WORLD TRADE
ORGANIZATIONG/ADP/N/1/CAN/3/Add.1
G/SCM/N/1/CAN/3/Add.1
2 October 2000
(00-3985)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English/
French
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
CANADA
Addendum
The following communication, dated 13 September 2000, has been received from the
Permanent Mission of Canada.
_______________
TABLE OF CONTENTS
Page
SPECIAL IMPORT MEASURES ACT ........................................................................................... 3
REGULATIONS AMENDING THE SPECIAL IMPORT MEASURES
REGULATIONS ............................................................................................................................... 36
RULES AMENDING THE CANADIAN INTERNATIONAL TRADE
TRIBUNAL RULES ......................................................................................................................... 44
In accordance with its obligations under Articles 18.5 and 32.6 of the Agreement on
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement
on Subsidies and Countervailing Measures respectively, the Government of Canada is pleased to
inform of changes to its laws and regulations that came into effect 15 April 2000.
The key elements of the changes include the following:
(1) assignment of responsibility to the Canadi an International Trade Tribunal (CITT) for
preliminary determinations of injury, retardatio n or threat of injury to Canadian industry
caused by the dumping or subsidizing of goods;
(2) provisions governing the disclosure of confidential information by the Commissioner of the
Canada Customs and Revenue Agency (CCRA) to counsel for parties in dumping and subsidy
investigations, and new penalties for the unauthorized use of that information;
(3) provisions governing the disclosure of confidential information by the CITT to expert
witnesses in proceedings related to dumping and subsidy investigations, and new penalties for
the unauthorized use of that information;G/ADP/N/1/CAN/3/Add.1
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(4) provisions governing the consideration, revi ew and termination of undertakings by the
Commissioner of CCRA;
(5) provisions governing the initiation and conduct of public interest inquiries in respect of CITT
findings, including provisions enabling the Tr ibunal to recommend a lesser anti-dumping or
countervailing duty sufficient to eliminate inju ry, retardation or the threat of injury to
Canadian industry; and
(6) provisions governing the conduct of interi m and expiry reviews of existing orders and
findings, including the assignment of responsibility to the Commissioner of CCRA for expiryreview determinations as to the likelihood of the continuation or resumption of dumping or
subsidizing goods.
The changes are contained in the following legal instruments, copies of which are attached:
(a) An Act to Amend the Special Import Measures Act and Canadian International Trade
Tribunal Act, 1999, Statutes of Canada, chapter 12;
(b) Regulations Amending the Special Impor t Measures regulations, SOR/2000-138; and
(c) Rules Amending the Canadian Intern ational Trade Tribunal Rules, SOR/2000-139.G/ADP/N/1/CAN/3/Add.1
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An Act to amend the Special Import Measures Act and the Canadian
International Trade Tribunal Act
Her Majesty, by and with the advice and consent of the Senate and House o f
Commons of Canada, enacts as follows:
R.S., c. S-15; R.S.,
c. 23 (1st Supp.), c.1 (2nd Supp.), c. 41(3rd Supp.), c. 47
(4th Supp.); 1988, c.
65; 1990, c. 8; 1993,c. 44; 1994, cc. 13,47; 1997, c. 14SPECIAL IMPORT MEASURES ACT
1994, c. 47, s.
144(2)1. (1) The definition "order or finding'' in subsection 2(1) of the Specia l
Import Measures Act  is replaced by the following:
"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 o f
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;
1994, c. 47, s.
144(3)(2) The definition "branche de production nationale'' in subsection 2(1) o f
the French version of the Act is replaced by the following:
« branche de
productionnationale »"domestic
industry ''« branche de production nationale » Sauf pour l'application de l'article 31 et sous
réserve du paragraphe (1.1), l'ensemble des producteurs nationaux de
marchandises similaires ou les producteurs nationaux dont la production totale de
marchandises similaires constitue une proportion majeure de la productioncollective nationale des marchandises similaires. Peut toutefois en être exclu le
producteur national qui est lié à un exportateur ou à un importateur de
marchandises sous-évaluées ou subventionnées, ou qui est lui-même un
importateur de telles marchandises.
1994, c. 47, s.
144(2)(3) Subparagraph ( b)(i) of the definition "properly documented'' in
subsection 2(1) of the Act is replaced by the following:
(i) the information that is available to the complainant to support the facts
referred to in subparagraph ( a)(ii),
(4) Paragraph ( b) of the definition "subsidized goods'' in subsection 2(1) o f
the Act is replaced by the following:G/ADP/N/1/CAN/3/Add.1
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(b) goods that are disposed of by the government of a country other than Canada
for less than fair market value,
1994, c. 47, s.
144(2)(5) Paragraph ( a) of the definition "subsidy'' in subsection 2(1) of the Act is
replaced by the following:
(a) a financial contribution by a government of a country other than Canada in
any of the circumstances outlined in subsection (1.6) that confers a benefit 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 countryof 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 o
f
remission, refund or drawback,
(ii) energy, fuel, oil and catalysts that are used or consumed in the production o f
exported goods and that have been exempted 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
(6) Subsection 2(1) of the Act is amended by adding the following in
alphabetical order:
"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;
1994, c. 47, s.
145(1)2. (1) The portion of subsection 3(1) of the Act before paragraph ( a) is
replaced by the following:
Anti-dumping and
countervailing
duty3. (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 thedumping or subsidizing of goods of the same description has caused injury or
retardation, is threatening to cause injury or would have caused injury or
retardation except for the fact that provisional duty was applied in respect of the
goods, a duty as follows:G/ADP/N/1/CAN/3/Add.1
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1994, c. 47, s.
145(2)(2) Subsection 3(2) of the Act is replaced by the following:
Duty whereundertaking
violated(2) If the Tribunal has made an order or finding referred to in subsection (1) in
respect of goods that are subject to an undertaking referred to in section 7.1 and
the undertaking 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).
1993, c. 44, s. 202 3. (1) The portion of subsection 8(1.1) of the Act before paragraph ( a) is
replaced by the following:
Duty imposed on
referral back (1.1) If an order or finding of th e Tribunal under subsection 43(1), 76.02(4)
respecting a review under subsection 76.02(1), or 91(3), other than an order or
finding 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 preliminary
determination is made under subsection 38(1) and ending on the day on whichthe Tribunal makes an order or finding, on the referral back, with respect to
goods of that description, shall, on de mand of the Deputy Minister for payment
of provisional duty on the imported goods, at the option of the importer,
(2) Section 8 of the Act is amended by adding the following after subsection
(1.1):
Imposition of
provisional dutieson referral backfrom Federal Courtof Appeal(1.2) If an order or finding of the Tribunal under subsection 43(1), 76.02(4)
respecting a review under subsection 76.02(1), or 91(3), other than an order or
finding 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 o f
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 under subsection 38(1) is made 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, on de mand of the Deputy Minister for payment
of provisional duty on the imported goods, at the option of the importer,
(a) pay or cause to be paid on the imported goods provisional duty in an amount
not greater than the estimated margin of dumping of, or the estimated amount o f
subsidy on, the imported goods; orG/ADP/N/1/CAN/3/Add.1
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(b) post or cause to be posted security 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.
