any inconsistency between the provisions of this Part and the 
provisions of the Federal Courts Act , the provisions of this Part prevail to the extent of the 
inconsistency. 
 
1988, c. 65, s. 42; 1994, c. 47, s. 181; 1999, c. 12, s. 40, c. 17, ss. 183, 184; 2002, c. 8, ss. 173, 182.   
Request for Review 
 
Request for review of definitive decision 
 
77.11  (1) The Minister or the United States gove rnment may request, in accordance with 
paragraph 4 of Article 1904 of the Free Trade Agreemen t, that a definitive decision be reviewed by a 
panel.  
Idem  
 
(2)  On a request made to the Canadian Secretary by any person who, but for section 
77.12, would be entitled to a pply under section 28 of the Federal Courts Act  or section 96.1 of this 
Act or to appeal under section 61 of this Act in re spect of a definitive decision, the Minister shall 
request, in accordance with paragraph 4 of Arti cle 1904 of the Free Trade Agreement, that the 
definitive decision be reviewed by a panel.  
Limitation period 
 
(3)  No request shall be made to the Cana dian Secretary under subsection (2) more than 
twenty-five days after the day on which notice of the definitive decision is published in the Canada 
Gazette  or, in the case of a re-determination of the Commissioner under subsection 59(1) or (3), the 
day on which notice of the re-determination is received by the United States government.  
Grounds for request 
 
(4)  A request by the Minister for the review of a definitive decision may be made only on 
a ground set forth in subsection 28(1) of the Federal Courts Act . 
 
Notification of request for review 
 
(5)  On receiving a request under this sec tion made by the Minister, the Canadian 
Secretary shall notify the American Secretary of th e request and the day on which it was received by 
the Canadian Secretary, and on receiving a request under this section made by the United States 
government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 94 
 
 
No application or appeal 
 
(6)  Where a request is made by the Minister or the United States government for the 
review of a definitive decision by a panel, no person or government may apply under section 18 or 28 
of the Federal Courts Act  or section 96.1 of this Act or appeal under section 61 of this Act in respect 
of the decision. 
 1988, c. 65, s. 42; 1999, c. 17, s. 183; 2002, c. 8, s. 182.  
Applications and appeals 
 
77.12  (1) No person or government may apply under section 18 or 28 of the Federal Courts 
Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of a definitive decision 
 
(a)  before the expiry of the period of thirty days after 
 
(i)  the day on which the definitive decision is published in the Canada Gazette , 
or 
 
(ii)  in the case of a re-determination of the Commissioner under subsection 59(1), 
(1.1) or (3), the day on which notice of the re-determination is received by the 
United States; and 
 
(b)  unless the person or government has, within  twenty days after the day on which that 
period commences, given notice of the inten tion to make such an application or 
appeal in writing to the Canadian Secret ary and the American Secretary and in the 
prescribed manner to any other person who, but for this section, would be entitled to 
so apply or appeal. 
 
Limitation period extended 
 
(2)  For the purpose of permitting a government  or person to apply under section 28 of the 
Federal Courts Act  or section 96.1 of this Act in respect of a definitive decision after the expiration of 
the limitation period established by paragraph 4 of Article 1904 of the Free Trade Agreement for 
requesting a review of the decision, the ten day lim itation period referred to in subsection 28(2) of the 
Federal Courts Act  and subsection 96.1(3) of this Act is extended by thirty days and shall be 
calculated as commencing on the day on which the limitation period established by that paragraph 
commences.  1988, c. 65, s. 42; 1999, c. 12, s. 41, c. 17, s. 184; 2002, c. 8, s. 182.   
Establishment of Panels 
 
Appointment of panel 
 
77.13  (1) On a request under section 77.11 for the revi ew of a definitive decision by a panel, a 
panel shall be appointed for that purpose in accord ance with paragraphs 1 to  4 of Annex 1901.2 to 
Chapter Nineteen of the Free Trade Agreement a nd any regulations made in connection therewith. 
 
Single panel 
 
(2)  Where a request is made for the review of a final determination of the Commissioner 
under paragraph 41(1)( a) that applies to or in respect of particular goods of the United States and  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 95 
 
 another request is made for the review of an orde r or finding of the Tribunal under subsection 43(1) 
that applies to or in respect of those goods, one pa nel may, with the consent of the Minister and the 
United States government, be appointed to review th e final determination and the order or finding. 
 
1988, c. 65, s. 42; 1999, c. 17, s. 183. 
 
Administrative record forwarded 
 
77.14   On the appointment of the members of a panel to review a definitive decision, the 
appropriate authority shall cause a copy of the admi nistrative record to be forwarded in accordance 
with the rules. 
 
1988, c. 65, s. 42.   
Review by Panel 
 
Conduct of review 
 
77.15  (1) A panel shall conduct a review of a de finitive decision in acco rdance with Chapter 
Nineteen of the Free Trade Agreement and the rules.  
Powers of panel 
 
(2)  A panel has such powers, rights a nd privileges as are conferred on it by the 
regulations. 
 
Disposition after review 
 
(3)  On completion of the review of a defini tive decision, a panel shall determine whether 
the grounds on which the review was requested ha ve been established and shall make an order 
confirming the decision or referring the matter back to the appropriate authority for reconsideration 
within the period specified by the panel. 
 
Review of action of appropriate authority 
 
(4)  A panel may, on its own initiative or on a request made in accordance with the rules, 
review the action taken by the appropriate author ity pursuant to an order under subsection (3) and 
make a further order as described in that subsecti on within ninety days after the day on which the 
Canadian Secretary receives notice of the action. 
 
Decision 
 
(5)  A decision of a panel shall be recorded in writing and shall include the reasons for the 
decision and any dissenting or conc urring opinions of members of the panel, and the Canadian 
Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to 
subsection (3) or (4) to the Minister, the United St ates government, the appropriate authority and any 
other person who was heard in the review and shall cause notice of the decision to be published in the 
Canada Gazette . 
1988, c. 65, s. 42.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 96 
 
 
Action on Decision of Panel 
 
Action by appropriate authority 
 
77.16  (1) Where a panel makes an order under s ubsection 77.15(3) or (4) referring a matter 
back to the appropriate authority for reconsideration,  the appropriate authority shall, within the period 
specified by the panel, take action under this Act not inconsistent with the decision of the panel. 
 
Appropriate authority not required to act twice 
 
(2)  Notwithstanding any other provision of th is Act, an appropriate authority is not 
required to act on an order under subsection 77.15( 4), unless it requires the authority to take action 
that is different from that taken by the aut hority under the order under subsection 77.15(3). 
 
1988, c. 65, s. 42.   
Extraordinary Challenge Proceeding 
 
Request for extraordinary challenge proceeding 
 
77.17  (1) Within the period after a panel make s an order under subsection 77.15(3) or (4) 
prescribed by the rules, the Minister or the Unite d States government may request, in writing to the 
Canadian Secretary, that an extraordinary challe nge proceeding be commenced with respect to the 
order. 
 
Ground for request 
 
(2)  A request for an extraordinary challe nge proceeding may be made only on a ground 
set forth in paragraph 13 of Article 1904 of the Free Trade Agreement.  
Notification of request for extraordinary challenge proceeding 
 
(3)  On receiving a request under this sec tion made by the Minister, the Canadian 
Secretary shall notify the American Secretary of th e request and the day on which it was received by 
the Canadian Secretary, and on receiving a request under this section made by the United States 
government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.  1988, c. 65, s. 42. 
 
Appointment of extraordinary challenge committee 
 
77.18  On a request under section 77.17 for an extraordinary challenge proceeding, an 
extraordinary challenge committee shall be appointed  for that purpose in accordance with paragraph 1 
of Annex 1904.13 to Chapter Nineteen of the Fr ee Trade Agreement and any regulations made in 
connection therewith. 
 
1988, c. 65, s. 42.  
Conduct of extraordinary challenge proceeding 
 
77.19  (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in 
accordance with Annex 1904.13 to Chapter Nineteen  of the Free Trade Agreement and the rules. 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 97 
 
 
Powers of committee 
 
(2)  A committee has such powers, rights and privileges as are conferred on it by the 
regulations.  
New panel 
 
(3)  Where an order of a panel is set aside by a committee, a new panel shall, in 
accordance with this Part, be appoi nted and conduct a review of the definitive decision that was the 
subject of that order.  
Action by panel 
 
(4)  Where an order of a panel is referred back to the panel by a committee, the panel shall 
take action not inconsistent with the decision of the committee. 
 
Decision 
 
(5)  A decision of a committee shall be record ed in writing and shall include the reasons 
for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered ma il, a copy thereof and of the order made by the 
committee to the Minister, the United States govern ment, the appropriate authority and any other 
person who was heard in the proceeding and shall cau se notice of the decision to be published in the 
Canada Gazette . 
 1988, c. 65, s. 42.  
Orders and decisions final 
 
77.2 (1) Subject to subsection 77. 15(4) and section 77.17, an orde r or decision of a panel or 
committee is final and binding and is not subject to appeal.  
No review 
 
(2)  Subject to subsection 77.15(4) and section 77.17, no order, decision or proceeding of 
a panel or committee made or carried on under, or pu rporting to be made or carried on under, this Act 
shall be 
 
(a)  questioned, reviewed, set aside, removed, prohibited or restrained, or 
 (b)  made the subject of any proceedings in, or  any process or order of, any court, whether 
by way of or in the nature of injunction, certiorari , prohibition, quo warranto , 
declaration or otherwise, 
 on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the panel or committee to make or carry on or that, in the course of any proceeding, the panel or 
committee for any reason exceeded  or lost jurisdiction. 
 
No references 
 
(3)  Subsection 28(4) of the Federal Courts Act  does not apply to a panel or committee. 
 
1988, c. 65, s. 42; 2002, c. 8, s. 182.  
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 98 
 
 
Members 
 
Code of conduct 
 
77.21  (1) Every member of a panel and every member of a committee shall comply with the 
code of conduct, as amended from time to time, est ablished pursuant to Article 1910 of the Free Trade 
Agreement.  
Disclosure undertaking respectin g confidential information 
 
(2)  Every member of a panel and every pr escribed person shall sign and comply with a 
disclosure undertaking, in the prescribed form, re specting the disclosure and use of confidential, 
personal, business proprietary and other privileged information made available to the member or 
person in proceedings  under this Part. 
 
Immunity 
 
(3)  Subject to section 77.26, no action or other proceeding lies or shall be commenced 
against a member of a panel for or in respect of anything done or omitted to  be done, or purported to 
be done or omitted to be done, under this Part. 
 
1988, c. 65, s. 42; 1999, c. 17, s. 183.  
Remuneration and expenses of panel members 
 
77.22   Every member of a panel shall be paid  such remuneration and is entitled to such 
travel and living expenses incurred in the performance  of the member's duties under this Part as are 
fixed by the Canada-United States Trade Commission established pursuant to the Free Trade 
Agreement.  1988, c. 65, s. 42.   
Secretariat 
 
Establishment of Canadian Secretariat 
 
77.23  There is hereby established a secretariat, to be called the Canadian Secretariat, for the 
purpose of facilitating the implementation of Chapter Nineteen of the Free Trade Agreement and the work of panels and committees. 
 
1988, c. 65, s. 42.  
Secretary 
 
77.24  (1) There shall be a Secretary of the Secret ariat to be appointed by the Governor in 
Council, on the recommendation of the Minister, to hold office for a term not exceeding five years. 
 
Salary and expenses 
 
(2)  The Canadian Secretary shall be paid su ch salary or other remuneration and expenses 
as may be fixed by the Governor in Council.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 99 
 
 
Absence or incapacity of Secretary 
 
(3)  In the event of the absence or incapacity of the Canadian Secretary or if the office of 
Canadian Secretary is vacant, the Governor in Counc il may appoint another person, on such terms and 
conditions as the Governor in Counc il deems appropriate, to act as Canadian Secretary and a person 
so acting shall have all the powers, duties and functio ns of the Canadian Secretary under this Part and 
be paid such salary or other remuneration and expe nses as may be fixed by the Governor in Council. 
 
Superannuation 
 
(4)  The provisions of the Public Service Superannuation Act , other than those related to 
tenure of office, apply to the Canadian Secretary, except that a person appointed as Canadian Secretary from outside the Public Service may, by  notice in writing given to the President of the 
Treasury Board not more than sixty days after the date of appointment, elect to participate in the 
Diplomatic Service (Special) Superannuation Act , in which case the provisions of that Act, other than 
those relating to tenure of office, apply to the Ca nadian Secretary from the date of appointment and 
the provisions of the Public Service Superannuation Act  do not apply. 
 
Chief executive officer 
 
(5)  The Canadian Secretary is the chief executive officer of the Secretariat and has 
supervision over and direction of the work and staff of the Secretariat.  1988, c. 65, s. 42.  
Staff 
 
77.25   Such officers, clerks and employees as are required for the proper conduct of the 
work of the Secretariat shall be  appointed in accordance with the Public Service Employment Act . 
1988, c. 65, s. 42.   
Offence 
 
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 propr ietary 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 su mmary conviction and liable to a fine not 
exceeding one hundred thousand dollars. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 100 
 
  
Consent 
 
(3)  No proceedings for an offence under th is section shall be instituted without the 
consent in writing of the Attorney General of Canada. 
 
1988, c. 65, s. 42.   
Regulations 
 
Regulations 
 
77.27   The Governor in Council may, on th e 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 givi ng effect to Chapter Nineteen of the 
Free Trade Agreement and the rules, incl uding 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 res ponsibility 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.  
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.   
Application of Acts 
 
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 Parlia ment providing for judicial review of a 
definitive decision or setting forth the grounds for such a review 
  G/ADP/N/1/CAN/4 
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 Page 101 
 
 that comes into force after the comi ng 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. 
  
PART III 
 
GENERAL 
 
Provision of Evidence to Commissioner 
 
Commissioner may require ev idence to be provided 
 
78. (1)  Where, 
 
(a)  in any proceeding undertaken by the Co mmissioner after notice has been given that 
the complaint is properly documented but be fore the initiation of an investigation or 
in any investigation under th is 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 Commissioner believes on reasonable grounds that  any person in Canada is able to provide 
evidence relevant to any proceedings undertaken by the Commissioner before the initiation of an 
investigation, to the investigation or to the maki ng, for the purpose of facilitating the administration or 
enforcement of this Act, of an estimate of th e duty that will or may be payable on the goods when 
imported into Canada, the Commissioner may, by not ice in writing, require the person to provide the 
Commissioner, 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 Commissioner requires any 
person to provide evidence, he shall 
 
(a)  include in the notice sufficient informat ion for the person to identify the evidence; 
 (b)  specify in the notice the time within wh ich 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 give n pursuant to subsection (1) to provide the 
Commissioner with evidence, the person shall G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 102 
 
 
 (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 pers on 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 Commissioner 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 th e person to provide the evidence in accordance 
with the notice, provide the Commissioner w ith 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 constr ued as authorizing the Commissioner to require 
any person to provide evidence orally. 
 
Extension of time 
 
(5)  Where, pursuant to paragraph (2)( b), the Commissioner specifies the time within 
which evidence is to be provided, the Commissioner 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. 
 
Designation of evidence as confidential 
 
79. (1)  Where a person who provides the Commissioner 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 desi gnating as confidential the evidence that he wishes 
to be kept confidential, togeth er with an explanation of why he designated that evidence as 
confidential.  
Summary or statement to be provided 
 
(2)  Where, pursuant to subsection (1), a pe rson submits to the Commissioner a statement 
designating evidence as confidential, together with th e explanation referred to in that subsection, the 
person shall submit to the Commissioner, at the sam e 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.   
Collection of Duty 
 
80.  [Repealed, R.S., 1985, c. 1 (2nd Supp.), s. 209] 
  G/ADP/N/1/CAN/4 
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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 afte r a demand for payment of the duty has been made 
under this Act, the Commissioner 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. 
 
 
Disclosure of Information 
 
Definition of "information" 
 
82.  In sections 83 to 87, "i nformation" includes evidence. 
 
1984, c. 25, s. 82.  
Information to be disclosed 
 
83.  Where information is provided to the Commissioner for the purposes of any 
proceedings under this Act, every party to the pro ceedings has, unless the information is information 
to which subsection 84(1) applies, a right, on re quest, 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. 
 
Information to be disclosed 
 
83.1  Where information is provided to the Commissioner for the purposes of any 
proceedings under this Act in respect of goods of  a NAFTA country, the Commissioner shall, on 
receipt of a request from the government of that NAFTA 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 copi ed, unless the information is information to which 
subsection 84(1) applies.  1993, c. 44, s. 219; 1999, c. 17, s. 183.  
Information not to be disclosed 
 
84. (1)  Where a person 
 
(a)  designates information as confidential pursuant to paragraph 85(1)( a), or G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 104 
 
 
 (b)  submits to the Commissioner, 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 public service of Canada 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 disclos ed, to any other person in any manner that is 
calculated or likely to make it available for the u se 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 Commissioner of information for the purposes of proceedings 
before a panel or the Appellate Body est ablished 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), informati on to which that subsection applies that has 
been provided to the Commissioner in  any proceedings under this Act shall, on written request and on 
payment of the prescribed fee, be disclosed by the Commissioner, in the manner and at the time 
specified by the Commissioner, to counsel for any pa rty to those proceedings or to other proceedings 
under this Act arising out of those proceedings for u se, notwithstanding any other Act or law, by that 
counsel only in those proceedings, subject to any conditions that the Commissioner considers 
reasonably necessary or desirable to ensure that the information will not, without the written consent 
of the person who submitted it to the Commissioner,  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 an y person to whose business or affairs the 
information relates. 
 
Limitation 
 
(3.1)  The Commissioner may not disclose information under subsection (3) if the 
Commissioner is satisfied that the disclosure might r esult in material harm to the business or affairs of 
the person who designated the informati on as confidential under paragraph 85(1)( a). 
 
Definition of "counsel" 
 
(4)  In subsection (3), "counsel", in relati on 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.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 105 
 
 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.  
Designation of information as confidential 
 
85. (1) Where a person who provides information to the Commissioner 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 jus tifies 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 ed ited version or a non-confidential summary 
of the information designated as confidential pursuant to paragraph (1)( a), but the 
Commissioner is satisfied that it do es 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 Commissioner 
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. 
 
Where there has been failure to comply 
 
86. (1)  Where a person has designated in formation as confidential pursuant to 
paragraph 85(1)( a) and the Commissioner considers that the designation is warranted, but the person 
has failed to comply with paragraph 85(1)( b), the Commissioner shall cause the person to be informed 
of that failure, of the ground on which he has so faile d 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). G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 106 
 
  
Where Commissioner consider s designation unwarranted 
 
(2)  Where, pursuant to paragraph 85(1)( a), a person has designated information as 
confidential and the Commissioner considers that, beca use of its nature, extent, availability from other 
sources or the failure of the person to provide any explana tion of why he designated it as confidential, 
the designation of that information as confidentia l is unwarranted, the Commissioner shall cause the 
person 
(a)  to be notified of the fact that the Co mmissioner considers the designation of that 
information as confidential unwarranted and of the Commissioner'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. 
 
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 Commissioner an explana tion or further explanation of why he 
designated the information as confidential, 
 and where the person does neither of those things w ithin the fifteen days, that information shall not 
thereafter be taken into account by the Commissione r in the proceedings for the purposes of which it 
was provided or in any proceedings arising out of those proceedings, unless the Commissioner obtains 
it elsewhere than from that person.  
Commissioner to reconsider 
 
(2)  Where, pursuant to subsection (1), a pe rson submits to the Commissioner, within the 
fifteen days referred to in that subsection, an ex planation or further explanation of why the person 
designated information as confidential, the Commissi oner shall again consider whether, taking into 
account that explanation or further explanation, th e designation of the information as confidential is 
warranted and, if the Commissioner 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 Commissioner in the 
proceedings for the purposes of which it was provide d or in any proceedings arising out of those 
proceedings, in which case the information sha ll not thereafter be taken into account by the 
Commissioner 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 Commissioner, either be fore or after the expiration of the fifteen days, 
in his discretion allows, take such action as it is n ecessary for the person to take in order to comply 
with paragraph 85(1)( b), the Commissioner shall cause the person to be notified that the information 
will not thereafter be taken into account by the Co mmissioner in the proceedings for the purposes of  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 107 
 
 which it was provided or in any proceedings aris ing out of those proceedings, in which case the 
information shall not thereafter be taken into account by the Commissioner 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 Commissioner 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. 
 
Application of sections 86 and 87 
 
88.  Sections 86 and 87 do not apply in respect of evidence submitted to the 
Commissioner pursuant to subsection 78(3).  R.S., 1985, c. S-15, s. 88; 1999, c. 17, s. 183. 
 
Prohibition on disclosure of information 
 
88.1  If the Tribunal indicates to the Commissione r in writing that subsection 46(1) of the 
Canadian International Trade Tribunal Act  applies to information provided to the Commissioner 
under paragraph 76.03(6)( b), no person employed in the public service of Canada who comes into 
possession of that information while they are so employ ed shall, either before or after they cease to be 
so employed, knowingly disclose it, or knowingly allow it to be disclosed, to any other person in any 
manner that is calculated or likely to make it availa ble for the use of any business competitor or rival 
of any person to whose business or affairs the information relates.  1999, c. 12, s. 45, c. 17, s. 184.  
 
Ruling on Who is Importer 
 
Request for ruling on who is importer in Canada 
 
89. (1)  Where a question arises or is raised as to which of two or mo re 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 
Commissioner 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 sin ce the determination referred to in paragraph 
(a) was made. 
 
Idem  
 
(2)  Where the Commissioner makes a request under subsection (1) for a ruling on the 
question referred to therein, the Commissioner shall 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 108 
 
 
(a)  state in the request which of the two or  more persons the Commissioner believes is 
the importer in Canada of the goods; 
 
(b)  if any of the goods is of the same descr iption 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 Commissioner 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 deem ed to continue 
 
(3)  Where, in any investigation, the Co mmissioner makes a final determination of 
dumping or subsidizing under subsection 41(1) in resp ect 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. 
 
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 questio n 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 the receipt  by the Secretary of notice of the 
preliminary determination referred to in that  paragraph, unless, after the request is 
made to the Tribunal, the Secretary receiv es notice pursuant to subsection 41(4) that 
the investigation has been terminated pursua nt to subsection 41(1) in respect of the 
goods specified in the preliminary determin ation, in which case the Tribunal shall 
give its ruling on the question forthwith af ter the Secretary receives that notice. 
 1984, c. 25, s. 90.  
Rules 
 
91. (1) Where 
 (a)  a request is made to the Tribunal pursuant to subsection 89(1) for a ruling on the 
question referred to therein, 
 
(b)  a statement pursuant to paragraph 89(2)( b) is made in the request, and 
  G/ADP/N/1/CAN/4 
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(c)  the Tribunal's ruling on the question is that  the importer in Canada of the goods is a 
person other than the person specified as such by the Commissioner pursuant to 
paragraph 89(2)( a), 
 
the following rules apply: 
 (d)  as soon as possible after the Tribunal gives its ruling on the question, the 
Commissioner shall 
 
(i)  reconsider any final determination of dumping or subsidizing made pursuant 
to subsection 41(1) with respect to th e goods specified in the preliminary 
determination and shall confirm the final determination, rescind it or make amendments to it, as is appropriate in the circumstances, and 
 
(ii)  cause notice of the action taken by the Commissioner pursuant to 
subparagraph (i) to be given to pr escribed persons and governments, 
published in the Canada Gazette  and filed with the Secretary in writing; 
 
(e)  where the Commissioner rescinds a final determination pursuant to paragraph ( d), 
section 41 shall again apply in respect of th e goods to which the final determination 
applied as if that section had not previously  applied in respect of those goods, except 
that the action that the Commissioner is required by that section to take shall, 
notwithstanding anything therein, be taken by the Commissioner within sixty days after the Tribunal gives its ruling on the question; 
 
(f)  where the Commissioner has caused the investigation referred to in paragraph 
89(2)( b) to be terminated pursuant to subsec tion 41(1) with respect to the goods 
specified in the preliminary determination,  the Tribunal shall be deemed to have 
directed the Commissioner, by notice in writing pursuant to section 46, to cause an 
investigation to be initiated respecting the dumping or subsidizing of those goods and 
the Commissioner shall, pursuant to sub section 31(2), forthwith cause such an 
investigation to be commenced; and 
 
(g)  the Tribunal may, on its own initiative or at the request of the Commissioner or any 
person interested but subject to subsection (2 ), reconsider, under the authority of this 
paragraph, any order or finding made by it in the inquiry referred to in paragraph 
90(c) and, in so reconsidering, may re-hear any matter before deciding it. 
 
Limitation on reconsideration of order or finding 
 
(2)  The Tribunal shall not commence reconsideration of an order or finding under the 
authority of paragraph (1)( g) 
 
(a)  later than ninety days after the making of the ruling on the question referred to in 
paragraph (1)( a); or 
 (b)  at the request of any person unless that person satisfies the Tribunal that 
reconsideration of the order or finding is warranted. 
 
Completion of reconsideration 
 
(3)  Where the Tribunal reconsiders an order or finding under the authority of 
paragraph (1)( g), G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 110 
 
 
 (a)  the Tribunal shall complete the reconsidera tion forthwith and, in any event, not later 
than ninety days after the day on which it decides to commence it and, on completion 
thereof, shall confirm the order or finding or rescind it and make such other order or 
finding with respect to the goods to whic h the order or finding under reconsideration 
applies as the nature of the matter may requi re, and, where it makes another order or 
finding, shall declare to what goods, incl uding, where applicable, from what supplier 
and from what country of export, the order or finding applies; 
 
(b)  the Secretary shall forward by registered mail to the Commissioner, the importer, the 
exporter and such other persons  and governments as may be specified by the rules of 
the Tribunal 
 
(i)  forthwith after the reconsideration is completed, notice of the action taken 
pursuant to paragraph ( a) with respect to the order or finding and, where 
another 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 or der or finding pursuant to paragraph ( a), the 
Secretary 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 a nd the Tribunal makes another order or finding 
under paragraph (3)( a), the Tribunal shall make a separate or der 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. 
 
Determination pursuant to section 55 
 
92.  A determination made pursuant to section 55 in respect of any imported goods on the 
basis that the importer of the goods was a person who is subsequently ruled by the Tribunal not to have been the importer thereof shall be deemed not to have been made and, for the purpose of that 
section, the date of the order or finding of the Tribunal with respect to goods that appear to be of the 
same description as the imported g oods shall be deemed to be 
 
(a)  where, following its ruling, the Tribunal reconsiders the order or finding pursuant to 
paragraph 91(1)( g) and confirms it, the date on whic h the Tribunal confirms the order 
or finding; 
 
(b)  where, following its ruling, the Tribunal reconsiders the order or finding pursuant to 
paragraph 91(1)( g) and rescinds it and makes another order or finding with respect to 
goods of that description, the date of the other order or finding; and 
 
(c)  in any other case, the date of the Tribunal's ruling. 
 
1984, c. 25, s. 92.  G/ADP/N/1/CAN/4 
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Determination pursuant to section 56, 57 or 59 
 
93.  A determination or re-determination made pursuant to section 56, 57 or 59 in respect 
of any goods on the basis that the importer of the goods was a person who is subsequently ruled by 
the Tribunal not to have been the importer thereof shall be deemed not to have been made and the 
goods shall, for the purposes of section 56, be deemed to be accounted for on the earlier of  
(a)  the day that is sixty days after the day on which the Tribunal made the ruling; and 
 (b)  the day on which a new determination is made pursuant to section 56 in respect of the 
goods. 
 R.S., 1985, c. S-15, s. 93; R.S., 1985, c. 1 (2nd Supp.), s. 211.  
Ruling binding 
 
94.  A ruling given by the Tribunal on the question of who is the importer in Canada of 
any goods imported or to be imported into Cana da is binding on the Commissioner, and on every 
person employed by the Canada Customs and Revenue  Agency in the administration or enforcement 
of this Act, with respect to the particular goods in relation to which the ruling is given, unless the 
Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts 
that are not available to the Commissioner at th e time the Tribunal gives its ruling come to the 
Commissioner's attention after it is given. 
 
R.S., 1985, c. S-15, s. 94; 1999, c. 17, s. 182.  
Commissioner to provide name of importer 
 
95.  Where any person interested in the im portation of goods into Canada requests the 
Commissioner to provide the person with the name of the importer of the goods, the Commissioner 
shall, except in prescribed circumst ances, forthwith provide the person with the name of the importer. 
 R.S., 1985, c. S-15, s. 95; 1999, c. 17, s. 183.   
Gathering of Information 
 
Commissioner may gather information in advance 
 
96.  In order to facilitate the administrati on and enforcement of this Act, where the 
Commissioner believes that goods sold to an importer in Canada or goods located or in the course of 
production out of Canada are or may be of the sa me description as goods to which an order or finding 
of the Tribunal described in section 3, 5 or 6 a pplies and that they will or may be imported into 
Canada, the Commissioner may, for the purpose of estimating the margin of dumping of or the 
amount of subsidy on the goods before they are import ed into Canada, seek from persons in or out of 
Canada, in such manner and form as he considers a ppropriate in the circumstances, such information 
as he believes will be useful for that purpose.  
R.S., 1985, c. S-15, s. 96; 1994, c. 47, s. 185; 1999, c. 17, s. 183. 
  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 112 
 
 
Application for Review 
 
Application for j udicial review 
 
96.1 (1) Subject to section 77.012 or 77.12, an a pplication may be made to the Federal Court 
of Appeal to review and set aside 
 
(a)  a final determination of the Commissioner under paragraph 41(1)( a); 
 (b)  a decision of the Commissioner under paragraph 41(1)( b) to cause an investigation to 
be terminated; 
 
(c)  a decision of the Commissioner under subsection 53(1) to renew or not to renew an 
undertaking; 
 
(c.1)  an order or finding of the Tribunal under subsection 43(1); 
 
(d)  an order of the Tribunal unde r subsection 76.01(4) or 76.03(5); 
 
(d.1)  a determination of the Co mmissioner under paragraph 76.03(7)( a); 
 
(e)  an order or finding of the Tribunal un der subsection 76.02(4) respecting a review 
under subsection 76.02(1); 
 
(f)  an order of the Tribunal under subsection 76.01(5) or 76.03(12); or 
 (g)  an order or finding of the Tribunal under subsection 91(3). 
 
 
Grounds of application 
 
(2)  An application may be made under th is section on the ground that the Commissioner 
or the Tribunal, as the case may be, 
(a)  acted without jurisdiction, acted beyond the jurisdiction of the Commissioner or the 
Tribunal or refused to exercise that jurisdiction; 
 
(b)  failed to observe a principle of natural jus tice, procedural fairness or other procedure 
that the Commissioner or the Tribunal was required by law to observe; 
 
(c)  erred in law in making a decision or an order, whether or not the error appears on the 
face of the record; 
 
(d)  based a decision or order on an erroneous finding of fact that the Commissioner or the 
Tribunal made in a perverse or capricious manner or without regard for the material 
before the Commissioner or the Tribunal; 
 
(e)  acted, or failed to act, by reason of fraud or perjured evidence; or 
 (f)  acted in any other way that was contrary to law. 
 
  G/ADP/N/1/CAN/4 
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 Page 113 
 
 
Filing of application 
 
(3)  Subject to subsection 77.012(2), an application may be made under this section by 
any person directly affected by the determination,  decision, order or finding by filing a notice of the 
application in the Federal Court of Appeal within  thirty days after the time the determination, 
decision, order or finding was first communicated to that person by the Commissioner or the Tribunal, 
or within such further time as the Federal Court of A ppeal or a judge thereof may, before or after the 
expiration of those thirty days, fix or allow.  
Trial Division deprived of jurisdiction 
 
(4)  Where the Federal Court of Appeal has jurisdiction under this section to hear and 
determine an application to review and set aside a determination, decision, order or finding, the Trial 
Division has no jurisdiction to entertain any proceedi ng in respect of that determination, decision, 
order or finding.  
Hearing in summary way 
 
(5)  An application under this section shall be  heard and determined without delay and in 
a summary way in accordance with the rules made in  respect of applications for judicial review 
pursuant to sections 18.1 and 28 of the Federal Courts Act . 
 
Disposition 
 
(6)  On an application under this section, th e Federal Court of Appeal may dismiss the 
application, set aside the final determination, decision, order or finding, or set aside the final determination, decision, order or finding and refe r the matter back to the Commissioner or the 
Tribunal, as the case may be, for determination in accordance with such directions as it considers 
appropriate.  1988, c. 65, s. 44; 1993, c. 44, s. 220; 1994, c. 47, s. 183; 1999, c. 12, s. 47, c. 17, ss. 183, 184; 2002, c. 8, s. 182.  
No references 
 
96.11  (1) Subsection 18.3(1) of the Federal Courts Act  does not apply to the Commissioner or 
the Tribunal in respect of proceedings under th is Act relating to goods of a NAFTA country. 
 
Suspension of s. 96.2 
 
(2)  The operation of section 96.2 is suspende d during the period in which subsection (1) 
is in force. 
 
1993, c. 44, s. 221; 1999, c. 17, s. 183; 2002, c. 8, s. 182.  
No references 
 
96.2 Subsection 18.3(1) of the Federal Courts Act  does not apply to the Commissioner or the 
Tribunal in respect of proceedings under this Act relating to goods of the United States. 
 
1988, c. 65, s. 44; 1990, c. 8, s. 73; 1999, c. 17, s. 183; 2002, c. 8, s. 182.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 114 
 
 
Request for review of final determination 
 
96.21  (1) The Minister for International Trade may, in the manner provided for by the law of 
a NAFTA country giving effect to the North Amer ican Free Trade Agreement, request that a final 
determination be reviewed by a panel established under that law. 
 
Idem  
 
(2)  Any person who, but for the law of a NAFTA country giving effect to the North 
American Free Trade Agreement, would be entitl ed under the law of that NAFTA country to 
commence domestic proceedings for judicial review  of a final determination may file with the 
Canadian Secretary a request that the final dete rmination be reviewed by a panel established under 
that law. 
 
Deeming 
 
(3)  A request under subsection (2) shall be de emed to be a request by the Minister for 
binational review within the meaning of paragrap h 4 of Article 1904 of the North American Free 
Trade Agreement.  
Limitation period 
 
(4)  A request under subsection (1) or (2) may only be made within thirty days after the 
day on which notice of the final de termination is published in the o fficial publication of the NAFTA 
country, or, in the case of a final determination of wh ich notice is not so published, within thirty days 
after the day on which notice of the final de termination is received by the Minister. 
 
Definition of "final determination" 
 
(5)  In this section, "final determination"  means a final determination as defined in 
Annex 1911 of the North American Free Trade Agreement.  
Suspension of s. 96.3 
 
(6)  The operation of section 96.3 is suspended during the period in which this section is 
in force. 
 
1993, c. 44, s. 222; 1999, c. 12, s. 48(F).  
Request for review of final determination 
 
96.3 (1) The Minister for International Trade may, in the manner provided for by the 
American law giving effect to the Free Trade Ag reement, request that a final determination be 
reviewed by a panel established under that law. 
 
Idem  
 
(2)  On a request made to the Canadian Secretary by any person who, but for the 
American law giving effect to the Free Trade Ag reement, would be entitled under American law to 
commence domestic proceedings for judicial review  of a final determination, the Minister for 
International Trade shall, in the manner provided fo r by the American law giving effect to the Free 
Trade Agreement, request that the final determina tion be reviewed by a panel established under that 
law.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 115 
 
 
Limitation period 
 
(3)  No request shall be made to the Cana dian Secretary under subsection (2) more than 
twenty-five days after the day on which notice of  the final determinati on is published in the Federal 
Register  or, in the case of a final determination of wh ich notice is not so published, the day on which 
notice of the final determination is received by the Minister. 
 
Definition of "final determination" 
 
(4)  In this section, "final determination"  means a final determination as defined in 
subparagraph (b) of the definition of that term  in Article 1911 of the Free Trade Agreement. 
 1988, c. 65, s. 44; 1999, c. 12, s. 49(F). 
 
 
Offences 
 
Offence 
 
96.4 (1) Every person commits an offence who 
 
(a)  uses information disclosed to the pers on by the Commissioner under subsection 84(3) 
for any purpose other than the purpose for which the information was disclosed under that subsection; or 
 
(b)  contravenes a condition imposed by the Commissioner under subsection 84(3). 
 
Punishment 
 
(2)  Every person who commits an offe nce under subsection (1) is guilty of 
 
(a)  an indictable offence and liable to a fine of not more than $1,000,000; or 
 
(b)  an offence punishable on summary conviction and liable to a fine of not more 
than $100,000. 
 
Consent 
 
(3)  No proceedings for an offence under th is section shall be instituted without the 
consent in writing of the Attorney General of Canada. 
 
1999, c. 12, s. 50, c. 17, s. 184.   
REGULATIONS 
 
Regulations 
 
97. (1) The Governor in Council may, on the recommendation of the Minister of Finance, 
make regulations  
(a)  prescribing anything that by this Act is to be or may be prescribed by regulation; 
 
(a.1)  respecting the factors that may be considered in determining 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 116 
 
 
(i)  the existence of injury, retardation or threat of injury, and  (ii)  whether the injury, retardation or threat of injury h as been caused by the 
dumping or subsidizing of any goods or by any other reason; 
 
(b)  specifying the circumstances and manner in which two or more properly documented 
complaints, investigations or inquiries ma y be joined and carried on as one and the 
persons to whom and the manner in which notice of the joining shall be given; 
 
(c)  [Repealed, 1994, c. 47, s. 184] 
 (d)  defining the expression "duty or internal  tax" for the purpose of the definition 
"subsidy" in subsection 2(1); 
 
(e)  defining the expressions "cost of production", "a reasonable amount for 
administrative, selling and all other costs" and "a reasonable amount for profits" for 
the purpose of paragraph 19( b) or subparagraph 20(1)( c)(ii); 
 
(e.1)  prescribing the manner of calculating th e cost of producti on of goods and the 
administrative, selling and all other costs with respect to goods; 
 
(f)  defining the expression "an amount for profit" for the purpose of 
subparagraph 25(1)( c)(ii) or ( d)(i); 
 
(f.1)  defining the expression "start-up period of production" for the purposes of section 
23.1, including prescribing the factors to cons ider in determining the duration of such 
a period; 
 
(f.2)  prescribing, for the purposes of subsec tion 30.3(3), the manner for determining a 
margin of dumping, including prescribing the manner for determining the maximum margin of dumping that can be determined; 
 
(g)  defining the expression "person interested " for the purpose of subsection 45(6) or 
section 89 or 95; 
 
(g.1)  deeming a government in Canada or th e United States to be a person who is entitled 
to make a request to the Canadian Secretary under subsection 77.11(2); 
 
(g.11)  deeming a government in Canada or in a NAFTA country to be a person who is 
entitled to make a request to the Canadian  Secretary under subsection 77.011(2); 
 
(g.2)  defining the expression "goods of the United States" for the purpose of this Act; 
 
(g.21)  defining the expression "goods of a NAFTA country" for the purpose of this Act; 
 (g.22)  determining, in respect of each NAFTA  country, which publication shall be deemed 
to be the official publication of that  country for the purpose of this Act; 
 
(g.23)  determining the meaning of the expressi on "goods of Chile" fo r the purposes of this 
Act; 
 (h)  prescribing the procedure to be followed in  an investigation ordered by the Governor 
in Council under subsection 7(1);  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 117 
 
  
(i)  providing for the selection of an interest rate, from among or by reference to interest 
rates prevailing in or out of Canada at th e time of the sale referred to in subsection 
21(1), by reference to which the determ ination referred to in paragraph 21(1)( a) shall 
be made in the circumstances described in clause 21(1)( a)(ii)(B); 
 
(j)  providing for the selection of an interest rate, from among or by reference to interest 
rates prevailing in or out of Canada at th e time of the sale referred to in subsection 
27(1), by reference to which the determ ination referred to in paragraph 27(1)( a) shall 
be made in the circumstances described in clause 27(1)( a)(ii)(B); 
 
(k)  providing for the determination of or specifying the date as of which the equivalent 
dollar value of any amount that is expressed in the currency of a country other than 
Canada and that is used or taken into ac count for any purpose in the administration or 
enforcement of this Act shall be ascertained, determined or calculated; 
 
(k.1)  providing for the method of determining the rate of exchange for the purpose of 
calculating the export price for export sales involving the sale of foreign currency on forward markets; 
 
(k.2)  providing for the manner of making adjustments to export prices and normal values in 
situations of fluctuation or sustaine d movement in the rate of exchange; 
 
(k.3)  prescribing the period after which the Commissioner may refuse to consider 
representations referred to in subsection 49(5); 
 
(k.4)  prescribing the factors that the Commissioner may consider in making a 
determination under paragraph 76.03(7)( a); 
 
(k.5)  prescribing the factors that the Tribunal may consider in making a determination 
under subsection 76.03(10); 
 
(k.6)  providing for the manner of attributing prin cipal and interest to imported goods when 
those amounts include a portion related to charges not directly associated with the value of the goods; and 
 
(l)  generally, for carrying out the purposes and provisions of this Act. 
 
 
Regulations prescribing rate of interest 
 
(2)  The Governor in Council may, on the recommendation of the Minister of Finance, 
make regulations prescribing a rate of interest or rules for determining a rate of interest for the 
purposes of this Act. 
 R.S., 1985, c. S-15, s. 97; R.S., 1985, c. 1 (2nd Supp.), s. 212; 1988, c. 65, s. 45; 1993, c. 44, s. 223; 1994, c. 47, s. 184; 1997, c. 14, s. 93; 1999, c. 12, s. 51, c. 17, ss. 183, 184.   G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 118 
 
 
ORDERS 
 
Orders suspending application 
 
98. (1) The Governor in Council may, for the purpose of ensuring that this Act complies with 
the Subsidies Agreement, by order, modify or suspen d the application of any provision, in whole or in 
part, of this Act with respect to any country.  
Period of order 
 
(2)  Unless revoked, an order made under subsection (1) has effect for the period 
specified in the order.  
2000, c. 14, s. 47. 
  
RELATED PROVISIONS 
 
-- R.S., 1985, c. 41 (3rd Supp.), s. 115:  
"115. (1) Every order made by the Governor in Council pursuant to section 7 of the Customs 
Tariff , chapter C-41 of the Revised Statutes of Canada , 1970, as that section read immediately before 
the coming into force of the Special Import Measures Act , that was in force on the day immediately 
preceding the coming into force of the Special Import Measures Act  shall be deemed to have and to 
have had the same force and effect for the purposes of  that Act and shall continue, and be deemed to 
have continued, in effect as if it were an order or finding described in section 3 or 4 of that Act and 
were made pursuant to section 43 of that Act and th at Act shall apply, and shall be deemed to have 
applied, in respect of the order as if it had been ma de on the day on which that Act came into force. 
 
