G/ADP/N/1/CAN/4/Suppl.5  
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3 August  2022 
(22-5803) Page: 1/11 
Committee on Andi -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
CANADA  
Supplement  
The following communication, dated and received on 27 July 2022, is being circulated at the request 
of the delegation of Canada.  
 
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Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement, Article 32.6 of the  WTO Agreement 
on Subsidies and Countervailing Measures, and Article 12.6 of the Agreement on Safeguards, Canada 
hereby notifies the Committee on Anti -Dumping Practices, the Committee on Subsidies and 
Countervailing Measures and the Committee on Safeguards of amendments to the Special Import 
Measures Act  (SIMA),  the Canadian International Trade Tribunal Act , the Special Import Measures 
Regulations , and the Canadian International Trade Tribunal Regulations , which  came into force 
on 23-24 June 2022.  
The changes are contained in the following legal instruments, the relevant portions of which are 
attached:  
1. The Budget Implementation Act, 2022, no. 1 (entry into force on 23 June 2022) ; 
 
2. Regulations Amending the Special Import Measures Regulations and the Canadian 
International Trade Tribunal Regulations: SOR/2022 -160 (entry into force on 
24 June 2022); 
The key elements of the changes are as follows:  
1. Anti-circumvention : anti-circumvention investigation may now be initiated where 
evidence discloses  "a reasonable indication " that circumvention is occurring . The previous 
initiation threshold required evidence that circumvention was occurring. In addition, the 
Canada Border Services Agency (CBS A) now has  more dis cretion  to find circumvention where 
a change in trade patterns is cau sed by the imposition of duties , even if it is not the principal 
cause.   
2. Massive importations : a massive importation inquiry will now be conducted by the 
Canadian Inter national Trade Tribunal (CITT) in all anti -dumping and countervailing duty 
investigations. Such inquiries were previously only conducted on the request of domestic 
producers. Retroactive duties will be imposed when massive importations are likely to 
seriou sly undermine the remedial effect of the duties , in line with Article 10.6 of the 
WTO Anti-Dumping Agreement. In addition, i nstead of being notifi ed at the receipt of a 
properly documented complaint,  foreign government s will now  be notified of a properly G/ADP/N/1/CAN/4/Suppl.5 • G/SCM/N/1/CAN/4/Suppl.4 • G/SG/N/1/CAN/3/Suppl.3  
 
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  documented complaint no later than seven  days before a dumping investigation is initiated 
or 20 days before a subsidy investigation is initiated.  
3. Trade unions : trade unions now have the ability to file global safeguard complaints and 
extension requests. Concurrent policy changes also provide trade unions with the right to 
file anti -dumping and countervailing duty complaints. In addition, injury assessments will  
now include greater consideration of workers interests by clarifying that injury to workers is 
included in the concept of "injury to the domestic industry ". Furthermore, impacts on terms 
and conditions of employment (e.g., hours worked, pension levels, tr aining and safety) are 
now factors the CITT may consider when assessing injury or threat of injury to the domestic 
industry in both safeguard and anti -dumping and countervailing duty inquiries.  
4. Expiry reviews : expiry reviews of all anti -dumping and counter vailing duty orders or 
findings will now be initiated within five years of them being made, without the need for the 
CITT to first issue an expiry review notice and invite stakeholder comments on whether an 
expiry review is warranted. The CITT has the abil ity to terminate any expiry review when it 
is of the view that it is not supported by domestic producers.  
Updated and consolidated versions of the laws and regulations are available on the Departm ent of 
Justice Canada web site:  http://laws -lois.justice.gc.ca   
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  BUDGET IMPLEMENTATION ACT OF 2022, NO. 1  
PART 5 – DIVISION 9  
Special Import Measures Act  
191 Section 2 of the Special Import Measures Act  is amended by adding the following 
after subsection (10):  
Assessment of injury — impacts on workers  
(11)  In any assessment of injury under this Act, any impacts on workers employed in the 
domestic industry shall be taken into account.  
Assessment of retard ation — impacts on jobs  
(12)  In any assessment of retardation under this Act, any impacts on jobs shall be taken 
into account.  
192 The Act is amended by adding the following before section 3:  
 