1988, c. 65, s. 26(2) (3) The portion of subsection 8(2) of the Act before paragraph ( a) is replaced
by the following:
Return of
provisional duty(2) Any provisional duty paid or security posted under subsection (1), (1.1) or
(1.2) by or on behalf of an importer in respect of the importation of dumped or
subsidized goods of any description shall
1994, c. 47, s.
149(4)(4) The portion of subsection 8(6) of the Act before paragraph ( a) is replaced
by the following:
Resumption of
collection(6) If the Deputy Minister terminates an undertaking under subsection 51(1) or
52(1) with respect to dumped or subsidized goods, the collection of provisionalduties on those goods is resumed and the importer of dumped or subsidized
goods that 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 undertaking was terminated and ending
on the earlier of
1993, c. 44, s. 206 4. Subsection 9.4(1) of the Act is replaced by the following:
Duty reimposed on
referral back9.4 (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 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
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
made, shall pay or cause to be paid duty on the imported goods as if the rescinded
order or finding had not been rescinded.
5. Subsection 12(2) of the Act is replaced by the following:
Return of duty (2) If the Deputy Minister is satisfied that, because of a clerical or arithmetical
error, an amount has been paid as duty in respect of goods that was not properly
payable, the Deputy Minister shall return that amount to the importer or owner o f
the goods by or on whose behalf it was paid.
1994, c. 47, s. 151 6. (1) Subsection 13.2(1) of the Act is replaced by the following:
Request for review 13.2 (1) An exporter to Canada or producer of any goods to which an order or
finding referred to in section 3 applies may request that the Deputy Minister
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 with 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); andG/ADP/N/1/CAN/3/Add.1
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(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 information in relation to those goods or in relation
to any goods that are of the same description as those goods for the purposes o f
this Act.
1994, c. 47, s. 151 (2) Subsection 13.2(5) of the Act is replaced by the following:
Confirmation, etc.,
deemed to be a re-
determination(5) A confirmation or amendment of a normal value, export price or amount o f
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.
7. Section 20 of the Act is renumbered as subsection 20(1) and is amended by
adding the following:
Limitation (2) The Deputy Minister 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 Deputy Minister is of the opinion that those goods are not dumped
goods; or
(b) in the opinion of the Deputy Minister, the price of the like goods imported
into Canada has been significantly influenced by a country described in
paragraphs (1)( a) and ( b).
8. (1) The portion of subsection 21(1) of the Act before paragraph ( a) is
replaced by the following:
Credit sales o f like
goods21. (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 purpose of that provision, to be an amount equal to the quotient obtained
when
(2) Section 21 of the Act is amended by adding the following after
subsection (1):
Adjustment of unit
price(1.1) The unit price arrived at under subsection (1) shall be adjusted in the
prescribed manner and circumstances to reflect the differences in terms andconditions 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.
9. Paragraph 26( a) of the Act is replaced by the following:
(a) the indemnity, payment or reimbursement is deemed not to be a
compensatory arrangement referred to in subparagraph 25(1)( b)(ii); andG/ADP/N/1/CAN/3/Add.1
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10. Section 27 of the Act is amended by adding the following after
subsection (1):
Adjustment of unit
price(1.1) The unit price arrived at under subsection (1) shall be adjusted in the
prescribed manner and circumstances.
11. Paragraph 30(2)( b) of the Act is replaced by the following:
(b) would, but for this section, have a normal value as computed under sections
15 to 23 or section 29 that is less than the normal value would be if the country o f
export were the country of origin,
1994, c. 47, s. 159 12. Section 30.1 of the Act is replaced by the following:
Determination of
margin of dumpingin respect of acountry30.1 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 dumping
determined in accordance with section 30.2.
1994, c. 47, s. 159 13. Subsections 30.2(1) and (2) of the English version of the Act are replacedby the following:
Margin of dump ing
re goods of anexporter30.2 (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 theweighted average export price of the goods from the weighted average normal
value of the goods, whichever is greater.
If variation in price (2) The Deputy Minister may determine th e margin of dumping in relation to any
goods of a particular exporter to be the weighted average of the margins o f
dumping in relation to the goods of that exporter that are sold in any individualsales of goods of that exporter that the Deputy Minister considers relevant if, inthe opinion of the Deputy Minister, there are significant variations in the prices o
f
goods of that exporter among purchasers, regions in Canada or time periods.
1994, c. 47, s. 159 14. Subsection 30.3(1) of the Act is replaced by the following:
Margin of dumping
based on sample30.3 (1) The Deputy Minister may, if the Deputy Minister is of the opinion that it
would be impracticable to determine a ma rgin 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 o f
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 Deputy Minister, 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 Deputy Minister based on the
information available at the time of selection, are statistically valid.G/ADP/N/1/CAN/3/Add.1
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1994, c. 47, s. 160 15. (1) Subsections 31(2) and (3) of the Act are replaced by the following:
Standing (2) No investigation may be initiated under 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
(b) the production of the domestic producers who support the complaint
represents twenty-five per cent or more of the total production of like goods by
the domestic industry.
Meaning of
"domesticproducers''(2.1) For the purpose of paragraph (2)( a), if a domestic producer is an importer
of, or is related to an exporter or importer of, allegedly dumped or subsidized
goods, "domestic producers'' may, subject to subsection 2(1.1), be interpreted as
meaning the rest of those domestic producers.
Meaning of
"domesticindustry''(3) In paragraph (2)( b), domestic industry means, subject to subsection 2(1.1), the
domestic producers as a whole of the like goods except that, if a domestic
producer is related to an exporter or importer of allegedly dumped or subsidized
goods, or is an importer of such goods, "domestic industry'' may be interpreted as
meaning the rest of those domestic producers.
1994, c. 47, s. 160 (2) The portion of subsection 31(4) of the Act before paragraph ( a) is
replaced by the following:
Producers related
to exporters orimporters(4) For the purposes of subsections (2.1) and (3), a domestic producer is related
to an exporter or importer if
R.S., c. 47 (4th
Supp.), s. 52 (Sch.,item 10(3))16. Subsection 32(3) of the Act is replaced by the following:
Deemed complaint (3) If a written complaint filed with the Tribunal under subsection 23(1) of the
Canadian International Trade Tribunal Act  is referred to the Deputy Minister
under subsection 26(4) or 28(1) of that Act, the Deputy Minister is deemed to
have received a written complaint described in subsection (1).
1994, c. 47, ss. 164,
16517. Sections 34 and 35 of the Act are replaced by the following:
Notice ofinvestigation 34. (1) If the Deputy Minister causes an investigation to be initiated respecting
the dumping or subsidizing of goods, the Deputy Minister shall
(a) in the case of an investigation initiated under any provision of this Act other
than section 7, cause notice of the investigationG/ADP/N/1/CAN/3/Add.1
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(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 the 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 after receipt by the Secretary under
subparagraph (1)( a)(i) of a notice of an initiation of an investigation, make a
preliminary inquiry (which need not incl ude an oral hearing) into whether the
evidence discloses a reasonable indication that the dumping or subsidizing of the
goods has caused injury or retardation or is threatening to cause injury.