(2)  For greater certainty, for the purposes of making any review, pursuant to section 76 
of the Special Import Measures Act , of an order referred to in subsec tion (1), a review may be made of 
any report made pursuant to section 16.1 of the Anti-Dumping Act , chapter A-15 of the Revised 
Statutes of Canada, 1970, on which the order is b ased, as if the report were part of the order." 
 
-- 1994, c. 47, ss. 187, 188:  
Definitions 
 
187.  In this section and section 188, 
 
 
"commencement day" « date de référence  » 
 
"commencement day" means the day on which this section comes into force;  
 
"new Act" « nouvelle loi  » 
 
"new Act" means the Special Import Measures Act  as it read on the commencement day;  
 
"new rules and regulations" « nouveaux textes d'application  » 
 
"new rules and regulations" means rules made  under section 39, and regulations made 
under section 40, of the Canadian International Trade Tribunal Act  as those sections read on the 
commencement day;  
  G/ADP/N/1/CAN/4 
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 Page 119 
 
 
"old Act" « ancienne loi  » 
 
"old Act" means the Special Import Measures Act  as it read on the day immediately 
before the commencement day;  
 
"old rules and regulations" « anciens textes d'application  » 
 
"old rules and regulations" means rules made  under section 39, and regulations made 
under section 40, of the Canadian International Trade Tribunal Act  as those sections read on the 
day immediately before the commencement day;  
 
"order or finding" « ordonnance ou conclusions  » 
 
"order or finding" has the same meaning as in subsection 2(1) of the Special Import 
Measures Act ; 
 
"Tribunal" « Tribunal  » 
 
"Tribunal" means the Canadian Internationa l Trade Tribunal established by subsection 
3(1) of the Canadian International Trade Tribunal Act . 
 
Disposition of notified complaints 
 
188. (1) Subject to this section, where, before the commencement day, notice of a 
complaint respecting the dumping or subsidizing of goods that is properly documented, within 
the meaning assigned to that expression by subsection 2(1) of the old Act, has been given pursuant to paragraph 32(1)( a) of the old Act, any proceeding, process or action in respect of 
the goods shall be continued and disposed of in accordance with the old Act and the old rules and regulations. 
 
Proceedings re goods subject to order made after commencement day 
 
(2)  Where the Tribunal makes an order or finding pursuant to subsection 43(1) of 
the Special Import Measures Act  on or after the commencement day with respect to goods that 
are the subject of a complaint referred to in s ubsection (1), any subsequent proceeding, process 
or action in relation to any of those goods other than 
 
(a)  a judicial review or dispute settlement under Part I.1 or II of the Special Import 
Measures Act  in relation to that order or finding and any proceeding, process or 
action in relation to the judicial review or dispute settlement, 
 
(b)  a proceeding, process or action in relation to any of those goods that were 
released before the commencement day, or 
 
(c)  a proceeding, process or action in relation to any of those goods that were 
released on or after the commencement day but on or before the day on which the Tribunal made the order or finding 
 
shall be disposed of in accordance with the new Act and the new rules or regulations. 
 
Effect of order or finding 
 
(3)  For greater certainty, any order or  finding that is in effect on the 
commencement day shall, for the purposes of sections  3 to 6 of the new Act, have the same force 
and effect as if it were made under the new Act. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 120 
 
  
Review by the Tribunal 
 
(4)  A review by the Tribunal under subsection 76(2) of the Special Import Measures 
Act of an order or finding in effect on the comm encement day shall be disposed of in accordance 
with 
 
(a)  the old Act and the old rules and regulat ions, where notice of the initiation of the 
review has been given before the commencement day; and 
 (b)  the new Act and the new rules and regulations, where notice of the initiation of 
the review is given on or after the commencement day. 
 
New Act does not justify review 
 
(5)  For the purposes of subsection 76(3) of the Special Import Measures Act , the 
Tribunal may not be satisfied that a review of an  order or finding is warranted by reason only 
of the coming into force of the new Act and the new rules and regulations. 
 
Determination of normal value, etc., where undertaking 
 
(6)  Any determination, on or after the commencement day, of a normal value, 
export price, amount of subsidy or margin of dumping in relation to any goods that are subject 
to an undertaking accepted before the commencement  day shall be made in accordance with the 
new Act. 
 
Determination of normal value, etc. 
 
(7)  A normal value, export price, amount of subsidy or margin of dumping 
determined in relation to goods under the old Act shall, for the purposes of goods released on or 
after the commencement day, other than goods to which paragraph (2)( c) applies, be deemed to 
have been made under the new Act. 
 
Redetermination of normal value, etc. 
 
(8)  A redetermination of a normal value, export price, amount of subsidy or margin 
of dumping referred to in subsection (7) sha ll be made in accordance with the new Act. 
 -- 1994, c. 47, s. 189, as amended by 1997, c. 36, s. 212: 
 
Application to goods from a NAFTA country 
 
189.  Sections 144 to 188, any provision of the Special Import Measures Act  as enacted 
by any of those sections, or any rule or regulation made under the Special Import Measures Act  
as amended as a result of the Agreement a nd any regulations under subsection 16(2) of the 
Customs Tariff , to the extent that they apply for the purposes of the Special Import Measures 
Act, apply to goods from a NAFTA country, within the meaning assigned to that expression by 
subsection 2(1) of the Special Import Measures Act . 
 -- 1999, c. 12, ss. 62 to 64: 
 
Definitions 
 
62.  The definitions in this section apply in this section and sections 63 and 64. 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 121 
 
 
"commencement day" « date de référence  » 
 
"commencement day" means the day on which this section comes into force.  
 
"new Canadian International Trade Tribunal Act " « nouvelle Loi sur le Tribunal canadien du commerce extérieur  » 
 
"new Canadian International Trade Tribunal Act " means the Canadian International 
Trade Tribunal Act  as it read on the commencement day.  
 
"new rules and regulations" « nouveaux textes d'application  » 
 
"new rules and regulations" means the ru les and regulations made under the new 
Canadian International Trade Tribunal Act  and the regulations made under the new Special 
Import Measures Act . 
 
"new Special Import Measures Act " « nouvelle Loi sur les mesures spéciales d'importation  » 
 
"new Special Import Measures Act " means the Special Import Measures Act  as it read on 
the commencement day.  
 
"old Canadian International Trade Tribunal Act " « ancienne Loi sur le Tribunal canadien du commerce extérieur  » 
 
"old Canadian International Trade Tribunal Act " means the Canadian International 
Trade Tribunal Act  as it read on the day before the commencement day.  
 
"old rules and regulations" « anciens textes d'application  » 
 
"old rules and regulations" means the ru les and regulations made under the old 
Canadian International Trade Tribunal Act  and the regulations made under the old Special 
Import Measures Act . 
 
"old Special Import Measures Act " « ancienne Loi sur les mesures spéciales d'importation  » 
 
"old Special Import Measures Act " means the Special Import Measures Act  as it read on 
the day before the commencement day.  
 
"order or finding" « ordonnance ou conclusions  » 
 
"order or finding"  
 
(a)  in the case of an order or finding made before the commencement day, has the 
same meaning as in subsection 2(1) of the old Special Import Measures Act ; and 
 
(b)  in the case of an order or finding ma de on or after the commencement day, has 
the same meaning as in subsection 2(1) of the new Special Import Measures Act . 
 
Disposition of notified complaints 
 
63. (1) Subject to this section, if, before the commencement day, notice of a complaint 
respecting the dumping or subsidizing of goods that is properly documented, within the 
meaning assigned to that expression by subsection 2(1) of the old Special Import Measures Act , 
has been given under paragraph 32(1)( a) of that Act, any proceeding, process or action in 
respect of the goods shall be continued and dispo sed of in accordance with that Act, the old 
Canadian International Trade Tribunal Act  and the old rules and regulations. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 122 
 
 
Proceedings re goods subject to order made after commencement day 
 
(2)  If the Canadian International Trade Tribunal makes an order or finding under 
subsection 43(1) of the Special Import Measures Act  on or after the commencement day with 
respect to goods that are the subject of a complain t referred to in subsection (1), any subsequent 
proceeding, process or action in relation to any of those goods other than the following shall be 
disposed of in accordance with the new Special Import Measures Act , the new Canadian 
International Trade Tribunal Act  and the new rules and regulations: 
 
(a)  a judicial review or dispute settlement under Part I.1 or II of the Special Import 
Measures Act  in relation to that order or finding and any proceeding, process or 
action in relation to the judicial review or dispute settlement; 
 
(b)  a proceeding, process or action in relation to any of those goods that were 
released before the commencement day; 
 
(c)  a proceeding, process or action in relation to any of those goods that were 
released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or 
 
(d)  a proceeding, process or action under section 45 of the Special Import Measures 
Act in relation to that order or finding. 
 
Effect of order or finding 
 
(3)  For greater certainty, any order or  finding that was made before the 
commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Special Import Measures Act , have the same force and effect as if it were made under that 
Act. 
 
Review in accordance with old Acts, rules and regulations 
 
(4)  If notice of a review under subsection 76(2) of the old Special Import Measures 
Act has been given by the Canadian Internat ional Trade Tribunal before the commencement 
day, the review shall be disposed of in accordance with that Act, the old Canadian International 
Trade Tribunal Act  and the old rules and regulations. 
 
Review in accordance with new Acts, rules and regulations 
 
(5)  If notice of an interim review under section 76.01 of the new Special Import 
Measures Act , or an expiry review under section 76.03 of  that Act, of an order or finding that 
was made before the commencement day and is in  effect on that day has been given by the 
Canadian International Trade Tribunal on or after the commencement day, the review shall be 
disposed of in accordance with that Act, the new Canadian International Trade Tribunal Act  and 
the new rules and regulations.  
New Act does not justify review 
 
(6)  For the purpose of subsection 76.01(3) of the new Special Import Measures Act , 
the Canadian International Trade Tribunal may no t be satisfied that an interim review of an 
order or finding that was made before the comm encement day is warranted by reason only of 
the coming into force of that Act, the new Canadian International Trade Tribunal Act  or the new 
rules and regulations. 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 123 
 
 
Determination of normal value, etc., when undertaking 
 
(7)  Any determination, on or after the commencement day, of a normal value, 
export price, amount of subsidy or margin of dumping in relation to any goods that are subject 
to an undertaking accepted before the commencement  day shall be made in accordance with the 
new Special Import Measures Act . 
 
Determination of normal value, etc. 
 
(8)  A normal value, export price, amount of subsidy or margin of dumping 
determined in relation to goods under the old Special Import Measures Act  is, for the purposes of 
goods released on or after the commencement day, other than goods to which paragraph (2)( c) 
applies, deemed to have been made under the new Special Import Measures Act . 
 
Re-determination of normal value, etc. 
 
(9)  A re-determination of a normal value, export price, amount of subsidy or 
margin of dumping referred to in subsection (8 ) shall be made in accordance with the new 
Special Import Measures Act . 
 
Application to goods from a NAFTA country 
 
64.  The new Special Import Measures Act , the new Canadian International Trade 
Tribunal Act  and the new rules and regulations apply to goods of a NAFTA country, within the 
meaning assigned to that expression by subsection 2(1) of the Special Import Measures Act . 
 -- 1999, c. 17, s. 185: 
 
Application to goods from NAFTA country 
 
185.  The Special Import Measures Act , as amended by sections 180 to 184, and the 
regulations made under that Act, as interpreted under section 186 of this Act, apply to goods of 
a NAFTA country within the meaning assigned to th at expression by subsection 2(1) of that Act. 
 -- 1999, c. 17, s. 186: 
 
References in documents and other provisions 
 
186.  Any expression referring to the Deputy Minister of National Revenue or the 
Department of National Revenue in any docu ment, any instrument made under an Act of 
Parliament, or any provision of an Act of Par liament not amended by this Act must, unless the 
context otherwise requires, be read as a reference to the Commissioner of Customs and Revenue 
or the Canada Customs and Revenue Agency, respectively. 
 -- 2001, c. 25, s. 99:  
99.  Sections 91 to 98 apply in relation to goods of a NAFTA country as defined in 
subsection 2(1) of the Special Import Measures Act . 
 -- SOR/2001-53, ss. 1 to 3: 
1.  The application of the definition "arbitration body" and of paragraph ( b) of the 
definition "non-actionable subsidy" in subsection 2(1) of the Special Import Measures Act  is 
suspended with respect to all countries. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 124 
 
 
2.  The application of the words "and sub section 31.1(1)" in subsection 31(6) of the 
Act is suspended with respect to all countries.  
3.  The application of section 31.1 of the Act is suspended with respect to all 
countries. 
 -- 2002, c. 8, s. 192: 
 
Special Import Measures Act 
 
192.  Subsection 12(1.1), paragraphs 44(2)( a) and 59(1)( d) and subsections 77.01(1) 
and 77.1(1) of the Special Import Measures Act , as enacted or amended by sections 169 to 173 of 
this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act. 
 -- 2002, c. 19, ss. 17, 18: 
 
Definitions 
 
17.  The following definitions apply in this section and in section 18. 
 
"commencement day" « date de référence  » 
 
"commencement day" means the day on which this section comes into force. 
 
"new Act" « nouvelle loi  » 
 
"new Act" means the Special Import Measures Act  as it read on the commencement day. 
 
"new regulations" « nouveaux règlements  » 
 
"new regulations" means the regulations made under the new Act. 
 
"old Act" « ancienne loi  » 
 
"old Act" means the Special Import Measures Act  as it read on the day before the 
commencement day. 
 
"old regulations" « anciens règlements  » 
 
"old regulations" means the regulations made under the old Act. 
 
"order or finding" « ordonnance ou conclusions  » 
 
"order or finding" has the same meaning as in subsection 2(1) of the Special Import 
Measures Act . 
 
Disposition of notified complaints 
 
18. (1) Subject to this section, if, before the commencement day, notice of a complaint 
respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Act, has been given under paragraph 32(1)( a) of the old Act, any proceeding, process or action in respect of the goods shall 
be continued and disposed of in accordan ce with the old Act and the old regulations. 
  G/ADP/N/1/CAN/4 
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Proceedings re goods subject to order after commencement date 
 
(2)  If the Canadian International Trade Tribunal makes an order or finding under 
subsection 43(1) of the Special Import Measures Act  on or after the commencement day with 
respect to goods that are the subject of a complain t referred to in subsection (1), any subsequent 
proceeding, process or action in relation to any of those goods other than the following shall be 
disposed of in accordance with th e new Act and the new regulations: 
 
(a)  a judicial review in relation to that order or finding and any proceeding, process 
or action in relation to the judicial review; 
 
(b)  a proceeding, process or action in relation to any of those goods that were 
released before the commencement day; or 
 
(c)  a proceeding, process or action in relation to any of those goods that were 
released on or after the commencement day but on or before the day on which 
the Canadian International Trade Tr ibunal made the order or finding. 
 
Effect of order or finding 
 
(3)  For greater certainty, any order or  finding that is in effect on the 
commencement day shall, for the purposes of sections  3 to 6 of the new Act, have the same force 
and effect as if it were made under the new Act. 
 
Determination of normal value, etc., where undertaking 
 
(4)  Any determination, on or after the commencement day, of a normal value or 
margin of dumping in relation to any goods th at are subject to an undertaking accepted before 
the commencement day shall be made in accordance with the new Act. 
 
Determination of normal value, etc. 
 
(5)  A normal value or margin of dumping determined in relation to goods under the 
old Act shall, for the purposes of goods released on  or after the commencement day, other than 
goods to which paragraph (2)( c) applies, be deemed to have been made under the new Act. 
 
Re-determination of normal value, etc. 
 
(6) A re-determination of a normal value or margin of dumping referred to in 
subsection (5) shall be made in  accordance with the new Act. 
 
  G/ADP/N/1/CAN/4 
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CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 
 
R.S., 1985, c. 47 (4th Supp.) 
 
An Act to establish the Canadian International Trade Tribunal and to amend or repeal other  
Acts in consequence thereof 
  
[1988, c. 56, assented to 13 September 1988 ] 
  
SHORT TITLE 
 
Short title 
 
1.  This Act may be cited as the Canadian International Trade Tribunal Act . 
  
INTERPRETATION 
 
Definitions 
 
2. (1)  In this Act, 
 
"Chairman" [Repealed, 1999, c. 12, s. 53] 
 
"Chairperson" Version anglaise seulement 
 
"Chairperson" means the Chairperson of the Tribunal; 
 
"member" « membre » 
 
"member" means a permanent member, tempor ary member or substitute member of the 
Tribunal;  
Minister" « ministre » 
 
"Minister" means the Minister of Finance; 
 
"prescribed" Version anglaise seulement 
 
"prescribed" means prescribed by regulations; 
 
"serious injury" « dommage grave  » 
 
"serious injury", in relation to domestic pr oducers of like or directly competitive goods, 
means a significant overall impairment in the position of the domestic producers;  
"textile and apparel goods" « produits textiles et vêtements  » 
 
"textile and apparel goods" means the textile a nd apparel goods set out in Appendix 1.1 of 
Annex 300-B of the Agreement, in Appendix 1.1 of Annex C-00-B of the CCFTA or in Appendix 
III.1.1.1 of Annex III.1 of the CCRFTA, as the case may be;   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 127 
 
 
"threat of serious injury" « menace de dommage grave  » 
 
"threat of serious injury" means serious injury that, on the basis of facts, and not merely of 
allegation, conjecture or remote possibility, is clearly imminent; 
 
"Tribunal" « Tribunal » 
 
"Tribunal" means the Canadian International Trade Tribunal established by subsection 3(1); 
 
"World Trade Organization Agreement" « Accord sur l'Organisation mondiale du commerce  » 
 
"World Trade Organization Agreement" has the meaning given to the word "Agreement" in 
subsection 2(1) of the World Trade Organization Agreement Implementation Act . 
 
Same meaning 
 
(2)  In this Act, the words "Agreement" a nd "NAFTA country" have the same meaning as 
in subsection 2(1) of the North American Free Trade Agreement Implementation Act . 
 
Same meaning 
 
(2.1)  In this Act, 
 
(a)  "CIFTA" has the same meaning as "Agreement" in subsection 2(1) of the Canada-
Israel Free Trade Agreement Implementation Act ; 
 
(b)  "Canada--Israel Free Trade Agreement Tariff" means the rates of customs duty 
referred to in section 50 of the Customs Tariff ; and 
 
(c)  "imported from Israel or another CIFTA beneficiary" and "Israel or another CIFTA 
beneficiary" have the same meaning as in subsection 2(1) of the Customs Tariff . 
 
Same meaning 
 
(3)  In this Act, 
 
(a)  "CCFTA" has the same meaning as "A greement" in subsection 2(1) of the Canada-
Chile Free Trade Agreement Implementation Act ; and 
 
(b)  "Chile Tariff" means the rates of cu stoms duty referred to in section 46 of the 
Customs Tariff . 
 
Same meaning 
 
(4)  In this Act, 
 
(a)  "CCRFTA" has the same meaning as "Agreement" in subsection 2(1) of the Canada--
Costa Rica Free Trade Agreement Implementation Act ; and 
 
(b)  "Costa Rica Tariff" means the rates of customs duty referred to in section 49.1 of the 
Customs Tariff . 
 G/ADP/N/1/CAN/4 
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Goods imported from a NAFTA c ountry, Chile or Costa Rica 
 
(5)  For the purposes of this Act, goods are imported from a NAFTA country, from Chile 
or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or 
from Costa Rica, as the case may be, within the meaning of sections 17 and 18 of the Customs Tariff . 
 
R.S., 1985, c. 47 (4th Supp.), s. 2; 1993, c. 44, s. 32; 1994, c. 47, s. 27; 1996, c. 33, s. 16; 1997, c. 14, s. 19, c. 36, s. 192; 1999, c. 12, s. 53(E); 2001, c. 28, s. 19.   
APPLICATION 
 
Suspension of certain provisions 
 
2.1  The operation of the provisions referred to in column II of this section is suspended 
during the period in which the provisions referred to in column I opposite those provisions are in 
force:  
Column I 
 Column II  Provisions in force  
Provisions suspended 
 section 19.01 section 20.01 section 20.2 
section 21.1 
subsections 23(1.01) to (1.03) subparagraphs 26(1)( a)(i.1) to (i.3) 
paragraphs 27(1)( a.1) to ( a.3) 
 
section 19.1 
section 20.1 section 21 section 22 subsection 23(1.1) subparagraph 26(1)( a)(ii) 
paragraph 27(1)( b) 
 1993, c. 44, s. 33.   
CANADIAN INTERNATIONAL TRADE TRIBUNAL 
 
Establishment of Tribunal 
 
Tribunal established 
 
3. (1)  There is hereby established a tribunal,  to be known as the Canadian International 
Trade Tribunal, consisting, subject to subsection (2), of a Chairperson, two Vice-Chairpersons and not 
more than six other permanent members to be  appointed by the Governor in Council.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 129 
 
  
Temporary members 
 
(2)  In addition to the members who may be appointed under subsection (1), the Governor 
in Council may, whenever in the opinion of the G overnor in Council the workload of the Tribunal so 
requires, appoint temporary members of the Tribuna l on such terms and conditions as the Governor in 
Council may specify, but the number of temporary members holding office shall not at any time exceed five.  
Term 
 
(3)  Each permanent member shall be appoint ed to hold office for a term not exceeding 
five years and each temporary member shall be appointed to hold office for a term not exceeding three 
years. 
 
Tenure 
 
(4)  Each permanent member and temporary member holds office during good behaviour 
and may be removed by the Governor in Council at any time for cause.  
Re-appointment of permanent members 
 
(5)  A permanent member, on the expiration of a fi rst term of office, is eligible to be re-
appointed for one further term in the same or another capacity.  
Re-appointment of temporary members 
 
(6)  A temporary member is eligible to be re-appointed on the expiration of a first or 
subsequent term of office. 
 
R.S., 1985, c. 47 (4th Supp.), s. 3; 1999, c. 12, s. 54(E).  
Full-time occupation 
 
4.  Each permanent member shall devote the whole of the member's time to the 
performance of the member's duties under this Act. 
 
Holding other office, etc., prohibited 
 
5.  A member shall not, during the term of office of the member, accept or hold any 
office or employment inconsistent with  the member's duties under this Act. 
 
Remuneration 
 
6. (1)  Each member shall be paid such remune ration as is fixed by the Governor in Council. 
 
Expenses 
 
(2)  Each permanent member is entitled to be  paid reasonable travel and living expenses 
incurred by the member while absent from the memb er's ordinary place of work in the course of 
performing duties under this Act.  
Idem  
 
(3)  Each temporary member and substitute member is entitled to be paid reasonable 
travel and living expenses incurred by the member in the course of performing duties under this Act. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 130 
 
  
Duties of Chairperson 
 
7.  The Chairperson is the chief executive o fficer of the Tribunal and has supervision 
over and direction of the work of the Tribunal in cluding, without restricting the generality of the 
foregoing, 
 
(a)  the allocation of work among the members and the assignment of members to sit at 
hearings of the Tribunal and to preside thereat; and 
 
(b)  generally, the conduct of the work of the Tribunal, the management of its internal 
affairs and the duties of the staff of the Tribunal. 
 
R.S., 1985, c. 47 (4th Supp.), s. 7; 1999, c. 12, s. 61(E).  
Absence, etc., of Chairperson 
 
8. (1)  In the event of the ab sence or incapacity of the Chairperson or if the office of 
Chairperson is vacant, the Tribunal may authorize one  of the Vice-Chairpersons to act as Chairperson 
for the time being, and a Vice-Chairperson so auth orized has and may exercise and perform all the 
powers, duties and functions of the Chairperson.  
Absence, etc., of other members 
 
(2)  In the event of the ab sence or incapacity of a temporary member or a permanent 
member other than the Chairperson, the Governor in Council may appoint a pe rson, on such terms and 
conditions as the Governor in Council may specify, to  act as a substitute member for the time being. 
 R.S., 1985, c. 47 (4th Supp.), s. 8; 1999, c. 12, ss. 55(E), 61(E).  
Acting after termination of appointment 
 
9. (1)  Subject to subsection (2), a person who has ceased to be a member, for any reason 
other than removal, may, with the authorization of  the Chairperson, perform and complete any duties 
or responsibilities that the person would otherwise have had if the person had not ceased to be a 
member and that are in connection with any matt er in which that person became engaged while 
holding office as a member, and a person so authorized  is, for that purpose, deemed to be a member of 
the Tribunal. 
 
Limitation period 
 
(2)  No person who has ceased to be a member  may, after the expiration of one hundred 
and twenty days after ceasing to be a member, take  part in the disposition of any matter pursuant to 
the authority granted by the Chairperson under subsection (1).  
Where member is unable to act 
 
(3)  Where a person to whom subsection (1) applies or any member has taken part in any 
matter and has died or for any reason is unable or  unwilling to take part in the disposition of the 
matter, the remaining members, if any, who took part in the matter may, with the authorization of the 
Chairperson, make the disposition notwithstanding th at the quorum of members required to dispose of 
the matter was lost as a result, and the remaining memb ers where so authorized shall, for that purpose, 
be deemed to constitute a quorum. 
 
R.S., 1985, c. 47 (4th Supp.), s. 9; 1999, c. 12, ss. 56, 61(E).  G/ADP/N/1/CAN/4 
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Application of Public Service Superannuation Act  to permanent members 
 
10. (1)  A permanent member shall be deemed to  be a person employed in the Public Service 
for the purposes of the Public Service Superannuation Act . 
 
Application of Public Service Superannuation Act  to temporary members 
 
(2)  A temporary member or substitute member shall be deemed not to be employed in the 
Public Service for the purposes of the Public Service Superannuation Act  unless the Governor in 
Council, by order, deems the member to be so employed for those purposes.  
Order deemed not to be regulation 
 
(3)  For greater certainty, an order made purs uant to subsection (2) shall be deemed not to 
be a regulation within the mean ing and for the purposes of the Statutory Instruments Act . 
  
Head Office, Sittings and Quorum 
 
Head office 
 
11.  The head office of the Tribunal shall be  in the National Capital Region as described 
in the schedule to the National Capital Act . 
 
Sittings 
 
12.  The Tribunal may sit at such times and places as it considers necessary or desirable 
for the proper conduct of its business. 
 
Quorum, etc. 
 
13.  Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members 
constitute a quorum of the Tribunal and any three or  more members have and may exercise all of the 
Tribunal's powers and have and may perform all of the Tribunal's duties and functions. 
 
R.S., 1985, c. 47 (4th Supp.), s. 13; 1993, c. 44, s. 34; 1994, c. 47, s. 28. 
  
Staff 
 
Appointment of Secretary 
 
14. (1)  There shall be a Secretary of the Tribuna l, who shall be appointed in accordance with 
the Public Service Employment Act . 
 
Acting Secretary 
 
(2)  In the event of the absence  or incapacity of the Secretary or if the office of Secretary 
is vacant, the Chairperson may authorize any officer or employee of the Tribunal to act as Secretary 
for the time being. 
 
R.S., 1985, c. 47 (4th Supp.), s. 14; 1999, c. 12, s. 61(E).  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 132 
 
 
Other staff 
 
15. (1)  Such other officers and employees as are necessary for the proper conduct of the 
work of the Tribunal shall be a ppointed in accordance with the Public Service Employment Act . 
 
Technical experts 
 
(2)  The Tribunal may appoint and, subject to the approval of the Treasury Board, fix the 
remuneration of persons having technical or special  knowledge to assist the Tribunal in any matter in 
an advisory capacity.  
Secondment 
 
(3)  Subject to any directive of the Treasury Board in relation theret o, any department or 
agency of the Government of Canada may, on the request of the Tribunal, second to the Tribunal, for 
specified periods, such officers or employees of th e department or agency as are necessary for the 
proper conduct of the work of the Tribunal.   
Powers, Duties and Functions 
 
Duties and functions 
 
16.  The duties and functions of the Tribunal are to 
 (a)  conduct inquiries and report on matters re ferred to the Tribunal for inquiry by the 
Governor in Council or the Minister under this Act; 
 
(a.1)  conduct mid-term reviews under secti on 19.02 and report on the reviews; 
 (b)  consider complaints and extension requ ests filed with the Tribunal by domestic 
producers of like or directly competitive goods  under this Act and, where appropriate, 
conduct inquiries into the complaints an d extension requests and report on them; 
 
(b.1)  receive complaints, conduct inquiries and make determinations under sections 30.1 to 
30.19; 
 
(c)  hear, determine and deal with all appeals that, pursuant to any other Act of Parliament 
or regulations thereunder, may be made to the Tribunal, and all matters related 
thereto; and 
 
(d)  exercise and perform such other duties or functions that, pursuant to any other Act of 
Parliament or regulations thereunder, sha ll or may be exercised or performed by the 
Tribunal. 
 
R.S., 1985, c. 47 (4th Supp.), s. 16; 1993, c. 44, s. 35; 1994, c. 47, s. 29.  
Court of record 
 
17. (1)  The Tribunal is a court of record and shall have an official seal, which shall be 
judicially noticed. 
  G/ADP/N/1/CAN/4 
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Powers 
 
(2)  The Tribunal has, as regards the attenda nce, swearing and examination of witnesses, 
the production and inspection of documents, the enforc ement of its orders and other matters necessary 
or proper for the due exercise of its jurisdiction, a ll such powers, rights and privileges as are vested in 
a superior court of record. 
  
INQUIRIES AND REVIEWS 
 
References and Mid-Term Reviews 
 
Inquiry into economic, trade or commercial matters 
 
18.  The Tribunal shall inquire into and report to the Governor in Council on any matter in 
relation to the economic, trade or commercial inte rests of Canada with re spect to any goods or 
services or any class thereof that the Governor in Council refers to the Tribunal for inquiry. 
 
Inquiry into tariff-related matters 
 
19.  The Tribunal shall inquire into and report to the Minister on any tariff-related matter, 
including any matter concerning the international rights or obligations of Canada in connection 
therewith, that the Minister refers to the Tribunal for inquiry.  
Definition of "principal cause" 
 
19.01  (1) In this section and sections 20 and 20.01, "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.  
Inquiry into United States tariff matters 
 
(2)  The Tribunal shall inquire into and repor t to the Governor in Council on the question 
whether goods that are entitled to the United States Tari ff in the List of Tariff Provisions set out in the 
schedule to the Customs Tariff , other than textile and apparel goods, are, as a result of the reduction of 
that tariff, being imported in such increased qua ntities and under such conditions that they alone 
constitute a principal cause of serious injury to domestic producers of like or directly competitive 
goods, if the Governor in Council, on the recommendati on of the Minister, refers the question to it for 
inquiry and report.  
Inquiry into Mexico and Mexico--United States tariff matters 
 
(3)  The Tribunal shall inquire into and repor t to the Governor in Council on the question 
whether goods that are entitled to the Mexico Tariff, or the Mexico--United States Tariff, in the List 
of Tariff Provisions set out in the schedule to the Customs Tariff , other than textile and apparel goods, 
are, as a result of the reduction of that tariff, being imported in such increased quantities and under 
such conditions that they alone constitute a principa l cause of serious injury, or threat thereof, to 
domestic producers of like or directly comp etitive goods, if the Governor in Council, on the 
recommendation of the Minister, refers th e question to it for inquiry and report. 
 1993, c. 44, s. 36; 1994, c. 47, ss. 31, 46(F); 1997, c. 36, s. 193.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 134 
 
 
Definition of "principal cause" 
 
19.011  (1) In this section, "principal cause" means, in respect of a serious injury, an important 
cause that is no less important than an y other cause of the serious injury. 
 
Emergency measures -- Israel or another CIFTA beneficiary 
 
(2)  The Tribunal shall inquire into and repor t to the Governor in Council on the question 
whether goods that are entitled to the benefit of th e Canada-Israel Free Trade Agreement Tariff are, as 
a result of that entitlement, 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, where the Governor in Council, on the recommendation of the Minister, refers the 
question to it for inquiry and report. 
 
Terms of reference 
 
(3)  The Tribunal shall conduct an inquiry unde r subsection (2) and prepare its report in 
accordance with the terms of refere nce established by the Governor in Council or the Minister, as the 
case may be.  
Tabling of report 
 
(4)  The Minister shall cause a copy of each report submitted to the Governor in Council 
or the Minister 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 
 
(5)  The Tribunal shall cause notice of the s ubmission of a report to be published in the 
Canada Gazette . 
 1996, c. 33, s. 17.  
Definition of "principal cause" 
 
19.012  (1) In this section, "principal cause" means,  in respect of a serious injury or threat 
thereof, an important cause that is no less importa nt than any other cause of the serious injury or 
threat.  
Emergency meas ures – Chile 
 
(2)  The Tribunal shall inquire into and repor t to the Governor in Council on the question 
whether goods that are entitled to the benefit of th e Chile Tariff, other than textile and apparel goods, 
are, as a result of that entitlement, being impor ted in such increased quantities and under such 
conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic 
producers of like or directly competitive goods, if th e Governor in Council, on the recommendation of 
the Minister, refers the question to it for inquiry and report.  
Terms of reference 
 
(3)  The Tribunal shall conduct an inquiry unde r subsection (2) and prepare its report in 
accordance with the terms of refere nce established by the Governor in Council or the Minister, as the 
case may be.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 135 
 
 
Tabling of report 
 
(4)  The Minister shall cause a copy of each report submitted to the Governor in Council 
or the Minister 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 
 
(5)  The Tribunal shall cause notice of the s ubmission of a report to be published in the 
Canada Gazette . 
 1997, c. 14, s. 20.  
Definition of "principal cause" 
 
19.013  (1) In this section, "principal cause" means,  in respect of a serious injury or threat 
thereof, an important cause that is no less importa nt than any other cause of the serious injury or 
threat.  
Emergency measures -- Costa Rica 
 
(2)  The Tribunal shall inquire into and repor t to the Governor in Council on the question 
whether goods that are entitled to the benefit of th e Costa Rica Tariff, other than textile and apparel 
goods, are, as a result of that entitlement, being impor ted in such increased quantities and under such 
conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic 
producers of like or directly competitive goods, if th e Governor in Council, on the recommendation of 
the Minister, refers the question to it for inquiry and report. 
 
Terms of reference 
 
(3)  The Tribunal shall conduct an inquiry unde r subsection (2) and prepare its report in 
accordance with the terms of refere nce established by the Governor in Council or the Minister, as the 
case may be.  
Tabling of report 
 
(4)  The Minister shall cause a copy of each report submitted to the Governor in Council 
or the Minister 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 
 
(5)  The Tribunal shall cause notice of the s ubmission of a report to be published in the 
Canada Gazette . 
 
2001, c. 28, s. 20.  
Mid-term review 
 
19.02  (1) If an order 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  specifies that it 
remains in effect for a period of more than three year s, the Tribunal shall, before the mid-point of the 
period,  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 136 
 
 
(a)  review developments since the order was made respecting the goods that are subject 
to the order and like or directly competitive goods produced by domestic producers; 
 
(b)  in light of the review, prepare a repor t on the developments and provide advice on 
whether the order should remain in eff ect, be repealed or be amended; and 
 
(c)  submit a copy of the report to the Governor in Council and the Minister. 
 
Notice of report 
 
(2)  Where the Tribunal has prepared a report  on a review 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 . 
 
1994, c. 47, s. 32; 1996, c. 33, s. 18; 1997, c. 14, s. 21, c. 36, s. 194.  
Definition of "principal cause" 
 
19.1 (1) For the purposes of this section and secti on 20.1, "principal cause" means, in respect 
of a serious injury, an important cause that is no less important than any other cause of the serious 
injury. 
 
Inquiry into United States tariff matters 
 
(2)  The Tribunal shall inquire into and repor t to the Governor in Council on the question 
whether goods that are entitled to the United States Tari ff 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 lik e or directly competitive goods, if the Governor in 
Council, on the recommendation of the Minister of Fi nance, refers the question to it for inquiry and 
report.  1988, c. 65, s. 52; 1997, c. 36, s. 195. 
 
Inquiry into injury matters 
 
20.  The Tribunal shall inquire into and report to the Governor in Council on any matter in 
relation to  
(a)  the importation of goods into Canada in such increased quantities and under such 
conditions as to be a principal cause of seri ous injury or threat thereof to domestic 
producers of like or directly competitive goods, or 
 
(b)  the provision, by persons normally reside nt outside Canada, of services in Canada 
that may cause or threaten injury to, or th at may retard, the provision of any services 
in Canada by persons norma lly resident in Canada 
 
that the Governor in Council refers to the Tribunal for inquiry.  R.S., 1985, c. 47 (4th Supp.), s. 20; 1994, c. 47, ss. 33, 46(F).   G/ADP/N/1/CAN/4 
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Definition of "contribute importantly" 
 
20.01  (1) In this section, "contribute importantly" has the meaning given those words by 
Article 805 of the Agreement.  
Determination in respect of NAFTA country goods 
 
(2)  Where, in an inquiry conducted pursu ant to a reference under section 20 into goods 
imported from a NAFTA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1 ) into goods so imported that are specified by 
the Tribunal, the Tribunal finds that the speci fied imported goods and goods of the same kind 
imported from 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 
 
(a)  whether the quantity of the specified im ported goods accounts for a substantial share 
of total imports of goods of the same kind; and 
 
(b)  whether the specified imported goods, alone or, in exceptional circumstances, 
together with the goods of the same kind imported from each other NAFTA country, contribute importantly to the serious injury or threat thereof. 
 
Idem  
 
(2.1)  In an inquiry under section 30.07 into goods imported from a NAFTA country 
conducted pursuant to an extension request, the Tr ibunal shall determine in respect of each NAFTA 
country  
(a)  whether the quantity of the goods imported from the NAFTA country accounts for a 
substantial share of total imports of goods of the same kind; and 
 
(b)  whether the goods imported from the NAFTA country alone or, in exceptional 
circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to 
domestic producers of like or directly competitive goods. 
 
Considerations 
 
(3)  In making a determination under this sec tion, the Tribunal shall take fully into 
account paragraph 2 of Article 802 of the Agreement.  1993, c. 44, s. 37; 1994, c. 47, ss. 34, 46(F).  
Determination in respect of goods of Israel or another CIFTA beneficiary 
 
20.02  (1) Where, in an inquiry conducted pursuan t to a reference under section 20 into goods 
imported from Israel or another CIFTA  beneficiary that are specified by the Governor in Council or in 
an inquiry conducted pursuant to a complaint under s ubsection 23(1) into goods so imported that are 
specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being importe d 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 
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(a)  whether the quantity of the specified im ported goods accounts for a substantial share 
of total imports of goods of the same kind; and 
 
(b)  whether the specified imported goods contribute importantly to the serious injury or 
threat thereof. 
 
Determinations 
 
(2)  In the case of an inquiry to which subsecti on (1) applies, the Tribunal shall include in 
its report any determinations made  pursuant to that subsection. 
 
Inquiry under section 30.07 
 
(3)  In an inquiry under section 30.07 into goods imported from Israel or another CIFTA 
beneficiary conducted pursuant to an extens ion request, the Tribunal shall determine 
 
(a)  whether the quantity of the goods accounts fo r a substantial share of total imports of 
goods of the same kind; and 
 
(b)  whether the goods contribute importantly to serious injury, or threat thereof, to 
domestic producers of like or directly competitive goods. 
 
Considerations 
 
(4)  In making a determination under this sec tion, the Tribunal shall take fully into 
account paragraph 2 of Article 4.6 of CIFTA. 
 1996, c. 33, s. 19.  
Definition of "contribute importantly" 
 
20.03  (1) In this section, "contribute importantly" has the meaning given those words by 
Article F-05 of the CCFTA. 
 
Determination in resp ect of Chilean goods 
 
(2)  Where, in an inquiry conducted pursu ant to a reference under section 20 into goods 
imported from Chile that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, 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 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  
(a)  whether the quantity of the specified im ported goods accounts for a substantial share 
of total imports of goods of the same kind; and 
 (b)  whether the specified imported goods contribute importantly to the serious injury or 
threat thereof. 
 
Determinations 
 
(3)  In the case of an inquiry to which subsecti on (2) applies, the Tribunal shall include in 
its report any determinations made under that subsection. 
  G/ADP/N/1/CAN/4 
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Determination where an extension request 
 
(4)  In an inquiry under section 30.07 into goods imported from Chile conducted pursuant 
to an extension request, the Tribunal shall determine  
(a)  whether the quantity of the goods accounts fo r a substantial share of total imports of 
goods of the same kind; and 
 
(b)  whether the goods contribute importantly to serious injury, or threat thereof, to 
domestic producers of like or directly competitive goods. 
 
Considerations 
 
(5)  In making a determination under this sec tion, the Tribunal shall take fully into 
account paragraph 2 of Article F-02 of the CCFTA.  1997, c. 14, s. 22.  
Interpretation 
 
20.1 (1) For the purposes of this section, 
 
"Agreement" « Accord » 
 
"Agreement" has the same meaning as in the Canada-United States Free Trade Agreement 
Implementation Act ; 
 
"contribute importantly" « contribuer de manière importante » 
 
"contribute importantly" has the meaning give n that expression by Article 1104 of the 
Agreement;  
"goods originating in the United States" « marchandises originaires des États-Unis » 
 
"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 wr itten complaint filed un der subsection 23(1). 
 
Interpretation 
 
(2)  In interpreting the term "substantial" for the purposes of this section, regard shall be 
had to paragraph 1 of Artic le 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 th e 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 good s of the same kind originating in other countries G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 140 
 
 and whether the goods originating in the United Stat es contribute importantly to the serious injury or 
threat thereof.  1988, c. 65, s. 53. 
 
Terms of reference 
 
20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.01 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, 19.01 or 20 to be laid before each House of Parliament on 
any of the first fifteen days on which that H ouse 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, 19.01 or 20 to be published in the Canada Gazette . 
 
1993, c. 44, s. 38; 1994, c. 47, s. 35. 
 
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 determinati on 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 H ouse 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. 
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Complaints by Domestic Producers 
 
Definition of "complaint" 
 
21.1  In sections 23 to 30, "complaint" means a written complaint filed with the Tribunal 
under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.07) or (1.08) and, for the 
purposes of those sections, a complaint is properly doc umented 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.  
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 pur poses of those sections, a complaint is properly 
documented if the Tribunal is satisfied that it contai ns or is accompanied by the information required 
by section 23.  
R.S., 1985, c. 47 (4th Supp.), s. 22; 1988, c. 65, s. 55. 
 