Definition of massive importation  
2.1 In this Part, massive imp ortation  includes a series of importations into Canada that 
in the aggregate are massive and have occurred within a relatively short period of time.  
193 The portion of paragraph 5(a) of the Act after subparagraph (i) is replaced by th e 
following:  
(ii) injury has been caused by a massive importation of the goods into Canada and the goods 
are likely to seriously undermine the remedial effect of the duties applicable under 
subsection 3(1); and  
194 Subparagraphs 6(a) (i) and (ii) of the Act are replaced by the following:  
(i) injury has been caused by a massive importation of the goods into Canada, and  
 
(ii) the goods are likely to seriously undermine the remedial effect of the duties applicable 
under subsection 3(1),  
195 Subsection 31(6) of the Act is replaced by the following:  
Extension of 30 -day period  
(6) The period of 30 days referred to in subsection (1) is extended to 45 days if, before the 
expiry of the 30 days, the President causes written notice to be given to the complainant 
that the period of  30 days is insufficient to determine whether there is compliance with the 
conditions referred to in subsection (2) or the condition referred to in subsection 31.1(1).  
196(1)  Paragraphs 32(1)(a) and (b) of the Act are replaced by the following:  
(a) if the complaint is properly documented, cause the complainant to be informed in writing 
that the complaint was received and that it is properly documented; or  
 
(b) if the complaint is not properly documented, cause the complainant to be informed in 
writing that the complaint was received and indicate the information and material needed in 
order for the complaint to be properly documented.  G/ADP/N/1/CAN/4/Suppl.5 • G/SCM/N/1/CAN/4/Suppl.4 • G/SG/N/1/CAN/3/Suppl.3  
 
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  196(2)  Section 32 of the Act is amended by adding the following after subsection (1):  
Notice of complaint  
(1.1)  If the President receives a properly documented written complaint under 
subsection  (1), the President shall cause the government of the country of export to be 
notified in writing that the complaint was received and that it is properly documented.  
Timing of notic e 
(1.2) The notice shall be provided no later than  
(a) in the case of a complaint respecting the dumping of goods, seven days before 
the day on which the President decides whether or not to cause an investigation 
to be initiated; and  
 
(b) in the case of a complaint respecting the subsidizing of goods, 20 days before 
the day on which the President decides whether or not to cause an investigation 
to be initiated.  
197(1)  The portion of subsection 42(1) of the Act before paragraph (a) is replaced by the 
followi ng: 
Tribunal to make inquiry  
42 (1) The Tribunal, forthwith after receipt of a notice of a preliminary determination under 
subsection 38(3), shall make inquiry with respect to the following matters:  
197(2)  The portion of paragraph 42(1) (b) of the Act afte r subparagraph (i) is replaced by 
the following:  
(ii) injury has been caused by a massive importation of the goods into Canada and the goods 
are likely to seriously undermine the remedial effect of the duties applicable under 
subsection 3(1); and  
197(3)  Subparagraphs 42(1)(c)(i) and (ii) of the Act are replaced by the following:  
(i) injury has been caused by a massive importation of the goods into Canada, and  
(ii) the goods are likely to seriously undermine the remedial effect of the duties applicable 
under  subsection 3(1).  
198 Paragraph 71(c) of the Act is replaced by the following:  
(c) the change in trade pattern is caused by the imposition of anti -dumping or countervailing 
duties.  
199 Subsection 72(1) of the Act is replaced by the following:  
Initiation of investigation  
72 (1) The President shall cause an investigation to be initiated respecting the 
circumvention of an order or finding of the Tribunal, or an order of the Governor in Council 
imposing a countervailing duty under section 7, on the  President 's own initiative or, if he or 
she receives a written complaint respecting the circumvention, within 45 days after the day 
on which that complaint is received, if he or she is of the opinion that there is evidence 
disclosing a reasonable indicati on that circumvention is occurring.  G/ADP/N/1/CAN/4/Suppl.5 • G/SCM/N/1/CAN/4/Suppl.4 • G/SG/N/1/CAN/3/Suppl.3  
 