Termination of
investigation orinquiry35. (1) The Deputy Minister shall act under subsection (2) and the Tribunal shall
act under subsection (3) if, at any time before the Deputy Minister makes apreliminary determination under subsection 38(1) in respect of goods of a country
or countries,
(a) the Deputy Minister is satisfied in respect of some or all of those goods that
(i) there is insufficient evidence of dumping 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 respect 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 retardation or is threatening tocause injury.
Duty of Deputy
Minister(2) The Deputy Minister shall
(a) cause the investigation to be terminated with respect to the goods in respect o f
which the Deputy Minister is so satisfied or the Tribunal 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 .
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(a) cause the preliminary inquiry to be terminated with respect to the goods in
respect of which the Deputy Minister is so satisfied or the Tribunal has come to
that conclusion; and
(b) cause notice of the termination to be
(i) given to the Deputy Minister, 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 .
1997, c. 14, s. 90 18. (1) Subsection 35.1(1) of the Act is amended by striking out the word
"and'' at the end of paragraph ( a) and by replacing paragraph ( b) with the
following:
(b) the Tribunal shall cause any preliminary inquiry initiated under subsection
34(2) to be terminated to the extent that it relates to the dumping of those goods;
and
(c) all related proceedings are terminated to the extent that they relate to the
dumping of those goods.
1997, c. 14, s. 90 (2) The portion of subsection 35.1(2) of the Act before paragraph ( a) is
replaced by the following:
Notice of
termination(2) The Deputy Minister or the Tribunal, as the case may be, shall cause notice o f
the termination
1994, c. 47, s. 165 19. Section 36 of the Act is repealed.
20. The portion of section 37 of the Act before paragraph ( a) is replaced by
the following:
Tribunal to give
advice37. If a reference is made to the Tribunal under section 33 on any question in
relation to any matter before the Deputy Minister,
21. The heading before section 38 of the Act is replaced by the following:
Preliminary Determination of Injury or of Dumping or Subsidizing
Preliminary
determination ofinjury37.1 (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 whichthe investigation has not been terminated under section 35, a preliminary
determination that there is evidence that discloses a reasonable indication that the
dumping or subsidizing has caused injury or retardation or is threatening to cause
injury.
Notification (2) The Tribunal shall cause notice of the preliminary determination to beG/ADP/N/1/CAN/3/Add.1
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(a) given to the Deputy Minister, the exporter, the importer, the government o f
the country of export, the complainant, if any, and any prescribed persons; and
(b) published in the Canada Gazette .
1994, c. 47, s.
166(1)22. (1) The portion of subsection 38(1) of the Act before paragraph ( a) is
replaced by the following:
Preliminary
determination of
dumping orsubsidizing38. (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 Deputy Minister shall
make a preliminary determination of dumping or subsidizing with respect to thegoods 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 which the investigation is made, as follows:
(2) Paragraph 38(1)( c) of the English version of the Act is replaced by the
following:
(c) in the case of dumped or subsidized goods, specifying the name of the person
the Deputy Minister believes, on the information available to the Deputy Minister
at the time the Deputy Minister makes the estimate referred to in subparagraph(a)(i) or ( b)(i), as the case may be, is the importer in Canada of the goods.
1994, c. 47, para.
186(a)23. The portion of subsection 39(1) of the Act before paragraph ( a) is
replaced by the following:
Time extended 39. (1) If, in any investigation respecting the dumping or subsidizing of goods,
the Deputy Minister, 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
24. Section 40 of the Act is repealed.
1994, c. 47, s.
167(1)25. (1) The portion of subsection 41(1) of the Act before paragraph ( a) is
replaced by the following:
Final determination
or termination41. (1) Within ninety days after making a preliminary determination under
subsection 38(1) in respect of goods of a country or countries, the DeputyMinister shall
1994, c. 47, s.
167(1)(2) The portion of paragraph 41(1)( a) of the Act before subparagaph (iii) is
replaced by the following:
(a) if, on the available evidence, the Deputy Minister 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/3/Add.1
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make a final determination of dumping 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:
(3) Subsection 41(2) of the Act is replaced by the following:
Exception (2) The Deputy Minister shall not specify anything under clause (1)( a)(iv)(C) i f
the Deputy Minister is of the opinion that, having regard to the country that is
providing the export subsidy, the nature of the goods and the circumstances under
which the export subsidy is provided, provision of the export subsidy in relationto those goods is not inconsistent with that country's obligations under the
international agreement known as the General Agreement on Tariffs and Trade,
1994.
1994, c. 47, s. 169 26. (1) The portion of subsection 42(3) of the Act before paragraph ( a) is
replaced by the following:
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 o f
goods to which the preliminary determination applies that are imported into
Canada from more than one country if the Tribunal is satisfied that
1994, c. 47, s. 169 (2) Paragraph 42(3)( b) of the French version of the Act is replaced by the
following:
b) l'évaluation des effets cumulatifs est indiquée compte tenu des conditions de
concurrence entre les marchandises, visées par la décision provisoire, importées
au Canada en provenance d'un ou de plusieurs de ces pays et :
(i) soit les marchandises, visées par la décision provisoire, importées au Canada
en provenance d'un ou de plusieurs autres de ces pays,
(ii) soit les marchandises similaires des producteurs nationaux.
(3) Section 42 of the Act is amended by adding the following after
subsection (4):
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 terminate its inquiry in respect o f
those goods.
(4) Section 42 of the Act is amended by adding the following after
subsection (5):
Volume of
dumped or
subsidized goods(6) For the purposes of this section, the volume 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.G/ADP/N/1/CAN/3/Add.1
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27. Section 45 of the Act is replaced by the following:
Initiation of
inquiry ifimposition of dutynot in public
interest45. (1) If, as a result of an inquiry referred to in section 42 arising out of the
dumping or subsidizing of any goods, th e Tribunal makes an order or finding
described in any of sections 3 to 6 with respect to those goods, the Tribunal 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 there 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 o f
such a duty in the full amount provided for by any of sections 3 to 6, in respect o f
the goods would not or might not be in the public interest, the Tribunal shallwithout 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 that caused it to be of thatopinion; 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 might 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
(b) a price or prices that are adequate to eliminate injury, retardation or the threat
of injury to the domestic industry.
Persons interested
may makerepresentations(6) If a person interested in a public interest inquiry makes a request to the
Tribunal within the prescribed period and in the prescribed manner for anopportunity to make representations to the Tribunal on the question whether the
Tribunal should make a report 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.G/ADP/N/1/CAN/3/Add.1
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1993, c. 44, s. 210;
1997, c. 14, s. 9128. Subsection 47(1) of the Act is replaced by the following:
Termination of
proceedings47. (1) An order or finding made by the Tribunal 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, other than proceedings under Part I.1 or II or subsection
76.02(1) or (3).
29. Section 49 of the Act is amended by adding the following after subsection
(4):
Consideration of
representations(5) In considering whether to accept an undertaking, the Deputy Minister shall
consider any representations received from the importer, exporter, government o f
the country of export or any other interested person.
30. The Act is amended by adding the following after section 51:
Acceptance of
further
undertakings51.1 If an investigation has been suspended under subparagraph 50( a)(iii), the
Deputy Minister may accept an undertaking in respect of dumped or subsidized
goods from an exporter or government that had not previously offered anundertaking in respect of the goods that was accepted by the Deputy Minister
under subsection 49(1) if the Deputy Minister is of the opinion that observance o
f
the undertaking will not cause
(a) if the undertaking is given by an exporter, the price at which the goods are
sold to importers in Canada by the exporter to increase by more than the
estimated margin of dumping of the goods or the estimated amount of subsidy on
the goods; or
(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 estimated amount of subsidy on thegoods.