Filing of complaint 
 
23. (1)  Any domestic producer of goods that are like or directly competitive with goods 
being imported into Canada, or any person or association acting on  behalf of any such domestic 
producer, may file a written complaint with the Tri bunal alleging that the imported goods are being 
imported in such increased quantities and under such conditions as to cause or threaten serious injury 
to domestic producers of like or directly competitive goods.  
Filing of complaint 
 
(1.01) Any domestic producer of goods that ar e like or directly competitive with any goods, 
other than textile and apparel goods , being imported into Canada and that are entitled to the United 
States Tariff in the List of Tariff Prov isions set out in the schedule to the Customs Tariff , or any 
person or association acting on behalf of any such  domestic producer, may file a written complaint 
with the Tribunal alleging that, as a result of the re duction of that tariff, the imported goods are being 
imported in such increased quantities and under su ch conditions as to alone constitute a cause of 
serious injury to domestic producers of  like or directly competitive goods. 
 
Filing of complaint 
 
(1.02) Any domestic producer of goods that ar e like or directly competitive with any goods, 
other than textile and apparel goods, being imported into Canada and that are entitled to the Mexico 
Tariff, or the Mexico--United States Tariff, in the Li st of Tariff Provisions set out in the schedule to 
the Customs Tariff , or any person or association acting on be half of any such domestic producer, may 
file a written complaint with the Tribunal alleging th at, as a result of the reduction of that tariff, the 
imported goods are being imported in such increa sed quantities and under such conditions as to alone 
constitute a cause of serious injury, or threat th ereof, to domestic producers of like or directly 
competitive goods. 
 
Filing of complaint 
 
(1.03) Any domestic producer of any textile a nd apparel goods that are like or directly 
competitive with any textile and apparel goods being imported into Canada and that are entitled, 
either under section 24 of the Customs Tariff  or, in respect of goods that have been integrated into the 
General Agreement on Tariffs and Trade on the b asis of a commitment made by Canada under any G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 142 
 
 successor agreement to the Multifibre Arra ngement, under subsection 45(13) of the Customs Tariff , to 
the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to 
that Act, or any person or association acting on be half of any such domestic producer, may file a 
written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the 
imported goods are being imported in such increased qua ntities, in absolute terms or relative to the 
domestic market in Canada for the goods, and under such conditions as to cause serious damage, or 
actual threat thereof, to domestic producers of lik e or directly competitive textile and apparel goods. 
 
Filing of complaint -- CIFTA Tariff 
 
(1.04) Any domestic producer of goods that ar e like or directly competitive with goods being 
imported into Canada that are entitled to the Ca nada-Israel Free Trade Agreement Tariff, or any 
person or association acting on behalf of such a domestic producer, may file a written complaint with 
the Tribunal alleging that, as a result of that en titlement, the imported goods  are being imported in 
such increased quantities and under such conditions as to  alone constitute a cause of serious injury to 
domestic producers of like or directly competitive goods. 
 
Filing of complaint -- Chile Tariff 
 
(1.05) Any domestic producer of goods that ar e like or directly competitive with any goods, 
other than textile and apparel goods, being imported into Canada and that are entitled to the Chile 
Tariff, or any person or associati on acting on behalf of such a domestic producer, may file a written 
complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being 
imported in such increased quantities and under su ch conditions as to alone constitute a cause of 
serious injury, or threat thereof, to domestic producers of like or directly competitive goods. 
 
Filing of complaint -- Chile Tariff 
 
(1.06) Any domestic producer of any textile a nd apparel goods that are like or directly 
competitive with any textile and apparel goods being imported into Canada and that are entitled, 
either under section 24 of the Customs Tariff  or, in respect of goods that fall under the scope of the 
Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement on the 
basis of a commitment made by Canada, under section 48 of the Customs Tariff , to the Chile Tariff, or 
any person or association acting on behalf of such  a domestic producer, may file a written complaint 
with the Tribunal alleging that, as a result of that  entitlement, the imported goods are being imported 
in such increased quantities, in ab solute terms or relative to the domestic market in Canada for the 
goods, and under such conditions as to cause serious damage, or actual threat of serious damage, to 
domestic producers of like or directly  competitive textile and apparel goods. 
 
Filing of complaint -- Costa Rica Tariff 
 
(1.07) Any domestic producer of goods that ar e like or directly competitive with any goods, 
other than textile and apparel goods, being imported into Canada and that are entitled to the Costa 
Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a 
written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods 
are being imported in such increased quantities a nd under such conditions as to alone constitute a 
cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.  
Filing of complaint -- Costa Rica Tariff 
 
(1.08) Any domestic producer of any textile a nd apparel goods that are like or directly 
competitive with any textile and apparel goods being imported into Canada and that are entitled, 
either under section 24 of the Customs Tariff  or, in respect of goods that fall under the scope of the 
Agreement on Textiles and Clothing in Annex 1A  of the World Trade Organization Agreement  G/ADP/N/1/CAN/4 
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 pursuant to a commitment made by Canada, under section 49.2 of the Customs Tariff , to the Costa 
Rica Tariff, or any person or association acting on behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods 
are being imported in such increased quantities, in absolute terms or re lative to the domestic market in 
Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, 
to domestic producers of like or direct ly competitive textile and apparel goods. 
 
Filing of complaint 
 
(1.1) Any domestic producer of goods that are like or directly competitive with any goods 
being imported into Canada and that are entitled to  the United States Tariff in the List of Tariff 
Provisions set out in the schedule to the Customs Tariff , or any person or association acting on behalf 
of any such domestic producer, may file a written co mplaint with the Tribunal alleging that as a result 
of the reduction or elimination of that tariff, the imported goods are being imported in such increased 
quantities and under such conditions as to alone cons titute a cause of serious injury to domestic 
producers of like or directly competitive goods. 
 
Contents of complaint 
 
(2)  A complaint shall 
 (a)  state in reasonable detail the facts on which the allegations are 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 complaint is filed; and 
 
(c)  make such other representations as the co mplainant deems relevant to the matter. 
 
Accompanying information 
 
(3)  A complaint shall be accompanied by 
 (a)  such information as is available to the co mplainant to prove the facts referred to in 
paragraph (2)( a) and to substantiate the estimate  referred to in paragraph (2)( b); and 
 
(b)  such other information as may be required by the rules. 
 
Receipt to be acknowledged 
 
(4)  The Tribunal shall, forthwith after the r eceipt of a complaint, notify the complainant 
in writing of the receipt and date of receipt thereof.  R.S., 1985, c. 47 (4th Supp.), s. 23; 1988, c. 65, s. 56; 1993, c. 44, s. 40; 1994, c. 47, ss. 46(F), 47(F); 
1996, c. 33, s. 21; 1997, c. 14, s. 24, c. 36, s. 196; 2001, c. 28, s. 22. 
 
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 pr ovide such additional information as the Tribunal 
considers necessary in order for the co mplaint to be properly documented. 
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Further requests 
 
(2)  Where the Tribunal receives additional information in relation to a complaint 
pursuant to a request made under subsection (1) or th is 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 informati on as the Tribunal considers necessary in order for 
the complaint to be properly documented.  
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 writi ng of the receipt of the complaint and that 
the complaint is properly documented; and 
 
(c)  in the case of a complaint filed under sub section 23(1.03), (1.06) or (1.08), send to 
the Minister a copy of the complaint and th e information examined by the Tribunal in 
making its determination. 
 
Idem  
 
(3)  Where the Tribunal determines under subsec tion (1) that a complaint is not properly 
documented, it shall forthwith notify the complainan t 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.  
Tribunal shall commence inquiry 
 
26. (1) Subject to subsections (4) to (7), the Tri bunal shall, within thirty days after the day on 
which notice is given to a complainant that th e complaint is properly documented, commence an 
inquiry into the complaint if it is satisfied  
(a)  that the information provided by the comp lainant and any other information examined 
by the Tribunal disclose a reasonable indication that 
 
(i)  in the case of a complaint filed under subsection 23(1), the goods that are the 
subject of the complaint are being im ported in such increased quantities and 
under such conditions as to cause or th reaten serious injury to domestic 
producers of like or directly competitive goods, 
 
(i.1)  in the case of a complaint filed under subsection 23(1.01), 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 of that  G/ADP/N/1/CAN/4 
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tariff, being imported in such increased  quantities and under such conditions 
that they alone constitute a cause of se rious injury to domestic producers of 
like or directly competitive goods, 
 
(i.2)  in the case of a complaint filed under subsection 23(1.02), the goods that are 
entitled to the Mexico Tariff, or the Me xico--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 of that tariff, being imported in such increased quantities and under such conditions th at they alone constitute a cause of 
serious injury, or threat thereof, to domestic producers of like or directly 
competitive goods, 
 
(i.3)  in the case of a complaint filed under subsection 23(1.03), the textile and 
apparel goods that are entitled to the United States Tariff, or the Mexico 
Tariff, in the List of Tariff Provisions set out in the schedule to the Customs 
Tariff  are, as a result of the reduction of that tariff, being imported in such 
increased quantities, in absolute terms or relative to the market in Canada for 
the goods, and under such conditions as to cause serious damage, or actual 
threat thereof, to domestic producers of  like or directly competitive textile 
and apparel goods, 
 
(i.4)  in the case of a complaint filed under subsection 23(1.04), the goods that are 
entitled to the Canada-Israel Free Trade Agreement Tariff are, as a result of 
that entitlement, being imported in su ch increased quantities and under such 
conditions that they alone constitute a cause of serious injury to domestic 
producers of like or directly competitive goods, 
 
(i.5)  in the case of a complaint filed under subsection 23(1.05), the goods that are 
entitled to the Chile Tariff are, as a re sult of that entitlement, being imported 
in such increased quantities and under such conditions that they alone 
constitute a cause of serious injury, or th reat thereof, to domestic producers of 
like or directly competitive goods, 
 
(i.6)  in the case of a complaint filed under subsection 23(1.06), the textile and 
apparel goods that are entitled to the Ch ile Tariff are, as a result of that 
entitlement, being imported in such incr eased quantities, in absolute terms or 
relative to the market in Canada for the goods, and under such conditions as 
to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitiv e textile and apparel goods, 
 
(i.7)  in the case of a complaint filed under subsection 23(1.07), the goods that are 
entitled to the Costa Rica Tariff are, as a result of that entitlement, being 
imported in such increased quantities and under such conditions that they 
alone constitute a cause of serious inju ry, or threat thereof, to domestic 
producers of like or directly competitive goods, 
(i.8)  in the case of a complaint filed under subsection 23(1.08), the textile and 
apparel goods that are entitled to the Cost a Rica Tariff are, as a result of that 
entitlement, being imported in such incr eased quantities, in absolute terms or 
relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods, or 
 G/ADP/N/1/CAN/4 
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(ii)  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 c onstitute a cause of serious injury to 
domestic producers of like or directly competitive goods; 
 
(b)  that the complaint is made by or on behalf of domestic producers who produce a 
major proportion of domestic production of  the like or directly competitive goods; 
and 
 
(c)  where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to like 
or directly competitive goods has been comp leted or terminated by the Tribunal under 
this Act during the twenty-four month peri od preceding the date of receipt of the 
complaint, that the circumstances are suffici ently different to warrant a new inquiry. 
 
Notice of decision 
 
(2)  Where the Tribunal decides to comme nce an inquiry into a complaint under 
subsection (1), it shall forthwith  
(a)  notify the complainant and each other interest ed party in writing of its decision, of the 
reasons therefor, and of the date on which any hearing in the in quiry shall commence; 
 (b)  cause a notice of its deci sion and the date on which any hearing in the inquiry shall 
commence to be published in the Canada Gazette ; and 
 
(c)  send a copy of its decision, a copy of the complaint and the information 
accompanying the complaint and a copy of an y other relevant information examined 
by the Tribunal in relation to the complaint to the Minister. 
 
Copies to Minister 
 
(2.1)  Notwithstanding subsection (2), in  the case of a complaint filed under 
subsection 23(1.03), (1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its 
decision and a copy of any relevant information exam ined by the Tribunal in relation to the complaint 
that was not previously sent to the Minister under subsection 25(2).  
Idem  
 
(3)  Where the Tribunal decides not to commence an inquiry into a complaint under 
subsection (1), it shall forthwith 
 
(a)  notify the complainant and each other inter ested 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 complainant, 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 . 
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Evidence of dumping or subsidizing 
 
(4)  Where, before commencing an inquiry into a complaint under subsection (1), 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 
 
(a)  by notice in writing, refer the compla int to the Commissioner of Customs and 
Revenue for consideration under the Special Import Measures Act ; and 
 
(b)  notify the complainant and each other inte rested party in writing that the complaint 
has been so referred to the Commissioner. 
 
Inquiry only in case of dumping 
 
(5)  The Tribunal may commence an inquiry un der subsection (1) into a complaint that 
pursuant to subsection (4) is referred to the Comm issioner of Customs and Revenue for consideration 
under the Special Import Measures Act  only if 
 
(a)  the Commissioner does not initiate an i nvestigation 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 i nvestigation 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 Commissioner do es not initiate such an investigation, 
within thirty days after the date of th e notice sent to the complainant pursuant 
to subsection 33(1) of that Act advising the complainant of the 
Commissioner's decision or, where the Commissioner or complainant refers 
to the Tribunal the question mentioned in  subsection 33(2) of that Act, within 
thirty days after the date the Tribuna l renders its advice on the question, or 
 
(ii)  in the case where the Commissioner 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 afte r 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 th at 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 complain t under subsection (1) in respect of the goods no 
earlier than one hundred and eighty days  before the end of the period. 
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G/SCM/N/1/CAN/4 Page 148 
 
 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.  
Principal cause of injury 
 
27. (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to 
any regulations made pursuant to paragraph 40( a), 
 
(a)  in the case of a complaint filed under subsection 23(1), the goods that are the subject 
of the complaint are being imported in such increased quantities and under such 
conditions as to be a principal cause of seri ous injury, or threat thereof, to domestic 
producers of like or directly competitive goods; 
 
(a.1)  in the case of a complaint filed under s ubsection 23(1.01), 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 of that tariff, being imported in 
such increased quantities and under such c onditions that they alone constitute a 
principal cause of serious injury to domes tic producers of like or directly competitive 
goods; 
 
(a.2)  in the case of a complaint filed under s ubsection 23(1.02), the goods that are entitled 
to the Mexico Tariff, or the Mexico--Unite d States Tariff, in the List of Tariff 
Provisions set out in the schedule to the Customs Tariff  are, as a result of the 
reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a prin cipal cause of serious injury, or threat 
thereof, to domestic producers of like or directly competitive goods; 
 
(a.3)  in the case of a complaint filed under subsection 23(1.03), the textile and apparel 
goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff  are, as a result of the 
reduction of that tariff, being imported in su ch increased quantities, in absolute terms 
or relative to the market in Canada fo r the goods, and under such conditions as to 
cause serious damage, or actual threat thereof, to domestic producers of like or 
directly competitive tex tile and apparel goods; 
 
(a.4)  in the case of a complaint filed under s ubsection 23(1.04), the goods that are entitled 
to the Canada-Israel Free Trade Agreement Tari ff are, as a result of that entitlement, 
being imported in such increased quantities a nd under such conditions that they alone 
constitute a principal cause of serious injury  to domestic producers of like or directly 
competitive goods; 
 
(a.5)  in the case of a complaint filed under s ubsection 23(1.05), the goods that are entitled 
to the Chile Tariff are, as a result of that entitlement, being imported in such 
increased quantities and under such conditions that they alone constitute a principal 
cause of serious injury, or threat thereof,  to domestic producers of like or directly 
competitive goods; 
 
(a.6)  in the case of a complaint filed under subsection 23(1.06), the textile and apparel 
goods that are entitled to the Chile Tariff ar e, as a result of that entitlement, being 
imported in such increased quantities, in abso lute terms or relative to the market in 
Canada for the goods, and under such cond itions as to cause serious damage, or  G/ADP/N/1/CAN/4 
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actual threat thereof, to domestic producers of like or directly competitive textile and 
apparel goods; 
 
(a.7)  in the case of a complaint filed under s ubsection 23(1.07), the goods that are entitled 
to the Costa Rica Tariff are, as a result of that entitlement, being imported in such 
increased quantities and under such conditions that they alone constitute a principal 
cause of serious injury, or threat thereof,  to domestic producers of like or directly 
competitive goods; 
 
(a.8)  in the case of a complaint filed under subsection 23(1.08), the textile and apparel 
goods that are entitled to the Costa Rica Ta riff are, as a result of that entitlement, 
being imported in such increased quantities,  in absolute terms or relative to the 
market in Canada for the goods, and unde r such conditions as to cause serious 
damage, or actual threat thereof, to domes tic producers of like or directly competitive 
textile and apparel goods; or 
 
(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), "princ ipal 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. 
 
Considerations 
 
(2.1)  In making a determ ination under paragraph (1)( a.3), regard shall be had to paragraph 
2 of section 4 of Annex 300-B of Chapter Three of the Agreement.  
Considerations 
 
(2.2)  In making a determ ination 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 determ ination 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.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 150 
 
 
Reference to Commissioner 
 
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 th e 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 Commissioner of Customs and Revenue for 
consideration under the Special Import Measures Act . 
 
Resumption of inquiry 
 
(2)  Where, pursuant to subsection (1), the Tr ibunal adjourns an inquiry into a complaint 
and refers the complaint to the Commissioner of  Customs and Revenue for consideration under the 
Special Import Measures Act , the Tribunal shall resume the inquiry only if 
 
(a)  the Commissioner does not initiate an i nvestigation 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 i nvestigation 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 Commissioner do es not initiate such an investigation, 
within thirty days after the date of th e notice sent to the complainant pursuant 
to subsection 33(1) of that Act advising the complainant of the 
Commissioner's decision or, where the Commissioner or complainant refers 
to the Tribunal the question mentioned in  subsection 33(2) of that Act, within 
thirty days after the date the Tribuna l renders its advice on the question, or 
 
(ii)  in the case where the Commissioner 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 su bsection have not been met, the Tribunal shall 
terminate the inquiry and cause written notice of su ch 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. 
 
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 a nd 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,  G/ADP/N/1/CAN/4 
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(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 G overnor in Council refers a matter to the 
Tribunal for examination in an inquiry into a compla int, the Minister shall cause a copy of the report 
on the inquiry to be laid before each House of Parlia ment on any of the first fifteen days on which that 
House is sitting after the report is s ubmitted to the Governor in Council. 
 
R.S., 1985, c. 47 (4th Supp.), s. 29; 2002, c. 19, s. 2(F). 
 
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 comp lainant and any other pers on to whom a copy of 
the report on the original inquiry was submitted pursuant to subsection 29(3). 
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Notice of report 
 
(4)  The Tribunal shall cause notice of the s ubmission 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).  
Definition of "surge" 
 
30.01  (1) In this section, "surge" has the meaning given that word by Article 805 of the 
Agreement. 
 
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 NAFTA 
country on the basis of a determination ma de under subsection 20.01(2) or (2.1) of 
this Act. 
 
Allegations 
 
(2.1)  The complaint must allege that a su rge of imports of goods imported from a NAFTA 
country undermines the effectiveness of the su rtax or the inclusion of the goods on 
the Import Control List. 
 
Who must file complaint 
 
(2.2)  The complaint must be filed by a dom estic 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 co mplainant 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 inform ation provided by the  G/ADP/N/1/CAN/4 
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 complainant and any other information examined by  the Tribunal disclose a reasonable indication that 
a surge of imports of goods referred to in subsecti on (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 informa tion that was obtained from a source other than the 
complainant, of the fact that the decision was ba sed in whole or in part on that information. 
 
Surge of imports 
 
(6)  The Tribunal shall, in the inquiry, de termine whether a surge of imports of goods 
referred to in subsection (2) is undermining the effec tiveness 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 represen tations 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.  
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 surg e of imports of goods imported from Israel or 
another CIFTA beneficiary undermines the effectiven ess 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 dom estic producer of like or directly competitive 
goods, or a person or association acting on behalf of such a domestic producer. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 154 
 
 
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 inform ation 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 su bsection (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 compla inant 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 informa tion that was obtained from a source other than the 
complainant, of the fact that the decision was ba sed in whole or in part on that information. 
 
Surge of imports 
 
(7)  The Tribunal shall, in the inquiry, de termine whether a surge of imports of goods 
referred to in subsection (1) is undermining the effect iveness 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 represen tations 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.  
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 
  G/ADP/N/1/CAN/4 
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(b)  the surtax or inclusion does not apply to or include goods imported from Chile on the 
basis of a determination made under sub section 20.03(2) or (4) of this Act. 
 
Allegations 
 
(3)  The complaint must allege that a su rge of imports of goods imported from Chile 
undermines the effectiveness of the surtax or the in clusion of the goods on the Import Control List. 
 
Who must file complaint 
 
(4)  The complaint must be filed by a dom estic 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 inform ation 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 su bsection (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 compla inant 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 informa tion that was obtained from a source other than the 
complainant, of the fact that the decision was ba sed in whole or in part on that information. 
 
Surge of imports 
 
(8)  The Tribunal shall, in the inquiry, de termine whether a surge of imports of goods 
referred to in subsection (2) is undermining the effec tiveness 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 represen tations 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. 
 
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EXTENSION INQUIRIES 
 
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.  
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 surt ax on any goods under sub section 55(1), section 60 or 
subsection 63(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; or 
 
(b)  the total of the effective period specified in the order and any periods during which 
the goods were subject to any related or ders 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. 
 
Manner and contents of publication 
 
(2)  The notice shall be publi shed in accordance with the ru les 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.  
Filing of request relating to extension orders 
 
30.04  (1) Any domestic producer of goods that ar e like or directly competitive with any goods 
that are subject to an order referred to in subsec tion 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) 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.  
Time limit for filing extension request 
 
(2)  An extension request shall be filed no late r 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. 
  G/ADP/N/1/CAN/4 
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Contents of extension request 
 
30.05  (1) An extension request shall 
 
(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 extension request is filed; and 
 
(c) make such other representations as the requester deems 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 estimate  referred to in paragraph (1)( b); and 
 
(b)  such other information as may be required by the rules. 
 1994, c. 47, s. 38.  
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 su ch 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 ex tension 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 ex tension 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. 
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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 request er 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 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 interest ed 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 deci sion 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 decisi on, 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 comme nce an inquiry into an extension request 
under subsection (1), it shall forthwith  
(a)  notify the requester and each other interest ed 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 th e 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. 
 
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 prev ent or remedy serious injury to domestic 
producers of like or directly competitive goods; and 
 
(b)  there is evidence that the domestic produ cers of like or directly competitive goods are 
adjusting, as determined in  accordance with any regulations made under paragraph 
40(b).  G/ADP/N/1/CAN/4 
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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 G overnor in Council refers to it for examination. 
1994, c. 47, s. 38. 
 
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, th e 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), th e 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.   
COMPLAINTS BY POTENTIAL SUPPLIERS 
 
Definitions 
 
30.1 In this section and in sections 30.11 to 30.19, 
 
"complaint" « plainte  » 
 
"complaint" means a complaint filed with the Tribunal under subsection 30.11(1); 
 
"designated contract" « contrat spécifique  » 
 
"designated contract" means a contract for the supp ly of goods or services that has been or is 
proposed to be awarded by a government institution a nd that is designated or of a class of contracts 
designated by the regulations;  
"government institution" « institution fédérale  » 
 
"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; 
 
"interested party" « intéressée  » 
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G/SCM/N/1/CAN/4 Page 160 
 
 
"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;  
"potential supplier" « fournisseur potentiel  » 
 
"potential supplier" means, subject to any regulations made  under paragraph 40( f.1), a bidder 
or prospective bidder on a designated contract.  1993, c. 44, s. 44; 1994, c. 47, s. 39.  
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 designate d 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 informa tion 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).  
Notice of receipt 
 
30.12  (1) The Tribunal shall notify the complainant in writing of the receipt of the complaint. 
  G/ADP/N/1/CAN/4 
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Notice of deficiency 
 
(2)  Where the Tribunal determines that a complaint does not comply with 
subsection 30.11(2), it shall notify the complainan t in writing and specify the deficiencies to be 
corrected, the corrective action required and the pe riod within which the action must be taken. 
 
Notice of compliance 
 
(3)  Where the Tribunal determines that a co mplaint complies with subsection 30.11(2), it 
shall notify, in writing, the complainant, the rele vant government institution and any other party that 
the Tribunal considers to be an interested party.  1993, c. 44, s. 44. 
 
Decision to conduct inquiry 
 
30.13  (1) Subject to the regulations, after the Tr ibunal 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 gove rnment institution certifies in writing that the 
procurement of the goods or services to which the desi gnated 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 no tify, 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. 
 
Matters inquired into 
 
30.14  (1) In conducting an inquiry, the Tribunal sh all limit its considerations to the subject-
matter of the complaint. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 162 
 
  
Matter to be decided 
 
(2)  At the conclusion of an inquiry, the Trib unal 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 wh ich it belongs, have been or are being observed. 
 
1993, c. 44, s. 44. 
 
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 co mplainant, 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 Tri bunal determines that a complaint is valid, it 
may recommend such remedy as it considers appropr iate, 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 th e procurement process found by the Tribunal; 
 (b)  the degree to which the complainant and a ll 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.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 163 
 
  1993, c. 44, s. 44.  
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.  
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.  
Implementation of recommendations 
 
30.18  (1) Where the Tribunal makes recommenda tions 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 govern ment institution shall advise the Tribunal in 
writing of the extent to which it intends to implem ent 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 a dvised the Tribunal that it intends to 
implement the recommendations in whole or in pa rt, 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. 
 
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 th e Tribunal considers should be brought to the 
attention of the deputy head in conn ection with the procurement process. 
 
Definition of "deputy head" 
 
(2)  In subsection (1), "deputy head" means 
 (a)  where the government institution is a depa rtment or ministry of state, the person 
having by law the status of deputy head; and G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 164 
 
  
(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. 
  
SAFEGUARD MEASURES IN RESPECT OF CHINA 
 
Definitions 
 
30.2 The following definitions apply in this  section and in sections 30.21 to 30.25. 
 
"action" « mesure  » 
 
"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 Ca nada 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). 
 
"market disruption" « désorganisation du marché  » 
 
"market disruption" means a rapid increase in the im portation of goods that are like or directly 
competitive with goods produced by a domestic indu stry, 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.  
"significant cause" « cause importante  » 
 
"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.  
"WTO Member" « membre de l'OMC  » 
 
"WTO Member" means a Member of the World Trade Organization established by Article I 
of the Agreement Establishing the World Trade Orga nization, signed at Marrakesh on April 15, 1994. 
 2002, c. 19, s. 4.  
Inquiry into market disruption and trade diversion 
 
30.21  (1) The Tribunal shall inquire into and re port to the Governor in Council on any matter 
in relation to 
  G/ADP/N/1/CAN/4 
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(a)  the importation of goods originating in th e People's Republic of China into Canada in 
such increased quantities or under such cond itions 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 ca use 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 referen ce 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.  
Filing of complaint -- market disruption 
 
30.22  (1) Any domestic producer of goods that ar e like or directly competitive with goods 
originating in the People's Republic of China being imported into Canada, or any person or 
association acting on behalf of any such domestic producer, may file a written complaint with the 
Tribunal alleging that the importe d goods are being imported in such increased quantities or under 
such conditions as to cause or thr eaten to cause market disruption to domestic producers of like or 
directly competitive goods. 
 
Contents of complaint 
 
(2)  A complaint shall 
 (a)  state in reasonable detail the facts on which the allegations are 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 complaint 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 deems relevant to the matter. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 166 
 
 
Commencement of inquiry 
 
(3)  On receipt of a complaint that meets th e requirements of subsection (2), the Tribunal 
shall commence an inquiry into th e complaint if it is satisfied 
 
(a)  that the information provided by the comp lainant and any other information examined 
by the Tribunal discloses a reasonable i ndication that the goods originating in the 
People's Republic of China that are the subj ect of the complaint are being imported in 
such increased quantities or under such cond itions as to cause or threaten to cause 
market disruption to domestic producers of like or directly competitive goods; 
 
(b)  that the complaint is made by or on behalf of domestic producers who produce a 
major proportion of the domestic production of  the like or directly competitive goods; 
and 
 
(c)  where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation 
to like or directly competitive goods has been completed or terminated during the 
twelve-month period preceding the date of receipt of the complaint, that the circumstances are suffi ciently different to warrant a new inquiry. 
 
Notice of decision to commence inquiry 
 
(4)  Where the Tribunal decides to commence an inquiry into the complaint, it shall 
immediately 
 
(a)  notify the complainant and each other interest ed party in writing of its decision, of the 
reasons for it and of the date on which any hearing in the inquiry shall commence; 
 (b)  cause a notice of its deci sion 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 d ecision, a copy of the complaint, and the 
information accompanying the complaint,  and a copy of any other relevant 
information examined by the Tribunal in relation to the complaint. 
 
Notice of decision not to commence inquiry 
 
(5) Where the Tribunal decides not to commen ce an inquiry into the complaint, it shall 
immediately  
(a)  notify the complainant and each other interest ed party in writing of its decision, of the 
reasons for its refusal to co mmence an inquiry and, where the reasons for its decision 
are based in whole or in part on inform ation that was obtained from a source other 
than the complainant, of the fact that th e 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 . 
 
Determination by Tribunal 
 
(6)  The Tribunal shall, in the inquiry into the complaint, determine whether, having 
regard to any regulations ma de pursuant to paragraphs 40( a) and ( k.1), the goods originating in the 
People's Republic of China that are the subject of the complaint are being imported in such increased  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 167 
 
 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 i nquiry 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 repr esentations 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), th e Governor in Council refers a matter to the 
Tribunal, the Minister shall cause a copy of the repor t on the inquiry to be laid before each House of 
Parliament on any of the first fifteen days on whic h that House is sitting after the report is submitted 
to the Governor in Council.  2002, c. 19, s. 4. 
 
Filing of complaint -- trade diversion 
 
30.23  (1) Any domestic producer of goods that ar e like or directly competitive with goods 
that are subject to any action, or any person or  association acting on behalf of any such domestic 
producer, may file a written complaint with the Tribuna l alleging that the action causes or threatens to 
cause a significant diversion of trade into the domestic market in Canada.  
Contents of complaint 
 
(2)  A complaint shall 
 (a)  state in reasonable detail the facts on which the allegations are 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 complaint 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 deems relevant to the matter. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 168 
 
 
Commencement of inquiry 
 
(3)  On receipt of a complaint that meets th e requirements of subsection (2), the Tribunal 
shall commence an inquiry into th e complaint if it is satisfied 
 
(a)  that the information provided by the comp lainant and any other information examined 
by the Tribunal discloses a reasonable indication that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and 
 
(b)  that the complaint is made by or on behalf of domestic producers who produce a 
major proportion of domestic production of the like or directly competitive goods. 
 
Notice of decision to commence inquiry 
 
(4)  Where the Tribunal decides to commence an inquiry into the complaint, it shall 
immediately  
(a)  notify the complainant and each other interest ed party in writing of its decision, of the 
reasons for it and of the date on which any hearing in the inquiry shall commence; 
 
(b)  cause a notice of its deci sion 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 d ecision, a copy of the complaint, and the 
information accompanying the complaint,  and a copy of any other relevant 
information examined by the Tribunal in relation to the complaint. 
 
Notice of decision not to commence inquiry 
 
(5)  Where the Tribunal decides not to commen ce an inquiry into the complaint, it shall 
immediately 
 
(a)  notify the complainant and each other interest ed party in writing of its decision, of the 
reasons for its refusal to co mmence an inquiry and, where the reasons for its decision 
are based in whole or in part on inform ation that was obtained from a source other 
than the complainant, of the fact that th e 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 . 
 
Determination by Tribunal 
 
(6)  The Tribunal shall, in the inquiry into the complaint, determine whether, having 
regard to any regulations ma de pursuant to paragraphs 40( a) and ( k.1), an action causes or threatens to 
cause a significant diversion of trade into the domestic market in Canada. 
 
Other matters 
 
(7)  The Tribunal shall, in an inquiry, examine any other matter in relation to the 
complaint that the Governor in Council refers to it for examination.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 169 
 
 
Report on inquiry 
 
(8)  The Tribunal shall prepare a report on the inquiry not later than seventy 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 repr esentations 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), th e Governor in Council refers a matter to the 
Tribunal, the Minister shall cause a copy of the repor t on the inquiry to be laid before each House of 
Parliament on any of the first fifteen days on whic h that House is sitting after the report is submitted 
to the Governor in Council.  2002, c. 19, s. 4.  
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 an y 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 referen ce 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 comp lainant and any other pers on to whom a copy of 
the report on the original inquiry was submitted pur suant 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. 
 
Notice of expiring orders 
 
30.25  (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 77. 1(2) or 77.3(1) of the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 170 
 
 Customs Tariff  or includes any goods on the Import Control List under subsection 5.4(2) or (4) of the 
Export and Import Permits Act , but no notice shall be published if the order ceases to have effect or is 
repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs Tariff  or is repealed 
under subsection 5.4(5) of the Export and Import Permits Act  before the end of the effective period 
specified in that order. 
 
Manner and contents of publication 
 
(2)  The notice shall be publi shed in accordance with the ru les and shall state the final 
date for filing an extension request in respect of the order.  
Filing of request relating to extension orders 
 
(3)  Any domestic producer of goods that are like or directly competitive with any goods 
that are subject to an order referred to in subsec tion (1), or any person or association acting on behalf 
of any such domestic producer, may file with the Tr ibunal a written request that an extension order be 
made under subsection 77.3(1) of the Customs Tariff  or subsection 5.4(4) of the Export and Import 
Permits Act  because an order continues to be necessary to  prevent or remedy market disruption to 
domestic producers of like or directly competitive goods. 
 
Time limit for filing extension request 
 
(4)  An extension request shall be filed no late r than the final date for filing specified in 
the notice published pursuant to subsection (2).  
Receipt to be acknowledged 
 
(5)  The Tribunal shall, forthwith after receipt of an extension request, notify the requester 
in writing of its receipt and the date of its receipt.  
Contents of extension request 
 
(6)  An extension request shall 
 (a)  state in reasonable detail the facts on which the allegations are 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 extension request 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 requester deems relevant to the matter. 
 
Inquiries into extension requests 
 
(7)  On receipt of an extension request that  meets the requirements of subsection (6), the 
Tribunal shall commence an inquiry into the request with in thirty days after the request is filed if the 
Tribunal is satisfied 
  G/ADP/N/1/CAN/4 
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 Page 171 
 
 
(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 market disruption to domestic producers of like or directly competitive goods; and 
 
(b)  that the extension request is made by or on behalf of domestic producers who produce 
a major proportion of the domestic production of the like or directly competitive goods. 
 
Notice of decision to commence inquiry 
 
(8)  Where the Tribunal decides to commence an inquiry into the extension request, it 
shall immediately  
(a)  notify the requester and each other interest ed party in writing of its decision, of the 
reasons for it and of the date on which any hearing in the inquiry shall commence; 
 
(b)  cause a notice of its deci sion 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 extension request, and the 
information accompanying the extension request, 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 commenc e an inquiry into the extension request, it 
shall immediately  
(a)  notify the requester and each other interest ed party in writing of its decision, of the 
reasons for its refusal to co mmence an inquiry and, where the reasons for its decision 
are based in whole or in part on inform ation that was obtained from a source other 
than the requester, of the fact that the deci sion 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 reme dy 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 G overnor 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. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 172 
 
  
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), th e Governor in Council refers a matter to the 
Tribunal, the Minister shall cause a copy of the repor t on the inquiry to be laid before each House of 
Parliament on any of the first fifteen days on whic h that House is sitting after the report is submitted 
to the Governor in Council.  
2002, c. 19, s. 4. 
 
Expiry date 
 
30.26   Sections 30.2 to 30.25 cease to have effect on 11 December 2013. 
 2002, c. 19, s. 4. 
 
 
GENERAL 
 
Procedural Matters 
 
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.  
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. 
 
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 exerci se 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 Tri bunal 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  G/ADP/N/1/CAN/4 
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 Page 173 
 
 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).  
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. 
 
Conduct of proceedings 
 
35.  Hearings before the Tribunal shall be conducted as informally and expeditiously as 
the circumstances and considerations of fairness permit.  
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. 
 
Publication of decisions 
 
37.  The Tribunal shall cause notice of its decisi on in any proceedings held by it pursuant 
to any other Act of Parliament to  be published forthwith in the Canada Gazette . 
 
 
By-laws, Rules and Regulations 
 
By-laws 
 
38. (1)  The Tribunal may make by-laws respec ting the calling of meetings of the Tribunal 
and the conduct of business at meetings of the Tribunal. 
 
Quorum 
 
(2)  A majority of the permanent members in office shall constitute a quorum of the 
Tribunal for the purpose of making by-laws under subsection (1).  
Rules 
 
39. (1) The Tribunal may, after consultation with  the Minister and with the approval of the 
Governor in Council, make rules, not inconsiste nt with this or any other Act of Parliament, 
 
(a)  respecting the sittings of the Tribunal; 
 (b)  for the purpose of ensuring that a conflict of interest will not be created by reason of 
the assignment of any member to sit at hearings of the Tribunal or to hear, determine 
and deal with a matter before the Tri bunal and generally for the prevention of 
conflicts of interest; 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 174 
 
 
(c)  specifying any additional information that must accompany a complaint filed under 
any of subsections 23(1) to (1.1), 30.01 (2), 30.011(1), 30.012(2), 30.11(1), 30.22(1) 
and 30.23(1) or an extension request file d under subsection 30.04(1) or 30.25(3); and 
 
(d)  generally, governing the proceedings, practice and procedures of the Tribunal. 
 
Quorum 
 
(2)  A majority of the permanent members in office shall constitute a quorum for the 
purpose of making rules under subsection (1). 
 
R.S., 1985, c. 47 (4th Supp.), s. 39; 1988, c. 65, s. 59(E); 1993, c. 44, s. 45; 1994, c. 47, s. 41; 1996, c. 
33, s. 27; 1997, c. 14, s. 31; 2002, c. 19, s. 5.  
Regulations 
 
40.  The Governor in Council may make regulations 
 
(a)  respecting the matters to be addressed or examined by the Tribunal in an inquiry 
commenced under this Act; 
 
(a.1)  respecting the number of members that  constitute a quorum for the purposes of 
 
(i)  hearing, determining and dealing w ith appeals referred to in paragraph 16( c), 
 
(ii)  conducting inquiries and reporting on matters referred to the Tribunal 
pursuant to section 18, 19 or 30.21, or 
 
(iii)  reviewing and reporting on devel opments and providing advice pursuant to 
section 19.02; 
 
(b)  defining the expressions "domestic produc tion" and "like or directly competitive 
goods" for the purposes of this Act and provi ding factors for determining under this 
Act whether domestic producers of like or di rectly competitive goods are adjusting; 
 
(c)  defining the expression "other interested party" for the purposes of any provision of 
this Act; 
 (d)  defining the expression "procurement process" for the purposes of this Act; 
 
(e)  designating departments, ministries of state, bodies or offices for the purposes of the 
definition "government institution" in section 30.1; 
 
(f)  designating contracts or classes of c ontracts for the purposes of the definition 
"designated contract" in section 30.1; 
 
(f.1)  determining, for the purposes of sec tions 30.1 to 30.19, whether a bidder or 
prospective bidder on a designated contract has standing to be a potential supplier; 
 (g)  respecting the filing of complaints under subsection 30.11(1), including any 
conditions that must be met before a co mplaint may be filed and the time within 
which and manner in which it must be filed; 
  G/ADP/N/1/CAN/4 
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(h)  requiring fees to be paid on the filing of a complaint under subsection 30.11(1) and 
prescribing those fees or the manner of determining those fees; 
 (i)  respecting the conditions that must be me t before the Tribunal may begin an inquiry 
into a complaint filed under subsection 30.11( 1) and the matters to be addressed or 
examined by the Tribunal in the inquiry; 
 
(j)  prescribing, for the purposes of subsection 30.14(2), the procedures and other 
requirements to be observed in respect of any contract or class of contracts; 
 
(k)  respecting the recommendations and orders that the Tribunal may make under 
section 30.15 and the extent, if any, to which a government institution must 
implement the Tribunal's recommendations pursuant to section 30.18; 
 
(k.1)  providing, for the purposes of sections 30.2  to 30.25, factors for determining whether 
 
(i)  goods originating in the People's Republic of China are being imported in 
such increased quantities or under such c onditions as to cause or threaten to 
cause market disruption to domestic producers of like or directly competitive goods, or 
 
(ii)  an action causes or threatens to cause  a significant diversion of trade into the 
domestic market in Canada; 
 
(l)  respecting the awarding of costs by the Tribunal under section 30.16, including the 
maximum amount that may be awarded in relation to any item of costs, and 
determining by whom and to whom any costs are to be paid and by whom they are to 
be taxed and allowed; 
 
(m)  prescribing any other matter or thing that, by this Act, is to be or may be prescribed; 
and 
 
(n)  generally, for carrying out the purposes and provisions of this Act. 
 
R.S., 1985, c. 47 (4th Supp.), s. 40; 1993, c. 44, s. 46; 1994, c. 47, s. 42; 2002, c. 19, s. 6.  
 
Annual Report 
 
Annual report 
 
41.  The Tribunal shall, within three months after the end of each fiscal year, submit to the 
Minister a report relating to the activities of the Tribunal for that fiscal year. 
 
Tabling of report 
 
42.  The Minister shall cause a copy of each report submitted to the Minister pursuant to 
section 41 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.   G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 176 
 
 
Disclosure of Information 
 
Definition of "information" 
 
43.  In sections 44 to 49, "i nformation" includes evidence. 
 
 
Information to be disclosed 
 
44.  Where information is provided to the Tribunal for the purposes of any proceedings 
before the Tribunal, every party to the proceedings has, unless the information is information to which 
subsection 45(1) applies, a right, on request, to examine the information during the normal business 
hours of the Tribunal and a right, on payment of the prescribed fee, to be provided with copies of any 
such information that is in documentary form or in any other form in which it may be readily and 
accurately copied.  
Information to be disclosed 
 
44.1 (1) Where information is provided to the Tr ibunal for the purposes of proceedings before 
the Tribunal under the Special Import Measures Act  in respect of goods imported from a NAFTA 
country, other than proceedings under section 33, s ubsection 34(1), section 35 or subsection 45(1) or 
61(1) of that Act, the Secretary of the Tribunal shall, on request, provide the government of that country with copies of any such information that is  in documentary form or in any other form in 
which it may be readily and accurately copied, unless the information is information to which 
subsection 45(1) of this Act or sub section 84(1) of that Act applies. 
 