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  200 Subsection 76.01(7) of the Act is replaced by the following:  
Expiry of order  
(7) An order made on the completion of an interim review, other than an order rescinding 
an order or finding, expires on the day on which the Tribunal makes an order under 
subsection 76.03(12).  
201(1)  The portion of subsection 76.03(1) of the Act before paragraph (a) is replaced by 
the following:  
Review  
76.03  (1) The Tribunal shall initiate an expiry review with respect to an order or finding 
described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five 
years after whichever of the following days is applicable:  
201(2)  Subsections 76.03(2) to (5) of the Act are replaced by the following:  
Termination of review  
(2) The Tribunal may terminate an expiry review at any time if, in the Tribunal 's opinion, 
the review is not supported by domestic producers. Upon terminating a review, the Tribunal 
shall without delay cause notice of the termination to be given to the Pr esident and all other 
persons and governments specified in the rules of the Tribunal.  
201(3) The portion of subsection 76.03(6) of the Act before subparagraph (a)(i) is 
replaced by the following:  
Notice  
(6) Upon initiating an expiry review, the Tribunal sh all without delay  
(a) cause notice of the review to be given to  
201(4) Subsection 76.03(6) of the Act is amended by adding "and" at the end of 
paragraph  (a) and by repealing paragraph (b).  
201(5) The portion of subsection 76.03(7) of the Act before paragraph (a) is replaced by 
the following:  
President 's determination and notice  
(7) Unless the expiry review is terminated under subsection (2), the President shall  
201(6) Paragraph 76.03(12)(a) of the Act is amended by striking out "or" at the end of 
subparagraph (i) and by adding the following after subparagraph (ii):  
(iii) in respect of which it terminated an expiry review under subsection (2); or  
201(7) Paragraph 76. 03(13) (a) of the Act is replaced by the following:  
(a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) 
amending the order or finding under review, if that order is made on or after the day on 
which the review is initiated under subsection (1) but before the day on which the order of 
the Tribunal is made un der subsection (12); and  G/ADP/N/1/CAN/4/Suppl.5 • G/SCM/N/1/CAN/4/Suppl.4 • G/SG/N/1/CAN/3/Suppl.3  
 
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  201(8) Subsection 76.03(14) of the Act is replaced by the following:  
Expiry of anti -circumvention order  
(14)  An order made as a result of a decision by the President setting out a finding of 
circumvention or an interim review decis ion of the President relating to a finding of 
circumvention, other than an order rescinding the extension of duties or exempting an 
exporter from the extension of duties, expires on the day on which the Tribunal makes an 
order under subsection (12).  
202 Paragraph (g) of the definition definitive decisions in subsection 77.01(1) of the 
Act is replaced by the following:  
(g) an order of the Tribunal under subsection 76.01(4),  
203 Paragraph (g) of the definition definitive decision in subsection 77.1(1) of the Act 
is replaced by the following:  
(g) an order of the Tribunal under subsection 76.01(4),  
204 Section 88.1 of the Act is repealed.  
205 Paragraph 96.1(1)(d) of the Act is replaced by the following:  
(d) an order of the Tribunal under subsection 76.01(4);  
206 Subparagraph 97(1)(a.1)(v) of the Act is replaced by the following:  
(v) whether a change in a pattern of trade is caused by the imposition of an anti -dumping 
or countervailing duty, and  
Transitional Provisions  
Definitions  
207(1)  The following definitions apply in this section and sections 208 to 211.  
commencement day  means the day on which this Act receives royal assent. ( date de 
référence ) 
former Act  means the Special Import Measures Act  as it read on the day before the 
commencement day.  (ancienne loi ) 
Words and expressions  
207(2)  Words and expressions used in sections 208 to 211 have the same meaning as in 
the Special Import Measures Act . 
Disposition of complaints  
208 If, before the commencement day, the President receives a written complaint 
respecting the dumping or subsidizing of goods under subsection 31(1) of the 
former Act, any proceeding, process or action in respect of the complaint is to be 
continued and disposed of in accordance with that Act.  G/ADP/N/1/CAN/4/Suppl.5 • G/SCM/N/1/CAN/4/Suppl.4 • G/SG/N/1/CAN/3/Suppl.3  
 