1994, c. 47, s. 174 31. (1) Paragraphs 52(1)( b) and ( c) of the Act are replaced by the following:
(b) is satisfied that the undertaking or undertakings 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 undertakings would not have been accepted
if the circumstances prevailing at that time had prevailed when the  undertakingwas accepted,
1994, c. 47, s. 174 (2) Paragraph 52(1.1)( a) of the Act is amended by adding the word "or'' at
the end of subparagraph (i), by striking out the word "or'' at the end o f
subparagraph (ii) and by re pealing subparagraph (iii).G/ADP/N/1/CAN/3/Add.1
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1994, c. 47, s. 174 (3) Paragraph 52(1.1)( c) of the Act is replaced by the following:
(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 finding with
respect to the goods or the order or finding has been deemed to be rescinded
under subsection 76.03(1),
1994, c. 47, s. 174 (4) Subsection 52(1.2) of the Act is replaced by the following:
Termination if
conditions no longerexist(1.2) Unless the Tribunal has made an order or finding under subsection 43(1)
that the dumping or subsidizing of the goods to which the preliminarydetermination applies 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 subsection 76.03(1), the
Deputy Minister shall terminate the undertaking or undertakings if, at any timeafter accepting the undertaking or undertakings, the Deputy Minister 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.
1994, c. 47, s. 17532. (1) The portion of subsection 53(1) of the Act before paragraph ( a) is
replaced by the following:
Review and
renewal of
undertaking byDeputy Minister53. (1) Unless the Tribunal has made an order or finding under subsection 43(1)
that the dumping or subsidizing of the goods to which the preliminary
determination applies has caused injury or retardation or is threatening to causeinjury 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 subsection 76.03(1), the
Deputy Minister shall review the undertaking before the expiry of five years after
the date on which it was accepted and before the expiry of each subsequent
period, if any, for which it is renewed under this section and if, on the review, the
Deputy Minister is satisfied
(2) Subsection 53(2) of the Act is replaced by the following:
Expiry of
undertaking(2) An undertaking expires immediately after the Deputy Minister decides under
subsection (1) not to renew it.
R.S., c. 1 (2nd
Supp.), s. 204; 1993,
c. 44, s. 21333. Section 57 of the Act is replaced by the following:
Review bydesignated officer 57. Unless the Deputy Minister has previously re-determined under section 59 a
determination referred to in subsection 56(1) or (2) or the determination 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 officer may re-determine the determination
(a) in accordance with a request made under subsection 56(1.01) or (1.1); orG/ADP/N/1/CAN/3/Add.1
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Page 17
(b) if the designated officer deems it advisable, within two years after the
determination.
1993, c. 44, s.
215(1)34. (1) The portion of subsection 59(1) of the Act before paragraph ( a) is
replaced by the following:
Permissive re-
determination59. (1) Subject to subsection (3), the Deputy Minister 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
(2) Paragraph 59(1)( c) of the Act is replaced by the following:
(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;
(3) Section 59 of the Act is amended by adding the following after
subsection (1):
Re-determination
of re-determination(1.1) The Deputy Minister 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-determination
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 the 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.
1993, c. 44, s.
215(2)(4) Subsection 59(2) of the English version of the Act is replaced by the
following:
Permissive re-
determination(2) The Deputy Minister may re-determine any determination or re-determination
referred to in section 55, 56 or 57 or made under this section in respect of anyimported 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.
1993, c. 44, s.
215(2)(5) Subsection 59(3.1) of the French version of the Act is replaced by the
following:
Avis de la nouvelle
décision(3.1) Le sous-ministre fait donner, par courrier recommandé, avis de la décision
issue d'un réexamen à l'importateur et, dans le cas de marchandises d'un pays
ALÉNA, au gouvernement du pays ALÉNA en question et à toute autre personne
désignée par règlement, ainsi qu'au secrétaire canadien lorsque la nouvelledécision donne effet à celle rendue par un groupe spécial sous le régime de la
partie I.1.G/ADP/N/1/CAN/3/Add.1
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1988, c. 65,
s. 40(3)(6) Subsection 59(4) of the French version of the Act is replaced by the
following:
Avis de la nouvelle
décision(4) Le sous-ministre fait donner, par courrier recommandé, avis de la décision
issue d'un réexamen à l'importateur et, dans le cas de marchandises des États-
Unis, au gouvernement des États-Unis et à toute autre personne désignée par
règlement, ainsi qu'au secrétaire canadien lorsque la nouvelle décision donne
effet à celle rendue par un groupe spécial sous le régime de la partie II.
R.S., c. 47 (4th
Supp.), s. 52 (Sch.,item 10(6))35. Subsection 61(2) of the Act is replaced by the following:
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 daysbefore the day of the hearing may be heard on the appeal.
R.S., c. 47 (4th
Supp.), s. 52 (Sch.,item 10(9)); 1988,c. 65, s. 41(2); 1993,
c. 44, s. 21736. Section 76 of the Act and the heading before it are replaced by the
following:
Review of Orders and Findings
Judicial Review
Application for
judicial review76. 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) o f
the Federal Court Act .
Review of Orders and Findings by Tribunal
Interim review of
orders by Tribunal76.01 (1) At any time after the making of an order or finding described in any o f
sections 3 to 6, the Tribunal may, on its own initiative or at the request of the
Minister of Finance, the Deputy Minister or any other person or of anygovernment, conduct an interim review of
(a) the order or finding; or
(b) any aspect of the order or finding.
Tribunal may re-
hear any matter(2) In conducting an interim review, the Tribunal may re-hear any matter before
deciding it.
Limitation (3) The Tribunal shall not conduct an interim review at the request of any personor government unless the person or government satisfies the Tribunal that the
review is warranted.G/ADP/N/1/CAN/3/Add.1
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Page 19
Order if interim
review notinitiated(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 theCanada 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 rescinding 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 give reasons for making the order.
Completion of
review(6) On completion of an interim review, the Secretary shall
(a) forward to the Deputy Minister and any other 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 date 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 reviewwas 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).
Review on Referral Back
Review of orders
by Tribunal on
referral back and
re-hearing76.02  (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 Tribunal may, on its own initiative or at the request of the Minister o f
Finance, the Deputy Minister or any other person or of any government, reviewthe 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 the Tribunal that a reviewis warranted.G/ADP/N/1/CAN/3/Add.1
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Page 20
Review of orders
by Tribunal onreferral back andre-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 require,
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 Deputy Minister and the other persons and governments that
are specified by the rules of the Tribunal and, in the case of a review undersubsection (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 .
Expiry Review
Order or finding
deemed to be
rescinded76.03  (1) If the Tribunal has not initiated an expiry review under subsection (3)
with respect to an order or finding descri bed 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 finding 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 the 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; orG/ADP/N/1/CAN/3/Add.1
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Page 21
(b) at the request of the Minister of Finance, the Deputy Minister or any other
person or of any government, if the request is made within the period specified in
the notice of expiry.