Definition of "government" 
 
(2)  For the purposes of subsection (1), "g overnment" has the meaning assigned to the 
expression "government of a NAFTA country" by subsection 2(1) of the Special Import Measures 
Act. 
 1993, c. 44, s. 47; 1994, c. 47, s. 43. 
 
Information not to be disclosed 
 
45. (1) Where a person designates information as confidential pursuant to paragraph 46(1)( a) 
and that designation is not withdrawn by that pe rson, no member and no person employed in the 
public service of Canada who comes into possession of that information while holding that office or being so employed shall, either before or afte r ceasing to hold that office or being so employed, 
knowingly disclose that information, or knowingly allo w it to be disclosed, to any other person in any 
manner that is calculated or likely to make it availa ble for the use of any business competitor or rival 
of any person to whose business or affairs the information relates.  
Disclosure of summary or statement 
 
(2)  Subsection (1) does not apply in respect of any non-confidential edited version or 
non-confidential summary of information or statement referred to in paragraph 46(1)( b). 
 
Disclosure to counsel and experts 
 
(3)  Notwithstanding subsection (1), informati on to which that subsection applies that has 
been provided to the Tribunal in any proceedings  before the Tribunal may be disclosed by the 
Tribunal to counsel for any party to those proceedi ngs or to other proceedings arising out of those 
proceedings or to an expert, acting under the c ontrol or direction of that counsel, for use,  G/ADP/N/1/CAN/4 
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 notwithstanding any other Act or law, by that counsel  or expert only in those proceedings, subject to 
any conditions that the Tribunal considers reasona bly necessary or desirabl e to ensure that the 
information will not, without the written consent of  the person who provided the information to the 
Tribunal, be disclosed by counsel or  the expert to any person in any ma nner 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 on whose behalf the expert is acting; or 
 
(b)  any business competitor or rival of an y person to whose business or affairs the 
information relates. 
 
Disclosure to Tribunal's experts 
 
(3.1)  Notwithstanding subsection (1), the Tri bunal may disclose information to which that 
subsection applies to an expert retained by the Tri bunal for use, notwithstanding any other Act or law, 
by the expert only in proceedings before the Tribunal under the Special Import Measures Act  or this 
Act, subject to any conditions that the Tribunal c onsiders reasonably necessary or desirable to ensure 
that the information will not, without the written c onsent of the person who provided the information 
to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to 
make it available to  
(a)  any party to the proceedings; or 
 (b)  any business competitor or rival of an y person to whose business or affairs the 
information relates. 
 
Disclosure to persons described in subsection (5) 
 
(3.2)  For greater certainty, disclosure of information under subsection (3) or (3.1) to a 
person described in subsection (5) who is an employee  of an institution of th e Government of Canada 
that is a party to the proceedings or, in the case of  subsection (3), other pro ceedings is not disclosure 
to a party to those proceedings for th e purposes of subsection (3) or (3.1). 
 
Definition of "counsel" 
 
(4)  In subsection (3), "counsel", in relation to a party to proceedings, includes any 
person, other than a director, servant or employee of  the party, who acts in the proceedings on behalf 
of the party.  
Persons who may be recognized as experts 
 
(5)  In subsections (3) and (3.1), "expert" in cludes any of the following persons whom the 
Tribunal recognizes as an expert: 
 
(a)  persons whose duties involve the carrying out of the Competition Act  and who are 
referred to in section 25 of that Act, other th an persons authorized by the Governor in 
Council to exercise the powers and perform the duties of the Director of Investigation and Research; 
 
(b)  in respect of the determination of damages and costs in procurement review 
proceedings, persons employed in the government institution involved in the 
procurement under review; and 
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G/SCM/N/1/CAN/4 Page 178 
 
 
(c)  any prescribed person. 
 
Offence 
 
(6)  Every person commits an offence who 
 
(a)  uses information disclosed to the person by  the Tribunal under subsection (3) or (3.1) 
for any purpose other than the purpose for which the information was disclosed under that subsection; or 
 
(b)  contravenes any condition imposed by th e Tribunal under subsection (3) or (3.1). 
 
Punishment 
 
(7)  Every person who commits an offe nce under subsection (6) is guilty of 
 (a)  an indictable offence and liable to a fine of not more than $1,000,000; or 
 
(b)  an offence punishable on summary conviction and liable to a fine of not more 
than $100,000. 
 
Consent 
 
(8)  No proceedings for an offence under s ubsection (6) shall be instituted without the 
consent in writing of the Attorney General of Canada. 
 
Bar from appearing before Tribunal 
 
(9)  In addition to any punishment imposed under subsection (7), counsel or an expert 
who commits an offence under subsection (6) may be barred by the Tribunal from any further 
appearance before it in respect of any proceedings before the Tribunal for the period that the Tribunal 
considers appropriate.  
R.S., 1985, c. 47 (4th Supp.), s. 45; 1994, c. 47, s. 44; 1999, c. 12, s. 59. 
 
Designation of information as confidential 
 
46. (1) Where a person who provides information to the Tribunal for the purposes of 
proceedings before the Tribunal wishes some or all of the information to be kept confidential, the 
person shall submit to the Tribunal, at the time the information is provided, 
 
(a)  a statement designating as confidential the information that the person wishes to be 
kept confidential, together with an e xplanation as to why that information is 
designated 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 
  G/ADP/N/1/CAN/4 
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 Page 179 
 
 
(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 the 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 the non-confid ential edited version, the non-confidential 
summary or the statement referred to in paragraph (1)( b); 
 
(b)  the person provides a non-confidential edited version or a summary of the 
information designated as confidential pursuant to paragraph (1)( a) but the Tribunal 
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 Tribunal is 
satisfied that the explanation given as justification for the making of the statement 
does not justify the making thereof. 
 R.S., 1985, c. 47 (4th Supp.), s. 46; 1994, c. 47, s. 45.  
Where there has been failure to comply 
 
47. (1)  Where a person has designated in formation as confidential pursuant to 
paragraph 46(1)( a) and the Tribunal considers that such a designation is warranted, but the person has 
failed to comply with paragraph 46(1)( b), the Tribunal shall cause the person to be informed of the 
failure, of the ground on which the person has so fa iled and of the application of subsection 48(3) if 
the person fails to take, within the time limited theref or by or pursuant to that subsection, such action 
as is necessary for the person to take in  order to comply with paragraph 46(1)( b). 
 
Where Tribunal considers designation unwarranted 
 
(2)  Where a person has designated in formation as confidential pursuant to 
paragraph 46(1)( a) and the Tribunal considers that, by reason of  its nature, extent or availability from 
other sources or of the failure of the person to pr ovide any explanation as to why it was designated as 
confidential, the designation of that information as  confidential is unwarranted, the Tribunal shall 
cause the person 
 
(a)  to be notified of the fact that the Tri bunal considers the designa tion to be unwarranted 
and of its reasons for so considering; and 
 
(b)  where the person has failed to  comply with paragraph 46(1)( b), to be informed as 
provided in subsection (1). 
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G/SCM/N/1/CAN/4 Page 180 
 
 
Withdrawal of designation or  submission of explanation 
 
48. (1) Where a person is notified pursuant to paragraph 47(2)( a) with respect to any 
information that the person has designated as confidential pursuant to paragraph 46(1)( a), the person 
may, within fifteen days after being so notified, 
 
(a)  withdraw the designation, or 
 (b)  submit to the Tribunal an explanation or further explanation as to why the 
information was designated as confidential 
 
and, where the person does neither of those things w ithin those fifteen days, that information shall not 
thereafter be taken into account by the Tribunal in  the proceedings for the purposes for which it was 
provided, unless the Tribunal obtains that inform ation from a source other than that person. 
 
Tribunal to reconsider 
 
(2)  Where, pursuant to subsection (1), a pers on submits to the Tribunal, within the fifteen 
days referred to in that subsection, an explanati on or further explanation as to why the information 
was designated as confidential, the Tribunal shall ag ain consider whether, taking into account that 
explanation or further explanation, the designation of  the information as confidential is warranted and, 
if it decides that it is not warranted, shall cause th e person to be notified that the information will not 
thereafter be taken into account by the Tribunal in  the proceedings for the purposes for which it was 
provided, in which case the information shall not th ereafter be taken into account by the Tribunal in 
those proceedings, unless the Tribunal obtains the in formation from a source other than that person. 
 
Where failure to comply not rectified 
 
(3)  Subject to subsection (4), where a pers on who has been informed pursuant to section 
47 that the person has failed to comply with paragraph 46(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 Tribunal, either before  or after the expiration of the fifteen days, in its 
discretion allows, take such action as is necessary fo r the person to take in order to comply with 
paragraph 46(1)( b), the Tribunal shall cause the person to be notified that the information will not 
thereafter be taken into account by the Tribunal in  the proceedings for the purposes for which it was 
provided, in which case the information shall not th ereafter be taken into account by the Tribunal in 
those proceedings, unless the Tribunal obtains the in formation from a source other than that person. 
 
Exception 
 
(4)  Subsection (3) does not apply in respect of any information that the Tribunal is 
prohibited by subsection (1) or (2) from taking into  account in the proceedings for the purposes for 
which the information was provided.  
Other information 
 
49.  If 
 (a) information or material given or elicited in the course of any proceedings before the 
Tribunal is, in the opinion of the Tribunal, in its nature confidential, or 
 
(b)  the Commissioner of Customs and Revenue indicates to the Tribunal in writing that 
subsection 84(1) of the Special Import Measures Act  applies to information or  G/ADP/N/1/CAN/4 
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 Page 181 
 
 
material filed with the Secretary under paragraph 37( a) or 38(3)( b) or subsection 
76.03(9) of that Act, 
 the information or material shall not knowingly be disclosed by any member or person employed in 
the public service of Canada who comes into possessi on of the information in any manner that is 
calculated or likely to make it available for the u se of any business competitor or rival of any person 
to whose business or affairs the information relates.  R.S., 1985, c. 47 (4th Supp.), s. 49; 1994, c. 13, s. 7; 1999, c. 12, s. 60, c. 17, ss. 114, 115. 
 
 
REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL 
 
Repeals 
50. and 51.  [Repeals] 
 
Consequential Amendments 
 
52.  [Amendments] 
 
Transitional 
 
Definitions 
 
53.  In this section and sections 54 to 60, 
 
"Canadian Import Tribunal" « Tribunal canadien des importations » 
 
"Canadian Import Tribunal" means the Canadi an Import Tribunal established by subsection 
63(1) of the Special Import Measures Act , as it existed on the day immediately preceding the 
commencement day;  
"commencement day" « date de référence » 
 
"commencement day" means the day on which this section comes into force; 
 
"former authority" « ancien organisme » 
 
"former authority" means the Canadian Import Tribunal, the Tariff Board or the Textile and 
Clothing Board;  
"Tariff Board" « Commission du tarif » 
 
"Tariff Board" means the Tariff Board established by subsection 3(1) of the Tariff Board Act , 
as it existed on the day immediately preceding the commencement day; 
 
"Textile and Clothing Board" « Commission du textile et du vêtement » 
 
"Textile and Clothing Board" means the Textile and Clothing Board established by 
subsection 3(1) of the Textile and Clothing Board Act , as it existed on the day immediately preceding 
the commencement day.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 182 
 
 
Members of Tariff Board cease to hold office 
 
54. (1) Subject to subsection (2), the members of the Tariff Board shall cease to hold office on 
the commencement day.  
Continuing jurisdiction 
 
(2)  Subject to section 59 but otherwise notwithstanding any Act of Parliament, the 
members of the Tariff Board continue to  have jurisdiction with respect to 
 
(a)  any inquiry commenced by the Tariff Board under section 8 of the Tariff Board Act  
that was underway on the day immediately preceding the commencement day, 
 
(b)  any appeal made to the Tariff Board under section 61 of the Special Import Measures 
Act, section 67 of the Customs Act  or section 81.19, 81.21, 81.22 or 81.23 of the 
Excise Tax Act  that was in the course of being heard on the day immediately 
preceding the commencement day, or that had been heard before the commencement day but in respect of which a decision, order, finding or declaration had not been rendered before that day, 
 
(c)  any application made to the Tariff Board under section 81.32 of the Excise Tax Act  
that was pending on the day immediately preceding the commencement day, 
 
(d)  any question referred to the Tariff Board under section 70 of the Customs Act  that 
was in the course of being considered on the day immediately preceding the 
commencement day, or that had been cons idered before the commencement day but 
in respect of which an opinion had not been rendered before that day, and 
 
(e)  any matter referred to in section 13 or 63 of the Energy Administration Act  that was 
in the course of being heard on the day immediately preceding the commencement day, or that had been heard before the commencement day but in respect of which a 
decision or declaration had not been rendered before that day, 
 and, for the purpose only of disposing of those ma tters, may exercise such of the powers and perform 
such of the duties as were, before the commencement day, vested in them under any Act of Parliament 
as members of the Tariff Board. 
 
Procedure 
 
(3)  Each matter referred to in subsection (2) shall be disposed of in accordance with the 
Tariff Board Act  or other Act of Parliament under which th e matter came before the Tariff Board and 
the rules and regulations thereunder, as they  read on the day immediately preceding the 
commencement day. 
 
Members of Textile and Clothing Board cease to hold office 
 
55. (1) Subject to subsection (2), the members of the Textile and Clothing Board shall cease 
to hold office on the commencement day.  
Continuing jurisdiction 
 
(2)  Subject to section 59 but otherwise notwithstanding any Act of Parliament, the 
members of the Textile and Clothing Board continue to have jurisdiction with respect to any inquiry 
commenced by the Textile and Clothing Board under section 11 or 23 of the Textile and Clothing  G/ADP/N/1/CAN/4 
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 Board Act  that was in the course of being completed on the day immediately preceding the 
commencement day and, for the purpose only of comple ting such an inquiry, may exercise such of the 
powers and perform such of the duties as were, on the day immediately before the commencement 
day, vested in them under the Textile and Clothing Board Act . 
 
Procedure 
 
(3)  An inquiry referred to in subsection (2 ) shall be completed in  accordance with the 
Textile and Clothing Board Act  and the rules thereunder, as th ey read on the day immediately 
preceding the commencement day.  
Secretary of Canadian Import Tr ibunal ceases to  hold office 
 
56.  The Secretary of the Canadian Import Tribunal shall cease to hold office on the 
commencement day.  
Members of Canadian Import Tr ibunal cease to  hold office 
 
57. (1) Subject to subsection (2), the members of  the Canadian Import Tribunal shall cease to 
hold office on the commencement day. 
 
Continuing jurisdiction 
 
(2)  Subject to section 59 but otherwise notwithstanding any Act of Parliament, the 
members of the Canadian Import Tribunal continue to have jurisdiction with respect to any of the 
following matters pending before the Canadian Im port Tribunal on the day immediately preceding the 
commencement day: 
 
(a)  inquiries under section 42 or 48 of the Special Import Measures Act , 
 (b)  references under section 33, 34 or 35 of the Special Import Measures Act , 
 (c)  requests for rulings under subsection 89(1) of the Special Import Measures Act , and 
 
(d)  reviews under subsection 76(2) of the Special Import Measures Act , 
 
and, for the purpose only of disposing of those ma tters, may exercise such of the powers and perform 
such of the duties as were, before the commencement day, vested in them under any Act of Parliament 
as members of the Canadian Import Tribunal. 
 
Procedure 
 
(3)  Each matter referred to in subsection (2) shall be disposed of in accordance with the 
Special Import Measures Act  and the rules and regulations thereunder, as they read on the day 
immediately preceding the commencement day. 
 
Inquiries under Special Import Measures Act 
 
58. (1) Subject to section 59 and notwithstanding the Special Import Measures Act , the 
members of the Canadian Import Tribunal have jurisdiction  
(a)  to make a report referred to in paragraph 45(1)( a) of that Act concerning goods with 
respect to which, as a result of an inquiry referred to in section 42 of that Act, the 
Canadian Import Tribunal has made an orde r or finding described in any of sections 3 
to 6 of that Act before the commencem ent day and with respect to which the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 184 
 
 
Canadian Import Tribunal has not previously made a report pursuant to paragraph 45(1)( a) of that Act; 
 
(b)  to make a report referred to in paragraph 45(1)( a) of that Act concerning goods with 
respect to which, as a result of an inquiry referred to in section 42 of that Act, the 
members, pursuant to their jurisdiction under section 57, have made an order or finding described in any of sections 3 to 6 of that Act on or after the commencement 
day; 
(c)  to make an inquiry referred to in section 42 of that Act in relation to goods with 
respect to which any question has been referred to the Canadian Import Tribunal 
under section 33, 34 or 35 of that Act befo re the commencement day and with respect 
to which the Deputy Minister of National Revenue has, pursuant to subsection 38(3) 
of that Act, caused notice of a prelimin ary determination of dumping or subsidizing 
to be filed with the Secretary of th e Canadian Import Tribunal before the 
commencement day or with the Secretary of the Canadian International Trade 
Tribunal on or after the commencement day; 
 
(d)  to make an order or finding referred to in  section 43 of that Act in relation to goods 
with respect to which an inquiry is made pursuant to paragraph ( c); and 
 
(e)  to make a report referred to in paragraph 45(1)( a) of that Act concerning goods with 
respect to which, as a result of an i nquiry made by the members pursuant to 
paragraph ( c), the members, pursuant to their jurisdiction under paragraph ( d), have 
made an order or finding described in any of sections 3 to 6 of that Act. 
 
Powers 
 
(2)  For the purpose of making a report, inquiry, order or finding referred to in subsection 
(1), the members of the Canadian Import Tribunal  have and may exercise such of the powers and 
perform such of the duties and functions as are vest ed in the Canadian International Trade Tribunal. 
 
Deemed to be made by Tribunal 
 
(3)  A report, inquiry, order or finding made  by the members of the Canadian Import 
Tribunal pursuant to their jurisdiction under su bsection (1) shall, for the purposes of the Special 
Import Measures Act , be deemed to have been made by th e Canadian International Trade Tribunal. 
 R.S., 1985, c. 47 (4th Supp.), s. 58; 1994, c. 13, s. 7.  
Limitation period 
 
59. (1) Where any matter referred to in subsection 54(2), 55(2) or 57(2) is not disposed of by 
the members of the former authority within whose ju risdiction the matter lies within one year after the 
commencement day or where, on the expiration of  one year after the commencement day, any 
proceedings in a matter commenced by the member s of the Canadian Import Tribunal pursuant to 
their jurisdiction under section 58 are pending before t hose members, the proceedings with respect to 
the matter shall be taken up and continued by th e Tribunal on such terms and conditions as the 
Chairperson may specify for the protection and preser vation of the rights and interests of the parties 
or, where the Chairperson determines that any su ch proceedings should not be so taken up and 
continued, those proceedings shall be terminated.   G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 185 
 
 
Supervision by Chairperson 
 
(2)  The Chairperson has supervision over and direction of the work of the members of a 
former authority having jurisdiction unde r subsection 54(2), 55(2), 57(2) or 58(1). 
 
Remuneration 
 
(3)  Each member of a former authority ha ving jurisdiction under subsection 54(2), 55(2), 
57(2) or 58(1), other than a person appointed to the Tribunal, shall be paid such remuneration for 
services under this Act as is fixed by the Governor in Council.  
Expenses 
 
(4)  Each member of a former authority ha ving jurisdiction under subsection 54(2), 55(2), 
57(2) or 58(1) is entitled to be paid reasonable tr avel and living expenses incurred by the member 
while absent from the member's ordinary place of re sidence in the course of performing duties under 
this Act. R.S., 1985, c. 47 (4th Supp.), s. 59; 1999, c. 12, s. 61(E).  
Other proceedings 
 
60.  All matters pending before the Tariff Bo ard or the Canadian Import Tribunal on the 
day immediately preceding the commencement day a nd for which the members thereof do not have 
jurisdiction under subsection 54(2), 55(2) or 57(2) shall be taken up and continued by the Tribunal 
under and in conformity with this Act.  
Continuation of certain rules 
 
61.  All rules made by the Canadian Import Tribunal under section 70 of the Special 
Import Measures Act , as it read on the day immediately preced ing the commencement day, shall be 
deemed to have been made under section 39 of this Act and shall, to the extent that they are not 
inconsistent with this Act, c ontinue in force until they are revoked or amended under section 39. 
 
Continuation of previous orders, etc. 
 
62.  Every decision, order, finding, declaration, ruling or other instrument issued, rendered 
or made under any Act of Parliament by a former au thority and that is in force on the day immediately 
preceding the commencement day shall, to the extent that it is not inc onsistent with this or any other 
Act of Parliament, continue in force and have the sa me force and effect as if it were issued, rendered 
or made by the Tribunal.   
COMING INTO FORCE 
 
Coming into force 
 
*63. (1) Sections 1 to 15 and 38 to 40, or any of those sections, shall come into force on a day 
or days to be fixed by order of the Governor in Council. 
 
Idem  
 
(2)  Sections 16 to 37 and 41 to 62 shall come into force on a day to be fixed by order of 
the Governor in Council. 
 
*[Note: Sections 1 to 15 and 38 to 40 in force 15 September 1988, see SI/88-139; sections 16 to 
37 and 41 to 62 in force 31 December 1988, see SI/89-3.] G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 186 
 
   
SCHEDULE 
 
[Amendments] 
 
RELATED PROVISIONS 
 -- 1999, c. 12, ss. 62 to 64: 
 
Definitions 
 
62.  The definitions in this section apply in this section and sections 63 and 64. 
 
"commencement day" « date de référence  » 
 
"commencement day" means the day on which this section comes into force.  
 
"new Canadian International Trade Tribunal Act " « nouvelle Loi sur le Tribunal canadien du commerce extérieur  » 
 
"new Canadian International Trade Tribunal Act " means the Canadian International 
Trade Tribunal Act  as it read on the commencement day.  
 
"new rules and regulations" « nouveaux textes d'application  » 
 
"new rules and regulations" means the ru les and regulations made under the new 
Canadian International Trade Tribunal Act  and the regulations made under the new Special 
Import Measures Act . 
 
"new Special Import Measures Act " « nouvelle Loi sur les mesures spéciales d'importation  » 
 
"new Special Import Measures Act " means the Special Import Measures Act  as it read on 
the commencement day.  
 
"old Canadian International Trade Tribunal Act " « ancienne Loi sur le Tribunal canadien du commerce extérieur  » 
 
"old Canadian International Trade Tribunal Act " means the Canadian International 
Trade Tribunal Act  as it read on the day before the commencement day.  
 
"old rules and regulations" « anciens textes d'application  » 
 
"old rules and regulations" means the ru les and regulations made under the old 
Canadian International Trade Tribunal Act  and the regulations made under the old Special 
Import Measures Act . 
 
"old Special Import Measures Act " « ancienne Loi sur les mesures spéciales d'importation  » 
 
"old Special Import Measures Act " means the Special Import Measures Act  as it read on 
the day before the commencement day.  
 
"order or finding" « ordonnance ou conclusions  » 
 
"order or finding"  
(a)  in the case of an order or finding made before the commencement day, has the 
same meaning as in subsection 2(1) of the old Special Import Measures Act ; and 
  G/ADP/N/1/CAN/4 
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(b)  in the case of an order or finding ma de on or after the commencement day, has 
the same meaning as in subsection 2(1) of the new Special Import Measures Act . 
 
Disposition of notified complaints 
 
63. (1) Subject to this section, if, before the commencement day, notice of a complaint 
respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Special Import Measures Act , 
has been given under paragraph 32(1)( a) of that Act, any proceeding, process or action in 
respect of the goods shall be continued and dispo sed of in accordance with that Act, the old 
Canadian International Trade Tribunal Act  and the old rules and regulations. 
 
Proceedings re goods subject to order made after commencement day 
 
(2)  If the Canadian International Trade Tribunal makes an order or finding under 
subsection 43(1) of the Special Import Measures Act  on or after the commencement day with 
respect to goods that are the subject of a complain t referred to in subsection (1), any subsequent 
proceeding, process or action in relation to any of those goods other than the following shall be 
disposed of in accordance with the new Special Import Measures Act , the new Canadian 
International Trade Tribunal Act  and the new rules and regulations: 
 
(a)  a judicial review or dispute settlement under Part I.1 or II of the Special Import 
Measures Act  in relation to that order or finding and any proceeding, process or 
action in relation to the judicial review or dispute settlement; 
 
(b)  a proceeding, process or action in relation to any of those goods that were 
released before the commencement day; 
 
(c)  a proceeding, process or action in relation to any of those goods that were 
released on or after the commencement day but on or before the day on which 
the Tribunal made the order or finding; or 
 
(d)  a proceeding, process or action under section 45 of the Special Import Measures 
Act in relation to that order or finding. 
 
Effect of order or finding 
 
(3)  For greater certainty, any order or  finding that was made before the 
commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Special Import Measures Act , have the same force and effect as if it were made under that 
Act. 
 
Review in accordance with old Acts, rules and regulations 
 
(4)  If notice of a review under subsection 76(2) of the old Special Import Measures 
Act has been given by the Canadian Internat ional Trade Tribunal before the commencement 
day, the review shall be disposed of in accordance with that Act, the old Canadian International 
Trade Tribunal Act  and the old rules and regulations. 
 
Review in accordance with new Acts, rules and regulations 
 
(5)  If notice of an interim review under section 76.01 of the new Special Import 
Measures Act , or an expiry review under section 76.03 of  that Act, of an order or finding that 
was made before the commencement day and is in  effect on that day has been given by the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 188 
 
 
Canadian International Trade Tribunal on or after the commencement day, the review shall be 
disposed of in accordance with that Act, the new Canadian International Trade Tribunal Act  and 
the new rules and regulations. 
 
New Act does not justify review 
 
(6)  For the purpose of subsection 76.01(3) of the new Special Import Measures Act , 
the Canadian International Trade Tribunal may no t be satisfied that an interim review of an 
order or finding that was made before the comm encement day is warranted by reason only of 
the coming into force of that Act, the new Canadian International Trade Tribunal Act  or the new 
rules and regulations. 
 
Determination of normal value, etc., when undertaking 
 
(7)  Any determination, on or after the commencement day, of a normal value, 
export price, amount of subsidy or margin of dumping in relation to any goods that are subject 
to an undertaking accepted before the commencement  day shall be made in accordance with the 
new Special Import Measures Act . 
 
Determination of normal value, etc. 
 
(8)  A normal value, export price, amount of subsidy or margin of dumping 
determined in relation to goods under the old Special Import Measures Act  is, for the purposes of 
goods released on or after the commencement day, other than goods to which paragraph (2)( c) 
applies, deemed to have been made under the new Special Import Measures Act . 
 
Re-determination of normal value, etc. 
 
(9)  A re-determination of a normal value, export price, amount of subsidy or 
margin of dumping referred to in subsection (8 ) shall be made in accordance with the new 
Special Import Measures Act . 
 
Application to goods from a NAFTA country 
 
64.  The new Special Import Measures Act , the new Canadian International Trade 
Tribunal Act  and the new rules and regulations apply to goods of a NAFTA country, within the 
meaning assigned to that expression by subsection 2(1) of the Special Import Measures Act . 
 -- 1999, c. 17, s. 116: 
 
Application to goods from NAFTA country 
 
116.  The Canadian International Trade Tribunal Act , as amended by sections 114 and 
115, and the rules and regulations made under that  Act, as interpreted under section 186 of this 
Act, apply to goods of a NAFTA country within the meaning assigned to that expression by subsection 2(1) of the Special Import Measures Act . 
 
-- 1999, c. 17, s. 186:  
References in documents and other provisions 
 
186.  Any expression referring to the Deputy Minister of National Revenue or the 
Department of National Revenue in any docu ment, any instrument made under an Act of 
Parliament, or any provision of an Act of Par liament not amended by this Act must, unless the  G/ADP/N/1/CAN/4 
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context otherwise requires, be read as a reference to the Commissioner of Customs and Revenue 
or the Canada Customs and Revenue Agency, respectively. 
 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 190 
 
 
 
Special Import Measures Regulations 
 
SOR/84-927 
 
SPECIAL IMPORT MEASURES ACT 
 
REGULATIONS RESPECTING SPECIAL IMPORT MEASURES 
 
SHORT TITLE 
 
1.  These Regulations may be cited as the Special Import Measures Regulations . 
 
INTERPRETATION 
 
2.  In these Regulations, 
 
"Act" means the Special Import Measures Act ; (Loi) 
 
"American Secretariat" means the United States sec tion of the Secretariat provided for by Article 
1909 of the Free Trade Agreement; ( secrétariat américain ) 
 "industrial research" [Repealed, SOR/2001-54, s. 1] 
 
"officer" means an officer as defined in subsection 2(1) of the Customs Act ; (agent ) 
 "pre-competitive development activity" [Repealed, SOR/2001-54, s. 1] 
 
"production" includes manufacturing, growing and processing; ( production ) 
 
"start-up period of production" means the period that  
(a)  begins on the date that 
 
(i)  new production facilities are first used for commercial production, or  (ii)  production first commences for commerci al purposes of a product that is new, or 
substantially different from products previous ly produced by the producer, and that 
requires production equipment or technology th at is new or substantially different 
from production equipment or technology previously used by the producer, and 
 
(b)  ends on the date that the level of pr oduction is no longer limited to a significant 
degree owing to technical difficulties related to the use of new production facilities or 
the production of a new or subs tantially different product. ( période de démarrage de 
la production ) SOR/89-63, s. 1; SOR/95-26, s. 1; SOR/96-255, ss. 1, 25; SOR/2001-
54, s. 1. 
 
APPLICATION 
 
2.1  The operation of the definition "American Secr etariat" in section 2, of Part II.1 and of 
sections 46 to 49 is suspended for the period during  which subsections 56(1.02), 58(1.2) and 59(3.3) 
and section 77.038 of the Act are in force, except in respect of a definitive decision that was made  G/ADP/N/1/CAN/4 
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 before the coming into force of subsections 56(1. 02), 58(1.2) and 59(3.3) and section 77.038 of the 
Act. SOR/94-20, s. 1. 
 
PART I 
 
NORMAL VALUE AND EXPORT PRICE 
 
NORMAL VALUE ADJUSTMENTS 
 
Quantitative Adjustments 
 
3.  For the purposes of sections 15, l9 and 20 of  the Act, the price of like goods shall be 
adjusted to reflect the quantity discount generally granted in connection with a sale of like goods in 
the same or substantially the sa me quantities as the quantities of the goods sold to the importer in 
Canada. 
 
4.  Where the quantity discount referred to in section 3 cannot be ascertained, the price 
of like goods shall be adjusted by  
(a)  adding thereto the amount that would reflect the costs that would be incurred by the 
exporter, or 
 
(b)  deducting therefrom the amount that would reflect the savings that would accrue to 
the exporter, 
 
if the like goods were sold by the exporter in th e same or substantially the same quantities as the 
quantities of goods sold to the importer in Canada. 
 
Qualitative Differences 
 
5.  For the purposes of sections 15, 19 and 20 of the Act, where the goods sold to the 
importer in Canada and the like goods differ 
 
(a)  in their quality, structure, design or material, 
 (b)  in their warranty against defect or guarantee of performance, 
 
(c)  in the time permitted from their date of orde r to the date of their scheduled shipment, 
or 
 (d)  in their conditions of sale, other than the conditions referred to in paragraphs ( b) or 
(c) or any conditions that result in any adju stment being made pursuant to any other 
section of these Regulations, 
 and that difference would be reflec ted in a difference between the pr ice of the like goods and the price 
at which goods that are identical in all respects, in cluding conditions of sale, to the goods sold to the 
importer in Canada would be sold in the country of export, the price of the like goods shall be 
adjusted 
 
(e)  where the price of the like goods is greater than the price of the identical goods, by 
deducting therefrom the estimated difference between those prices; and 
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G/SCM/N/1/CAN/4 Page 192 
 
 
(f) where the price of the like goods is less than the price of the identical goods, by 
adding thereto the estimated difference between those prices. 
 
Discounts 
 
6.  For the purposes of sections 15, 19 and 20 of the Act, where any rebate, deferred 
discount or discount for cash is generally granted in relation to the sale of like goods in the country of 
export, the price of the like goods shall be adjusted by deducting therefrom the amount of any such generally granted rebate or discount for which the sa le of the goods to the importer in Canada would 
qualify if that sale occurred in the country of export. 
 
Delivery Costs 
 
7.  For the purposes of sections 15 and 19 and subparagraph 20(1)( c)(i) of the Act, where 
like goods are sold at a delivered price, the pri ce of the like goods shall be adjusted by deducting 
therefrom the cost of their delivery. SOR/92-236, s. 1; SOR/2000-138, s. 11. 
 8.  For the purposes of sections 15 and 19 and subparagraph 20(1)( c)(i) of the Act, where 
like goods are generally sold at a common delivered pr ice when delivered to any destination within a 
zone that, under the ordinary commercial practice of  the vendor of the like goods, is considered to be 
a common transportation zone, the price of the like goods shall be adjusted by deducting therefrom an 
amount that reflects the average cost incurred by the vendor in delivering the like goods to 
destinations in that zone. SOR/92-236, s. 1; SOR/2000-138, s. 11. 
 
Substitution of Trade Level 
 
9.  For the purposes of sections 15 and 19 and subparagraph 20(1)( c)(i) of the Act, where 
purchasers of like goods who are at the trade level nearest and subsequent to that of the importer in Canada have been substituted for purchasers who are at  the same or substantia lly the same trade level 
as that of the importer, the price of the like goods shall be adjusted by deducting therefrom  
(a)  the amount of any costs, charges or expe nses incurred by the vendor of the like goods 
in selling to purchasers who are at the trade le vel nearest and subsequent to that of the 
importer that result from activities that would not be performed if the like goods were 
sold to purchasers who are at the same or substantially the same trade level as that of the importer; or 
 
(b)  in the absence of information relating to the costs, charges and expenses mentioned in 
paragraph ( a), an amount not exceeding the discoun t that is generally granted on the 
sale of like goods by other vendors in the country of export to purchasers who are at the same or substantially the same trade level as the importer. SOR/2000-138, s. 11. 
Taxes and Duties 
 
10.  For the purposes of sections 15, 19 and 20 of  the Act, where any taxes or duties that 
are borne by like goods or any materials or components forming a part thereof are not borne by the goods sold to the importer in Canada, the price of  the like goods shall be adjusted by deducting 
therefrom the amount of those taxes or duties.  
Cost of Production and Other Costs 
 
11. (1) For the purposes of paragraph 19( b) and subparagraph 20 (1)( c)(ii) of the Act, 
  G/ADP/N/1/CAN/4 
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(a)  subject to section 12 of these Regulati ons, the expression "cost of production", in 
relation to any goods, means the aggregate of all costs that are 
 
(i)  attributable to, or in any manner related to, the production of the goods, or 
 
(ii)  directly attributable to the design or engineering of the goods;  
(b)  the expression "a reasonable amount for prof its", in relation to any goods, means an 
amount equal to 
 
(i)  where the exporter has made in the country of export a number of sales of 
like goods for use in the country of ex port, and where those sales when taken 
together produce a profit and are such as to permit a proper comparison, the 
weighted average profit made on the sales, 
 
(ii)  where subparagraph (i) is not app licable but the exporter has made in the 
country of export a number of sales of goods that are of the same general category as the goods sold to the importer in Canada and are for use in the country of export, and where those sales when taken together produce a profit 
and are such as to permit a proper comp arison, the weighted average profit 
made on the sales, 
 
(iii)  where subparagraphs (i) and (ii) are not applicable but producers, other than 
the exporter, have made in the country  of export a number of sales of like 
goods for use in the country of export, and where those sales when taken 
together produce a profit and are such as to permit a proper comparison, the 
weighted average profit made on the sales, 
 
(iv)  where subparagraphs (i) to (iii) ar e not applicable but producers, other than 
the exporter, have made in the country of export a number of sales of goods 
that are of the same general category as the goods sold to the importer in 
Canada and are for use in the country of export, and where those sales when 
taken together produce a profit and are such as to permit a proper comparison, the weighted average profit made on the sales, 
 
(v)  where subparagraphs (i) to (iv) are not applicable but the exporter has made 
in the country of export a number of sa les of goods that are of the group or 
range of goods that is next largest to the category referred to in subparagraph (iv) and are for use in the country of export, and where those sales when taken together produce a profit and are such as to permit a proper comparison, the weighted average profit made on the sales, or 
 
(vi)  where subparagraphs (i) to (v) are not  applicable but producers, other than the 
exporter, have made in the country of  export a number of sales of goods that 
are of the group or range of goods that is  next largest to the category referred 
to in subparagraph (iv) and are for use in the country of export, and where those sales when taken together produce a profit and are such as to permit a 
proper comparison, the weighted average profit made on the sales; and 
 
(c)  the expression "a reasonable amount for administrative, selling and all other costs", in 
relation to any goods, means 
 G/ADP/N/1/CAN/4 
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(i)  an amount equal to all administrative, selling and other costs, including the 
costs of any warranty against defect or guarantee of performance and any design or engineering costs, that are not included in the cost of production but are reasonably attributable to the production and domestic sales of like goods 
made by the exporter, that satisfy th e greatest number of the conditions set 
out in paragraphs 15( a) to ( e) of the Act, taking into account subsection 16(1) 
of the Act, or 
 
(ii)  where an amount cannot be determ ined under subparagraph (i), an amount 
equal to all administrative, selling and other costs, including the costs of any 
warranty against defect or guarantee of performance and any design or engineering costs, that are not included in the cost of production but are reasonably attributable to the production and sale of the goods. 
 
(2)  For the purposes of subparagraphs (1)( b)(i), (ii) and (v), where the exporter is not the 
producer of the goods referred to in those subparagr aphs, a reasonable amount for profits shall also 
include the amount of profits earned by the producer and any subsequent vendors in respect of sales of 
those goods to the exporter. 
 
(3)  For the purpose of subparagraph (1)( c)(i), where the exporter is not the producer of 
the goods referred to in that subparagraph, a re asonable amount for administrative, selling and all 
other costs shall also include the amounts incurred by the producer and any subsequent vendors in respect of sales of those goods to the exporter. SOR/95-26, s. 2; SOR/96-255, ss. 2, 25; SOR/2000-138, s. 1. 
 
11.1  For the purpose of subsection 16(3) of the Act, 
 (a)  the cost of production, in relation to any goods, shall, subject to section 12, be 
calculated by aggregating all costs that are 
 
(i)  attributable to, or in any manner related to, the production of the goods, or 
 
(ii)  directly attributable to the design or engineering of the goods; and  
(b)  the administrative, selling and all other costs, in relation to any goods, shall be 
calculated by aggregating all administrative, selling and other costs, including the 
cost of any warranty against defect or guarantee of performance and any design or 
engineering costs that are not included in the cost of production but are attributable to the production and sale of the goods. SOR/96-255, ss. 3, 25. 
 
12.  For the purposes of subparagraphs 11(1)( a)(ii) and 11.1( a)(ii), where the costs that 
are directly attributable to the design or engineeri ng of the goods (in this section referred to as "first-
mentioned goods") cannot be determined, but the costs that are directly attributable to the design or 
engineering of goods of the same  general category as the first-ment ioned goods, produced and sold by 
any exporter or producer, can be determined, the cost s that are directly attributable to the design or 
engineering of the first-mentioned goods shall be cons idered to be the amount that reflects the cost of 
the design or engineering of the goods of the same general category, such amount being adjusted to 
reflect the value of any differences in the design or engineering between the first-mentioned goods 
and the goods of the same general category. SOR/95-26, s. 3; SOR/96-255, ss. 4, 25. 
 
13.  For the purposes of paragraph 11(1)( b), 
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(a)  sales that are such as to permit a proper comparison are sales, other than sales referred 
to in paragraph 16(2)( a) or ( b) of the Act, that satisfy the greatest number of the 
conditions set out in paragraphs 15( a) to ( e) of the Act, taking into account subsection 
16(1) of the Act; 
 
(b)  the price of like goods shall be adjusted in the manner provided for in sections 3 to 
10; and 
 (c)  the price of goods of the same general category or of goods of the group or range of 
goods that is next largest to the cate gory referred to in subparagraph 11(1)( b)(iv) shall 
be adjusted in the manner provided for in sections 3 to 10, and for that purpose the 
expression "like goods" shall be read as " goods of the same general category" or 
"goods of the group or range of goods that is next largest to the category referred to in 
subparagraph 11(1)( b)(iv)", as the case may be, wherever that expression occurs in 
those sections. SOR/95-26, s. 3; SOR/2000-138, s. 2. 
 
13.1 (1) Subject to subsection (2), for the purpo se of section 23.1 of the Act, the cost of 
production of goods, and the administrative, selling and all other costs with respect to the goods, for a 
start-up period of production shall be determin ed in accordance with sections 11 and 11.1. 
 
(2)  Where any of the costs determined under subsection (1) are affected by start-up 
operations that limit the level of production associated with the in itial phases of commercial 
production owing to technical difficulties during the start-up period of production that are related to 
the use of new production facilities or the production of  a new or substantially different product, the 
affected costs shall be adjusted on the basis of the costs that exist at the end of the start-up period of 
production or, if the period extends beyond the investig ation period, on the basis of the costs that exist 
at the end of that period. SOR/95-26, s. 3; SOR/96-255, ss. 5, 25. 
 
State Trading Countries 
 
14.  For the purpose of determining the normal value of any goods pursuant to 
paragraph 20(1)( c) of the Act, sections 4 to 6, 9 and 11 shall be read with the substitution of 
 (a)  the expression "country of production"  for the expression "country of export", 
wherever that expression occurs therein; and 
 
(b)  the word "producer" for the word "exporte r", wherever that word occurs therein. 
SOR/2000-138, s. 3. 
 
15.  For the purpose of determining the normal value of any goods pursuant to 
paragraph 20(1)( d) of the Act, sections 4 to 6 sha ll be read with the substitution of 
 
(a)  the expression "vendor in Canada of the imported like goods" for the word "exporter", 
wherever that word occurs therein; and 
 
(b)  the word "Canada" for the expression "the country of export", wherever that 
expression occurs therein. SOR/2000-138, s. 12. 
 