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  Anti-circumvention complaints  
209 If, before the commencement day, the President receives a written complaint 
under subsection 72(1) of the former Act respecting the circumvention of an order 
or finding of the Tribunal, or an order of the Governor in Council imposing a 
countervailing du ty under section 7 of that Act, any proceeding, process or action 
in respect of the complaint is to be continued and disposed of in accordance with 
that Act.  
Interim reviews — on request  
210(1)  If, before the commencement day, the Tribunal receives a reque st to conduct an 
interim review of an order or finding, or any aspect of an order or finding, under 
subsection 76.01(1) of the former Act, any interim review is to be initiated — or, if 
already initiated, continued — and disposed of in accordance with that  Act. 
Interim reviews — Tribunal 's initiative  
210(2)  If, before the commencement day, the Tribunal initiates, on its own initiative, an 
interim review of an order or finding, or any aspect of an order or finding, under 
subsection 76.01(1) of the former Act , the interim review is to be continued and 
disposed of in accordance with that Act.  
Expiry reviews  
211 If, before the commencement day, a notice of expiry respecting an order or finding 
has been published under subsection 76.03(2) of the former Act, any expiry review 
in respect of the order or finding is to be initiated — or, if already initiated, 
continued — and disposed of in accordance with that Act.  
Canadian International Trade Tribunal Act  
212 Subsection 2(1) of the Canadian International Trade T ribunal Act is amended by 
adding the following in alphabetical order:  
trade union  means an employee organization that has been certified under federal or 
provincial law, or recognized by the employer, as a bargaining agent;  (syndicat ) 
213 Paragraph 16(b) of the Act is replaced by the following:  
(b) consider complaints and extension requests filed with the Tribunal under this Act by 
domestic producers of like or directly competitive goods or by trade unions whose members 
are engaged in the C anadian production of like or directly competitive goods and, if 
appropriate, conduct inquiries into the complaints and extension requests and report on 
them;  
214(1)  Subsection 23(1) of the Act is replaced by the following:  
Filing of complaint  
23 (1) Any o f the following may file a written complaint with the Tribunal alleging that goods 
are being imported into Canada in such increased quantities and under such conditions as 
to cause or threaten serious injury to domestic producers of like or directly compet itive 
goods:  
(a) a domestic producer of the like or directly competitive goods;  
 
(b) a person or association acting on behalf of the domestic producer;  
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  (c) a trade union whose members are engaged in the Canadian production of the 
like or directly competitive goods.  
214(2)  Paragraphs 23(2)(b) and (c) of the Act are replaced by the following:  
(b) in the case of a complaint filed by or on behalf of a domestic producer, state an estimate 
of the total percentage of Canadian production of the like or directly competitive g oods that 
is produced by the producer;  
(b.1)  in the case of a complaint filed by a trade union,  
(i) state an estimate of the total percentage of Canadian production of the like or 
directly competitive goods that is produced by its members, and  
 
(ii) provide evidence that one or more domestic producers of the like or directly 
competitive goods support the complaint and state an estimate of the total 
percentage of Canadian production of the like or directly competitive goods that 
is produced by those producers;  and 
(c) make any other representations that the complainant considers relevant to the matter.  
214(3)  Paragraph 23(3)(a) of the English version of the Act is replaced by the following:  
(a) such information as is available to the complainant to prove the fa cts referred to in 
paragraph (2)  (a) and to substantiate the estimates referred to in paragraph (2)(b) or (b.1); 
and 
215 Paragraph 26(1)  (b) of the Act is replaced by the following:  
(b) that the complaint is made by or on behalf of, or with the support of,  domestic producers 
who produce a major proportion of domestic production of the like or directly competitive 
goods; and  
216 Section 30.04 of the Act is amended by adding the following after subsection (1):  
 
Requests — trade unions  
(1.1)  An extension request may also be filed by a trade union whose members are engaged 
in the Canadian production of the like or directly competitive goods.  
217(1)  Paragraphs 30. 05(1) (b) and (c) of the Act are replaced by the following:  
(b) in the case of an ext ension request filed by or on behalf of a domestic producer, state 
an estimate of the total percentage of Canadian production of the like or directly competitive 
goods that is produced by the producer;  
(b.1)  in the case of an extension request filed by a t rade union,  
(i) state an estimate of the total percentage of Canadian production of the like or 
directly competitive goods that is produced by its members, and  
 