Limitation (4) The Tribunal shall not initiate an expiry review at the request of any person orgovernment 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 reasonsto 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 expiry review, the Secretary shall without
delay
(a) cause notice of the Tribunal's decision to be given to
(i) the Deputy Minister, and
(ii) all other persons and governments specified in the rules of the Tribunal;
(b) provide the Deputy Minister with a copy of the administrative record on
which it based its decision to initiate a review 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 Deputy Minister 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
Deputy Minister'sdetermination(8) If the Deputy Minister determines that the expiry of the order or finding in
respect of any goods is unlikely to result in a continuation or resumption o f
dumping or subsidizing, the Tribunal shall not take those goods into account inassessing the cumulative effect of dumping or subsidizing under subsection (11).
Consequences of
Deputy Minister'sdetermination(9) If the Deputy Minister determines that the expiry of the order or finding in
respect of any goods is likely to result in a continuation or resumption o f
dumping or subsidizing, the Deputy Minister shall without delay provide theTribunal with any information and materi al with respect to the matter that is
required under the rules of the Tribunal.G/ADP/N/1/CAN/3/Add.1
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Tribunal's
determination(10) If the Deputy Minister makes a determination 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 o f
the cumulative effect of the dumping or subsidizing of goods to which the
determination of the Deputy Minister described in subsection (9) applies that are
imported into Canada from more than one country if the Tribunal is satisfied that
an assessment of the cumulative effect would be appropriate taking into account
the conditions of competition between goods to which the order or findingapplies 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.
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 th at 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 o
f
goods which it determines that the expiry of the order or finding is likely to result
in injury or retardation.
Separate order or
finding76.04  (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 oneor 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 suspended 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 makes another order
or finding under any of those sections, the Tribunal shall make a separate order orfinding under that section with respect to the goods of the United States.
1994, c. 47, s. 179 37. (1) Paragraph 76.1(1)( a) of the Act is replaced by the following:
(a) the Deputy Minister review any decision, determination or re-determination
or any portion of a decision, determinati on or re-determination made under this
Act; orG/ADP/N/1/CAN/3/Add.1
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1994, c. 47, s. 179 (2) Paragraphs 76.1(2)( a) to ( c) of the Act are replaced by the following:
(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 Deputy Minister or the Tribunal, as the case may be,
considers necessary; or
(c) rescind the decision, determination, re-determination, order or finding and
make any other decision, determination, re-determination, order or finding that
the Deputy Minister or the Tribunal, as the case may be, considers necessary.
1994, c. 47, s. 179 (3) Subsections 76.1(3) and (4) of the English version of the Act are replaced
by the following:
Reasons (3) If a decision, determination, re-determination, order or finding is continuedunder paragraph (2)( a) or ( b) or made under paragraph (2)( c ), the Deputy
Minister 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 andthe country of export, the decision, determination, re-determination, order or
finding applies.
Notification of
Minister ofFinance(4) The Deputy Minister or the Tribunal, as the case may be, shall notify the
Minister of Finance of any decision, determination, re-determination, order orfinding continued under paragraph (2)( a) or ( b) or made under paragraph (2)( c).
1994, c. 47, s. 179 (4) Subsection 76.1(5) of the Act is replaced by the following:
Deeming (5) Any decision, determination or re-determination continued by the Deputy
Minister under paragraph (2)( b) or made by the Deputy Minister 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 Deputy
Minister 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 decision of the Deputy Minister under
that paragraph to cause an investigation to be terminated;
(c) subsection 53(1), if the decision or de termination was continued or made as a
result of a review under this section of a decision of the Deputy Minister 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 DeputyMinister under either of those subsections.G/ADP/N/1/CAN/3/Add.1
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Page 24
1993, c. 44, s. 218 38. (1) The definition "ministre'' in su bsection 77.01(1) of the French version
of the Act is replaced by the following:
« ministre »
"Minister ''« ministre » Le ministre du Commerce international.
1993, c. 44, s. 218 (2) The definition "definitive decision '' in subsection 77.01(1) of the Act is
amended by replacing paragraphs ( g ) to ( i) with the following and by
adding the word "or'' at the end of paragraph ( i.1):
(f.1) a re-determination of the Deputy Minister under subsection 59(1.1),
(g) an order of the Tribunal under subsection 76.01(4) or 76.03(5),
(h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),
(i) an order or finding of the Tribunal under subsection 76.02(4) respecting a
review under subsection 76.02(1),
1993, c. 44, s. 218 39. Subsection 77.012(1) of the Act is replaced by the following:
Applications and
appeals77.012  (1) No person or government may apply under the Federal Court Act  or
section 96.1 of this Act or appeal under section 61 of this Act in respect of adefinitive 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 Deputy Minister 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
(b) unless the person or government has, within twenty days after the day on
which that period commences, given notice of the intention to make such anapplication or appeal in writing to the Canadian Secretary 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.
1988, c. 65, s. 42 40. (1) The definition "ministre'' in su bsection 77.1(1) of the French version
of the Act is replaced by the following:
« ministre »
"Minister ''« ministre » Le ministre du Commerce international.
1988, c. 65, s. 42 (2) The definition "definitive decision '' in subsection 77.1(1) of the Act is
amended by replacing paragraphs (  g) to ( i) with the following and by
adding the word "or'' at the end of paragraph ( i.1):
(f.1) a re-determination of the Deputy Minister under subsection 59(1.1),G/ADP/N/1/CAN/3/Add.1
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(g) an order of the Tribunal under subsection 76.01(4) or 76.03(5),
(h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),
(i) an order or finding of the Tribunal under subsection 76.02(4) respecting a
review under subsection 76.02(1),
1988, c. 65, s. 42 41. Subsection 77.12(1) of the Act is replaced by the following:
Applications and
appeals77.12  (1) No person or government may apply under section 18 or 28 of the
Federal Court 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 Deputy Minister 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 intention to make such an
application or appeal in writing to the Canadian Secretary and the American
Secretary and in the prescribed manne r to any other person who, but for this
section, would be entitled to so apply or appeal.
42. (1) Paragraph 78(1)( a) of the Act is replaced by the following:
(a) in any proceeding undertaken by the Deputy Minister after notice has been
given that the complaint is properly documented but before the initiation of an
investigation or in any investigation under this Act respecting the dumping or
subsidizing of goods, or
(2) The portion of subsection 78(1) of the Act after paragraph ( b) is replaced
by the following:
the Deputy Minister believes on reasonable grounds that any person in Canada is
able to provide evidence relevant to any proceedings undertaken by the Deputy
Minister before the initiation of an investigation, to the investigation or to the
making, for the purpose of facilitating the administration or enforcement of this
Act, of an estimate of the duty that will or may be payable on the goods when
imported into Canada, the Deputy Minister may, by notice in writing, require theperson to provide the Deputy Minister, under oath or otherwise, with the
evidence referred to in the notice.G/ADP/N/1/CAN/3/Add.1
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43. Subsection 81(1) of the Act is replaced by the following:
Recovery of duties
from person otherthan importer81. (1) Notwithstanding anything in this Act, if any duty payable under this Act
in respect of goods has not been paid within thirty days after a demand forpayment of the duty has been made under this Act, the Deputy Minister 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.