16.  For the purpose of determining the normal value of any goods pursuant to 
paragraph 20(1)( d) of the Act, the price of like goods sold in Canada shall be adjusted by deducting 
therefrom an amount equal to the sum of  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 196 
 
 
(a)  all costs, including any duties and taxes, that result from the importation of the like 
goods or their sale by the importer to the purchaser in Canada; 
 
(b)  the amount of profit, determined in acco rdance with section 17, made by the importer 
of the like goods on their sale; 
 
(c)  all costs, charges and expenses incurred by  the importer or exporter of the like goods, 
or any other person, in preparing the like goods for shipment to Canada that are additional to the costs, charges and expe nses generally incurred on sales of the like 
goods for domestic consumption in the country of export; and 
 
(d)  all other costs, charges and expenses incu rred by the exporter or importer of the like 
goods, or any other person, that result from the exportation of the like goods or arise 
from their shipment to Canada. SOR/2000-138, s. 12. 
 
17.  For the purposes of paragraph 16( b), the amount of profit made by an importer on the 
sale of like goods in Canada is  
(a)  the amount of profit that generally results from sales of like goods by vendors in 
Canada who are at the same or substantially the same trade level as the importer of 
the like goods to purchasers in Canada who are not associated with those vendors; 
 
(b)  if the amount described in paragraph ( a) cannot be determined, the amount of profit 
that generally results from sales of goods of the same general category as the like goods by vendors in Canada, who are at the sa me or substantially the same trade level 
as the importer of the like goods to purchasers in Canada who are not associated with 
those vendors; or 
 
(c)  where the amounts described in paragraphs ( a) and ( b) cannot be determined, the 
amount of profit that generally results from  sales of goods that are of the group or 
range of goods that is next largest to  the category referred to in paragraph ( b), by 
vendors in Canada who are at the same or substantially the same trade level as the 
importer, to purchasers in Canada who are not associated with those vendors. SOR/96-255, ss. 6, 25. 
 
17.1 (1) For the purposes of subsection 20(1) of the Act, the customs territory of the People's 
Republic of China is a prescribed country. 
 
(2)  This section ceases to have effect on December 11, 2016. SOR/2002-349, s. 1. 
 
Discount Rate for Normal Value 
 
18.  For the purposes of subsection 21(1) of th e Act, where it is not possible to ascertain 
the interest rate referred to in clause 21(1)( a)(ii)(A) of the Act or there is no such interest rate, the 
interest rate to be selected is  
(a)  the interest rate prevailing, in the country in which the like goods were sold, at the 
date of the sale of the like goods, for commercia l loans available in that country in the 
same currency in which the payments for the like goods are expressed and on credit terms, other than the interest rate, that most closely approximate the credit terms on which the sale was made; 
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(b)  where the interest rate described in paragraph ( a) cannot be ascertained or where 
there is no such interest rate, the lowest in terest rate prevailing, in any country other 
than the country in which the like goods were sold, at the date of the sale of the like 
goods, for commercial loans available in that  other country in the same currency in 
which the payments for the like goods are expressed and on credit terms, other than 
the interest rate, comparable to the credit terms on which the sale was made; 
 
(c)  where the interest rates described in paragraphs ( a) and ( b) cannot be ascertained or 
where there are no such interest rates, the lowest interest rate prevailing, in any 
country other than the country in which th e like goods were sold, at the date of the 
sale of the like goods, for commercial loans available in that other country in the 
same currency in which the payments for the like goods are expressed and on credit terms, other than the interest rate, that most closely approximate the credit terms on which the sale was made; 
 
(d)  where the interest rates described in paragraphs ( a) to ( c) cannot be ascertained or 
where there are no such interest rates, the in terest rate equal to the average yield in 
the year preceding the sale of the like goods on securities, for terms not exceeding one year, issued by the government that i ssues the currency in which the payments for 
the like goods are expressed; or 
 
(e)  where the interest rates described in paragraphs ( a) to ( d) cannot be ascertained or 
where there are no such interest rates, th e average interest rate paid on Special 
Drawing Rights held by the International Monetary Fund in the year preceding the 
sale of the like goods. 
 
19.  Where the normal value of any goods is  to be determined under paragraph 20(1)( d) of 
the Act, section 18 of these Regulations sh all be read with the substitution of 
 
(a)  the word "Canada" for the expressions "the country in which the like goods were 
sold" and "that country", wherever those expressions occur therein; and 
 
(b)  the expression "sale of the imported like goods" for the expression "sale of the like 
goods", wherever that expression occurs therein. SOR/2000-138, s. 12. 
 
EXPORT PRICE ADJUSTMENTS 
 
Profits 
 
20.  For the purpose of subparagraph 25(1)( c)(ii) of the Act, the expression "an amount 
for profit", in relation to a sale of goods by an importer, means the amount of profit that would be made in the ordinary course of trade on the sale of the goods. SOR/96-255, ss. 7, 25. 
 
21.  For the purpose of subparagraph 25(1)( d)(i) of the Act, the expression "an amount for 
profit", in relation to any assembled, packaged or  otherwise further manufact ured goods or any goods 
into which imported goods have been incorporated, m eans the amount of profit that would be made in 
the ordinary course of trade on the sale of the goods. SOR/96-255, ss. 7, 25. 
 
22.  For the purposes of sections 20 and 21, the amount of profit that would be made in 
the ordinary course of trade on the sale of the goods is  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 198 
 
 
(a)  the amount of profit that generally results from sales of like goods in Canada by 
vendors who are at the same or substantiall y the same trade level as the importer to 
purchasers in Canada who are not associated with those vendors; 
 
(b)  where the amount described in paragraph ( a) cannot be determined, the amount of 
profit that generally results from sales of  goods of the same general category in 
Canada by vendors who are at the same or substantially the same trade level as the 
importer to purchasers in Canada who are not associated with those vendors; or 
 
(c)  where the amounts described in paragraphs ( a) and ( b) cannot be determined, the 
amount of profit that generally results from  sales of goods that are of the group or 
range of goods that is next largest to  the category referred to in paragraph ( b), by 
vendors in Canada who are at the same or substantially the same trade level as the importer, to purchasers in Canada who are not associated with those vendors. 
SOR/96-255, ss. 8, 25. 
 
Discount Rate for Export Price 
 
23.  For the purposes of subsection 27(1) of th e Act, where it is not possible to ascertain 
the interest rate referred to in clause 27(1)( a)(ii)(A) of the Act or there is no such interest rate, the 
interest rate to be selected is 
 
(a)  the interest rate prevailing, at the date of the sale of the goods to the importer in 
Canada, in the country in which the vendor is located, for commerc ial loans available 
in that country in the same currency in  which the payments for the goods are 
expressed and on credit terms, other than the interest rate, that most closely 
approximate the credit terms on which the sale was made; 
 
(b)  where the interest rate described in paragraph ( a) cannot be ascertained or where 
there is no such interest rate, the lowest inte rest rate prevailing, at the date of the sale 
of the goods to the importer in Canada, in any country other than the country in which 
the vendor is located, for commercial loans ava ilable in that other country in the same 
currency in which the payments for the goods  are expressed and on credit terms, other 
than the interest rate, comparable to th e credit terms on which the sale was made; 
 
(c)  where the interest rates described in paragraphs ( a) and ( b) cannot be ascertained or 
where there are no such interest rates, the low est interest rate prevailing, at the date of 
the sale of the goods to the importer in Canada, in any country other than the country in which the vendor is located, for commercial loans available in that other country in 
the same currency in which the payments for the goods are expressed and on credit 
terms, other than the interest rate, that most closely approximate the credit terms on which the sale was made; 
 
(d)  where the interest rates described in paragraphs ( a) to ( c) cannot be ascertained or 
where there are no such interest rates, the in terest rate equal to the average yield in 
the year preceding the sale of the goods to  the importer in Canada on securities, for 
terms not exceeding one year, issued by th e government that issues the currency in 
which the payments for the goods are expressed; or 
 
(e)  where the interest rates described in paragraphs ( a) to ( d) cannot be ascertained or 
there are no such interest rates, the aver age interest rate paid on Special Drawing 
Rights held by the International Monetary Fund in the year preceding the sale of the 
goods to the importer in Canada.  G/ADP/N/1/CAN/4 
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 Page 199 
 
 
 
24.  Where an export price is determined under section 25 of the Act, section 23 of these 
Regulations shall be read with the substitution of  
(a)  the word "Canada" for the expressions "the  country in which the vendor is located" 
and "that country", wherever those expressions occur therein; and 
 
(b)  the expression "sale of the goods by the importer in Canada" for the expression "sale 
of the goods to the importer in Canada", wherever that expression occurs therein. 
 
Goods in Transit 
 
25.  For the purpose of subsection 30(1) of th e Act, the normal value and export price of 
goods exported to Canada from one country but passi ng in transit through another country shall be 
determined as if the goods were shipped directly  to Canada from the first-mentioned country if 
 
(a)  the goods are conveyed to Canada from th e first-mentioned country on a through bill 
of lading to a consignee in Canada; 
 (b)  the goods have not been entered for trade or consumption in an intermediate country 
or have not remained in an intermedia te country for any purpose other than 
transhipment; and 
 
(c)  where requested by an officer, the importer of the goods submits 
(i)  the original bill of lading for the goods, or a certified copy of it, or 
 
(ii)  if the original bill of lading for the goods, or a certified copy of it, is not 
available, any other information or documents that are available to the 
importer for the purpose of determini ng the country of export of the goods. 
SOR/92-590, s. 1(E); SOR/96-255, ss. 9, 25. 
 
Sustained Movement in the Rate of Exchange 
 
25.1 (1) For the purpose of section 30.2 of the Act, where a sale of goods to an importer in 
Canada takes place during a period in which there is  a sustained movement in the rate of exchange 
that results in an appreciation of the value of th e foreign currency in which the normal value of the 
goods is denominated in terms of the currency in wh ich the exporter's selling price of those goods is 
denominated, and the exporter's selling price of t hose goods is adjusted from the price prevailing 60 
days before the date of the sale to reflect the sust ained movement in the rate of exchange, the export 
price of the goods shall be adjusted by multiplyin g that price by the result obtained by dividing the 
prevailing rate of exchange in respect of the forei gn currency for the date of sale, by the average of 
the rates of exchange in respect of that foreign currency prevailing for each of the 30 days before the 
60th day before the date of sale. 
 
(2)  Where the exporter's selling price of th e goods is denominated in Canadian dollars, 
the prevailing rate of exchange for the purpose of subsection (1) shall be  the rate of exchange referred 
to in section 5 of the Currency Exchange for Customs Valuation Regulations . 
 
(3)  Where the exporter's selling price of the goods is denominated in foreign currency, 
the prevailing rate of exchange for the purpose of subsection (1) shall be determined on the basis of 
rates of exchange referred to in section 5 of the Currency Exchange for Customs Valuation 
Regulations . SOR/95-26, s. 4; SOR/96-255, ss. 10, 25. 
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G/SCM/N/1/CAN/4 Page 200 
 
 
 
PART I.1 
 
MARGIN OF DUMPING BASED ON PERCENTAGE OR SAMPLE 
 
25.2 (1) For the purpose of subsection 30.3(3) of the Act, the margin of dumping in relation to 
the goods of an exporter that were not included in  the percentage or sample and the goods of the 
exporter for which a margin of dumping was not dete rmined in accordance with subsection 30.3(2) of 
the Act shall be equal to the weighted average margin of dumping established as a result of the 
application of sections 15 to 30 of the Act in respect of goods from that exporter that are included in 
the percentage or sample. 
 
(2)  Where a margin of dumping cannot be determined under subsection (1) because no 
goods from the exporter were included in the percen tage or sample, the margin of dumping shall 
 
(a)  be equal to the weighted average of th e margins of dumping established as a result of 
the application of sections 15 to 28 and 30 of the Act, excluding paragraph 25(1)( e), 
in respect of goods that are from the same c ountry and are included in the percentage 
or sample; 
 
(b)  where a margin of dumping cannot  be determined under paragraph ( a), be equal to 
the weighted average of the margins of dumping established as a result of the application of sections 15 to 28 and 30 of the Act, excluding paragraph 25(1)( e), in 
respect of goods that are from all other countries whose goods are under 
consideration and are included in  a percentage or sample; or 
 
(c)  where a margin of dumping cannot be determined under paragraph ( a) or ( b), be 
determined in a reasonable manner based on the information available to the Commissioner. 
 (3)  Any margin of dumping that is insignificant shall not be taken into account in a 
determination of the margin of dumping under sub section (2). SOR/95-26, s. 4; SOR/96-255, ss. 11, 
25; SOR/2000-138, s. 13. 
 
25.3  [Repealed, SOR/2001-54, s. 2] 
 
 
PART II 
 
AMOUNT OF SUBSIDY 
 
General 
 
26.  There shall be deducted from the amount of  subsidy in relation to any subsidized 
goods  
(a)  the amount of any fee or other expense necessarily incurred by the recipient of the 
subsidy in obtaining the subsidy; 
 
(b)  the amount of any tax, duty or other charge levied by a government against the 
recipient of the benefit of the subsidy for the purpose of offsetting the subsidy; and 
  G/ADP/N/1/CAN/4 
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 Page 201 
 
 
(c)  the amount of any loss in the value of the subsidy that results from the deferred 
receipt of the subsidy where the deferral has been imposed by the government that 
granted the subsidy. SOR/95-26, ss. 5, 17. 
 
Grant 
 
27.  Where the subsidy in relation to any subsid ized goods is in the form of a grant, the 
amount of subsidy shall be determined by dist ributing, in accordance with generally accepted 
accounting principles, the amount of the grant over 
 
(a)  where the grant was, or is, to be us ed for operating expenses in the production, 
purchase, distribution, transportation, sale, export or import of subsidized goods, the estimated total quantity of subsidized g oods to which the grant is attributable; 
 
(b)  where the grant was, or is, to be used fo r the purchase or construction of a fixed asset, 
the estimated total quantity of subsidized goods for the production, purchase, distribution, transportation, sale, export or import of which the fixed asset was, or will 
be, used for the anticipated useful life of the fixed asset; 
 (c)  where the use of the grant was, or is, not for the purposes described in paragraph ( a) 
or (b) or is unknown, the estimated total quan tity of subsidized goods the production, 
purchase, distribution, transportation, sale, export or import of which was, or will be, carried out by the person who received the grant during the weighted average useful 
life, not exceeding 10 years, of fixed assets used by the industry of that person. SOR/92-236, s. 2(E); SOR/95-26, s. 17. 
 
27.1 (1) Any amount that relates to the direct tran sfer of funds or liabilities by the practices of 
a government shall be treated as a grant under section 27. 
 (2)  Any amount otherwise owing and due to a government that is exempted or deducted 
and any amount owing and due to a government that is forgiven or not collected by the government 
shall be treated as a grant under section 27. SOR/95-26, s. 6. 
 
Loan at a Preferential Rate 
 
28.  Where the subsidy in relation to any subsid ized goods is in the form of a preferential 
loan, the amount of subsidy shall be determined  by distributing, in accordance with generally 
accepted accounting principles, over the quantity of goods determined in accordance with section 31, 
the present value of the sum of  
(a)  the amount determined in accordance with section 29, and 
 
(b)  any costs, other than interest, that woul d have been incurred by the recipient of the 
preferential loan with respect to a non-guara nteed commercial loan that the recipient 
could have obtained, 
 such present value being determined as of the date the loan funds were advanced and by reference to 
the discount rate referred to in section 30 . SOR/95-26, s. 7; SOR/96-255, ss. 12, 25. 
 
29. (1) The amount referred to in paragraph 28( a) is the difference between 
 (a)  the amount of interest that would be payabl e, by the recipient of the preferential loan, 
on a non-guaranteed commercial loan in the same currency in which the payments for G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 202 
 
 
the preferential loan are expressed and on the same credit terms, other than the 
interest rate, as are applicable to the preferential loan, and 
 
(b)  the amount of interest payable on the preferential loan. 
 
(2)  For the purposes of paragraph (1)( a), the interest rate is 
 (a)  the prevailing interest rate in the territory of the government that made the 
preferential loan, at the date the prefer ential loan was made, in respect of non-
guaranteed commercial loans that the recipi ent of the preferential loan could have 
obtained, in the same currency in which the payments for the preferential loan are 
expressed and on credit terms, other than the interest rate, that are the same or substantially the same as the credit terms of the preferential loan; 
 
(b)  where the interest rate described in paragraph ( a) cannot be ascertained or where 
there is no such interest rate, the prevaili ng interest rate in the territory of the 
government that provided the preferential lo an, at the date the preferential loan was 
provided, in respect of non-guaranteed commercial loans that the recipient of the preferential loan could have obtained, in the same currency in which the payments for 
the preferential loan are expressed and on cred it terms, other than the interest rate, 
that most closely approximate the credit terms of the preferential loan; or 
 
(c)  where the interest rates described in paragraphs ( a) and ( b) cannot be ascertained or 
where there are no such interest rates, the prev ailing interest rate in the territory of the 
government that provided the preferential lo an, at the date the preferential loan was 
made, in respect of non-guaranteed commercial loans that 
 
(i)  producers of like goods, whose financ ial creditworthiness is the same or 
substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the preferential loan, could have obtained, 
 
(ii)  where subparagraph (i) is not app licable, producers of goods of the same 
general category, whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the preferential loan, could have obtained, or 
 
(iii)  where subparagraphs (i) and (ii) ar e not applicable, producers of goods of the 
group or range of goods that is next la rgest to the category referred to in 
subparagraph (ii), whose financial creditworthiness is the same or 
substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the preferential loan, could have obtained, 
 
in the same currency in which the payments for the preferential loan are expressed and on credit 
terms, other than the interest rate, that most cl osely approximate the credit terms of the preferential 
loan. SOR/95-26, s. 7; SOR/96-255, ss. 13, 25. 
 
30.  The discount rate for the purposes of secti on 28 is the same as the interest rate 
determined in accordance with sub section 29(2). SOR/95-26, s. 7. 
 31.  The quantity of goods, for the purpose of section 28, is 
 (a)  where the preferential loan was, or is, to be used for operating expenses in the 
production, purchase, distribution, transporta tion, sale, export or import of subsidized  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 203 
 
 
goods, the estimated total quantity of subsidized goods to which the preferential loan is attributable; 
 (b)  where the preferential loan was, or is, to be used for the purchase or construction of a 
fixed asset, the estimated total quantity of subsidized goods for the production, 
purchase, distribution, transportation, sale, export or import of which the fixed asset was, or will be, used for the anticip ated useful life of the fixed asset; 
 
(c)  where the use of the preferential loan was not or is not for the purposes described in 
paragraph ( a) or ( b) or is unknown, the estimated total quantity of subsidized goods 
the production, purchase, distribution, trans portation, sale, export or import of which 
was or will be carried out by the person who received the preferential loan during the 
weighted average useful life of fixed asset s, not exceeding 10 years, used by the 
industry in which that person is engaged.  SOR/92-236, s. 3(E); SOR/96-255, ss. 14, 
25. 
 
Loan Guarantees 
 
31.1 (1) Where the subsidy in relation to any subsidized goods is in the form of a loan 
guarantee, the amount of subsidy sh all be determined by distributing, in accordance with generally 
accepted accounting principles, over the quantity of  goods determined in accordance with subsection 
(2), the present value of the difference between  
(a)  the amount of interest and any administ rative fees the person on whose behalf the 
guarantee is provided would have had to pay in respect of the loan had it not been for 
the guarantee, and 
 
(b)  the amount of interest and any administ rative fees the person on whose behalf the 
guarantee is provided will actually pay in  respect of the loan secured by the 
guarantee, 
 
such present value being determined as of the date the loan funds were advanced and by reference to 
the discount rate determined in  accordance with subsection (3). 
 
(2)  For the purposes of subsection (1), the quantity of goods is 
 
(a)  where the loan secured by the guarantee was,  or is, to be used for operating expenses 
in the production, purchase, distribution, transportation, sale, export or import of subsidized goods, the estimated total quantit y of subsidized goods to which the loan 
is attributable; 
 
(b)  where the loan secured by the guarantee w as, or is, to be used for the purchase or 
construction of a fixed asset, the estimated to tal quantity of subsid ized goods for the 
production, purchase, distribution, transporta tion, sale, export or import of which the 
fixed asset was, or will be, used during the anticipated useful life of the fixed asset; 
 
(c)  where the use of the loan secured by the guarantee was not or is not a use set out in 
paragraph ( a) or ( b) or is unknown, the estimated total quantity of subsidized goods 
the production, purchase, distribution, trans portation, sale, export or import of which 
was or will be carried out by the person w ho received the loan during the weighted 
average useful life of fixed assets, not exceed ing 10 years, used by the industry in 
which that person is engaged. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 204 
 
 
(3)  For the purposes of subsection (1), the discount rate is  (a)  the prevailing interest rate in the territo ry of the government that provided the loan 
guarantee, at the date the loan was made, in respect of commercial loans that the 
recipient of the loan could have obtained, in the same currency in which the payments 
for the loan are expressed and on credit terms, other than the interest rate, that are the 
same or substantially the same as the credit terms of the loan; 
 
(b)  where the interest rate described in paragraph ( a) cannot be ascertained or where 
there is no such interest rate, the prevaili ng interest rate in the territory of the 
government that provided the loan guarantee,  at the date the loan was made, in 
respect of commercial loans that the recipien t of the loan could have obtained, in the 
same currency in which the payments for th e loan are expressed and on credit terms, 
other than the interest rate, that most clo sely approximate the credit terms of the loan; 
or 
 
(c)  where the interest rates described in paragraphs ( a) and ( b) cannot be ascertained or 
where there are no such interest rates, the prev ailing interest rate in the territory of the 
government that provided the loan guarantee,  at the date the loan was made, in 
respect of commercial loans that 
 
(i)  producers of like goods, whose financ ial creditworthiness is the same or 
substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the loan, could have obtained, 
 
(ii)  where subparagraph (i) is not app licable, producers of goods of the same 
general category, whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the loan, could have obtained, or 
 
(iii) where subparagraphs (i) and (ii) are not applicable, producers of goods of the 
group or range of goods that is next la rgest to the category referred to in 
subparagraph (ii), whose financial creditworthiness is the same or 
substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the loan, could have obtained, 
 
in the same currency in which the payments fo r the loan are expressed and on credit terms, 
other than the interest rate, that most clo sely approximate the credit terms of the loan. 
SOR/95-26, s. 8; SOR/96-255, ss. 15, 25; SOR/2002-67, s. 1(F). 
 
Income Tax Credits, Refunds and Exemptions 
 
32.  Where the subsidy in relation to any subs idized goods is contingent on the export of 
those goods and in the form of a credit against, a refund of or an exemption from income taxes levied 
during any period, the amount of subsidy shall be determined by dividing  
(a)  the amount of the credit, refund or tax not paid by reason of the exemption, as the 
case may be, 
 
by  
(b)  the quantity of goods exported during the period. SOR/95-26, s. 17. 
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Deferral of Income Taxes 
 
33.  Where the subsidy in relation to any subs idized goods is contingent on the export of 
those goods and in the form of a deferral of income  taxes, the amount of subs idy shall be determined 
by distributing, in accordance with generally accep ted accounting principles, the amount determined 
in accordance with section 34 over the quantity of  goods exported during th e period for which taxes 
would have been paid had the taxes not been deferred. SOR/95-26, s. 17. 
34. (1) The amount for the purpose of section 33 is the present value of the interest that would 
have been payable, by the recipient of the defe rral of income taxes, on a commercial loan in an 
amount equal to the amount of the deferred taxes, for a period equal to the period of the deferral, and 
with repayment terms similar to those in the paymen t schedule that applies to the deferred taxes, such 
present value being determined as of the date the defe rral of income taxes came into effect in respect 
of the recipient of the deferral and by reference to the discount rate determined in accordance with 
subsection (2), and the interest rate in respect of  such a loan being equal to the rate that is 
 
(a)  the prevailing interest rate in the te rritory of the government that permitted the 
deferral of income taxes, at the date the taxes would have been payable had they not 
been deferred, in respect of commercial loan s that the recipient of the deferral could 
have obtained and that have a period the same  or substantially the same as the period 
of the deferral and repayment terms compar able to those in the payment schedule 
applicable to the deferred taxes; 
 
(b)  where the interest rate described in paragraph ( a) cannot be ascertained or where 
there is no such interest rate, the prevaili ng interest rate in the territory of the 
government that permitted the deferral, at th e date the taxes would have been payable 
had they not been deferred, in respect of commercial loans that the recipient of the 
deferral could have obtained a nd that have a period that most closely approximates 
that of the period of the deferral and repayment terms that most closely approximate those in the payment schedule appli cable to the deferred taxes; or 
 (c)  where the interest rates described in paragraphs ( a) and ( b) cannot be ascertained or 
where there are no such interest rates, the prev ailing interest rate in the territory of the 
government that permitted the deferral, at th e date the taxes would have been payable 
had they not been deferred, in respect of commercial loans that 
 
(i)  producers of like goods, whose financ ial creditworthiness is the same or 
substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the deferral, could have obtained, 
 
(ii)  where subparagraph (i) is not app licable, producers of goods of the same 
general category, whose financial creditworthiness is the same or substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the deferral, could have obtained, or 
 
(iii)  where subparagraphs (i) and (ii) ar e not applicable, producers of goods of the 
group or range of goods that is next la rgest to the category referred to in 
subparagraph (ii), whose financial creditworthiness is the same or 
substantially the same as or, in the absence of that condition, approximates 
that of the recipient of the deferral, could have obtained, 
 
and that have a period that most closely approximates that of the period of the deferral and repayment terms that most closely approximate those in the payment schedule applicable to 
the deferred taxes. G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 206 
 
 
 
(2)  The discount rate for the purposes of sub section (1) is the same as the interest rate 
determined in accordance with that subsection. SOR/95-26, s. 9; SOR/96-255, ss. 16, 25. 
 
Excessive Relief of Duties and Taxes on Exported Goods 
 
35.  Where the subsidy in relation to any subs idized goods is contingent on the export of 
the goods and is in the form of an exemption fro m or remission, refund or drawback equal to an 
amount greater than the duties or taxes levied on th e production, purchase, distribution, transportation, 
sale, export or import of the goods, the amount of subsidy shall be determined by deducting the 
amount of duties or taxes levied on or in respect  of the exported goods, or the amount of duties or 
taxes that would have been levied on or in respect of the goods if they had not been exported, from the 
amount of the exemption, remission, refund or draw back that was granted in connection with the 
goods, and dividing the result by the quantity of goods , in relation to which the exemption, remission, 
refund or drawback was granted, that were expor ted during the period for which the duties or taxes 
were exempted, remitted, refunded or drawn b ack. SOR/95-26, s. 17; SOR/96-255, ss. 17, 25; 
SOR/2000-138, s. 4. 
 
Excessive Relief of Duties and Taxes on Inputs 
 
35.01  (1) Where the subsidy in relation to any subs idized goods is contingent on the export of 
the goods and is in the form of an exemption fro m or remission, refund or drawback equal to an 
amount greater than the duties or taxes levied on goods consumed in the pr oduction of the exported 
goods, the amount of subsidy shall be determined by  deducting the amount of duties or taxes levied 
on or in respect of the consumed goods from the amount of the exemption, remission, refund or 
drawback that was granted in connection with th e consumed goods, and dividing the result by the 
quantity of goods, in relation to which the exemption,  remission, refund or drawback was granted, that 
were exported during the period for which the duties or taxes were exempted, remitted, refunded or 
drawn back. 
 
(2)  For the purpose of subsection (1), the onl y goods considered to be consumed in the 
production of the exported goods are 
 
(a)  energy, fuel, oil and catalysts that are used or consumed in the production of the 
exported goods; and 
 
(b)  goods incorporated into the exported goods. SOR/96-255, ss. 17, 25; SOR/2000-138, 
s. 4. 
 
Acquisition of Shares 
 
35.1 Where the subsidy in relation to any subsidi zed goods is in the form of the acquisition of 
shares, by a government, in a corporate enterprise, the amount of subsidy shall be determined by 
distributing, in accordance with generally accepte d accounting principles, over the estimated total 
quantity of subsidized goods to which the s ubsidy is attributable, the difference between 
 
(a)  the amount the government paid or agreed to pay for the shares, and 
 
(b)  the fair market value of those shares immediately before the government's decision to 
acquire the shares became public. SOR/95-26, s. 10. 
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Purchase of Goods 
 
35.2 Where the subsidy in relation to any subsid ized goods is in the form of the purchase, by 
a government, of goods, the amount of subsidy shall be determined by distributing, in accordance 
with generally accepted accounting principles, over th e estimated total quantity of subsidized goods to 
which the subsidy is attributable, the difference between  
(a)  the amount the government paid or agreed to pay for the goods, and 
 
(b)  the fair market value of the goods in the territory of that government. SOR/95-26, s. 
10. 
 
Goods or Services Provided by a Government 
 
36.  Where the subsidy in relation to any subsid ized goods is in the form of the provision, 
by a government, of goods or services, the amount of subsidy shall be determined by distributing, in 
accordance with generally accepted accounting princi ples, over the estimated total quantity of 
subsidized goods to which the subsidy is attributable, the difference between 
 
(a)  the fair market value of the goods or services in the territory of the government 
providing the subsidy, and 
 (b)  the price at which the goods or services  were provided by that government. SOR/95-
26, s. 11. 
 
36.001  Where there is a significant difference be tween the amount of subsidy in relation to 
goods as otherwise determined under th is Part and the future value, on the date of sale of the goods, of 
the amount of subsidy so determined, the amount of s ubsidy shall be the future value, on the date of 
sale, of the amount of subsidy as otherwise dete rmined under this Part. SOR/96-255, ss. 18, 25. 
  
PART II.01 
 
DISPUTE SETTLEMENT RESPECTING GOODS OF A NAFTA COUNTRY 
 
36.01  In this Part, 
 
"American Secretary" means the person designated to serve as Secretary to the American 
Section of the Secretariat; ( secrétaire américain ) 
 
"Mexican Secretary" means the person designa ted to serve as Secretary to the Mexican 
Section of the Secretariat; ( secrétaire mexicain ) 
 
"Secretariat" means the Secretariat established pursuant to paragraph 1 of Article 2002 of the 
North American Free Trade Agreement. ( Secrétariat ) SOR/94-20, s. 2. 
 
36.02  For the purposes of the definition "govern ment of a NAFTA country" in subsection 
2(1) of the Act, the following are prescribed  departments, agencies or other bodies: 
 
(a)  for the purposes of subsection 77.011(1), s ubsection 77.011(6) of the English version, 
subsections 77.015(5), 77.017(1) and (3) and 77.019(6) of the Act, 
 
(i)  in respect of Mexico, the office of the Mexican Secretary, and G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 208 
 
 
 (ii)  in respect of the United States, the office of the American Secretary; 
 
(b)  for the purposes of subsections 77.011(4) and 77.013(3)  of the Act, 
 
(i)  in respect of Mexico, the Secret aría de Comercio y Fomento Industrial 
(Secretariat of Trade and I ndustrial Development), and 
 (ii)  in respect of the United States, the Department of State; and 
 
(c)  for the purposes of subsection 77.023(1 ), section 77.025 and subsections 77.028(1) 
and 77.031(1) and (2) of the Act, 
 
(i)  in respect of Mexico, the Secret aría de Comercio y Fomento Industrial 
(Secretariat of Trade and I ndustrial Development), and 
 
(ii)  in respect of the United States,  the office of the United States Trade 
Representative. SOR/94-20, s. 2. 
 
36.03  A government of a province of Canada or of a state of the United States that is 
aggrieved by a definitive decision is deemed to be a person who is entitled to file a request with the 
Canadian Secretary under subsection 77. 011(2) of the Act. SOR/94-20, s. 2. 
 
36.04  For the purposes of subsection 77.012(1) of th e Act, notice of an intention to make an 
application or to appeal in respect of a definitive d ecision that is to be given to every person who, but 
for section 77.012 of the Act, would be entitled to ma ke such an application or to appeal shall be 
given by publication in the Canada Gazette  of a notice to that effect and, if that person is a person 
referred to in subrule 33(1)( a) of the NAFTA Article 1904 Panel Rules , by serving that person with a 
written notice in the manner set out in rule 25 of those Rules. SOR/94-20, s. 2. 
 
36.05  (1) In this section, "administrative record " has the same meaning as in Article 1911 of 
the North American Free Trade Agreement. 
 
(2)  For the purposes of section 77.015 of th e Act, a panel has the powers, rights and 
privileges of a superior court of record in respect of the compelling of production, and the 
examination, of the administrative record in resp ect of a definitive decision, other than any portion 
thereof that is government information within the meaning of the rules relating to panel reviews. 
SOR/94-20, s. 2. 
 
36.06   For the purposes of section 77.019 of the Act, a committee has the powers, rights and 
privileges of a superior court of record in respect of  
(a)  the compelling of production, and the examination, of the record of a panel review; 
and  
(b)  where the grounds for an extraordinary challenge proceeding before the committee 
are the grounds set out in subparagraph 13( a)(i) and paragraph 13( b) of Article 1904 
of the North American Free Trade Agreement, 
 
(i)  the compelling of production, and the examination, of documents relevant to 
those grounds,  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 209 
 
 
(ii)  the summoning and enforcemen t of attendance of witnesses and the 
compelling of those witnesses to give oral or written evidence on oath or on solemn affirmation, and 
 
(iii)  the administering of oaths and affirmations. SOR/94-20, s. 2. 
 
36.07  For the purposes of subsection 77.021(2) of  the Act, the following are prescribed 
persons:  
(a)  a member of a committee; 
 (b)  the staff of, or any person under contract to, a panel, committee or special committee; 
 (c)  the Canadian Secretary and the staff of, or any person under contract to, the Canadian 
Section of the Secretariat; 
 
(d)  the Mexican Secretary and the staff of, or any person under contract to, the Mexican 
Section of the Secretariat; 
 (e)  the American Secretary and the staff of, or any person under contract to, the 
American Section of the Secretariat; 
 
(f)  counsel for participants in the proceedi ngs of a panel, committee or special committee 
and employees of, and any professional adviser  retained by, or under the control or 
direction of, those counsel to whom conf idential, personal, bus iness proprietary or 
other privileged or prescribed information may be made available in respect of those 
proceedings; and 
 
(g)  any other person to whom confidential,  personal, business proprietary or other 
privileged or prescribed information is made available in respect of proceedings under Part I.1 of the Act. SOR/94-20, s. 2. 
 
 
PART II.1 
 
DISPUTE SETTLEMENT RESPECTING GOODS OF THE UNITED STATES 
 
36.1 For the purposes of subsections 77.11(1), (5 ) and (6), 77.15(5), 77.17(1) and (3) and 
77.19(5) of the Act, the American Secretary is th e prescribed agency of the United States government. 
SOR/89-63, s. 2. 
 
36.2  A government of a province of Canada or  of a state of the United States that is 
aggrieved by a definitive decision shall be deemed to be a person entitled to make a request to the 
Canadian Secretary under subsection 77. 11(2) of the Act. SOR/89-63, s. 2. 
 
36.3  For the purposes of subsections 77.11(3) a nd 77.13(2) of the Act, the Department of 
State of the United States is the prescribed depart ment of the United States government. SOR/89-63, 
s. 2. 
 
36.4 (1) For the purposes of subsection 77.12(1) of the Act, the manner by which notice of the 
intention to make an application or appeal is gi ven to every person to whom notice of the definitive 
decision was sent by the Commissioner or every person that appeared in the proceedings before the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 210 
 
 Tribunal, as the case may be, shall be in writing. SO R/89-63, s. 2; SOR/90-662, s. 1; SOR/92-236, s. 
4; SOR/2000-138, s. 13. 
 
(2)  [Repealed, SOR/92-236, s. 4] 
 
36.5  For the purposes of subsection 77.15(2) of the Act, a panel shall have the powers, 
rights and privileges of a superior court of record  to compel the production of and to examine the 
administrative record of proceedings in respect of the definitive decision, other than government 
information, as that expression is defined by the rules, for the purpose of the full review of the 
definitive decision. SOR/89-63, s. 2. 
 
36.6  For the purposes of subsection 77.19(2) of the Act, a committee shall have the 
following powers, rights and privileges of a superior court of record:  
(a)  the power to compel the production of and to examine the record of the panel review, 
for the purpose of the full review of the decision of the panel; and 
 
(b)  where the grounds of the extraordinary challenge are the grounds set out in 
subparagraph 13( a)(i) and paragraph 13( b) of Article 1904 of the Free Trade 
Agreement, 
 
(i)  the power to compel the production of and to examine documents relevant to 
those grounds, 
 
(ii)  the power to summon and enforce the attendance of witnesses and to compel 
them to give oral or written evidence on  oath or on solemn affirmation, and 
 (iii)  the power to administer oaths a nd affirmations. SOR/89-63, s. 2; SOR/92-
590, s.  2.  
36.7  For the purposes of subsection 77.21(2) of the Act, the following are prescribed 
persons: 
 (a)  each member of the staff of a panel or committee; 
 
(b)  the Canadian Secretary, the American Secretary and the staff of the Secretariat and of 
the American Secretariat; 
 
(c)  counsel for participants in the proceedin gs of the panel or committee and employees 
of those counsel to whom confidential, personal, business proprie tary or privileged 
information may be made available in respect of those proceedings; and 
 
(d)  any other person to whom confidential, pe rsonal, business proprietary or privileged 
information is made available in respect of proceedings under Part II of the Act. 
SOR/89-63, s. 2; SOR/92-236, s. 5(F). 
  G/ADP/N/1/CAN/4 
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PART III 
 
GENERAL 
 
Properly Documented Complaints 
 
37. For the purposes of subparagraph ( b)(ii) of the definition "properly documented" in 
subsection 2(1) of the Act, the fo llowing information is prescribed: 
 
(a)  the volume and value of the complainant's domestic production of like goods; 
 (b)  a list of all producers of like goods in Cana da, and of associations of such producers 
in Canada, whom the complainant knows of; 
 
(c)  such details as are reasonably available to the complainant regarding the estimated 
volume and value of the production of like goods by the producers referred to in paragraph ( b); 
 
(d)  the name of each foreign producer or e xporter of the allegedly dumped or subsidized 
goods whom the complainant knows of; 
 
(e)  the name of each importer in Canada of  the allegedly dumped or subsidized goods 
whom the complainant knows of; 
 (f)  such details as are reasonably available to  the complainant regarding the evolution of 
the volume of imports of the allegedly dumped or subsidized goods; and 
 
(g)  such details as are reasonably available to  the complainant regarding the effect of 
imports of the allegedly dumped or subsid ized goods on the price of like goods in 
Canada. SOR/95-26, s. 12; SOR/96-255, s. 19(F). 
 
Injury, Retardation or Threat of Injury 
 
37.1 (1) For the purposes of determining whethe r the dumping or subsidizing of any goods 
has caused injury or retardation, the following factors are prescribed: 
 
(a)  the volume of the dumped or subsidized go ods and, in particular, whether there has 
been a significant increase in the volume of  imports of the dumped or subsidized 
goods, either in absolute terms or relative to the production or consumption of like 
goods; 
 
(b)  the effect of the dumped or subsidized goods on the price of like goods and, in 
particular, whether the dumped or subsidized goods have significantly 
 
(i)  undercut the price of like goods,  (ii)  depressed the price of like goods, or 
 
(iii)  suppressed the price of like goods by  preventing the price increases for those 
like goods that would otherwise likely have occurred; 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 212 
 
 
(c)  the resulting impact of the dumped or subsidized goods on the state of the domestic 
industry and, in particular, all relevant  economic factors and indices that have a 
bearing on the state of the domestic industry, including 
 
(i)  any actual or potential decline in output, sales, market share, profits, 
productivity, return on investments or the utilization of industrial capacity, 
 (ii)  any actual or potential negative effects on cash flow, inventories, 
employment, wages, growth or the ability to raise capital, 
 
(ii.1)  the magnitude of the margin of dumping or amount of subsidy in respect of 
the dumped or subsidized goods, and 
 (iii)  in the case of agricultural goods, in cluding any goods that are agricultural 
goods or commodities by virtue of an Act of Parliament or of the legislature 
of a province, that are subsidized, any increased burden on a government support programme; and 
 
(d)  any other factors that are relevant in the circumstances. 
 
(2)  For the purposes of determining whether the dumping or subsidizing of any goods is 
threatening to cause injury, the following factors are prescribed: 
 
(a)  the nature of the subsidy in question a nd the effects it is likely to have on trade; 
 
(b)  whether there has been a significant rate  of increase of dumped or subsidized goods 
imported into Canada, which rate of incr ease indicates a likelihood of substantially 
increased imports into Canada of the dumped or subsidized goods; 
 
(c)  whether there is sufficient freely disposab le capacity, or an imminent, substantial 
increase in the capacity of an exporter, that indicates a likelihood of a substantial 
increase of dumped or subsidized goods, ta king into account the availability of other 
export markets to absorb any increase; 
 
(d)  the potential for product shifting where production facilities that can be used to 
produce the goods are currently being used to produce other goods; 
 
(e)  whether the goods are entering the domestic market at prices that are likely to have a 
significant depressing or suppressing effect on the price of like goods and are likely to increase demand for further imports of the goods; 
 
(f)  inventories of the goods; 
 
(g)  the actual and potential negative effe cts on existing development and production 
efforts, including efforts to produce a derivative or more advanced version of like goods; 
 
(g.1)  the magnitude of the margin of dumping or amount of subsidy in respect of the 
dumped or subsidized goods; 
 
(g.2)  evidence of the imposition of anti-dumping or countervailing measures by the 
authorities of a country other than Canada in  respect of goods of the same description 
or in respect of similar goods; and  G/ADP/N/1/CAN/4 
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 Page 213 
 
  
(h)  any other factors that are relevant in the circumstances. 
 
(3)  For the purpose of determining whether the dumping or subsidizing of any goods has 
caused injury or retardation, or is threatening to cause injury, the following additional factors are 
prescribed:  
(a)  whether a causal relationship exists between the dumping or subsidizing of the goods 
and the injury, retardation or threat of in jury, on the basis of the factors listed in 
subsections (1) and (2); and 
 
(b)  whether any factors other than the dumpi ng or subsidizing of the goods have caused 
injury or retardation or are threat ening to cause injury, on the basis of 
 
(i)  the volumes and prices of imports of like goods that are not dumped or 
subsidized, 
 (ii)  a contraction in demand for the goods or like goods,  (iii)  any change in the pattern of consumption of the goods or like goods, 
 
(iv)  trade-restrictive practices of, a nd competition between, foreign and domestic 
producers, 
 
(v)  developments in technology, 
 
(vi) the export performance and productivity  of the domestic industry in respect 
of like goods, and 
 
(vii)  any other factors that are relevant in the circumstances. SOR/95-26, s. 12; 
SOR/96-255, s. 20; SOR/2000-138, s. 5. 
 