(ii) provide evidence that one or more domestic producers of the like or directly 
competitive goods support the request and state an estimate of the total 
percentage of Canadian production of the like or directly competitive goods that 
is produced by those producers; and  
(c) make any other representations that the requester considers relevant to the matt er. 
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  217(2)  Paragraph 30. 05(2) (a) of the English version of the Act is replaced by the 
following:  
(a) such information as is available to the requester to prove the facts referred to in 
paragraph (1) (a) and to substantiate the estimates referred to in p aragraph (1)(b) or (b.1); 
and 
218 Paragraph 30.07(1)(b) of the Act is replaced by the following:  
(b) that the extension request is made by or on behalf of, or with the support of, domestic 
producers who produce a major proportion of domestic production of the like or directly 
competitive goods.  
219 Paragraph 39(1)(c) of the Act is replaced by the following:  
(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 filed under subsection 30.04(1) or (1.1) or 30.25(3); and  
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  REGULATIONS AMENDING THE SPECIAL IMPORT MEASURES REGULATIONS AND 
THE CANADIAN INTERNATIONAL TRADE TRIBUNAL REGULATIONS  
Special Import Measures Act  
SPECIAL IMPORT MEASURES REGULATIONS  
1 (1)  Subparagraph 37.1(1)(c)(ii) of the Special Import Measures Regulations  is 
replaced by the following:  
(i.1) any actual or potential negative effects on employment levels or the terms and 
conditions of employment of the persons employed in the domestic industry, including their 
wages, hours worked, pension plans, benefits or worker training and safety,  
(ii) any actual or potential negative effects on cash flow, inventories, growth or the ability 
to raise  capital,  
1 (2)  Paragraph 37.1(2)(g) of the Regulations is replaced by the following:  
(g) the actual and potential negative effects on existing development and production efforts, 
including effects on hiring and on efforts to produce a derivative or more advanced version 
of like goods;  
2 (1)  Paragraph 37.2(1)(h) of the Regulations is replaced by the following:  
(h) any changes in market conditions domestically or internationally, including changes in 
the supply of and demand for the goods, in sources of im ports into Canada, in prices, in 
employment levels, in the terms or conditions of employment, in market share and in 
inventories;  
2 (2)  Paragraph 37.2(1)(j) of the Regulations is replaced by the following:  
(j) any other factor pertaining to the current or  likely behaviour or state of a foreign 
government or of the domestic or international economy, market for goods or industry as a 
whole or in relation to workers or individual producers, exporters, brokers or traders.  
2 (3)  Paragraph 37.2(2)(e) of the Reg ulations is replaced by the following:  
(e) the likely impact of the dumped or subsidized goods on domestic industry if the order or 
finding is allowed to expire, having regard to all relevant economic factors and indices, 
including  
(i) any potential decline in output, sales, market share, profits, productivity, return 
on investments or utilization of production capacity,  
 
(ii) any potential negative effects on cash flow, inventories, growth or the ability to 
raise capital, and  
 
(iii) any potential negative effec ts on employment levels or the terms and conditions 
of employment of the persons employed in the domestic industry, including their 
wages, hours worked, pension plans, benefits or worker training and safety;  
2 (4)  Paragraph 37.2(2)(g) of the Regulations is replaced by the following:  
(g) the potential negative effects of the dumped or subsidized goods on existing 
development and production efforts, including effects on hiring and on efforts to produce a 
derivative or more advanced version of li ke goods;  G/ADP/N/1/CAN/4/Suppl.5 • G/SCM/N/1/CAN/4/Suppl.4 • G/SG/N/1/CAN/3/Suppl.3  
 
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  2 (5) Paragraph 37.2(2)(k) of the Regulations is replaced by the following:  
(k) any other factor pertaining to the current or likely behaviour or state of the domestic or 
international economy, market for goods or industry as a whole or in relati on to workers or 
individual producers, exporters, brokers or traders.  
3 (1)  The portion of section 57.16 of the Regulations before paragraph (a) is replaced 
by the following:  
57.16 For the purpose of paragraph 71(c) of the Act, the following factors may be  considered 
in determining whether the change in trade pattern is caused by the imposition of 
anti-dumping or countervailing duties:  
3 (2)  Section 57.16 of the Regulations is amended by striking out "and" at the end of 
paragraph (e) and by adding the following after that paragraph:  
(e.1) any economic or commercial factors that are unrelated to the imposition of 
anti-dumping or countervailing duties; and  
Canadian International Trade Tribunal Act  
CANADIAN INTERNATIONAL TRADE TRIBUNAL REGULATIONS  
4 Subsection 5(4) of the Canadian International Trade Tribunal Regulations  is 
replaced by the following:  
(4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all 
relevant economic  factors that have a bearing on domestic producers of like or directly 
competitive goods or on workers producing such goods, including the actual and potential 
changes in the level of production, employment, sales, market share, profits and losses, 
product ivity, return on investments, utilization of production capacity, cash flow, inventories, 
the terms and conditions of employment, growth or ability to raise capital or investments.  
 
 
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