44. Subsections 84(2) and (3) of the Act are replaced by the following:
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 Deputy Minister of information for the purposes o f
proceedings before a panel or the Appellate Body established under the
Understanding on Rules and Procedures Governing the Settlement of Disputes set
out in Annex 2 to the WTO Agreement.
Disclosure to
counsel(3) Notwithstanding subsection (1), information to which that subsection applies
that has been provided to the Deputy Minister in any proceedings under this Actshall, on written request and on payment of the prescribed fee, be disclosed by
the Deputy Minister, in the manner and at the time specified by the Deputy
Minister, to counsel for any party to those proceedings or to other proceedings
under this Act arising out of those proceedings for use, notwithstanding any other
Act or law, by that counsel only in those proceedings, subject to any conditions
that the Deputy Minister considers reasonably necessary or desirable to ensure
that the information will not, without the written consent of the person whosubmitted it to the Deputy Minister, be disclosed to any person by counsel in any
manner that is calculated or likely to make it available to
(a) any party to the proceedings or other proceedings, including a party who is
represented by that counsel; or
(b) any business competitor or rival of any person to whose business or affairs the
information relates.
Limitation (3.1) The Deputy Minister may not disclose information under subsection (3) i f
the Deputy Minister is satisfied that the disclosure might result in material harm
to the business or affairs of the person who designated the information as
confidential under paragraph 85(1)( a).G/ADP/N/1/CAN/3/Add.1
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45. The Act is amended by adding the following after section 88:
Prohibition on
disclosure ofinformation88.1 If the Tribunal indicates to the Deputy Minister in writing that subsection
46(1) of the Canadian International Trade Tribunal Act  applies to information
provided to the Deputy Minister 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 employed 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 available for
the use of any business competitor or rival of any person to whose business or
affairs the information relates.
46. Paragraph 89(1)( a) of the Act is replaced by the following:
(a) a determination has been made under section 55 or 56 with respect to the
goods; and
1988, c. 65, s. 44 47. Paragraphs 96.1(1)( d) to ( f) of the Act are replaced by the following:
(c.1) an order or finding of the Tribunal under subsection 43(1);
(d) an order of the Tribunal under subsection 76.01(4) or 76.03(5);
(d.1) a determination of the Deputy Minister under paragraph 76.03(7)( a);
(e) an order or finding of the Tribunal under 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
1993, c. 44, s. 222 48. Subsection 96.21(1) of the French version of the Act is replaced by the
following:
Demande de
révision96.21  (1) Le ministre du Commerce international peut demander, en conformité
avec la législation d'un pays ALÉNA sur la mise en œuvre de l'Accord de libre-
échange nord-américain, la révision d'une décision finale par un groupe spécial
formé en application de cette législation.
1988, c. 65, s. 44 49. Subsection 96.3(1) of the French version of the Act is replaced by thefollowing:
Demande de
révision96.3 (1) Le ministre du Commerce international peut demander, en conformité
avec la législation américaine de mise en  œuvre de l'Accord de libre-échange, larévision d'une décision finale par un groupe formé en application de cette
législation.
50. The Act is amended by adding the following after section 96.3:
Offences
Offence 96.4 (1) Every person commits an offence whoG/ADP/N/1/CAN/3/Add.1
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(a) uses information disclosed to the person by the Deputy Minister 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 Deputy Minister under subsection
84(3).
Punishment (2) Every person who commits an offence 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 this section shall be instituted without
the consent in writing of the Attorney General of Canada.
1994, c. 47,
s. 184(1)51. (1) Paragraphs 97(1)( a.1) and ( b) of the Act are replaced by the
following:
(a.1) respecting the factors that may be considered in determining
(i) the existence of injury, retardation or threat of injury, and(ii) whether the injury, retardation or threat of injury has 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 may be joined and carried on
as one and the persons to whom and the manner in which notice of the joining
shall be given;
1994, c. 47,
s. 184(3)(2) Paragraph 97(1)( e) of the Act is replaced by the following:
(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);
(3) Paragraph 97(1)( f) of the Act is replaced by the following:
(f) defining the expression "an amount for profit'' for the purpose of subparagraph
25(1)( c)(ii) or ( d)(i);
(4) Paragraph 97(1)( g) of the Act is replaced by the following:
(g) defining the expression "person interested'' for the purpose of subsection
45(6) or section 89 or 95;G/ADP/N/1/CAN/3/Add.1
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1994, c. 47, s.
184(5)(5) Paragraph 97(1)( k.2) of the Act is replaced by the following:
(k.2) providing for the manner of making adjustments to export prices and normal
values in situations of fluctuation or sustained movement in the rate of exchange;
(k.3) prescribing the period after which the Deputy Minister may refuse to
consider representations referred to in subsection 49(5);
(k.4) prescribing the factors that the Deputy Minister 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 principal and interest to imported
goods when those amounts include a portion related to charges not directly
associated with the value of the goods; and
Replacement of
"amount of thesubsidy'' with
"amount of
subsidy''52. The English version of the Act is amended by replacing the expression
"amount of the subsidy'' with the expression "amount of subsidy'' in the
following provisions:
(a) section 6;
(b) paragraphs 8(6)( c) and ( d);
(c) paragraph 42(3)( a); and
(d) subparagraph 52(1.1)( a)(ii).
R.S., c. 47 (4th
Supp.); 1988, c. 65;1993, c. 44; 1994,cc. 13, 47; 1996, c.
33; 1997, c. 14canadian international trade tribunal act
53. (1) The definition "Chairman'' in subsection 2(1) of the English version
of the  Canadian International Trade Tribunal Act  is repealed.
(2) Subsection 2(1) of the English version of the Act is amended by adding
the following in alphabetical order:
"Chairperson''
Version anglaiseseulement"Chairperson'' means the Chairperson of the Tribunal;
54. Subsection 3(1) of the English version of the Act is replaced by the
following:
Tribunal
established3. (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/3/Add.1
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55. Subsection 8(1) of the English version of the Act is replaced by the
following:
Absence, etc., of
Chairperson8. (1) In the event of the absence 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
authorized has and may exercise and perform all the powers, duties and functions
of the Chairperson.
56. Subsection 9(1) of the Act is replaced by the following:
Acting after
termination ofappointment9. (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 inconnection with any matter 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.
57. (1) Paragraph 26(5)( a) of the Act is replaced by the following:
(a) the Deputy Minister does not initiate an investigation under that Act
respecting the dumping or subsidizing of the goods that are the subject of the
complaint or initiates such an investigation but terminates the investigation under
section 35 or 41 of that Act; and
(2) Subparagraph 26(5)( b)(ii) of the Act is replaced by the following:
(ii) in the case where the Deputy Minister 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.