37.11   For the purposes of determining whethe r injury has been caused by a massive 
importation of dumped or subsidized goods, or by a series of importations of dumped or subsidized 
goods where the importations have occurred within a relatively short period of time and in the 
aggregate are massive, the following factors are prescribed: 
 
(a)  whether there has been an increase of at least 15% in the volume of imports of those 
goods from an individual country of export a nd in respect of which an investigation 
under the Act has not been terminated, dur ing a representative period within the 
period beginning 90 days before the date of  initiation of the investigation and ending 
on the date of the Commissioner's prelimin ary determination under subsection 38(1) 
of the Act, relative to a preceding represen tative period of comparable duration within 
the period of investigation; 
 
(b)  whether the importer, producer or exporter of the dumped goods has a history of 
importing into Canada, or exporting into Ca nada, dumped goods in respect of which 
the Tribunal has made an order or finding that the dumping of the goods has caused 
injury or retardation or a threat of injury; 
 
(c)  whether the authorities of a country other th an Canada have determined that injury to 
the domestic industry of that country was caused by the dumping of goods of the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 214 
 
 
same description, or of similar goods, by an exporter of the goods that are under investigation; 
 
(d)  whether there has been a significant incr ease in the volume of domestic inventories of 
the dumped or subsidized goods within a relatively short period of time; and 
 
(e)  any other factors that are relevant in the circumstances. SOR/2002-67, s. 2. 
 
Expiry Review Factors 
 
37.2 (1) In making a determina tion under paragraph 76.03(7)( a) of the Act, the Commissioner 
may consider  
(a)  whether there has been dumping of goods while a finding or order in respect of the 
goods is in effect and, if applicable, 
 
(i)  the period during which the dumping occurred,  (ii)  the volume and prices of the dumped and non-dumped goods,  
(iii)  the margin of dumping, and 
 (iv)  for non-dumped goods, the amount by which the export prices exceed the 
normal values of the goods; 
 
(b)  whether there has been subsidizing of goods  while a finding or order in respect of the 
goods is in effect and, if applicable, 
 
(i)  the nature and duration of the foreign subsidy program in respect of the 
goods, 
 
(ii)  the period during which the subsidizing occurred, 
 (iii)  the volume of the subsidized goods, and  (iv)  the amount of subsidy; 
 
(c)  the performance of the exporters, foreign producers, brokers and traders including, 
where applicable, in respect of production,  capacity utilization, costs, sales volumes, 
prices, inventories, market share, exports and profits; 
 
(d)  the likely future performance of the expor ters, foreign producers, brokers and traders 
on the basis of factors, where applicable , such as production, capacity utilization, 
sales volumes, prices, inventories, market share, exports and profits; 
(e)  the potential for the foreign producers to  produce the goods in facilities that are 
currently used to produce other goods; 
 
(f)  evidence of the imposition of anti-dumping or countervailing measures by the 
authorities of a country other than Canada in  respect of goods of the same description 
or in respect of similar goods; 
 
(g)  whether measures taken by the authorities of  a country other than Canada are likely to 
cause a diversion of dumped or subsidized goods into Canada;  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 215 
 
  
(h)  any changes in market conditions domesti cally or internationally, including changes 
in the supply of and demand for the goods, in  sources of imports into Canada, and in 
prices, market share and inventories; 
 
(i)  the imposition of anti-dumping or counter vailing measures by authorities of Canada 
in respect of similar goods while an order or finding in respect of the goods was in effect; and 
 
(j)  any other factors that are relevant in the circumstances. 
 (2)  In making a determination under subsecti on 76.03(10) of the Act, the Tribunal may 
consider  
(a)  the likely volume of the dumped or subsidi zed goods if the order or finding is allowed 
to expire, and, in particular, whether ther e is likely to be a significant increase in the 
volume of imports of the dumped or subsid ized goods, either in absolute terms or 
relative to the production or consumption of like goods; 
 
(b)  the likely prices of the dumped or subsidi zed goods if the order or finding is allowed 
to expire and their effect on the prices of like goods, and, in particular, whether the 
dumping or subsidizing of goods  is likely to significantly undercut the prices of like 
goods, depress those prices, or suppress them by preventing increases in those prices that would likely have otherwise occurred; 
 
(c)  the likely performance of the domestic industry, taking into account that industry's 
recent performance, including trends in pr oduction, capacity utili zation, employment 
levels, prices, sales, inventories, market share, exports and profits; 
 
(d)  the likely performance of the foreign industry, taking into account that industry's 
recent performance, including trends in pr oduction, capacity utili zation, employment 
levels, prices, sales, inventories, market share, exports and profits; 
 
(e)  the likely impact of the dumped or subsidized goods on domestic industry if the order 
or finding is allowed to expire, having re gard to all relevant economic factors and 
indices, including any potential decline in output, sales, market share, profits, 
productivity, return on investments or u tilization of production capacity, and any 
potential negative effects on cash flow, inventories, employment, wages, growth or the ability to raise capital; 
 
(f)  the potential for the foreign producers to produce the goods in facilities that are 
currently used to produce other goods; 
 
(g)  the potential negative effects of th e dumped or subsidized goods on existing 
development and production efforts, including efforts to produce a derivative or more 
advanced version of like goods; 
 
(h)  evidence of the imposition of anti-dumping or countervailing measures by the 
authorities in a country other than Canada in  respect of goods of the same description 
or in respect of similar goods; 
 
(i)  whether measures taken by the authorities in a country other than Canada are 
likely to cause a diversion of the dumpe d or subsidized goods into Canada; G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 216 
 
  
(j)  any changes in market conditions domesti cally or internationally, including changes 
in the supply of and demand for the goods, as well as any changes in trends and in 
sources of imports into Canada; and 
 
(k)  any other factors relevant in the circumstances. SOR/2000-138, s. 6. 
 
Joining Investigations 
 
38. Subject to section 39, where the same goods, like goods or similar goods are 
 (a)  subject to more than one properly documented complaint, the properly documented 
complaints may be joined by the Commi ssioner for the purpose of initiating a single 
investigation; 
 
(b)  subject to more than one preliminary inquiry, the preliminary inquiries may be joined 
by the Tribunal and carried out as one preliminary inquiry; or 
 (c)  subject to more than one dumping investig ation or subsidy investigation, or one or 
more dumping investigations and one or more subsidy investigations, the 
investigations may be joined by th e Commissioner and carried out as one 
investigation. SOR/96-255, s. 21; SOR/2000-138, s. 7. 
 
39.  Investigations may not be  joined under paragraph 38( c) if a preliminary determination 
of dumping or subsidizing has been made in r espect of any of those investigations. SOR/2000-
138, s. 7. 
 
40. (1) Where properly documented compla ints are joined under paragraph 38( a), the 
Commissioner shall cause a notice of the joining to be given in writing to the complainants and the 
governments of the countries of export involved in the complaints. 
 
(2)  Where preliminary inquiries are joined under paragraph 38( b), the Tribunal shall 
cause a notice of the joining to be given in writi ng to the Commissioner and the importers, exporters, 
governments of the countries of export and co mplainants involved in the inquiries. 
 
(3)  Where investigations are joined under paragraph 38( c), the Commissioner shall cause 
a notice of the joining to be given in writing to the Secretary and the importers, exporters, 
governments of the countries of export and compla inants involved in the investigations. SOR/2000-
138, s. 7. 
 
Public Interest Inquiry 
 
40.1 (1) A request referred to in subsection 45(1) of the Act shall be made in writing to the 
Secretary within 45 days after the issuance of an order or finding by the Tribunal under section 43 of the Act. 
 (2)  A request referred to in subsection 45(1) of the Act shall 
 
(a)  include the name, address for service, telephone number and, if any, the facsimile 
number and electronic mail address of the requester and of the requester's counsel, if any, and be signed by the requester or by the requester's counsel, if any; 
  G/ADP/N/1/CAN/4 
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 Page 217 
 
 
(b)  include a statement of the public interest affected by the imposition of an anti-
dumping or countervailing duty indicating the degree to which it is affected; 
 (c)  include sufficient information as to wh ether the imposition of an anti-dumping or 
countervailing duty would not or might  not be in the public interest; 
 
(d)  address all relevant factors, including, where applicable, 
 
(i)  the availability of goods of the sa me description from countries or exporters 
to which the order or finding does not apply, 
 
(ii)  the effect that the imposition of an anti-dumping or countervailing duty has 
had or is likely to have on competition in the domestic market, 
 
(iii)  the effect that the imposition of an anti-dumping or countervailing duty has 
had or is likely to have on producers in  Canada that use the goods as inputs in 
the production of othe r goods and in the provision of services, 
 
(iv)  the effect that the imposition of an anti-dumping or countervailing duty has 
had or is likely to have on compe tition by limiting access to goods that are 
used as inputs in the production of other goods and in the provision of 
services, or by limiting access to technology, 
 
(v)  the effect that the imposition of an anti-dumping or countervailing duty has 
had or is likely to have on the choice or availability of goods at competitive 
prices for consumers, and 
 (vi)  the effect that the non-imposition of an anti-dumping or countervailing duty, 
or the non-imposition of such a duty in the full amount provided for in sections 3 to 6 of the Act is likely to  have on domestic producers of inputs, 
including primary commodities, used in the production of like goods; and 
 
(e)  include any other information that is relevant in the circumstances. 
 (3)  For the purposes of subsection 45(3) of th e Act, the following factors are prescribed: 
 
(a)  whether goods of the same description are readily available from countries or 
exporters to which the order or finding does not apply; 
 
(b)  whether imposition of an anti-dumping or countervailing duty in the full amount 
 
(i)  has eliminated or substantially lessened or is likely to eliminate or 
substantially lessen competition in the domestic market in respect of goods, 
 
(ii)  has caused or is likely to cause si gnificant damage to producers in Canada 
that use the goods as inputs in the production of other goods and in the provision of services, 
 
(iii)  has significantly impaired or is lik ely to significantly impair competitiveness 
by 
 
(A)  limiting access to goods that are used as inputs in the production of 
other goods and in the provision of services, or G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 218 
 
 
 (B)  limiting access to technology, or  
(iv)  has significantly restricted or is likely to significantly restrict the choice or 
availability of goods at competitive pr ices for consumers or has otherwise 
caused or is otherwise likely to cause them significant harm; 
 
(c)  whether non-imposition of an anti-du mping or countervailing duty or the non-
imposition of such a duty in the full amount provided for in sections 3 to 6 of the Act 
is likely to cause significant damage to  domestic producers of inputs, including 
primary commodities, used in the domestic  manufacture or production of like goods; 
and 
 
(d)  any other factors that are relevant in the circumstances. 
 
(4)  Where, in relation to an inquiry, a pers on referred to in subsection 45(6) of the Act 
wishes to make representations to the Tribunal on the question referred to in that subsection, the 
request to make representations shall be made in wr iting and shall be filed with the Secretary within 
21 days after the date of publication of the no tice referred to in subsection 45(2) of the Act. 
 
(5)  A request made by a person under subsecti on (4) shall outline the person's interest in 
the inquiry and shall give the name, address for service, telephone number, and, if any, the facsimile number and electronic-mail address of the person a nd of the person's counsel, if any. SOR/2000-138, 
s. 7. 
Person Interested 
 
41.  For the purpose of subsection 45(6) of th e Act, the expression "person interested" 
means any person who is  
(a)  engaged in the production, purchase, sale, export or import of any goods that are the 
subject of an investigation; 
(b)  engaged in the production, purchase or sale of any goods produced in Canada that are 
like goods in relation to any goods that are the subject of an investigation; 
 
(c) acting on behalf of any person referred to in paragraph ( a) or ( b); 
 
(d)  engaged in the production or sale of any g oods produced in Canada that are used in 
the production of like goods in relation to any goods that are the subject of an investigation; 
 
(e)  acting on behalf of any person referred to in paragraph ( d); 
 
(f)  required or authorized by any Act of Parliament or of the legislature of a province to 
make representations to the Tribunal on the question referred to in subsection 45(6) of 
the Act; 
 
(g)  a user of any goods that are like goods in re lation to any goods that are the subject of 
an investigation; or 
 (h)  an association whose purpose is to advocat e the interests of consumers in Canada. 
SOR/2000-138, s. 8. 
  G/ADP/N/1/CAN/4 
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 Page 219 
 
 
42.  For the purposes of subsect ion 89(1) and section 95 of the Act, a person referred to in 
paragraphs 41( a) to ( c) of these Regulations is a person interest ed in the question as to which of two 
or more persons is the importer in Canada where that question arises under the Act. 
 
Fee Payable 
 
43.  The fees that are payable under section 83 of  the Act for the copying of information, 
and the fees that are payable for the copying of information that is disclosed under subsection 84(3) of the Act, shall be as follows: 
 
(a)  for photocopying a page with the dimensions  of not more than 21.5 cm by 35.5 cm, 
$0.20 per page; 
 
(b)  for microfiche duplication, non-silver, $0.40 per fiche; 
 
(c)  for 16 mm microfilm duplication, non-silver, $12 per 30.5 mm roll; 
 (d)  for 35 mm microfilm duplication, non-silver, $14 per 30.5 mm roll; 
 (e)  for microform-to-paper duplication, $0.25 per page; 
 
(f)  for magnetic tape-to-tape dup lication, $25 per 731.5 mm reel; 
 (g)  for personal computer magnetic diskette duplication, $2 per diskette (all sizes); and 
 
(h)  for compact disk duplication, $20 per disk. SOR/89-578, s. 1; SOR/2000-138, s. 9. 
 
Currency Conversion 
 
44. (1) Subject to subsection (2) and section 45, where an amount that is used or taken into 
account for any purpose in the administration or en forcement of the Act is expressed in the currency 
of a country other than Canada, the equivalent dol lar value of that amount shall be calculated by 
multiplying that other currency amount by the prevailing rate of exchange referred to in section 5 of the Currency Exchange for Customs Valuation Regulations  in respect of that currency for the date of 
sale. 
 
(2)  Where a sale of foreign currency on forwar d markets is directly linked to the export 
sale to an importer in Canada, the rate of exchange that was used in the forw ard sale of currency shall 
be used in place of the rate of exchange re ferred to in subsection (1). SOR/95-26, s. 13. 
 
45.  Where sufficient information has not been furnished or is not available at the time 
goods have been released from customs possession or entered for warehouse, whichever is the earlier, 
to enable the calculation under section 44 to be made on the basis of the date of sale, the date of 
shipment to Canada shall be used in place of the date of sale for the purpose of that section. 
 
Re-determinations 
 
46.  Where a manufacturer, producer or exporter of goods of the United States files a 
request for re-determination, the manufacturer, producer or exporter is hereby prescribed for the 
purposes of subsection 59(4) of the Act. SOR/89-63, s. 3. 
 
47.  For the purposes of subsections 56(1.1) and 58(2) of the Act, a request for re-
determination shall be delivered by hand or sent by registered mail to the Director General, Anti-G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 220 
 
 dumping and Countervailing Directorate, Customs and Trade Administration Branch, Canada Customs and Revenue Agency, Ottawa, Ontario K1 A 0L5. SOR/89-63, s. 3; SOR/92-590, s. 3; 
SOR/95-26, s. 14; SOR/96-255, s. 24; SOR/2000-138, ss. 14, 15. 
 
48.  For the purposes of subsections 56(1.1) a nd 58(2) of the Act, the information to 
accompany a request for a re-determination shall be  
(a)  a statement setting out the grounds on whic h the determination or re-determination is 
contested; 
 
(b)  a statement setting out the facts on which the request for re-determination is based; 
 (c)  evidence in support of the facts referred to in paragraph ( b); and 
 
(d)  where the request for re-determination is  made by the importer of the goods, a copy 
of 
 
(i)  the documentation used in accountin g for the goods under subsection 32(1), 
(3) or (5) of the Customs Act , and 
 
(ii)  where the goods were released prior to accounting, the documentation used in 
making an interim accounting for the goods under subsection 32(2) of the 
Customs Act , if different from the documenta tion referred to in subparagraph 
(i). SOR/89-63, s. 3; SOR/92-236, s. 6(E). 
 
49.  For the purposes of subsections 56(1.1), 58(2) and 59(4) and (5) of the Act, the 
Department of State of the United States is the prescribed department of the United States government. SOR/89-63, s. 3. 
 
50.  For the purposes of subsection 59(3.1) of the Act, a manufacturer, producer or 
exporter of goods of a NAFTA country who files a request for a re-determination is a prescribed 
person. SOR/94-20, s. 3. 
 
51.  For the purposes of subsections 56(1.01) a nd 58(1.1) of the Act, a request for a re-
determination shall be delivered by hand or sent by registered mail to the Director General, Anti-
dumping and Countervailing Directorate, Customs and Trade Administration Branch, Canada 
Customs and Revenue Agency, Ottawa, Ontario K1 A 0L5. SOR/94-20, s. 3; SOR/95-26, s. 15; 
SOR/96-255, s. 24; SOR/2000-138, ss. 14, 15. 
 
52.  For the purposes of subsections 56(1.01) a nd 58(1.1) of the Act, a request for a re-
determination shall be accompanied by  
(a)  a statement setting out the grounds on whic h the determination or re-determination is 
contested; 
 
(b)  a statement setting out the facts on which the request for re-determination is based; 
 
(c)  evidence in support of the facts referred to in paragraph ( b); and 
 (d)  where the request for the re-determinati on is made by the importer of the goods, a 
copy of 
  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 221 
 
 
(i)  the documentation used in accountin g for the goods under subsection 32(1), 
(3) or (5) of the Customs Act , and 
 
(ii)  where the goods were released prior to accounting, the documentation used in 
making an interim accounting for the goods under subsection 32(2) of the 
Customs Act , if that documentation is di fferent from the documentation 
referred to in subparagraph (i). SOR/94-20, s. 3. 
 
53.  For the purposes of the definition "gover nment of a NAFTA country" in subsection 
2(1) of the Act, the following are prescribed de partments for the purposes of subsections 56(1.01), 
58(1.1) and 59(3.1) of the Act:  
(a)  in respect of the United States, the Department of State; and 
 
(b)  in respect of Mexico, the Secretaría de Comercio y Fomento Industrial (Secretariat of 
Trade and Industrial Development). SOR/94-20, s. 3. 
 
54.  For the purposes of the Act, 
 (a)  the Federal Register  is deemed to be the official publication of the United States; and 
 
(b)  the Diario Oficial de la Federación  is deemed to be the official publication of 
Mexico. SOR/94-20, s. 3. 
 55. (1) For the purposes of subsection 13.2(2) of th e Act, a request for a review shall be made 
in writing and shall contain the following information: 
 
(a)  confirmation that the goods have been so ld or consigned to an importer in Canada; 
 (b)  with respect to each sale or consignment of the goods to an importer in Canada, 
 
(i)  the name and address of the importer, 
 (ii)  a detailed description of the goods,  (iii)  the date of sale or consignment of the goods, 
 
(iv)  the date of shipment of the goods, 
 
(v)  the purchase or consignment order num ber with respect to the goods and the 
date of the purchase or consignment order, 
 
(vi)  complete details of the 
 
(A)  contract of sale or of the purchase order acknowledgement or 
acceptance, or 
 
(B)  consignment contract or of the consignment order acknowledgment 
or acceptance, and 
 
(vii)  the name and address of the manuf acturer or producer of the goods; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 222 
 
 
(c)  a description of the exporting enterprise and a list of all associated persons who are 
located in the country of export. 
 
(2)  A request for a review shall be deliver ed to the Director General, Anti-dumping and 
Countervailing Directorate, Customs and Trade Administration Branch, Canada Customs and 
Revenue Agency, Ottawa, Ontario K1A 0L5. SOR/ 95-26, s. 16; SOR/96-255, ss. 22, 24; SOR/2000-
138, ss. 14, 15. 
 
56.  The security referred to in subsecti on 13.2(4) of the Act shall be posted 
 
(a)  if it is in the form of cash or a certifie d cheque, with an officer at the customs office 
at which the goods are or are to be released; and 
 (b)  if it is in any other form, with an officer  at the regional office of Canada Customs and 
Revenue Agency of the region in which th e goods are or are to be released. SOR/95-
26, s. 16; SOR/2000-138, s. 15. 
 
Refusal of Acceptance of Undertaking 
 
57.  For the purpose of subsection 49(4) of the Act, the period of time commences on the 
day on which the preliminary determination of dumpi ng or subsidizing is made in respect of the goods 
to which the undertaking has been offered and ends  60 days after that day. SOR/95-26, s. 16. 
 
57.1  The Commissioner may refuse to consider representations referred to in subsection 
49(5) of the Act after the period beginning on the da y on which an undertaking is offered and ending 
nine days after that day. SOR/2000-138, s. 10. 
 
Number of Copies of Written Submissions 
 
58.  A person who is making a written submission for the purposes of the Act shall submit 
the number of copies specified by an officer. SOR/96-255, s. 23. 
 
[RELATED PROVISION: 
 SOR/96-255: 
 
25.  Sections 1 to 18 apply in respect of the determination or redetermination of a 
normal value, export price, amount of subsid y or margin of dumping in relation to goods 
imported into Canada and released on or after July 1, 1996.] 
 
  G/ADP/N/1/CAN/4 
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Regulations Exempting Goods of Chile from the Application of Anti-dumping Measures 
 
SOR/97-326 
 
Registration 5 July 1997 
 
SPECIAL IMPORT MEASURES ACT 
 
P.C. 1997-957 4 July 1997 
 
His Excellency the Governor General in Council,  on the recommendation of the Minister of 
Finance, pursuant to subsection 14(2)
a of the Special Import Measures Act , hereby makes the annexed 
Regulations Exempting Goods of Chile from  the Application of Anti-dumping Measures . 
 
a S.C. 1997, c. 14, s. 89 
 
REGULATIONS EXEMPTING GOODS OF CHILE FROM THE  
APPLICATION OF ANTI-DUMPING MEASURES 
 
EXEMPTION 
 
1.  Goods of Chile that qualify as originating goods under the CCFTA Rules of Origin 
Regulations  and that are entitled to the benefit of the Chile Tariff under the CCFTA Tariff Preference 
Regulations  are exempt from the applicati on of anti-dumping measures under the Special Import 
Measures Act  as of the earlier of 
 
(a)  the date on which the rate for all goods covered by the subhead ing that includes the 
tariff item under which the goods are classified is free under the Customs Tariff  for 
goods of Chile that are originating goods and under the Arancel Aduanero  for goods 
of Canada that are originating goods; and 
 
(b)  1 January 2003. 
 
COMING INTO FORCE 
 
2.  These Regulations come into force on the day on which section 89 of the Canada-
Chile Free Trade Agreement Implementation Act , chapter 14 of the Statutes of Canada, 1997, comes 
into force.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 224 
 
 
Order Suspending Certain Provisions of the Special Import Measures Act 
 
P.C. 2001-109 23 January 2001 
 
 Her Excellency the Governor General in Counc il, on the recommendation of the Minister of 
Finance, pursuant to subsection 98(1)a of the Special Import Measures Act , hereby makes the 
annexed Order Suspending Certain Provisions of the Special Import Measures Act . 
 
ORDER SUSPENDING CERTAIN PROVISIONS OF THE  
SPECIAL IMPORT MEASURES ACT 
 
SUSPENSIONS 
 
1.  The application of the definition “arbitration body” and of paragraph ( b) of the definition 
“non-actionable subsidy” in subsection 2(1) of the Special Import Measures Act is suspended 
with respect to all countries.  2.  The application of the words “and subsection 31.1(1)” in subsection 31(6) of the Act is suspended with respect to all countries.  
3.  The application of section 31.1 of the Act is suspended with respect to all countries. 
 
COMING INTO FORCE 
 
4.  This Order comes into force on the day on which it is registered. 
 
   G/ADP/N/1/CAN/4 
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 Page 225 
 
  
Canadian International Trade Tribunal Rules 
 
SOR/91-499 
 
Registration 14 August 1991 
 
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 
 
P.C. 1991-1446 13 August 1991 
 
His Excellency the Governor General in Council,  on the recommendation of the Minister of 
Finance, pursuant to subsection 39(1)* of the Canadi an International Trade Tribunal Act**, is pleased 
hereby to approve 
 
(a)  the revocation by the Canadian Interna tional Trade Tribunal of the Canadian Import 
Tribunal Rules, approved by Order in Council P.C. 1985-3312 of November 7, 
1985***; and 
 (b)  the making by the Canadian International Trade Tribunal, after consultation with the 
Minister of Finance, of the annexed Rules governing the proceedings, practice and 
procedures of the Canadian International Trade Tribunal, in substitution therefor. 
 * S.C. 1988, c. 65, s. 59 (E)  
** R.S., c. 47 (4th Supp.) 
*** SOR/85-1068, 1985 Canada Gazette  Part II, p. 4652 
 
RULES GOVERNING THE PROCEEDINGS , PRACTICE AND PROCEDURES  
OF THE CANADIAN INTERNATIONAL TRADE TRIBUNAL 
 
SHORT TITLE 
 
1.  These Rules may be cited as the Canadian International Trade Tribunal Rules . 
 
DEFINITIONS 
 
2.  In these Rules, 
 
"Act" means the Canadian International Trade Tribunal Act ; (Loi) 
 
"address" includes an address for electronic transmission; ( adresse ) 
 
"Agency" means the Canada Customs a nd Revenue Agency established by the Canada 
Customs and Revenue Agency Act ; (Agence ) 
 
"appeal" means an appeal referred to in paragraph 30( a); (appel ) 
 
"appellant" means a person who files a notice of appeal pursuant to rule 31; ( appelant ) 
 
"Commissioner" means the Commissioner of  Customs and Revenue appointed under 
section 25 of the Canada Customs and Revenue Agency Act ; (commissaire ) 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 226 
 
 
"counsel" includes any person who acts in a proceeding on behalf of a party; ( avocat ) 
 
"counsel of record" means the counsel of record  for a party as determined in accordance with 
rule 11; ( avocat inscrit au dossier ) 
 
"Deputy Minister" [Repealed, SOR/2000-139, s. 1] 
 
"document" includes any written documentation,  film, photograph and audio tape and any 
information stored by electronic means; ( document ) 
 
"electronic hearing" means a hearing held by te lephone or video conference, or by any other 
electronic means by which parties can communi cate with each other and the Tribunal orally; 
(audience électronique ) 
 
"electronic transmission" includes communication by fax or electronic mail or by any other 
electronic means by which parties can communicate; ( transmission électronique ) 
 
"fax" [Repealed, SOR/2000-139, s. 1] 
 
"Form" [Repealed, SOR/2000-139, s. 1] 
 
"hearing by way of written submissions" means a hearing held by the exchange of documents; 
(audience sur pièces ) 
 
"interested party", in relation to an inquiry under section 42 or 45 of the Special Import 
Measures Act  or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, means 
 
(a)  the complainant, if any, under section 31 of  that Act in the investigation in which the 
preliminary determination referred to in section 42 of that Act was made, 
 
(b)  any domestic producer, exporter to Canada  or importer into Canada of goods in 
respect of which the preliminary determination was made, 
 
(c)  an association of, or that includes, domestic producers, exporters to Canada or 
importers into Canada of goods in respect  of which the preliminary determination 
was made, 
 
(d)  the government of any country mentioned in the preliminary determination, and 
 
(e)  any other person who, because their rights or pecuniary interests may be affected or 
for any other reason, is entitled to be heard by the Tribunal before the Tribunal disposes of the inquiry or the review, as th e case may be, in accordance with that Act; 
(partie intéressée ) 
 
"intervener" means a person who 
 
(a)  files a notice of intervention referred to in rule 39 or 40 and has been added as an 
intervener, 
 
(b)  is permitted to intervene under an order of the Tribunal referred to in rule 42, or 
 (c)  is an interested party that has been gran ted leave of the Tribunal to intervene in any 
proceedings in relation to a complaint under section 30.17 of the Act; ( intervenant )  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 227 
 
 
"other interested party" has the same meaning as in section 3 of the Canadian International 
Trade Tribunal Regulations ; (autres intéressés ) 
 
"party" means 
 
(a)  in the case of an inquiry under section 42 or 45 of the Special Import Measures Act  or 
a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, an interested party who has filed a notice of participation in the inquiry or review, as the case may be, in accordance with these Rules, 
 
(b)  in the case of a proceeding unde r section 89 or paragraph 91(1)( g) of the Special 
Import Measures Act , a person to whom notice has been sent under subrule 76(2) or 
rule 79, if the person has 
 
(i)  filed a notice of participation in accordance with these Rules, or 
 (ii)  if no hearing is to be held in the proceeding, made a written submission to the 
Tribunal, 
 
(c)  in the case of an appeal, the appellant, the respondent or an intervener, 
 
(d)  in the case of a complaint under subsection 30.11(1) of the Act, the complainant, the 
government institution or an intervener, and 
 
(e)  in the case of any other proceeding, a pers on who has an interest in the subject-matter 
of the proceeding and who has 
 
(i)  filed a notice of participation in that proceeding in accordance with these 
Rules, or 
 
(ii)  been given status by the Tribunal to be a party in that proceeding; ( partie ) 
 
"proceeding" includes an appeal, re-hearing, re ference, inquiry, recommencement of inquiry, 
review, request for a ruling, reconsideration of an  order or finding, complaint filed by a domestic 
producer or any other proceeding before the Trib unal under the Act or u nder any other Act of 
Parliament or regulations made thereunder; ( procédure ) 
 
"respondent" means the Minister of National Re venue or the Commissioner, as the case may 
be; (intimé ) 
 
"Secretary" means the Secretary of the Tribunal, and includes any other officer or employee 
of the Tribunal during any period that the officer or employee is authorized to act as Secretary. 
(secrétaire ) SOR/93-601, s. 1; SOR/2000-139, s. 1. 
 
INTERPRETATION 
 
3.  These Rules shall be liberally construed to secure the fairest, least expensive and 
most expeditious determination of every proceed ing, in accordance with section 35 of the Act. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 228 
 
 
PART I 
 
RULES OF GENERAL APPLICATION 
 
Application 
 
4.  Except where the context otherwise requir es, this Part applies to all proceedings 
before the Tribunal. 
 
Directions on Procedure 
 
5.  Where, in any proceeding, a question of procedure arises to which these Rules do not 
provide an answer, or the answer they do provide is incomplete, the question shall be disposed of, 
consistently with such, if any, of these Rules as are applicable, in such manner as the Tribunal directs. 
 
Dispensing with or Varying Procedure 
 
6.  The Tribunal may dispense with, vary or supplement any of these Rules if it is fair 
and equitable to do so or to provide for a more e xpeditious or informal process, as the circumstances 
and considerations of fairness permit. SOR/2000-139, s. 2. 
 
Combining of Proceedings 
 
6.1  The Tribunal may, on its own initiative or on the written request of a party, combine 
two or more proceedings to provide for a more expe ditious or informal pro cess, as the circumstances 
and considerations of fairness permit. SOR/2000-139, s. 2. 
 
Defect in Form and Irregularity 
 
7.  No proceeding is invalid by reason of a defect in form or a technical irregularity. 
 
Extending or Abridging Time Limits 
 
8.  If it is fair and equitable to do so, the Tribunal may extend or abridge the time limits 
fixed by these Rules or otherwise fixed by the Tri bunal, either before or after their expiry. SOR/2000-
139, s. 3. 
Computation of Time 
 
9.  Unless otherwise provided, the computation of time under these Rules or a direction 
of the Tribunal is governed by sections 26 to 28 of the Interpretation Act . 
 
Participation 
 
10. (1) A person who proposes to participate in  a proceeding, other than a proceeding under 
Part II or Part X, shall file with the Tribunal a no tice of participation on the relevant Tribunal form on 
or before the date that is speci fied in the notice published in the Canada Gazette  under rule 54, 65, 71, 
73.1, 73.5, 76, 78 or 85, as the case may be. 
 
(2)  If a person referred to in subrule (1) sets out, in the notice of participation, the name 
of the counsel by whom they will be represented, th e counsel shall file with the Tribunal a notice of 
representation on the relevant Tribunal form on or before the date that is  specified in the notice 
published in the Canada Gazette  under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be. 
SOR/2000-139, s. 4.  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 229 
 
 
Counsel of Record 
 
11. (1) A counsel who signs a document filed pur suant to these Rules on behalf of any party 
shall be the counsel of record for the party comm encing on the date of filing and continuing until a 
change, if any, is made in accordance with subrule (2). 
 
(2)  A party in a proceeding may change  the party's counsel of record by 
 
(a)  filing with the Tribunal a Notice of Change of counsel of record signed by the new 
counsel; 
 (b)  serving a copy of the Notice on the former counsel and every other party in the 
proceeding; and 
 
(c)  filing with the Tribunal proof of service of the Notice. 
 
Filing of Documents 
 
12. (1) Subject to subrule (2) and rule 17 and in addition to the provisions of the Excise Tax 
Act in respect of appeals under Part VII of that Act, each document required or permitted by these 
Rules to be filed shall be filed by sending to the Secretary, by hand, mail or electronic transmission, 
 
(a)  in the case of an appeal, the original an d five copies of the document and the number 
of additional copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties; and 
 
(b)  in all other proceedings, the original doc ument and the number of copies of it that the 
Secretary indicates are necessary for the Tribunal and all of the parties. 
 
(2)  A party may make a written request to th e Tribunal to file a document as a single 
copy exhibit. 
 
(3)  A document that is filed by electronic transmission shall include the following 
information on the first page:  
(a)  the name, address and telephone and fax numbers of the sender; 
 
(b)  the date and time of the transmission; 
 (c)  the total number of pages transmitted; and 
 (d)  the name, address and telephone number of a person to contact if transmission 
problems occur. 
 
(4)  When a document is filed by electroni c transmission, the sender must immediately 
send to the Secretary the original document and the number of copies required under subrule (1).  
(5)  Subject to subrule 31(3) and rule 96, the date of filing of a document is 
 
(a)  where the document is filed by electronic transmission, the date of transmission; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 230 
 
 
(b)  in any other case, the date on which th e document is received by the Tribunal, as 
evidenced by the date stamped on the docum ent by the Secretary. SOR/93-601, s. 2; 
SOR/2000-139, s. 5. 
 
Official and Other Languages 
 
12.1 (1) Subject to subrule (2), all documents f iled with the Tribunal must be in English or 
French.  
(2)  A person may file an original document in  a language other than English or French if, 
at the same time, the person also files a translation of it in English or French and an affidavit attesting 
to the accuracy of the translation. If the document is  required to be served, the translation and affidavit 
must be served at the same time. SOR/2000-139, s. 5. 
 
Service of Documents 
 
13. (1) Subject to rule 17 and in addition to the provisions of the Excise Tax Act  in respect of 
appeals under Part VII of that Act, the following rules apply to the service of documents:  
(a)  if a document is required to be serve d personally, the service shall be made 
 
(i)  on an individual, by leaving a copy of it with the individual,  (ii)  on a corporation, by leaving a copy of it with an officer, director or agent of 
the corporation, or with a person at any place of business of the corporation 
who appears to manage or be in control of the place of business, and 
 
(iii)  in any other case, in any manner th at the Tribunal dete rmines is just and 
equitable in the circumstances; and 
 
(b)  if a document is not required to be served personally, the service shall be made at the 
address for service of the party. 
 (2)  [Repealed, SOR/2000-139, s. 6]  (3)  The address for service of a party shall be 
 
(a)  where there is a counsel of record for a party, the business address of the counsel as 
shown on the most recent document filed by the counsel that shows the counsel's address; and 
 
(b)  where there is no counsel of record 
 
(i)  in the case of the Minister of National Revenue or the Commissioner, the 
Office of the Deputy Attorney General of Canada in Ottawa, or 
 
(ii)  in the case of any other party, the address of the party as shown on the most 
recent document filed by the party that shows the party's address. 
 
(4)  The service of a document at an address for service shall be made  (a)  by sending it to the address for service by mail, by registered mail or by electronic 
transmission; or  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 231 
 
  
(b)  by leaving it at the address for service. 
 (5)  A document that is served by electroni c transmission shall include the following 
information: 
 
(a)  the name, address and telephone and fax numbers of the sender; 
 (b)  the name of the person to be served; 
 
(c)  the date and time of the transmission; 
 (d)  the total number of pages transmitted; and 
 
(e)  the name, address and telephone number of a person to contact if transmission 
problems occur. 
 
(6)  In the absence of proof to the contra ry, the date of service of a document is 
 (a)  if the document is served personally or by leaving it at the address for service, the 
date of delivery; 
 
(b)  if the document is served by mail or registered  mail, the date that is five days after the 
earliest postal date appearing on the envelope containing the document; and 
 
(c)  if the document is served by electronic transmission, the date of the transmission. 
 
(7)  If a document is required under these Rules to be served by a party or by direction of 
the Tribunal, the Tribunal may direct that a proof of service be filed with the Tribunal.  
(8)  A proof of service of a document shall be made by showing 
 
(a)  an acknowledgement of service signed by or  on behalf of the person served; or 
 
(b)  an affidavit of service stating the name  of the person who served the document and 
the date, place and manner of service. SOR/2000-139, s. 6. 
 
Means of Transmission 
 
13.1  Unless otherwise provided by these Rules or  any other law, any sending, transmitting, 
notifying, servicing or filing may be done by hand, mail, registered mail or electronic transmission. 
SOR/2000-139, s. 7.  
Filing of Confidential Information 
 
14.  Where information designated as conf idential pursuant to paragraph 85(1)( a) of the 
Special Import Measures Act  is filed with the Tribunal, the Tribunal shall treat that information as 
confidential unless the person who provided it agrees in writing that it need not be treated as 
confidential by the Tribunal. 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 232 
 
 
Submission of Confidential Information 
 
15. (1) If a person provides confidential inform ation to the Tribunal under paragraph 46(1)( a) 
of the Act, the person shall file with the Tribunal a document marked "confiden tial" that contains all 
of the information and that identifies the portions that have been deleted from the non-confidential 
edited version or the non-confidentia l summary under paragraph 46(1)( b) of the Act, which edited 
version or summary shall also be filed with the Tribunal. 
 
(2)  Except for the purposes of Part II and Part X, the filing of the documents referred to 
in subrule (1) is completed when all of them have be en filed, and, if they are filed on different dates, 
the date of filing is the date on which the most  recent document is filed. SOR/2000-139, s. 8. 
 
Disclosure of Information to Counsel or to Expert 
 
16. (1) For the purpose of section 45 of the Act, a counsel for a party, other than a counsel 
who is not a resident of Canada or who is a director, servant or employee of the party, who wishes access to confidential information provided to the Tribunal shall provide the Tribunal with a 
declaration and undertaking on the relevant Tri bunal form in respect of the use, disclosure, 
reproduction, protection and storage of the confidentia l information in the record of a proceeding, as 
well as that counsel's disposal of the confidential in formation at the close of the proceeding or in the 
event of a change of counsel. 
 
(2)  For the purpose of section 45 of the Act, a counsel for a party who is not a resident of 
Canada who wishes access to confidential informat ion provided to the Tribunal shall provide the 
Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, 
disclosure, reproduction, protection and storage of th e confidential information in the record of a 
proceeding, as well as that counsel's disposal of the confidential information at the close of the 
proceeding or in the event of a change of counsel.  
(3)  A person who is recognized by the Tr ibunal as an expert, who is acting under the 
control and direction of a counsel to whom conf idential information has been disclosed and who 
wishes access to some or all of the confidential information shall provide the Tribunal with a 
declaration and undertaking on the relevant Tri bunal form in respect of the use, disclosure, 
reproduction, protection and storage of the confidentia l information in the record of a proceeding, as 
well as that expert's disposal of the confidential in formation at the close of the proceeding or in the 
event of a change of expert. 
 
(4)  Any party or interested person may requ est, by way of notice of motion in accordance 
with rule 24, that the Tribunal not disclose some or  all of the confidential information to a counsel or 
expert.  
(5)  The Tribunal shall notify counsel, including counsel referred to in subrule (2), and the 
expert, if any, of its decision whether or not to  disclose the confidential information and on what 
terms and conditions such disclosur e would be made, and, in the case of a decision not to disclose the 
information, the Tribunal shall serve its decision in writing, with reasons, on the counsel and the 
expert. SOR/2000-139, s. 8. 
 
Filing and Communication of Confidential Information 
 
17.  Subject to any other provisions of these Ru les, confidential information shall be filed 
with the Tribunal and may be served only by the Tribunal. SOR/2000-139, s. 8. 
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Pre-hearing Conference 
 
18. (1) At the same time as giving a notice of a hearing to be held in any proceeding or at any 
time after the giving of that notice, the Tribunal may direct that all parties to the proceeding or their 
counsels appear before the Tribunal or before a memb er thereof or the Secretary, at a time and place 
fixed by the Tribunal, for a pre-hearing conferen ce for the purpose of making representations to the 
Tribunal or receiving guidance from the Tribunal with respect to any of the following matters that the Tribunal specifies:  
(a)  the clarification and simplification of issues; 
 
(b)  the procedure to be followed at the hearing; 
 (c)  the mutual exchange between parties to the proceeding of written submissions, 
exhibits and other material presented or to be presented to the Tribunal; 
 
(d)  the question of whether any written su bmission, other document or testimony 
presented or proposed to be presented to  the Tribunal contains confidential 
information; 
 
(e)  the question of the confidential informati on, if any, to which a person who is to 
appear on behalf of a party in the capacity of an expert on any matter should be given 
access; and 
 
(f)  any other matter that is relevant to the hearing. 
 
(2)  Counsel for any party to a proceeding may,  if notice of a hearing has been given in 
the proceeding, make a written request to the Tribuna l to direct that a pre-hearing conference be held 
to consider any matter referred in subrule (1).  
(3)  On receipt of a request referred to in s ubrule (2), the Tribunal may direct that a pre-
hearing conference be held if it determines that a pre-hearing conference would assist in the orderly 
conduct of the hearing.  
(4)  The Tribunal may conduct the pre-hearing conference in any manner that gives the 
parties or their counsel a fair opportunity to participate. SOR/2000-139, s. 9. 
 
(5)  [Repealed, SOR/2000-139, s. 9]  
Availability of Information 
 
19. (1) The Tribunal shall, prior to or at th e commencement of a hearing in a proceeding, 
make available to each party or the party's counsel a ll of the information that has been provided to the 
Tribunal for the purposes of the proceeding and th at has not been designated as confidential. 
 
(2)  The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, 
make all confidential information that has been  provided to the Tribunal for the purposes of the 
proceeding available to each counsel who has filed a Declaration and Undertaking and who has been 
granted access to the confidential information. 
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Subpoenas 
 
20. (1) The Tribunal may, on its own initiative or at the request of any party, summon before 
it by subpoena any person to attend a hearing and re quire that person to give evidence on oath or 
affirmation and to produce documents or other things. 
 
(2)  A party may obtain a subpoena by making a request on the relevant Tribunal form 
that sets out the name, address and telephone and fax numbers of the party and of the person to be 
subpoenaed. 
 
(3)  A subpoena shall be served on the witness personally and, at the time of service, an 
amount that is not less than the amount to whic h the witness would have been entitled as fees and 
allowances if the subpoena had been issued pursuant to Rule 333 of the Federal Court Rules  shall be 
paid or tendered to the witness. 
 
(4)  When a subpoena is served on a person, the original copy of the subpoena shall be 
filed with the Tribunal forthwith, together with proof of service on the person. SOR/2000-139, s. 10. 
 
Witnesses 
 
21. (1) Subject to section 34 of the Act and unless these Rules provide otherwise, witnesses at 
a hearing shall be examined orally on oath or a ffirmation and the examination may consist of direct 
examination, cross-examination and re-examination. SOR/2000-139, s. 11. 
 
(2) and (3) [Repealed, SOR/2000-139, s. 11] 
 
Experts 
 
22. (1) A party who intends to call an expert as a witness at a hearing shall, not less than 20 
days before the hearing, file with the Secretary an d serve on the other parties a report, signed by the 
expert, setting out the expert's name, address, qua lifications and area of expertise and a detailed 
outline of the expert's testimony. 
 
(2)  A party on whom a copy of a report has been served and who wishes to rebut with 
expert evidence any matter set out in the report sha ll, not less than 10 days before the hearing, file 
with the Secretary a statement setting out the evidence  to be introduced in rebuttal and serve a copy of 
the statement on the other parties. 
 
(3)  The report referred to in subrule (2) sh all be signed by the expert and set out the 
expert's name, address, qualifications and area of  expertise and a detailed outline of the expert's 
testimony. SOR/2000-139, s. 12. 
 
Hearings 
 
23. (1) Subject to subrule (2), all of the heari ngs at which the parties or their counsel may 
appear before the Tribunal are public.  
(2)  The Tribunal may hold a hearing or any part of one in camera , 
 (a)  on its own initiative or on the request of a party, for the purpose of receiving 
confidential information; or 
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(b)  on the request of a party in which the pa rty establishes that the circumstances justify 
an in camera hearing. 
 
(3)  When the Tribunal holds a hearing or part of one in camera , the hearing or part may 
be attended only by 
 
(a)  a person who is to present confidential information and anyone whom the person 
requests be permitted to attend; 
 
(b)  counsel for a party who has been gran ted access to confidential information under 
rule 16; 
 
(c)  officers or employees of the Tribunal who have been directed to attend; and 
 
(d)  any other person whom the Tribunal authorizes to attend. 
 (4)  A party who requires oral translation in any given language in order to participate in 
or have a witness testify at a hearing, other than at a hearing by way of written submissions, shall 
notify the Tribunal in writing of the requirement and of  the language of translation, at least 30 days 
before the hearing. 
 
(5)  The Tribunal may permit a party to provide their own oral translation in order to 
participate in or have a witness testify at a h earing, other than a hearing by way of written 
submissions, if the party makes a request in writing at least 30 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances. SOR/2000-
139, s. 12. 
 
Requests for Decision or Order 
 
23.1 (1) A party may make a request to the Tribunal for a decision or order on any matter that 
arises in the course of a proceeding, other than in r espect of a matter referred to in rule 33, 42 or 43. 
 
(2)  The party who makes the request shall serve a copy of it on the other parties at the 
same time as it is filed with the Tribunal. SOR/2000-139, s. 12. 
 
Notice of Motion 
 
24. (1) The Tribunal shall proceed by way of notice of motion if 
 
(a)  it decides not to proceed by way of written request under rule 23.1; or 
 (b)  these Rules so specify. 
 
(2)  A notice of motion shall be in writing and set out  (a)  a clear and concise statement of the facts, which must be accompanied by an affidavit 
if the Tribunal so directs; and 
 
(b)  the decision or order sought and the grounds for seeking it. 
 (3)  A notice of motion given by a party shall be filed with the Secretary and served on 
the parties not less than three days before the day fixed for the commencement of the hearing. 
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(4)  Any party who wishes to answer a notice of motion shall file a written answer with 
the Secretary and serve a copy of it on the other parties.  
(5)  Where a party wishes to submit a document in support of a notice of motion or 
answer, the document shall accompany the notice or answ er in question and the party shall file it with 
the Secretary and serve a copy of it on the other parties.  
(6)  Unless the Tribunal directs otherwise, a decision or order on a notice of motion shall 
be made in writing. 
 
(7)  Notwithstanding subrules (2) to (5), a notice of motion in connection with a matter 
that has not come to the attention of a party pr ior to the commencement of  a hearing may be given 
orally at the hearing and shall be disposed of in  accordance with such procedure as the Tribunal may 
direct. SOR/2000-139, s. 13.  
Late Filing 
 
24.1 (1) Except in the case of rule 33, if a party is unable or fails to file a notice, statement, 
report, subpoena, brief, response to a questionnair e or other document within the applicable time 
limit, the party may make a written request to the Tribunal for permission to file that document. 
 
(2)  A request under subrule (1) shall be made by filing the request and eight copies of it. 
 
(3)  The request must set out  
(a)  the relevance of the document; and 
 (b)  the reasons why the document was not filed on time and why it should be accepted. 
 (4)  The Tribunal may allow the document to be f iled, in whole or in part, if it determines 
that to do so is fair and equitable in the circumstances. 
 
(5)  The Tribunal shall notify the parties of its decision under subrule (4). SOR/2000-139, 
s. 14. 
 
Type of Hearing 
 
25. Unless otherwise required by these Rules, the Tribunal may decide to proceed by 
 
(a)  way of a hearing at which the parties or their counsel appear before the Tribunal; 
 
(b)  way of electronic hearing; 
 
(c)  way of a hearing by way of written submissions; or 
 (d)  any combination of the ways referred to in paragraphs ( a) to ( c). SOR/2000-139, s. 
14. 
 
Hearing by Way of Written Submissions 
 
25.1 When the Tribunal decides to hold a hearing by way of written submissions, the Tribunal 
shall publish a notice to that effect and may 
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(a)  dispose of the matter on the basis of the written documentation before it; 
 (b)  require further information to be furnished by any party; and 
 
(c)  invite submissions from any party or an y person who may have an interest in the 
matter. SOR/2000-139, s. 14. 
 
Electronic Hearing 
 
25.2  When the Tribunal decides to proceed by way of an electronic hearing, the Tribunal 
shall publish in the Canada Gazette  a notice of hearing and send a copy to the known parties before 
the hearing. SOR/2000-139, s. 14. 
 
Postponements and Adjournments of Hearings 
 
26. (1) The Tribunal may, on its own initiative or  on the request of a party, postpone or 
adjourn a hearing, and, in determining whether to  grant the request, the Tribunal shall consider, in 
addition to any other relevant factors, whether a sim ilar issue is being consider ed before another court 
whose determination could impact on the matter be ing heard, whether any prejudice would result if 
the postponement or adjournment were granted or not granted and whether a postponement or 
adjournment would unreasonably de lay or impede the proceedings. 
 
(2)  A request for a postponement shall be ma de at least 10 days before the hearing and 
shall set out the reasons for the postponement. 
 
(3)  The Tribunal shall notify the parties of its decision under subrule (1). SOR/2000-139, 
s. 14. 
 
Communication of Information 
 
[SOR/2000-139, s. 15(F); SOR/2002-402, s. 1(F)] 
 
27.  Any person who wishes to communicate with  the Tribunal, to obtain information in 
respect of the procedure followed by the Tribunal, or to inspect documents, exhibits or other material 
provided to the Tribunal, shall apply to the Secretary. 
 
Decisions, Orders or Findings of the Tribunal 
 
28. (1) If the Tribunal makes a decision, declara tion, determination, recommendation, order, 
finding or other ruling in a proceeding, the Secretary shall, forthwith after it is made, send, subject to 
paragraph 43(2)( a), subparagraphs 76.01(6)( a)(i) and 76.02(5)( a)(i) and subsections 76.03(5) and (6) 
of the Special Import Measures Act , a copy of it, to each party and to each person who was provided 
with a notice of commencement of the proceeding. 
 
(2)  The Secretary shall, forthwith after th e making of a decision, declaration, order, 
finding or other final ruling by the Tribunal in a proceeding, cause a notice thereof to be published in the Canada Gazette . 
 
(3)  If the Secretary is required by paragraph 43(2)( b), subparagraph 76.01(6)( a)(ii) or 
76.02(5)( a)(ii) or subsection 76.03(5) of the Special Import Measures Act
 to send a copy of the 
reasons for making an order or finding in a procee ding to the persons specified in subsection 43(2), 
paragraph 76.01(6)( a) or 76.02(5)( a) or subsection 76.03(5) or (6) of that Act, as the case may be, the G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 238 
 
 Secretary shall also send a copy of the reasons to  every other person who was provided with a notice 
of commencement of the proceeding. SOR/2000-139, s. 16. 
 
Failure to Comply 
 
29.  Where a party to a proceeding has not  met any requirement of these Rules or 
complied with any order or direction issued by the Tribunal, the Tribunal may  
(a)  stay the proceeding until it is satisfied that the requirement has been met or the order 
or direction has been complied with; 
 (b)  decide the matter in issue on the basi s of the information on the record; or 
 (c)  make any order that it considers just a nd equitable in the circumstances, including a 
dismissal order. SOR/2000-139, s. 17. 
 
 
PART II 
 
PROCEDURE FOR APPEALS 
 
Application 
 
 
30.  This Part applies to proceedings in respect of 
 
(a)  an appeal from an assessment, reassessment, rejection, decision or determination of 
the Minister of National Revenue or from a decision or re-determination of the Commissioner, as the case may be, pursuant to 
 
(i)  section 67 of the Customs Act , 
 
(ii)  section 61 of the Special Import Measures Act , 
 (iii)  sections 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act , 
 
(iv)  section 18 of the Softwood Lumber Products  Export Charge Act , and 
 (v)  sections 13 or 63 of the Energy Administration Act ; and 
 
(b)  with such modifications as the circumstances require, a re-hearing under 
subsection 68(2) of the Customs Act  or paragraph 62(2)( b) of the Special Import 
Measures Act  and a reference under section 70 of the Customs Act  as if they were an 
appeal. SOR/2000-139, s. 18. 
 
Commencement of Appeal 
 
31. (1) An appeal to the Tribunal shall be  commenced by filing a notice of appeal 
 
(a)  with the Commissioner and the Secretar y, in the case of an appeal under the Customs 
Act or the Special Import Measures Act ; or 
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(b)  with the Secretary, in the case of an appeal under the Excise Tax Act , the Softwood 
Lumber Products Export Charge Act  or the Energy Administration Act . 
 (2)  The notice of appeal shall be accompanie d by a copy of the assessment, reassessment, 
rejection, decision, determination or re-determination, as the case may be, from which the appeal is 
launched.  
(3)  If the notice of appeal is filed by mail, the date of filing is the earliest postal date 
appearing on the envelope containing the document, a nd, in the absence of a proof of mailing, the date 
of filing is the date on which the document is r eceived by the Tribunal, as evidenced by the date 
stamped on the document by the Secretary. SOR/2000-139, s. 19. 
 
Sending of Notice of Appeal 
 
32.  Except in the case referred to in section 81.25 of the Excise Tax Act , the Secretary 
shall, forthwith after the filing of a Notice of App eal pursuant to rule 31, send to the respondent, by 
hand or registered mail, a copy of the Notice. 
 
Extension of Time for Objection or Appeal under the Excise Tax Act 
 
33.  An application referred to in section 81.32 of the Excise Tax Act  for an extension of 
time for the serving of a notice of objection or for the institution of an appeal may be made on the relevant Tribunal form. SOR/2000-139, s. 20. 
 
Brief 
 
34. (1) The appellant shall, within 60 days afte r filing a notice of appeal under rule 31, file 
with the Secretary a brief prepared  in accordance with subrules (2) and (3) and, subject to rule 17, 
forthwith serve a copy of the brief on the respondent.  
(2)  A brief referred to in subrule (1) shall 
 
(a)  be dated and signed by the appellant or by the appellant's counsel, if any; 
 (b)  be divided into paragraphs that ar e numbered consecutively and that set out 
 
(i)  a concise statement of the grounds for appeal and of the material facts 
relevant to each ground, 
 
(ii)  a description of the goods in issue,  (iii)  a concise statement of points in issue between the parties, 
 
(iv)  the statutory provisions relied on,  (v)  a brief statement of argument to be made at the hearing, and  
(vi)  the nature of the decision, order, finding or declaration sought; 
 
(c)  include a table of authorities on which th e appellant intends to rely and a copy of 
those authorities that are reasonably n ecessary in the presentation of the appeal; 
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(d)  include a copy of any document that may be useful in explaining or supporting the 
appeal and any other information relating to the appeal that the Tribunal requires; and 
 
(e)  contain the name, address for service, te lephone number and fax number, if any, of 
the appellant and of the appellant's counsel, if any. 
 (3)  An appellant who intends to rely at the hearing  (a)  on any documents or authorities that were not previously filed with the Tribunal as 
part of a brief shall, not less than 10 days  before the hearing, file them with the 
Secretary, and subject to rule 17, serve them on the other parties; and 
 
(b)  on any physical exhibit shall, not less that 10 days before the hearing, file it with the 
Secretary and notify the other parties of the filing. SOR/2000-139, s. 21. 
 
Response 
 
35. (1) The respondent shall, within 60 days af ter the service of the appellant's brief under 
rule 34, file with the Secretary a response prep ared in accordance with subrules (2) and (3) and, 
subject to rule 17, forthwith serve a copy of the brief on the appellant. 
 
(2)  A response referred to in subrule (1) shall  (a)  be dated and signed by the respondent  or the respondent's counsel, if any; 
 
(b)  be divided into paragraphs that ar e numbered consecutively and that set out 
 
(i)  a concise statement of the grounds on which the appeal is opposed and of the 
material facts relevant to each ground, 
 (ii)  an admission or denial of each ground, and of each of the material facts 
relevant to each ground, set out in the appellant's brief, 
 
(iii)  the issues to be decided,  (iv)  the statutory provisions relied on, 
 
(v)  a brief statement of argument to be made at the hearing, and  (vi)  the relief sought;  
(c)  include a table of authorities on which the respondent intends to rely and a copy of 
those authorities that are reasonably n ecessary in the presentation of the appeal; 
 
(d)  include a copy of any document that may be useful in explaining or supporting the 
appeal and any other information relating to the appeal that the Tribunal requires; and 
 
(e)  contain the name, address for service, te lephone number and fax number, if any, of 
the respondent and of the respondent's counsel, if any. 
 
(3)  A respondent who intends to rely at the hearing 
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(a)  on any documents or authorities that were not previously filed with the Tribunal as 
part of a response shall, not less than 10 days  before the hearing, file them with the 
Secretary and, subject to rule 17, serve them on the other parties; and 
 
(b)  on any physical exhibit shall, not less than 10 days before the hearing, file it with the 
Secretary and notify the other parties of the filing. SOR/2000-139, s. 22. 
 
Written Submission and Documentary Evidence 
 
36.  The Tribunal may, at any time, direct a party to file with the Tribunal any written 
submissions, documents or evidence rela ting to an appeal. SOR/2000-139, s. 23. 
 
Hearing by Way of Written Submissions 
 
36.1  If, on the Tribunal's own initiative or on the written request of a party, the Tribunal 
decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice of hearing in the Canada Gazette  that 
 
(a)  includes the manner and time for the filing of briefs by the parties; and 
 
(b)  if appropriate, requires the appellant and r espondent to file an agreed statement of any 
relevant facts. SOR/2000-139, s. 23. 
 
Time for Hearing 
 
37.  Where an appeal is to be disposed of by  means of a hearing, the Tribunal shall fix a 
date for the hearing of the appeal. 
 
Notice of Hearing 
 
38.  When the Tribunal has fixed the date for a hearing, the Secretary shall notify, in 
writing, all of the parties to the appeal and their counsel. SOR/2000-139, s. 24. 
 
Notice of Intervention in an Appeal under the Cu stoms Act or the Special Import Measures Act 
 
39.  An appearance referred to in subsection 67(2) of the Customs Act  or subsection 61(2) 
of the Special Import Measures Act  may be made by filing with the Secretary a notice of intervention 
on the relevant Tribunal form. SOR/2000-139, s. 24. 
 
Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act 
 
40.  An intervention referred to in subsection 81.33(9) of the Excise Tax Act  may be made 
by filing with the Secretary a notice of interven tion on the relevant Tribunal form. SOR/2000-139, s. 
24. 
 
Notice of Intervention 
 
40.1  A person who files a notice of intervention referred to in rule 39 or 40 shall specify 
 
(a)  the nature of their interest in the appeal; 
 (b) the reason why their intervention is necessary; 
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(c)  how the person may assist the Tribunal in the resolution of the appeal; and 
 
(d)  any other relevant matters. SOR/2000-139, s. 24. 
 
Party Added 
 
41. (1) If a person has filed a notice of intervention under rule 39 or 40 and the Tribunal 
determines that, in the interests of fairness and e quity, the parties to the appeal should be given an 
opportunity to make representations in respect of th e intervention, the Secretary shall serve a copy of 
the notice on every person who is a party when the notice is filed. 
 
(2)  If the Tribunal determines that the person referred to in subrule (1) shall be added as 
an intervener, the Secretary shall send a written notice to  that effect to the other parties to the appeal. 
 
(3)  Subject to subrule 19(2), each person or vendor added as a party to an appeal is 
entitled to receive from the Secretary copies of all of  the documents that were filed by each party to 
the appeal prior to the day the person or vendor was added as a party.  
(4)  Subject to rule 17, each party to the a ppeal shall serve on the person or vendor added 
as a party thereto a copy of all of the documents serv ed by that party on other parties to the appeal on 
or after the day the person or vendor  is added. SOR/2000-139, s. 25. 
 
Intervention under Section 81.34 of the Excise Tax Act 
 
42. (1) An application referred to in subsection 81.34(1) of the Excise Tax Act  for an order 
permitting a person to intervene in an appeal may be made on the relevant Tribunal form. 
 
(2)  A party served with a copy of an application made under subrule (1) may, within 14 
days after that service or within such greater or le sser time as the Tribunal may direct, file with the 
Secretary a response to the application dealing with  the facts raised in th e application and stating 
whether a hearing should be held to determine the application. 
 
(3)  Where a party files a response in acco rdance with subrule (2), the party shall 
forthwith serve a copy thereof on the appli cant and on each other party to the appeal. 
 (4)  The Tribunal may dispose of an application made under subrule (1) on the basis of 
the written documentation or may hear it at the beginni ng of the hearing of the appeal or at such time 
and place as is fixed by the Tribunal including, if any pre-hearing conference is directed to be held in 
connection with the appeal, at the pre-hearing conference.  
(5)  Where the Tribunal directs that a hearing be held to hear an application referred to in 
subrule (1), the Secretary shall send to the applicant and to each of the parties to the appeal a notice of 
the time and place of the hearing of the application. 
 
(6)  Where an order permitting an applicant to  intervene in an appeal is made by the 
Tribunal under section 81.34 of the Excise Tax Act  
 
(a)  a copy of the order shall be sent by th e Secretary to each party to the appeal; 
 (b)  subject to subrule 19(2), the person permitte d to intervene is entitled to receive from 
the Secretary copies of all of the documents that were filed by each party to the appeal prior to the day the order is made; and 
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(c)  subject to rule 17, each party to the appeal shall serve on the person permitted to 
intervene copies of all of the documents serv ed by that party on other parties to the 
appeal on or after the day the order is made. SOR/2000-139, s. 26. 
 
Assistance under Subsection 81.34(2) of the Excise Tax Act 
 
43.  An application referred to in subsection 81.34(2) of the Excise Tax Act  for an order 
permitting a person to render assistance to the Tribunal  by way of argument in an appeal may be made 
on the relevant Tribunal form. SOR/2000-139, s. 27.  
Discontinuance 
 
44.  A party who instituted an appeal ma y, on or before the day fixed for the 
commencement of the hearing of the appeal, discon tinue the appeal by filing with the Secretary a 
notice of discontinuance on the relevant Tribunal form and by serving forthwith a copy of it on the 
other parties to the appeal. SOR/2000-139, s. 27. 
 
Decision by Consent 
 
45.  Except in an appeal under section 67 of the Customs Act  or section 61 of the Special 
Import Measures Act , where all of the parties to an appeal agree, in a written consent signed by those 
parties and filed with the Secretary, to a decision disposing of the appeal in whole or in part by the Tribunal, the Tribunal may  
(a)  dispose of the appeal in accordance w ith the consent without an oral hearing; 
 
(b)  direct that the appeal be heard in whole or in part; or 
 (c)  direct that written representations be filed. 
 
Failure to Appear 
 
46.  Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, 
dismiss the appeal or give such other direction as is just. 
 
Re-hearing under Subsection 68(2) of the Customs Act or 
Paragraph 62(2)(b) of the Special Import Measures Act 
 
47. (1) When a matter is referred back to the Tribunal by the Federal Court for re-hearing 
under subsection 68(2) of the Customs Act  or for re-hearing under paragraph 62(2)( b) of the Special 
Import Measures Act , the Secretary shall forthwith cause to be published in the Canada Gazette  a 
notice of re-hearing that sets out the following information: 
 
(a)  the subject-matter of the re-hearing; 
 
(b)  the statutory authority for and the circ umstances leading to the re-hearing; and 
 
(c)  any other information that is relevant to the re-hearing that the Tribunal specifies. 
 
(2)  The Secretary shall send a copy of the noti ce referred to in subrule (1) to each party to 
the appeal.  G/ADP/N/1/CAN/4 
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(3)  After the publication of the notice referred to in subrule (1), the Tribunal may fix a 
time and place for a pre-hearing conference for the purpose of deciding the following matters: 
 
(a)  the issues to be addressed in the re-hearing; 
 
(b)  the record of the re-hearing; 
 (c)  the introduction of new evidence, the calling of witnesses and the filing of any written 
submissions; 
 
(d) the date of the re-hearing; and 
 (e)  any other matter respecting the procedure to be followed in the re-hearing that would 
aid in its orderly conduct. SOR/2000-139, s. 28. 
  
PART III 
 
REFERENCES UNDER SUBSECTION 33(2) OF THE  
SPECIAL IMPORT MEASURES ACT 
 
Application 
 
48.  This Part applies to a reference made to the Tribunal under subsection 33(2) of the 
Special Import Measures Act . SOR/2000-139, s. 28. 
 
Notice of Reference 
 
49.  A reference shall be made by filing with  the Tribunal written notice of the reference 
of the question to the Tribunal. 
 
Sending of Notice to the Commissioner 
 
50.  Where a reference is made by a gove rnment or by a person other than the 
Commissioner, the Secretary shall forthwith give to the Commissioner written notice of the reference 
of the question to the Tribunal. SOR/2000-139, s. 29.  
Information to be Filed by the Commissioner 
 
51.  Where a reference is made in relation to any matter before the Commissioner, the 
Commissioner shall file with the Tribunal  
(a)  any written complaint made to the Commissioner pursuant to subsection 31(1) of the 
Special Import Measures Act  in relation to that matter; 
 (b)  all information and material relating to that matter that was in the possession of the 
Commissioner when the Commissioner made th e decision or reached the conclusion 
as a result of which the question was referred to the Tribunal; and 
 
(c)  a list of the names and addresses of all persons and governments that, pursuant to that 
Act, were given notice of the decision or  conclusion of the Commissioner as a result 
of which the question was referred to the Tribunal. SOR/2000-139, s. 29. 
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Advice 
 
52. (1) The Tribunal shall render its advice on a re ference in writing and give reasons for its 
advice. 
 
(2)  Where the Tribunal has rendered its advi ce, the Secretary shall forthwith send a copy 
of the advice to the Commissioner and to every person and government named in the list referred to in 
paragraph 51( c). 
 
(3)  If the Tribunal terminates a proceeding under paragraph 35.1(1)( b) or, if applicable, 
35.1(1)( c) of the Special Import Measures Act , the Secretary shall give noti ce of the termination to the 
Commissioner and to every person and government named in the list referred to in paragraph 51( c).  
 SOR/97-325, s. 1; SOR/2000-139, s. 30.   
PART III.1 
 
PRELIMINARY INQUIRIES UNDER SUBSECTION 34(2) OF  
THE SPECIAL IMPORT MEASURES ACT 
 
Application 
 
52.1  This Part applies to a preliminary injury inquiry conducted by the Tribunal under 
subsection 34(2) of the Special Import Measures Act  as a consequence of the receipt by the Secretary 
of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods.  
 SOR/2000-139, s. 31. 
 
Notice of Commencement of Preliminary Inquiry 
 
52.2  When a notice of initiation of an investiga tion of dumping or subsidizing is filed with 
the Secretary, the Secretary shall fo rthwith cause to be published in the Canada Gazette  a notice of 
commencement of a preliminary inquiry that sets out the following information:  
(a)  the statutory authority for the inquiry; 
 
(b)  the subject-matter of the inquiry; 
 (c)  the date on or before which an interested  party must file a notice of participation; 
 (d)  the date on or before which counsel for an interested party must file a notice of 
representation and, if appropriate, a declara tion and undertaking referred to in subrule 
16(1) or (2); 
 
(e)  the date on or before which any written submissions must be filed; 
 
(f)  the number of copies of each written submission that must be filed; 
 (g) instructions with respect to the filing of confidential information; 
 (h)  the address to which written submissions or correspondence may be sent or delivered 
and at which information in respect of th e preliminary inquiry may be obtained; and G/ADP/N/1/CAN/4 
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(i)  any other information that is relevant  to the preliminary injury inquiry that 
the Tribunal specifies. SOR/2000-139, s. 31. 
 
Sending of a Notice of Commencement of Preliminary Inquiry 
 
52.3  The Secretary shall send a copy of a noti ce of commencement of preliminary inquiry 
referred to in rule 52.2 to  
(a)  the Commissioner; 
 (b)  all of the persons known to the Tr ibunal to be interested parties; and 
 (c)  the government of any country from which goods in respect of which the initiation of 
a dumping or subsidizing investigation was made were exported to Canada. 
SOR/2000-139, s. 31. 
 
Information to be Filed by the Commissioner 
 
52.4  When the Commissioner causes an inves tigation to be initiated respecting the 
dumping or subsidizing of goods under section 31 of the  Special Import Measures Act , the 
Commissioner shall cause to be filed with the Secretar y, in addition to the notice required to be given 
under paragraph 34(1)( a) of that Act, 
 
(a)  a copy of the Commissioner's statement of reasons for initiating the investigation; 
 
(b)  a copy of both the public and, if ap plicable, confidential version of the written 
complaint made to the Commissioner under subsection 31(1) of the Special Import 
Measures Act ; and 
 
(c)  any other relevant information that has been taken into consideration by the 
Commissioner. SOR/2000-139, s. 31; SOR/2002-402, s. 2(E). 
 52.5  When the Tribunal terminates a proceeding under paragraph 35.1(1)( b) of the Special 
Import Measures Act , the Secretary shall give notice of the termination to the Commissioner and to 
every person and government referred to in rule 52.3. SOR/2000-139, s. 31. 
  
PART IV 
 
INQUIRIES UNDER SECTION 42 OF THE SPECIAL IMPORT MEASURES ACT 
 
Application 
 
53.  This Part applies to an inquiry in respect of injury or retardation or threat of injury, 
made by the Tribunal under section 42 of the Special Import Measures Act  as a consequence of the 
receipt by the Secretary of a notice of a preliminary determination of dumping or subsidizing in 
respect of goods. SOR/2000-139, s. 32. 
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Notice of Commencement of Inquiry 
 
54.  If a notice of a preliminary determination of dumping or subsidizi ng is filed with the 
Secretary under the Special Import Measures Act , the Secretary shall forthwith cause to be published 
in the Canada Gazette  a notice of commencement of inquiry that sets out the following information: 
 
(a)  the statutory authority for the inquiry; 
 (b)  the subject-matter of the inquiry, together  with any other relevant details of the 
inquiry that the Tribunal directs; 
 
(c)  the date on or before which an interested  party must file a notice of participation; 
 
(d)  the date on or before which counsel for an interested party must file a notice of 
representation and, if appropriate, a decl aration and undertaking referred to in 
subrule 16(1) or (2); 
 (e)  the date on or before which an interest ed person may file written representations 
under subsection 45(6) of that Act; 
 
(f)  the date on or before which any written submissions must be filed; 
 (g)  the number of copies of each written submission that must be filed; 
 (h)  instructions with respect to the filing of confidential information; 
 
(i)  the address to which written submissions or correspondence may be sent or delivered 
and at which information in respect of the inquiry may be obtained; 
 
(j)  the place and time fixed for the commencement of a hearing in the inquiry; and 
 
(k)  any other information that is relevant to the inquiry that the Tribunal specifies. 
SOR/2000-139, s. 32; SOR/2002-402, s. 3(E). 
 
Sending of a Notice of Commencement of Inquiry 
 
55.  The Secretary shall send a copy of a notice of commencement of inquiry referred to 
in rule 54 to  
(a)  the Commissioner; 
 (b)  all of the persons known by the Tribunal to be interested parties; and 
 
(c)  the government of any country from which goods in respect of which the preliminary 
determination was made were exported to Canada . SOR/2000-139, s. 32. 
 
Information to be Filed by the Co mmissioner--Preliminary Determination 
 
56.  Where the Commissioner makes a preliminary determination of dumping or 
subsidizing with respect to goo ds pursuant to section 38 of the Special Import Measures Act
, the 
Commissioner shall cause to be filed with the Secretar y, in addition to the written notice referred to in 
paragraph 38(3)( b) of that Act, the following materials: 
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(a)  a copy of the preliminary determination; 
 (b)  a detailed statement of all estimates and of  all things specified by the Commissioner 
pursuant to paragraph 38(1)( a) or ( b) of that Act; 
 
(c)  a document that contains information with respect to 
 
(i)  domestic producers, importers into Canada and exporters to Canada of such 
goods who are known to the Commissioner, and 
 
(ii)  the volume of the goods imported in to Canada and the proportion of those 
goods found by the Commissioner to be dumped or subsidized; and 
 
(d)  such other materials that contain informati on with respect to any matter referred to in 
any of paragraphs ( a) to ( c) as is in the Commissioner's possession and as the 
Tribunal may from time to time request. SOR/2000-139, s. 32. 
 
Information to be Filed by the Commissioner--Final Determination 
 
57.  Where the Commissioner makes final determ ination of dumping or subsidizing with 
respect to goods pursuant to section 41 of the Special Import Measures Act , the Commissioner shall 
cause to be filed with the Secretary, in addition to the written notice referred to  in subsection 41(3) of 
that Act, the following materials:  
(a)  a copy of the final determination; 
 
(b)  a detailed statement of all estimates and of  all things specified by the Commissioner 
pursuant to subsection 41(1) of that Act; 
 
(c)  a document that contains information with respect to 
 
(i)  domestic producers, importers into Canada and exporters to Canada of such 
goods who are known to the Commissioner, and 
 
(ii)  the volume of the goods imported in to Canada and the proportion of those 
goods found by the Commissioner to be dumped or subsidized; and 
 
(d)  such other materials that contain informati on with respect to any matter referred to in 
any of paragraphs ( a) to ( c) as is in the Commissioner's possession and as the 
Tribunal may from time to time request. SOR/2000-139, s. 32; SOR/2002-402, s. 4(E). 
 
Information to be Provided by the Secretary 
 
58.  In any inquiry, the Secretary shall, forthwith after expiration of the date on or before 
which interested parties or counsel for the inte rested parties are required to file a Notice of 
Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that 
party, with the following information: 
 
(a)  the names and addresses of all parties to the inquiry and their counsel, if any; 
 (b)  the codes assigned to the parties' exhibits; and 
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(c)  the procedure for the filing of documents. 
 
Availability of Information 
 
59.  In an inquiry, the Secretary shall, after the expiry of the date on or before which 
interested parties are required to file a notice of pa rticipation, make available, in the manner that the 
Tribunal directs,  
(a)  to each counsel who has filed a decl aration and undertaking referred to in 
subrule 16(1) or (2) and who has been gran ted access to the confidential information, 
all of the confidential information provid ed to the Tribunal for the purposes of the 
inquiry; and 
 
(b)  to all counsel and to any party who is not represented by counsel, all of the 
information provided to the Tribunal for the purposes of the inquiry that has not been 
designated as confidential. SOR/2000-139, s. 33. 
 
Written Submissions and Documentary Evidence 
 
60. (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, 
on or before a date fixed by the Tribunal, the following material: 
 
(a)  written submissions, documents or  evidence relating to the inquiry; 
 (b)  a statement of the evidence adduced or to be adduced by the party; and 
 
(c)  a description of any exhibit in other than  documentary form that the party intends to 
adduce at the inquiry. 
 
(2)  In the case of an inquiry under section 31 of the Special Import Measures Act,  the 
date fixed for the filing of the material referred to in subrule (1) by any party other than the 
complainant or other person referred to in that sect ion shall be later than the date fixed under that 
subrule for the filing of the material by the co mplainant or other person. SOR/2000-139, s. 33. 
 
Information to be Provided by Parties 
 
61.  In considering an issue of injury or retard ation or threat of inju ry, the Tribunal may at 
any time direct a party to an inquiry to produce in formation that relates to the factors prescribed by 
section 37.1 of the Special Import Measures Regulations . SOR/2000-139, s. 33. 
 
Request for Information 
 
61.1 (1) In this rule, a request for informa tion includes a request for the production of a 
document.  
(2)  A party may direct a request for information to any other party.  
(3)  A party that makes a request for informa tion shall file the request with the Tribunal 
and serve it on the other parties within any time that  the considerations of fairness and efficiency 
permit and that the Tribunal may direct.  
(4)  A request for information shall 
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(a)  be in writing; 
 
(b)  set out the name of the party to whom it is addressed; 
 
(c)  number each request for information consecutively; 
 (d)  explain how the request is relevant or necessary to the proceeding; and 
 
(e)  be dated. 
 
(5)  If the party to whom the request is a ddressed refuses to give some or all of the 
information requested, that party must, within an y time that the considerations of fairness and 
efficiency permit and that the Tribunal may direct,  
(a)  if the party contends that some or all of  the information requested is not relevant or 
necessary, give reasons in support of that contention; 
 (b)  if the party contends that some or all of  the information requested is not available, 
give reasons for its unavailability and provi de any other available information or 
documents that are of the same nature and to the same effect as the requested 
information; and 
 
(c)  if the party makes any other contenti on, including a contention based on criteria 
referred to in paragraphs (7)( c) to ( f), give reasons in support of that contention. 
 
(6)  The Tribunal may, on its own initiative or on the request of a party, refuse the request 
or grant all or part of it on the basis of criteria set out in subrule (7).  
(7)  For the purpose of subrule (6), the Tribunal shall take the following criteria into 
account:  
(a)  the relevance and necessity of the information requested; 
 (b)  any contentions referred to in subrule (5); 
 (c)  the sufficiency of the info rmation already on the record; 
 
(d)  the availability of the information from other sources; 
 (e)  the ability or inability of the party to respond; and 
 (f)  any other matter relevant to the request. 
 
(8)  If the Tribunal orders the party to whom the request is addressed to provide some or 
all of the information requested, the party shall, with in any time that the considerations of fairness and 
efficiency permit and that the Tribunal may direct,  
(a)  serve on the other party 
 
(i)  a full and adequate response, in writing, for each question in the request, 
 
(ii)  a signed declaration that the responses are complete and correct to the best of 
the information and belief of the party providing the response, and  G/ADP/N/1/CAN/4 
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(iii) the information requested, or copies of it; and  (b)  file with the Tribunal copies of the responses and information in the number that the 
Secretary indicates are necessary for the Tribunal and the interested parties. 
 
(9)  A party to whom a request for informati on is directed complies with the order of the 
Tribunal if the party indicates to the other party whic h of its records contain the relevant information 
and 
 
(a)  the party specifies in sufficient deta il where the information may be found; 
 (b)  the burden of obtaining the information is substantially the same for either party; and 
 
(c)  the party directing the request is given a reasonable opportunity to examine the 
records and make copies or summaries of them. 
 (10)  If a party files a response or documents that contain confidential information, the 
party who provides the confidential information sha ll, within any time that the considerations of 
fairness and efficiency permit and that the Tribuna l may direct, file a non-confidential edited version 
or a non-confidential summary of the res ponse in accordance with paragraph 46(1)( b) of the Act. 
 
(11)  If a party to whom a request for inform ation is directed does not comply with this 
rule, the party who directed the request for informa tion may request the Tribunal to order compliance.  
 
SOR/2000-139, s. 33; SOR/2002-402, s. 5(F). 
 
Notice of Matters Arising 
 
61.2 (1) A party who wishes to have supplemen tary information relating to submissions, 
evidence and responses to requests for information th at are filed with the Tribunal by another party 
shall serve a notice on all of the parties before th e start of a hearing, within the period that the 
Tribunal may direct, to have the other party an swer questions or provide documents or other 
information at the hearing concerning the matters arising from the material filed. 
 
(2)  A party who makes a request sha ll file the notice with the Tribunal. 
 
(3)  The notice shall  (a)  be in writing; 
 (b)  identify the party who will be required to answer questions or bring specified 
documents or information; 
 
(c)  number each matter consecutively; 
 (d)  specify the information or documents requ ested, with an explanation of how they are 
relevant or necessary to the proceeding; and 
 
(e)  be dated. 
 
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(4)  The Tribunal shall notify the parties in writing on which matters they must be 
prepared to answer questions at the hearing and speci fy which documents, if any, that they must be 
prepared to bring with them to the hearing. SOR/2000-139, s. 33. 
 
Information to be Filed by the Secretary -- Advi ce under Section 46 of Special Import Measures Act 
 
62.  When the Tribunal advises the Commissioner under section 46 of the Special Import 
Measures Act, the Secretary shall cause to be filed with the Commissi oner, in addition to the written 
notice referred to in that section, a copy of th e information relied on by the Tribunal in giving its 
advice. SOR/2000-139, s. 33. 
 
63.  [Repealed, SOR/2000-139, s. 33] 
 
 
PART V 
 
RECOMMENCEMENT OF INQUIRY UNDER SECTION 44 OF 
THE SPECIAL IMPORT MEASURES ACT 
 
Application 
 
64.  This Part applies to the recommencement of an inquiry made by the Tribunal under 
paragraph 44(1)( a) or ( b) of the Special Import Measures Act  where, pursuant to an application for 
judicial review under the Federal Court Act  or an application under section 96.1 of the Special Import 
Measures Act , an order or finding of the Tribunal is set asid e or is set aside in relation to particular 
goods. 
 
Notice of Recommencement of Inquiry 
 
65.  Where an inquiry is recommenced pursuant to subsection 44(1) of the Special Import 
Measures Act , the Secretary shall forthwith cause to be published in the Canada Gazette  a notice of 
recommencement of inquiry setting out, with such  modifications as the circumstances require, the 
same information as is refe rred to in paragraphs 54( a) to ( k). 
 
Sending of Notice 
 
66.  The Secretary shall forthwith send a co py of the notice of recommencement of 
inquiry referred to in rule 65 to the pe rsons referred to in paragraph 44(2)( a) of the Special Import 
Measures Act . SOR/2000-139, s. 34. 
 
Written Submission 
 
67.  Where an order or finding of the Tribunal is  set aside or is set aside in relation to 
particular goods pursuant to an application for judicial review under the Federal Court Act  or an 
application under section 96.1 of the Special Import Measures Act  but the matter is not referred back 
to the Tribunal for determination, any person inte rested in making any written submission on the 
question of whether the Tribunal should recommence the inquiry in accordance with 
paragraph 44(1)( b) of the 
Special Import Measures Act  shall file a submission within 21 days after the 
final disposition of the application. 
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Application of Part IV 
 
68.  Subject to any direction or order of the Tribunal, Part IV applies, with such 
modifications as the circumstances require, to a recommencement of an inquiry.   
PART V.1 
 
PUBLIC INTEREST INQUIRY UNDER SECTION 45 OF 
THE SPECIAL IMPORT MEASURES ACT 
 
Notice of Commencement of Inquiry 
 
68.1 (1) If a public interest inquiry is initiated arising out of a finding of injury as a result of 
an inquiry referred to in section 42 of the Special Import Measures Act , the Secretary shall forthwith 
cause to be published in the Canada Gazette  a notice of commencement of inquiry that sets out the 
following information:  
(a)  the statutory authority for the inquiry; 
 
(b)  the subject-matter of the inquiry, together  with any other relevant details of the 
inquiry that the Tribunal directs; 
 
(c)  the date on or before which an interested party or interested person must file a notice 
of participation; 
 
(d)  the date on or before which counsel for an  interested party or interested person, if 
any, must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); 
 
(e)  the date on or before which any written submissions must be filed; 
 
(f)  the number of copies of each written submission that must be filed; 
 (g)  instructions with respect to the filing of confidential information; 
 
(h)  the date, place and time fixed for the comme ncement of a hearing in the inquiry; and 
 
(i)  any other information that is rele vant to the inquiry that the Tribunal 
specifies. 
 
(2)  The Secretary shall send a copy of a notice of commencement of inquiry referred to 
in subrule (1) to 
 
(a)  the Commissioner; 
 (b)  all of the persons known by the Tribunal to be interested parties or interested persons; 
and 
 (c)  the government of any country from which goods in respect of which the final 
determination was made we re exported to Canada. SO R/2000-139, s. 35; SOR/2002-
402, s. 6(E). 
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Information to be Provided by the Secretary 
 
68.2  The Secretary shall, forthwith after the expiry of the date on or before which 
interested parties or interested persons are required to  file a notice of participation or counsel for them 
is required to file a notice of representation, provid e each counsel and, where an interested party or 
interested person is not represented by counsel, that interested party or interested person, with the 
following information:  
(a)  the names and addresses of all parties and interested persons to the inquiry and their 
counsel, if any; and 
 (b)  the procedure for the filing of documents. SOR/2000-139, s. 35. 
 