58. (1) Paragraph 28(2)( a) of the Act is replaced by the following:
(a) the Deputy Minister does not initiate an investigation under that Act
respecting the dumping or subsidizing of the goods that are the subject of thecomplaint or initiates such an investigation but terminates the investigation under
section 35 or 41 of that Act; and
(2) Subparagraph 28(2)( b)(ii) of the Act is replaced by the following:
(ii) in the case where the Deputy Minister 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.G/ADP/N/1/CAN/3/Add.1
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59. (1) Subsection 45(3) of the Act is replaced by the following:
Disclosure to
counsel andexperts(3) Notwithstanding subsection (1), information to which that subsection applies
that has been provided to the Tribunal in any proceedings before the Tribunalmay be disclosed by the Tribunal to counsel for any party to those proceedings or
to other proceedings arising out of those proceedings or to an expert, acting under
the control or direction of that counsel, for use, notwithstanding any other Act or
law, by that counsel or expert only in those proceedings, subject to any conditions
that the Tribunal considers reasonably necessary or desirable 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 personin 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 on whose behalf the expert is acting; or
(b) any business competitor or rival of any person to whose business or affairs the
information relates.
Disclosure to
Tribunal's experts(3.1) Notwithstanding subsection (1), the Tribunal may disclose information to
which that subsection applies to an expe rt retained by the Tribunal 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 considers reasonably necessary or desirable to ensure
that the information will not, without the written consent of the person who
provided the information to the Tribunal, be disclosed by the expert to any personin 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 any 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 the
Government of Canada that is a party to the proceedings or, in the case o f
subsection (3), other proceedings is not disclosure to a party to those proceedingsfor the purposes of subsection (3) or (3.1).
(2) Section 45 of the Act is amended by adding the following after
subsection (4):
Persons who may
be recognized asexperts(5) In subsections (3) and (3.1), "expert'' includes 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 than persons authorized by the
Governor in Council to exercise the powers and perform the duties of the
Director of Investigation and Research;G/ADP/N/1/CAN/3/Add.1
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Page 32
(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
(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 the Tribunal under subsection (3) or
(3.1).
Punishment (7) Every person who commits an offence 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 subsection (6) shall be instituted withoutthe consent in writing of the Attorney General of Canada.
Bar from
appearingbefore 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.
1994, c. 13, para.
7(1)( a)60. Section 49 of the Act is replaced by the following:
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 Deputy Minister of National Revenue indicates to the Tribunal in writing
that subsection 84(1) of the Special Import Measures Act  applies to information
or 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 possession o f
the information in any manner that is calculated or likely to make it available for
the use of any business competitor or rival of any person to whose business or
affairs the information relates.G/ADP/N/1/CAN/3/Add.1
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Replacement of
"Chairman'' with"Chairperson''61. The English version of the Act is amended by replacing the word
"Chairman'' with the word "Chairperson'' in the following provisions:
(a) section 7;
(b) subsection 8(2);
(c) subsections 9(2) and (3);
(d) subsection 14(2);
(e) subsection 30.11(3);
(f) subsection 33(1); and
(g) subsections 59(1) and (2).
TRANSITIONAL PROVISIONS
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
InternationalTrade TribunalAct''
«  nouvelle Loi sur le
Tribunal canadiendu commerceextérieur  »"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 rules 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 mesuresspécialesd'importation  »"new Special Import Measures Act '' means the Special Import Measures Ac t
as it read on the commencement day.
"old Canadian
International TradeTribunal 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 th e rules and regulations made under the
old Canadian International Trade Tribunal Act  and the regulations made
under the old Special Import Measures Act .G/ADP/N/1/CAN/3/Add.1
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Page 34
"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 Impor t
Measures Act ; and
(b) in the case of an order or finding  made on or after the commencement
day, has the same meaning as in subsection 2(1) of the new Special Impor t
Measures Act .
Disposition of
notifiedcomplaints63. (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, proces s or action in respect of the goods
shall be continued and disposed of in accordance with that Act, the old
Canadian International Trade Tribunal Act  and the old rules and regulations.
Proceedings re
goods subject toorder made aftercommencementday(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 complaint
referred to in subsection (1), any subs equent 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 Specia l
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 rela tion to any of those goods that were
released before the commencement day;
(c) a proceeding, process or action in re lation to any of those goods that were
released on or after the commencement day but on or before the day onwhich the Tribunal made the order or finding; or
(d) a proceeding, process or action under section 45 of the 
Special Impor t
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 o f
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.G/ADP/N/1/CAN/3/Add.1
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Review in
accordance withold Acts, rules andregulations(4) If notice of a review under subsection 76(2) of the old Special Impor t
Measures Act  has been given by the Canadian International 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, rulesand regulations(5) If notice of an interim review under section 76.01 of the new Specia l
Import Measures Act , or an expiry review under section 76.03 of that Act, o f
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 TradeTribunal on or after the commencement day, the review shall be disposed o
f
in accordance with that Act, the new Canadian International Trade Tribuna l
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 Impor t
Measures Act , the Canadian International Trade Tribunal may not be
satisfied that an interim review of an order or finding that was made before
the commencement 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 Impor t
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 subsec tion (8) shall be made in accordance
with the new Special Import Measures Act .
Application to
goods from aNAFTA country64. The new Special Import Measures Act , the new Canadian Internationa l
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 .
COMING INTO FORCE
Coming into force 65. This Act or any of its provisions, or any provision of an Act as enacted or
amended by this Act, comes into force on a day or days to be fixed by order
of the Governor in Council.G/ADP/N/1/CAN/3/Add.1
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Page 36
REGULATIONS AMENDING THE SPECIAL IMPORT MEASURES REGULATIONS
AMENDMENTS
1. In the portion of subsection 11(1) of the Special Import Measures Regulations1  before
paragraph (a), “subparagraph 20 (c)(ii)” is replaced by “subparagraph 20(1) (c)(ii)” .
2. (1) In the portion of section 13 of the Regulations before paragraph (a),
“paragraph 11 (b)” is replaced by “paragraph 11(1) (b)”.
(2) In paragraph 13 (c) of the Regulations, “subparagraph 11 (b)(iv)” is replaced by
“subparagraph 11(1) (b)(iv)”.
3. In section 14 of the Regulations, “paragraph 20 (c)” is replaced by  “paragraph 20(1) (c)”.
4. The heading2  before section 35 and sections 352 and 35.012 of the Regulations are
replaced by the following:
Excessive Relief of Duties and Taxes on Exported Goods
35. Where the subsidy in relation to any subsidized goods is contingent on the export of the
goods and is in the form of an exemption from or remission, refund or drawback equal to an amount
greater than the duties or taxes levied on the production, purchase, distribution, transportation, sale,
export or import of the goods, the amount of subsidy shall be determined by deducting the amount ofduties 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 g oods if they had not been exported, from the amount
of the exemption, remission, refund or drawback th at 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 exported during the period for which the duties or taxes were
exempted, remitted, refunded or drawn back.
Excessive Relief of Duties and Taxes on Inputs
35.01 (1) Where the subsidy in relation to any subsidized goods is contingent on the export of
the goods and is in the form of an exemption from or remission, refund or drawback equal to an
amount greater than the duties or taxes levied on goods consumed in the production of the exportedgoods, 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 the 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 only goods considered to be consumed in the
production of the exported goods are
                                                     
1 SOR/84-927
2 SOR/96-255G/ADP/N/1/CAN/3/Add.1
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Page 37
(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.
5. (1) Subsection 37.1(2) of the Regulations is amended by striking out the word “and” at
the end of paragraph (g.1) and by adding the following after that paragraph:
(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
(2) Subsection 37.1(3)3  of the Regulations is replaced by the following:
(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 injury, on the basis of the factors listed in
subsections (1) and (2); and
(b) whether any factors other than the dumping or subsidizing of the goods have caused
injury or retardation or are threatening 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, and 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.