Written Submissions and Documentary Evidence 
 
68.3  The Tribunal may at any time direct any party or interested person to a public interest 
inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material: 
 
(a)  written submissions, documents or  evidence relating to the inquiry; 
 
(b)  a statement of the evidence adduced or to  be adduced by the party or interested 
person; and 
 (c)  a description of any exhibit in other th an documentary form that the party or 
interested person intends to adduce at the inquiry. SOR/2000-139, s. 35. 
 
Additional Information to be Provided  by Parties or Interested Persons 
 
68.4  The Tribunal may at any time direct a party or interested person to a public interest 
inquiry to produce any additional information that rela tes to any factors or that it considers relevant to 
the inquiry. SOR/2000-139, s. 35.   
PART VI 
 
REVIEWS UNDER SECTIONS 76.01, 76.02, 76.03 AND 76.1  
OF THE SPECIAL IMPORT MEASURES ACT 
 
Application 
 
69.  This Part applies in respect of a review of an order or finding by the Tribunal 
 
(a)  under subsection 76.01(1), 76.02(1) or 76.03(3) of the Special Import Measures Act , 
whether on the Tribunal's own initiative or at the request of the Commissioner or any other person or of any government; 
 
(b)  under subsection 76.02(3) of that Act, if the order or finding is referred back to the 
Tribunal under an order made by a pa nel under subsection 77.015(3) or (4), 
77.019(5), 77.15(3) or (4) or 77.19(4) of that Act; or 
 
(c)  under subsection 76.1(2) of that Act. SOR/2000-139, s. 36. 
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Review under Section 76.0 1 or 76.02 of the Special Import Measures Act 
 
70. (1) A request by a person to the Tribuna l for a review under subsection 76.01(1) or 
76.02(1) of the Special Import Measures Act  shall be filed with the Secretary and shall set out the 
following information: 
 
(a)  the name, address for service, telephone num ber and fax number, if any, of the person 
making the request and of their counsel, if any; 
 
(b)  the nature of their interest in the order or finding; 
 (c)  the grounds on which the person believes in itiation of the review is warranted and a 
statement of the facts on which the grounds are based; and 
 
(d)  the nature of the order or finding that  the person believes the Tribunal should make 
under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act  on 
completion of the review. 
 
(2)  On receipt of a properly documented request  referred to in subrule (1), the Tribunal 
shall inform each party to the inquiry or review that  resulted in the order or finding of its receipt of the 
request and shall give them an opportunity to ma ke representations to the Tribunal concerning the 
request. SOR/2000-139, s. 36. 
 
71. (1)  If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 
76.02(1) of the Special Import Measures Act , the Secretary shall forthwith cause to be published in 
the Canada Gazette  a notice of review that sets out the following information: 
 
(a)  the statutory authority for the review; 
 (b)  the subject-matter of the review, together w ith any other relevant details of the review 
that the Tribunal directs; 
 
(c)  the date on or before which an interested  party must file a notice of participation; 
 (d)  the date on or before which counsel for an interested party must file a notice of 
representation and, if appropriate, a decl aration and undertaking referred to in 
subrule 16(1) or (2); 
 (e)  the date on or before which any written submissions must be filed; 
 (f)  the number of copies of each written submission that must be filed; 
 
(g)  instructions with respect to the filing of confidential information; 
 (h) the address to which written submissions or  correspondence may be sent or delivered 
and at which information in respect of the review may be obtained; and 
 
(i
)  the place and time fixed for commencement of a hearing in the review. 
 
(2)  The Secretary shall send a copy of a notice of review to each person to whom and 
government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an i nquiry referred to in rule 53. SOR/2000-139, s. 36; 
SOR/2002-402, s. 7(E). G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 256 
 
 
 
72.  In order to decide whether an interim review under section 76.01 of the Special 
Import Measures Act  is warranted, the Tribunal may request the parties to provide information 
concerning 
 
(a)  whether changed circumstances or new facts have arisen since the making of the 
order or finding; 
 (b)  facts that were not put in evidence in the original proceedings and that were not 
discoverable by the exercise of reasonable diligence; and 
 
(c) any other matter that is relevant to the review. SOR/2000-139, s. 36. 
 73.  When the Tribunal makes an order or a finding under subsection 76.01(5) or 76.02(4) 
of the Special Import Measures Act , the Secretary shall 
 
(a)  send a copy of the order or finding and th e reasons for the decision to each party and 
to each person who was provided with the notice of review; and 
 
(b)  cause a notice of it to be published in the Canada Gazette  in accordance with the 
appropriate subsection of th at Act. SOR/2000-139, s. 36. 
 
Review under Section 76.03 of the Special Import Measures Act 
 
73.1 (1) When an order or a findi ng is deemed to be rescinded on the expiry of a five-year 
period in accordance with subsection 76.03(1) of the Special Import Measures Act , the notice of 
expiry that the Secretary must cause to be published in the Canada Gazette in accordance with 
subsection 76.03(2) of that Act shall set out the following information:  
(a)  the date on which the order or fi nding will be deemed to be rescinded; 
 
(b)  the date on or before which any written su bmissions must be filed by any person or 
government requesting or opposing the initiation of a review of the order or finding; 
 
(c)  the number of copies of each written submission that must be filed; 
 
(d)  instructions with respect to the filing of confidential information; and 
 (e)  the address to which written submissions or correspondence may be sent or delivered 
and at which information in respect of the expiry may be obtained. 
 
(2)  After the publication of a notice of expiry referred to in subrule (1), the Tribunal shall 
 
(a)  if it does not receive a request for a review from a person or government and it 
decides not to initiate a review on its own initiative under subsection 76.03(3) of the 
Special Import Measures Act , advise the interested parties of that decision; 
 
(b)  if it makes an order not to initiate a review under subsection 76.03(5) of that Act, ask 
the Secretary to cause a notice of that order to be published in accordance with that 
subsection; or 
 
(c)  if it decides to initiate a review, ask the Secretary to publish a notice of review in the 
Canada Gazette  that sets out the information specified in subrule 71(1).  G/ADP/N/1/CAN/4 
 G/SCM/N/1/CAN/4 
 Page 257 
 
  
(3)  The Secretary shall send a copy of a notice of expiry or a notice of review, as the case 
may be, to each person to whom and government to which the Secretary would be required by rule 55 
to send a copy of the notice of commencement of inqui ry if the review were an inquiry referred to in 
rule 53. SOR/2000-139, s. 36. 
 
73.2  In order to decide whether an expiry review under section 76.03 of the Special Import 
Measures Act  is warranted, the Tribunal may request the pa rties to provide information that addresses 
the following: 
 
(a)  the likelihood of a continuation or resu mption of dumping or subsidization of the 
goods; 
 (b)  the likely volume and price ranges of du mped or subsidized imports if dumping or 
subsidization were to continue or resume; 
 
(c)  the domestic industry's recent performan ce, including trends in production, sales, 
market share and profits; 
 
(d)  the likelihood of injury to the domestic industry if the order or finding were allowed 
to expire, having regard to the anticipated effects of a continuation or resumption of 
dumped or subsidized imports on the industry's future performance; 
 
(e)  any other developments affecting, or likely to affect, the performance of the domestic 
industry; 
 
(f)  changes in circumstances, domestically or internationally, including changes in the 
supply or demand for the goods, and changes in trends in, and sources of, imports 
into Canada; and 
 
(g)  any other matter that is relevant to the review. SOR/2000-139, s. 36. 
 
73.3  If the Commissioner determines under subsection 76.03(9) of the Special Import 
Measures Act  that the expiry of the order or finding is likely to result in a continuation or resumption 
of dumping or subsidizing, the Commissioner shall cause to be filed with the Secretary, in addition to 
the notice of determination that must  be provided under paragraph 76.03(7)( b) of that Act, 
 
(a)  the reasons for the determination; 
 (b)  information relating to the enforcement of  the Tribunal's order or finding and, in 
particular, to the extent available, the to tal volume and value of the imports and the 
volume and value of the dumped or subsidized imports and undumped or 
unsubsidized imports; and 
 
(c)  any other information that has been take n into consideration by the Commissioner. 
SOR/2000-139, s. 36. 
 
73.4  If the Tribunal makes an order under subsection 76.03(12) of the Special Import 
Measures Act , the Secretary shall 
 
(a)  send a copy of the order and reasons for it to each party and to each person who was 
provided with the notice of review; and 
 G/ADP/N/1/CAN/4 
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(b)  cause a notice of it to be published in the Canada Gazette . SOR/2000-139, s. 36. 
 
Review under Section 76.1 of the Special Import Measures Act 
 
73.5 (1) If the Minister of Finance requests the Tribunal to review an order or a finding under 
subsection 76.1(1) of the Special Import Measures Act , the Secretary shall publish a notice of review 
in the Canada Gazette that sets out the information specified in subrule 71(1). 
 
(2)  The Secretary shall send a copy of a notice of review to each person to whom and 
government to which the Secretary would be required by rule 55 to send a copy of the notice of 
commencement of inquiry if the review were an i nquiry referred to in rule 53. SOR/2000-139, s. 36. 
 
73.6  If the Tribunal makes an order or a finding under subsection 76.1(2) of the Special 
Import Measures Act , the Secretary shall 
 
(a)  send a copy of the order or finding and th e reasons for the decision to each party and 
to each person who was provided with the notice of review; and 
 
(b)  cause a notice of it to be published in the Canada Gazette . SOR/2000-139, s. 36. 
 
Application of Certain Rules 
 
73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the 
circumstances require, to a review under this Part.  
(2)  Rules 61.1 and 61.2 do not apply to a public interest inquiry under section 45 of the 
Special Import Measures Act  or to a review under section 76.01, 76 .02 or 76.1 of that Act. SOR/2000-
139, s. 36. 
  
PART VII 
 
RULINGS UNDER SECTION 89 AND RECONSIDERATIONS UNDER 
PARAGRAPH 91(1)( g) OF THE SPECIAL IMPORT MEASURES ACT 
 
Application 
 
74.  This Part applies 
 (a)  to a request made to the Tribunal by the Commissioner pursuant to section 89 of the 
Special Import Measures Act  for a ruling on the question of which of two or more 
persons is the importer in Ca nada 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; 
and 
 
(b)  to a reconsideration, under paragraph 91(1)( g) of that Act, of an order or finding 
made by the Tribunal in an inqui ry referred to in paragraph 90( c) of that Act. 
SOR/2000-139, s. 37. 
 
Notice of Request by Commissioner 
 
[SOR/2000-139, s. 38] 
  G/ADP/N/1/CAN/4 
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75.  Where the Commissioner makes a request  pursuant to subsection 89(1) of the Special 
Import Measures Act , the Commissioner 
 
(a)  shall give notice of the request to 
 
(i)  each of the two or more persons referred to in that subsection,  (ii)  where the Commissioner made the request at the request of a person 
interested in the importation of the goods  referred to in that subsection, that 
person interested, and 
 
(iii)  each exporter to Canada of those goods; and  
(b)  shall file with the Secretary a list of the names, addresses for service, telephone 
numbers and fax numbers, if any, of the persons given notice pursuant to 
paragraph ( a). SOR/2000-139, s. 39. 
 
Notice of Request for a Ruling 
 
76. (1) Forthwith after the list referred to in paragraph 75( b) is filed with the Secretary, the 
Secretary shall cause to be published in the Canada Gazette  a notice of request for a ruling setting out 
the following information:  
(a)  the statutory authority fo r the request for a ruling; 
 
(b)  the matter or thing that is the subject of the request for a ruling, together with such 
details or explanation of the request for a ruling as the Tribunal directs; 
 
(c)  the date on or before which any written submission must be filed with the Tribunal 
and the number of copies of any writte n submission that must be filed; 
 
(d)  instructions with respect to the filing of confidential information; 
 (e)  a statement as to whether the Tribunal has or has not directed that a hearing be held; 
 (f)  where the Tribunal has directed that a h earing be held, the following information, 
namely, 
 
(i)  the place and time fixed for commencement of the hearing or, if the place and 
time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Secretary a written request for such a notice, 
 
(ii)  the date on or before which an inte rested person must file with the Tribunal a 
notice of participation, and 
 (iii)  the date on or before which counsel for a person who files a notice of 
participation must file with the Tri bunal a notice of representation and, if 
appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); 
 
(g)  the address to which written submissions or correspondence may be sent or delivered 
and at which information in respect of the request for a ruling may be obtained; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 260 
 
 
(h)  such other information as the Tribunal specifies. 
 (2)  The Secretary shall send a copy of a no tice of request for a ru ling to the following 
persons: 
 
(a)  the Commissioner; and 
 (b)  each person shown on the list  referred to in paragraph 75( b). SOR/2000-139, s. 40. 
 
Request for Reconsideration 
 
77.  A request to the Tribunal to reconsider, pursuant to paragraph 91(1)( g) of the Special 
Import Measures Act , an order or finding made by it in an inquiry referred to in paragraph 90( c) of 
that Act shall be filed with the Secretary and shall set out the following information: 
 
(a)  the name, address for service, telephone num ber and fax number, if any, of the person 
making the request and of the person's counsel, if any; 
 
(b)  the nature of the person's interest in the order or finding; 
 
(c)  the grounds on which the person believes r econsideration of the order or finding is 
warranted and a statement of the facts on which the grounds are based; and 
 
(d)  the nature of the action that the person believes the Tribunal should take pursuant to 
paragraph 91(3)( a) of that Act on completion of the reconsideration. 
 
Notice of Reconsideration 
 
78.  Where the Tribunal decides, on its own initiative or on request, to reconsider an order 
or finding pursuant to paragraph 91(1)( g) of the Special Import Measures Act , the Secretary shall 
forthwith cause to be published in the Canada Gazette  a notice of reconsideration setting out the 
following information: 
 
(a)  the statutory authority for the reconsideration; 
 (b)  the matter or thing that is the subject of th e reconsideration, together with such details 
or explanation thereof as the Tribunal directs; 
 
(c)  the date on or before which any written submission must be filed with the Tribunal 
and the number of copies of the writte n submission that must be filed; 
 (d)  instructions with respect to the filing of confidential information; 
 
(e)  a statement as to whether the Tribunal has or has not directed that a hearing be held; 
 
(f)  where the Tribunal has directed that a h earing be held, the following information, 
namely, 
 
(i)  the place and time fixed for commencement of the hearing or, if the place and 
time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Secretary a written request for such a notice, 
  G/ADP/N/1/CAN/4 
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 Page 261 
 
 
(ii)  the date on or before which any pers on interested in the matter or thing must 
file with the Tribunal a notice of participation, and 
 (iii)  the date on or before which counsel for a person who files a notice of 
participation must file with the Tri bunal a notice of representation and, if 
appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); 
 
(g)  the address to which written submissions or  correspondence may be sent or delivered 
and at which information in respect of the reconsideration may be obtained; and 
 
(h)  such other information as the Tribunal specifies. SOR/2000-139, s. 41. 
 
Sending of Notice 
 
79.  The Secretary shall send a copy of the notice of reconsideration referred to in Rule 78 
to the following persons and governments: 
 (a)  where reconsideration of the order or fi nding referred to in that rule was initiated by 
the Tribunal at the request of a pers on interested, the person interested; 
 
(b)  the Commissioner; 
 (c)  each domestic producer of goods that are like the goods to which the order or finding 
applies; 
 
(d)  all parties to the inquiry in which the order or finding was made and governments to 
which notice of the making of the order or finding was given by the Tribunal; and 
 
(e)  such other person as the Tribunal specifies. SOR/2000-139, s. 42. 
 
Forwarding of Notice of Action Taken and Reasons 
 
80.  In addition to the persons referred to in paragraph 91(3)( b) of the Special Import 
Measures Act , the Secretary shall forward by registered mail the notice of action taken and copies of 
the reasons for that action referred to in that para graph to every other person to whom and government 
to which the Secretary was required by rule 79 to  send a copy of a Notice of Reconsideration. 
 
Application of Certain Rules 
 
81.  Rules 59 and 60 apply, with any modifications that the circumstances require, to a 
request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act  and any 
re-hearing in connection with a reconsidera tion by the Tribunal under paragraph 91(1)( g) of that Act.  
 
SOR/2000-139, s. 43. 
 
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PART VIII 
 
COMPLAINTS BY DOMESTIC PRODUCERS 
 
Application 
 
82.  This Part applies in respect of a wr itten complaint filed with the Tribunal under 
subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1 .05), (1.06) or (1.1) of the Act by a domestic 
producer of goods that are like or directly competitiv e with goods being importe d into Canada, or by a 
person or an association acting on behalf of such  a domestic producer. SOR/93-599, s. 1; SOR/97-67, 
s. 1; SOR/97-325, s. 2; SOR/2000-139, s. 44. 
 
Additional Information Acco mpanying a Written Complaint 
 
83.  (1) In addition to providing the information set out in subsections 23(2) and (3) of the 
Act, a complaint filed with the Tribunal shall be signed by the complainant or by the complainant's 
counsel, if any, and shall be accompanied by the following information:  
(a)  the name, address for service, telephone number and fax number, if any, of the 
complainant and of the complainant's counsel, if any; 
 
(a.1)  the name and description of the imported goods concerned, their tariff classification, 
their current tariff treatment, and the name  and description of the like or directly 
competitive domestic goods concerned; 
 
(a.2)  the locations of the establishments in  which the complainant produces the domestic 
goods; 
 
(a.3)  the percentage of domestic production of  the like or directly competitive goods that 
the complainant accounts for and the basis for claiming that the complainant is 
representative of an industry; 
 
(a.4)  the names and locations of all other do mestic establishments in which the like or 
directly competitive goods are produced; 
 
(a.5)  data on total domestic produc tion of the like or directly competitive goods for each of 
the five most recent full years; 
 (b)  a list of any documents that may be useful  in explaining or supporting the complaint; 
 (c)  a list of any other interested parties; 
 
(d)  the actual volume of the goods imported into  Canada for each of the five most recent 
full years that form the basi s of the complaint and the effect of the imported goods on 
the prices of like or directly competitive goods in Canada, including 
 
(i)  whether there has been a significant increase in the importation into Canada 
of the goods, either absolutely or rela tive to the production in Canada of like 
or directly competitive goods, 
 
(ii)  whether the prices of the goods imported into Canada  have significantly 
undercut the prices of like or directly competitive goods produced and sold in 
Canada, and  G/ADP/N/1/CAN/4 
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 Page 263 
 
  
(iii)  whether the effect of the importation into Canada of the goods has been  
(A)  to depress significantly the prices of like or directly competitive 
goods produced and sold in Canada, or 
 
(B)  to limit to a significant degree increases in the prices of like or 
directly competitive goods produced and sold in Canada; and 
 
(e)  the impact of the imported goods on domestic producers of like or directly 
competitive goods in Canada and all relevant  economic factors and indices that have 
a bearing on the industry that comprises or  includes the like or directly competitive 
goods, including, without limiting the generality of the foregoing, 
 
(i)  actual and potential changes in the level of production, employment, sales, 
market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments, and 
 
(ii)  factors affecting domestic prices. 
 
(iii)  [Repealed, SOR/95-13, s. 1]  
(2)  In addition to the information specified in subrule (1), information that is necessary to 
apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal 
Regulations  shall be filed at the request of the Tribunal. SOR/93-599, s. 2; SOR/95-13, s. 1; 
SOR/2000-139, s. 45. 
 
 
PART IX 
 
REFERENCES UNDER SECTION 18, 19, 19.01, 19.011, 19.012,  
19.1 OR 20 OF THE ACT 
 
[SOR/93-599, s. 3; SOR/97-67, s. 2; SOR/97-325, s. 3] 
 
Application 
 
84.  This Part applies to a reference made to the Tribunal 
 (a)  pursuant to section 18 of the Act, for inquiry into and report to the Governor in 
Council on any matter in relation to the econo mic, trade or commer cial interests of 
Canada; 
 
(b)  pursuant to section 19 of the Act, for inquiry into and report to the Minister on any 
tariff-related matter, except a ma tter referred to in Part X; 
 
(c)  pursuant to section 19.01, 19.011, 19.012 or 19.1 of the Act, for inquiry into and 
report to the Governor in Council on any matter in relation to the importation of 
goods that are entitled, under the Customs Tariff , to the United States Tariff, the 
Mexico Tariff, the Mexico-United States Tariff, the Canada-Israel Free Trade Agreement Tariff or the Chile Tariff; and 
 G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 264 
 
 
(d)  pursuant to section 20 of the Act, for inquiry into and report to the Governor in 
Council on any matter in relation to the im portation of goods or to the provision by 
persons normally resident outside Canada of services in Canada. SOR/93-599, s. 4; 
SOR/97-67, s. 3; SOR/97-324, s. 4; SOR/98-39, s. 1. 
 
Notice of Inquiry 
 
85.  Where, pursuant to section 18, 19, 19.01, 19.011, 19.012, 19.1 or 20 of the Act, a 
matter is referred to the Tribunal for inquiry and re port, the Secretary shall cause to be published in 
the Canada Gazette  a notice of inquiry setting out the following information: 
 
(a)  the statutory authority for the inquiry; 
 (a.1)  the name of the complainant; 
 
(b)  the imported goods that are the subject of the inquiry, including their tariff 
classification, together with such details or explanation of the inquiry as the Tribunal directs; 
 
(c)  the date on or before which any written submission must be filed with the Tribunal 
and the number of copies of any writte n submission that must be filed; 
 
(d)  instructions with respect to the filing of confidential information; 
 (e)  a statement as to whether the Tribunal has or has not directed that a hearing be held; 
 
(f)  where the Tribunal has directed that a h earing be held, the following information, 
namely, 
 
(i)  the place and time fixed for commencement of the hearing or, if the place and 
time have not been fixed, a statement that notice of the place and time fixed 
for the hearing will be given to any person who files with the Secretary a 
written request for such a notice, 
 
(ii)  the date on or before which any pers on interested in the matter must file with 
the Tribunal a notice of participation, and 
 
(iii)  the date on or before which counsel for a person who files a notice of 
participation must file with the Tri bunal a notice of representation and, if 
appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); 
 
(g)  the address to which written submissions or correspondence may be sent or delivered 
and at which information in respect of the inquiry  may be obtained and non-confidential documents 
filed in the course of the inquiry may be inspect ed, as well as the name, a ddress and telephone number 
of the office to be contacted for more information; and  
(h)  such other information as the Tribunal sp ecifies. SOR/93-599, s. 5; SOR/97-67, s. 4; 
SOR/97-325, s. 5; SOR/2000-139, s. 46. 
 
Sending of Notice 
 
86.  The Secretary shall send a copy of a notice of inquiry referred to in rule 85 to 
  G/ADP/N/1/CAN/4 
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 Page 265 
 
 
(a)  where the inquiry is in relation to go ods, all domestic producers, importers into 
Canada and exporters to Canada of su ch goods who are known to the Tribunal; 
 (b)  where the inquiry is in relation to the provision of services, all persons who provide 
the services in Canada who are known to the Tribunal; 
 
(c)  the government of any country that is cons idered by the Tribunal to have an interest 
in the inquiry; 
 
(d)  any trade association that appears to the Tr ibunal to have a particular interest in the 
inquiry; and 
 
(e)  such other persons as the Tribunal specifies. SOR/2000-139, s. 47. 
 
Hearing to be Held 
 
87. (1) Notwithstanding that a notice of inquiry re ferred to in rule 85 states that the Tribunal 
has not directed that a hearing be held, the Tribunal may, at any time after publication of the notice in the Canada Gazette , direct that a hearing be held if, at any time after that publication, it considers that 
the holding of a hearing is necessary or desirable. 
 
(2)  Where, pursuant to subrule (1), the Tr ibunal directs that a hearing be held, the 
Secretary shall cause to be published in the Canada Gazette  a notice setting out that the Tribunal has 
so directed.  
(3)  Any notice given pursuant to subrule (2 ) shall include the information set out in 
paragraph 78( f). 
 
Application of Certain Rules 
 
88.  Rules 59 and 60 apply, with any modifica tions that the circumstances require, to an 
inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies. 
SOR/2000-139, s. 48. 
  
PART X 
 
REFERENCES UNDER SECTION 19 AND REVIEWS UNDER 
SECTION 19.02 OF THE ACT 
 
Application 
 
89.  This Part applies in respect of 
 (a)  a standing reference made to the Tribunal under section 19 of the Act by the Minister 
for inquiry and report into 
 
(i)  any written complaint made to the Tribunal by a domestic producer of goods 
alleging that like or directly competitive goods that originate in a country designated in the List of Countri es set out in the schedule to the Customs 
Tariff  as a beneficiary of the General Pr eferential Tariff and that are being 
imported into Canada at the General Pr eferential Tariff rates of customs duty 
under section 33 of the Customs Tariff , or that originate in a country G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 266 
 
 
designated in the List of Countri es set out in the schedule to the Customs 
Tariff as a beneficiary of the Least Developed Country Tariff and that are 
being imported into Canada at the L east Developed Country Tariff rates of 
customs duty under section 37 of the Customs Tariff , are causing or 
threatening injury to that producer, or 
 
(ii)  any written complaint made to the Tribunal by a domestic producer of goods 
alleging that like or directly competitive goods that originate in a country designated in the List of Countri es set out in the schedule to the Customs 
Tariff  as a beneficiary of the Commonwealth Caribbean Countries Tariff and 
that are being imported into Cana da at the Commonwealth Caribbean 
Countries Tariff rates of customs duty under section 41 of the Customs Tariff , 
are causing or threatening in jury to that producer; and 
 
(b)  a review made under section 19.02 of the Ac t. SOR/98-39, s. 2; SOR/2000-139, s. 48. 
 
Complaints by Producers 
 
90. (1)  A written complaint by a domestic  producer referred to in paragraph 89( a) shall be 
 
(a)  signed by the complainant or  by the complainant's counsel; 
 (b)  filed with the Secretary; and 
 (c)  accompanied by the following information: 
 
(i) the facts on which the allegations are based,  (ii)  the nature of the relief sought, 
 
(iii)  the goods in issue, 
 
(iv)  the sources from which the goods are being imported at preferential rates, 
 
(v)  the name, address for service, telepho ne number and fax number, if any, of 
the complainant and of the complainant's counsel, if any, 
 
(vi)  a list of any documents that may be  useful in explaining or supporting the 
complaint, 
 (vii)  a list of any other domestic producers of the goods referred to in the 
complaint, indicating which, if any, of those producers support the complaint, 
 
(viii)  the information referred to in paragraphs 83( d) and ( e), and 
 
(ix)  such other information as is availa ble to the complainant to prove the facts 
referred to in subparagraph (i). 
 
(2)  If the Tribunal determines that the information provided by the complainant and any 
other information examined by the Tribunal discloses a reasonable indication that the domestic producer has suffered, or may suffer, injury as a r esult of imports occurring or that might occur under 
the tariff preferences referred to in paragraph 89( a), the Tribunal shall commence an inquiry into the 
complaint. SOR/2000-139, s. 49.  G/ADP/N/1/CAN/4 
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 Page 267 
 
 
 
Notice of Expiration 
 
91.  If a temporary safeguard measure that has been implemented by the Government of 
Canada to prevent or remedy the injury caused  to domestic producers by imports under the tariff 
preferences referred to in paragraph 89( a) is scheduled to expire, the S ecretary shall, in order for the 
Tribunal to receive and review written submissions that  may be made by interested parties in relation 
to the future status of the measure, cause to be published in the Canada Gazette , not later than 10 
months before the measure is scheduled to expire , a notice of expiry that sets out the following 
information: 
 
(a)  the date on which the measure is scheduled to expire; 
 (b)  the statutory authority for the review of the measure; 
 
(c)  the date on or before which any written submissions must be filed; 
 (d)  the address to which written submissions or correspondence may be sent or delivered 
and at which information in respect of th e review of the measure may be obtained; 
and 
 
(e)  such other information as the Tribunal specifies. SOR/2000-139, s. 50. 
 
Application of Certain Rules 
 
92.  Rules 59, 60 and 85 to 87 apply, with any modifications that the circumstances 
require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this 
Part applies. SOR/2000-139, s. 51. 
 
Notice of Review Under Section 19.02 of the Act 
 
92.1  If the Tribunal is required to conduct a mid-term review under section 19.02 of the 
Act, the Secretary shall cause to be published in the Canada Gazette , not later than five months before 
the review, a notice of mid-term review that sets out the following information:  
(a)  the statutory authority for the review of the safeguard measure; 
 
(b)  the date of the mid-point of the safeguard measure to be reviewed; 
 (c)  the subject-matter of the review; 
 (d)  the date on or before which a notice of participation or any written submissions must 
be filed; 
 
(e)  the address of the Tribunal for the filing or service of documents and where 
information in respect of the review may be obtained; and 
 
(f)  any other information that is relevant to the review that the Tribunal specifies. 
SOR/2000-139, s. 51. 
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G/SCM/N/1/CAN/4 Page 268 
 
 
Sending of Notice of Mid-term Review 
 
92.2  The Secretary shall send a copy of the notice of mid-term review referred to in 
rule 92.1 to each interested party. SOR/2000-139, s. 51.  
Disposal of Mid-term Review 
 
92.3  A mid-term review referred to in rule 92 .1 shall be decided on the basis of a hearing 
by way of written submissions unless the Tribunal, on  its own initiative or on the written request of a 
party, decides to proceed by way of a hearing at wh ich the parties or their counsel appear before the 
Tribunal or by way of an electronic hearing. SOR/2000-139, s. 51. 
 
Application of Certain Rules 
 
92.4  Rules 59 and 60 apply, with any modifications that the circumstances require, to a 
review referred to in rule 92.1. SOR/2000-139, s. 51. 
 
 
PART XI 
 
INQUIRIES INTO PROCUREMENT COMPLAINTS BY POTENTIAL SUPPLIERS 
 
Interpretation 
 
93.  In this Part 
 
"send", in respect of a document, information or a notification, means to transmit by hand, 
registered mail or electronic transmission; ( envoyer ) 
 
"working day" means a day that is not a Saturday or a holiday. ( jour ouvrable ) SOR/93-601, 
s. 3; SOR/2000-139, s. 52.  
Application 
 
94.  This Part applies in respect of inquiri es into complaints made by potential suppliers 
under subsection 30.11(1) of the Act. SO R/93-601, s. 3; SOR/2000-139, s. 53(E). 
 
Computation of Time 
 
95.  In this Part where anything is to be done within eight days or less, any day within that 
period that is not a working day shall not be counted. SOR/93-601, s. 3. 
 
Day of Filing of Complaints 
 
96. (1) A complaint shall be considered to have been filed 
 
(a)  on the day it was received by the Tribunal; or 
 
(b)  in the case of a complaint that does not co mply with subsection 30.11(2) of the Act, 
on the day that the Tribunal receives the in formation that corrects the deficiencies in 
order that the complaint comply with that subsection. 
  G/ADP/N/1/CAN/4 
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 Page 269 
 
 
(2)  For the purpose of subrule (1), the day of receipt is the day stamped by the Secretary 
on the complaint or on the document containing th e information that corrects the deficiencies. 
SOR/93-601, s. 3; SOR/2000-139, s. 54. 
 
Receipt of a Complaint 
 
97.  Where the Tribunal receives a complain t, the Secretary shall forthwith send a 
notification in writing to the complainant of the receipt of the complaint. SOR/93-601, s. 3. 
 
Notice of Filing of a Complaint 
 
98.  Where the Tribunal determines that a complaint complies with subsection 30.11(2) of 
the Act, the Secretary shall forthwith send a notifica tion in writing of the filing of the complaint to the 
complainant, the government institution and any othe r party that the Tribunal considers to be an 
interested party. SOR/93-601, s. 3. 
 
Deficient Complaint 
 
99. (1) Where the Tribunal determines that a complaint does not comply with 
subsection 30.11(2) of the Act, the Secretary sh all forthwith send a notification in writing to the 
complainant to that effect and which notice specifi es the deficiencies to be corrected, the corrective 
action required and the period determined by the Tr ibunal within which the corrective action must be 
taken.  
(2)  Where the corrective action referred to in subrule (1) has been taken, and the Tribunal 
determines that the complaint complies with sub section 30.11(2) of the Act, the Secretary shall 
forthwith send a notification in writing of the filing of the complaint to the complainant, the government institution and any other party that the Tribunal considers to be an interested party. 
SOR/93-601, s. 3. 
 
Transmission of Complaint 
 
100. (1) The Secretary shall send a copy of th e complaint to the person designated in the 
solicitation documentation by the government institu tion to receive complaints in respect of the 
procurement.  
(2)  Where no person has been designated in  the solicitation documentation to receive 
complaints, the Secretary shall send the documents referred to in subrule (1)  
(a)  in the case of a government institution that is a department or ministry of state, to the 
deputy head; and 
 
(b)  in any other case, to the chief executive officer of the appropriate body. SOR/93-601, 
s. 3. 
 
Notification of Inquiry 
 
101.  If the Tribunal decides to conduct an inquiry, the Secretary shall forthwith send a 
notification in writing to the complainant, the gove rnment institution and any other interested party 
and shall publish a notice of commencement of in quiry. SOR/93-601, s. 3; SOR/2000-139, s. 55; 
SOR/2002-402, s. 8(F). 
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Exchange of Information 
 
102. (1) Where a designated contract that is the subject of a complaint has been awarded, the 
government institution shall forthwith, upon receipt of the complaint, send a notification in writing to 
the Tribunal that states 
 
(a) the name and address of the contractor to whom the designated contract was awarded; 
and 
 
(b)  if known by the government institution, the name of a representative of the 
contractor. 
 
(2)  The Secretary shall forthwith send a copy of the complaint to the contractor referred 
to in subrule (1). 
 
(3)  Subject to Rule 16, the Secretary shall forthwith send a copy of every document that 
the Tribunal has received from the contractor referre d to in subrule (1) to the government institution, 
the complainant and all interveners. SOR/93-601, s. 3. 
 
Government Institution Report 
 
103. (1) Subject to subrule 107(5), a government institution shall file a report with the 
Tribunal not later than 25 days after it has r eceived the documents referred to in Rule 100. 
 
(2)  A report referred to in subrule (1) shall contain a copy of the following: 
 
(a)  the complaint; 
 (b)  the solicitation, including the specifications or portions thereof relevant to the 
complaint; 
 
(c)  all other documents relevant to the complaint; 
 (d)  a statement that sets out all findings, ac tions and recommendations of the government 
institution and responds fully to all allegations of the complaint; and 
 
(e)  any additional evidence or information that  may be necessary in order to resolve the 
complaint. 
 
(3)  The Secretary shall, forthwith after receiving a report referred to in subrule (1),  (a)  send to the complainant a copy of the statement referred to in paragraph (2)( d) and of 
the documents referred to in paragraph (2)( c), except any documents that the 
complainant is not otherwise authorized by law to receive; and 
 
(b)  make available to all interveners a copy of the material referred to in paragraph ( a). 
 
(4)  The government institution may, within the time limit set out in subrule (1), make a 
written request to the Tribunal for an extension of th at time limit and shall set out in the application 
the reasons for the extension. 
 (5)  The Tribunal shall determine, in writing,  whether the specific circumstances of the 
complaint warrant an extension of the time li mit for the submission of the report and, where  G/ADP/N/1/CAN/4 
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 appropriate, may set a new date for the submission of the report. SOR/93-601, s. 3; SOR/2000-139, s. 
56. 
 
Filing Comments on the Government Institution Report 
 
104. (1) Subject to subrule 107(5), the complainant shall, within seven days after the day on 
which the Tribunal sends a copy of the statement to the complainant under subrule 103(3), file with 
the Tribunal comments on the statement or make a written request to have the case decided on the 
basis of the existing record. 
 
(2)  The Tribunal shall, forthwith after recei ving the comments referred to in subrule (1), 
send a copy thereof to the government  institution and all interveners. 
 
(3)  The Tribunal may extend the time limit for the filing of comments under subrule (1) 
if the complainant makes a written re quest for the extension within the time limit referred to in that 
subrule and the specific circumstances of the comp laint warrant the extension. SOR/93-601, s. 3; 
SOR/2000-139, s. 57. 
 
Hearing of Complaints 
 
[SOR/2000-139, s. 58] 
 
105. (1) The Tribunal may, in respect of the merits of a complaint, and on the written request 
of a party or on the Tribunal's own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear before the Tribunal. 
 
(2)  The request for a hearing shall be submitted as soon as possible during the course of 
the proceedings on the complaint.  
(3)  A hearing shall be held on a date and at  a time and place set by the Tribunal and the 
Secretary shall send notice thereof to all parties. 
 
(4)  The date referred to in subrule (3) shall be not earlier than seven days after the report 
of the government institution is filed with the Tribunal.  
(5)  The complainant, the government institu tion and all interveners may file comments 
with the Tribunal in respect of the complaint at the hearing. 
 
(6)  The Tribunal may direct that a hearing be held if at any time during the proceeding it 
decides that a hearing is needed to clarify material issues. SOR/93-601, s. 3; SOR/2000-139, s. 59. 
 
106.  [Repealed, SOR/2000-139, s. 60] 
 
Express Option 
 
107. (1) When the complainant, the government institution or an intervener requests an 
expeditious determination of a complaint, the Trib unal shall consider the feasibility of using the 
express option procedure set out in subrule (5). 
 
(2)  The Tribunal may apply the express op tion in the case of any complaint that is 
suitable for resolution within 45 days.  G/ADP/N/1/CAN/4 
G/SCM/N/1/CAN/4 Page 272 
 
 
(3)  A request for the express option shall be made in writing and submitted to the 
Secretary not later than three days after a notice of  inquiry is given under subsection 30.12(3) of the 
Act.  
(4)  The Tribunal shall determine whether or  not to apply the express option within two 
days after receiving a request for it and shall notif y the complainant, the government institution and 
all of the interveners of its determination.  
(5)  Where the express option is applied, the time limits set out in this Part for filing 
documents shall not apply and the following procedure shall be followed: 
 
(a)  the government institution shall, within 10 days after the day on which it is notified 
by the Tribunal that the express option is to be applied, file with the Tribunal a report 
on the complaint containing the material referred to in subrule 103(2); 
 
(b)  the Secretary shall, forthwith after re ceiving a report referred to in paragraph ( a), send 
to the complainant a copy of the documen ts referred to in paragraph 103(3)( a) and 
make a copy of that material available to all interveners; 
 
(c)  the complainant and an intervener shall, within five days after the day on which the 
Secretary sends the statement of the government institution referred to in 
paragraph 103(2)( d) to the complainant pursuant to paragraph ( b), file with the 
Secretary comments on that statement or a request that the case be decided on the 
existing record; 
 
(d)  the Secretary shall, forthwith afte r receiving the comments referred to in 
paragraph ( c), send a copy thereof to the governme nt institution and all interveners; 
and 
 
(e)  the Tribunal shall issue a determination on the complaint within 45 days after 
determining that the express option will be applied. SOR/93-601, s. 3; SOR/2000-
139, s. 61. 
 
Service of Documents 
 
108.  Where, in any proceedings under this Pa rt a document is required by these Rules to 
be served, the Secretary shall effect that service. SOR/93-601, s. 3. 
 
 
PART XII 
 
EXTENSION INQUIRIES UNDER SECTION 30.07 OF THE ACT 
 
Application 
 
109.  This Part applies in respect of an ex tension inquiry under section 30.07 of the Act. 
SOR/2000-139, s. 62. 
Notice of Expiry 
 
110.  If the Tribunal is required to publish a notice of expiry under subsection 30.03(1) of 
the Act in respect of an order referred to in th at subsection, the notice shall be published in the 
Canada Gazette  not later than eight months before  the expiry date and shall set out 
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(a)  the date on which the order is scheduled to expire; 
 (b)  the date on or before which written submi ssions must be filed by interested parties 
requesting or opposing an extension inquiry; 
 
(c)  the address of the Tribunal for the filing or service of documents and where 
information in respect of the extension inquiry may be obtained; 
 
(d)  the number of copies of each written submission that must be filed; 
 
(e)  instructions in respect of the f iling of confidential information; and 
 (f)  any other relevant information that the Tribunal may require. SOR/2000-139, s. 62. 
 
Request for Extension 
 
111.  A request for an extension inquiry filed with the Tribunal shall be signed by the 
requester or by their counsel, if any, and, in addition to providing the information required by 
section 30.05 of the Act, shall be accompanied by the following information: 
 
(a)  the name, address and telephone and fax numbe rs, if any, of the requester or their 
counsel; 
 (b)  the name and description of the imported goods and the like or directly competitive 
goods; 
 
(c)  the names of the domestic producers on who se behalf the request is being made and 
the proportion of total domestic production of  like or directly competitive goods that 
is produced by them; 
 
(d)  any information that is necessary to address the matters raised in subsection 4(1) and 
section 6 or 7 of the Canadian International Trade Tribunal Regulations  and 
subsection 30.03(2) of the Act, as the case may be; and 
 
(e)  a statement indicating why the order that is the subject of the extension inquiry 
continues to be necessary to prevent or re medy serious injury to domestic producers 
of like or directly competitive goods. SOR/2000-139, s. 62. 
 
112.  If a notice is provided under subsection 30.06(3) of the Act, the Tribunal shall give 
the other interested parties referred to in that sub section an opportunity to make representations to the 
Tribunal concerning the request referred to in rule 111. SOR/2000-139, s. 62. 
 
113.  If the Tribunal decides to conduct an extens ion inquiry, the Secretary shall forthwith 
cause to be published in the Canada Gazette  a notice to that effect that sets out the following 
information:  
(a)  the statutory authority for the extension inquiry; 
 
(b)  the subject-matter of the extension inquiry, together with any other relevant details of 
the extension inquiry that the Tribunal directs; 
 
(c)  the date on or before which an interested  party must file a notice of participation; 
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(d)  the date on or before which counsel for an interested party must file a notice of 
representation and, if appropriate, a decl aration and undertaking referred to in 
subrule 16(1) or (2); 
 
(e)  the date on or before which wr itten submissions must be filed; 
 (f)  the number of copies of each written submission that must be filed; 
 (g)  instructions with respect to the filing of confidential information; 
 
(h)  the address of the Tribunal to which wr itten submissions or correspondence may be 
sent or delivered and at which information in  respect of the extension inquiry may be 
obtained; 
 
(i)  the place and time fixed for the commencemen t of a hearing in the extension inquiry; 
and 
 (j)  any other information that is relevant to the extension inquiry that the Tribunal 
specifies. SOR/2000-139, s. 62; SOR/2002-402, s. 9(E). 
 
Application of Certain Rules 
 
114.  Rules 59 and 60 apply, with any modifications that the circumstances require, in 
respect of an extension inquiry conducted by th e Tribunal under this Part. SOR/2000-139, s. 62. 
 
SCHEDULE 
 
[Repealed, SOR/2000-139, s. 63] 
 
 
 
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