6. The Regulations are amended by adding the following after section 37.1:
Expiry Review Factors
37.2 (1) In making a determination under paragraph 76.03(7) (a) of the Act, the Commissioner
may consider
                                                     
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(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 exporters, 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;
(h) any changes in market conditions domestically 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 countervailing measures by authorities of Canada
in respect of similar goods while an order or finding in respect of the goods was ineffect; and
(j) any other factors that are relevant in the circumstances.G/ADP/N/1/CAN/3/Add.1
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(2) In making a determination under subsection 76.03(10) of the Act, the Tribunal may
consider
(a) the likely volume of the dumped or subsidized goods if the order or finding is allowed
to expire, and, in particular, whether there is likely to be 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 likely prices of the dumped or subsidized 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 likegoods, 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 production, capacity utilization, employmentlevels, 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 production, capacity utilization, 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 regard to all relevant economic factors and
indices, including any potential decline in output, sales, market share, profits,
productivity, return on investments or utilization of production capacity, and anypotential negative effects on cash flow, in ventories, 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 the 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 descriptionor 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 dumped or subsidized goods into Canada;
(j)  any changes in market conditions domestically 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.
7. Sections 38 to 40 2 of the Regulations are replaced by the following:
38. Subject to section 39, where the same goods, like good, or similar goods areG/ADP/N/1/CAN/3/Add.1
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(a) subject to more than one properly documented complaint, the properly documented
complaints may be joined by the Commissioner 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 investigation or subsidy investigation, or one or
more dumping investigations and one or more subsidy investigations, the
investigations may be joined by the Commissioner and carried out as one
investigation.
39. Investigations may not be joined under paragraph 38 (c) if a preliminary determination of
dumping or subsidizing has been made in respect of any of those investigations.
40. (1) Where properly documented complaints 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 writing to the Commissioner and the importers, exporters,governments of the countries of export and complainants 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 complainants involved in the investigations.
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;
(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 whether 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 same 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,G/ADP/N/1/CAN/3/Add.1
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(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 other 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 competition 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 competitiveprices 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 the 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 significant 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 likely 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
(B) limiting access to technology, or
(iv) has significantly restricted or is likely to significantly restrict the choice or
availability of goods at competitive prices for consumers or has otherwise
caused or is otherwise likely to cause them significant harm;
(c) whether 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 Actis likely to cause significant damage to domestic producers of inputs, including
primary commodities, used in the domestic manufacture or production of like goods;
andG/ADP/N/1/CAN/3/Add.1
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(d) any other factors that are relevant in the circumstances.
(4) Where, in relation to an inquiry, a person 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 tomake representations shall be made in writing and shall be filed with the Secretary within 21 days
after the date of publication of the notice referred to in subsection 45(2) of the Act.
(5) A request made by a person under subsection (4) shall out-line 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 and of the person’s counsel, if any.
8. Section 41 of the Regulations is replaced by the following:
41. For the purpose of subsection 45(6) of the 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 goods produced in Canada that are used in
the production of like goods in relation to any goods that are the subject of aninvestigation;
(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 relation to any goods that are the subject of
an investigation; or
(h)  an association whose purpose is to advocate the interests of consumers in Canada.
9. (1) The portion of section 43
4  of the Regulations before paragraph (a) is replaced by
the following:
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:
(2) Paragraphs 43( f)4 and (g)4 of the Regulations are re -placed by the following:
(f) for magnetic tape-to-tape duplication, $25 per 731.5 mm reel;
                                                     
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(g) for personal computer magnetic diskette duplication, $2 per diskette (all sizes); and
(h) for compact disk duplication, $20 per disk.
10. The Regulations are amended by adding the following after section 57:
57.1 The Commissioner may refuse to consider representations referred to in subsection 49(5)
of the Act after the period beginning on the day on which an undertaking is offered and ending nine
days after that day.
11. The Regulations are amended by replacing “subparagraph 20( c)(i)” with
“subparagraph 20(1)( c)(i)” in the following provisions:
(a) sections 7 and 8; and
(b) the portion of section 9 before paragraph (a).
12. The Regulations are amended by replacing “paragraph 20 (d)” with
“paragraph 20(1)( d)” in the following provisions:
(a) section 15 and 16; and
(b) section 19.
13. The Regulations are amended by replacin g “Deputy Minister” with “Commissioner”
in the following provisions with the necessary changes:
(a) paragraph 25.2(2) (c); and
(b) subsection 36.4(1).
14. The Regulations are amended by replacing “Trade Administration Branch” with
“Customs and Trade Administration Br anch” in the following provisions:
(a) section 47;
(b) section 51; and
(c) subsection 55(2).
15. The Regulations are amended by repl acing “Revenue Canada” with “Canada
Customs and Revenue Agency” in the following provisions:
(a) section 47;
(b) section 51;
(c) subsection 55(2); and
(d) paragraph 56 (b).
COMING INTO FORCE
16. These Regulations come into force on the date of the coming into force of an Act to
Amend the Special Import Measures Act and the Canadian International Trade Tribunal Ac t.G/ADP/N/1/CAN/3/Add.1
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RULES AMENDING THE CANADIAN INTERNATIONAL TRADE TRIBUNAL RULES
AMENDMENTS
1. (1) The definitions “Deputy Minister”, “fax” and “Form” in rule 2 of the Canadian
International Trade Tribunal Rules1 are repealed.
(2) The definitions “interested party”, “intervener"2 , “party”2 and “respondent” in
rule 2 of the Rules are replaced by the following:
“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 determinationwas 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 the 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 or40 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 grante d leave of the Tribunal to intervene in any
proceedings in relation to a complaint under section 30.17 of the Act; (intervenan t)
“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,
                                                     
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(b) in the case of a proceeding under section 89 or paragraph 91(1) (g) of th e Special
Import Measures Ac t, 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 person 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)
“respondent” means the Minister of National Revenue or the Commissioner, as the case may
be; (intimé )
(3) Rule 2 of the Rules is amended by adding the following in alphabetical order:
“address” includes an address for electronic transmission; (adresse)
“Agency” means the Canada Customs and Revenue Agency established by the Canada
Customs and Revenue Agency Ac t; (Agence)
“Commissioner” means the Commissioner of Customs and Revenue appointed under
section 25 of the Canada Customs and Revenue Agency Ac t;(commissaire)
“document” includes any written documentat ion, film, photograph and audio tape and any
information stored by electronic means ; (documen t)
“electronic hearing” means a hearing held by telephone or video conference, or by any other
electronic means by which parties can communicate 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)
“hearing by way of written submissions” means a hearing held by the exchange of
documents; (audience sur pièce s)
“other interested party” has the same meaning as in section 3 of the Canadian International
Trade Tribunal Regulation s; (autres intéressé s)G/ADP/N/1/CAN/3/Add.1
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2. Rule 6 of the Rules is replaced by the following:
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 expeditious or informal process, as the circumstances andconsiderations of fairness permit.
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 expeditious or informal process, as the circumstances and
considerations of fairness permit.
3. Rule 8 of the Rules is replaced by the following:
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 Tribunal, either before or after their expiry.
4. Rule 10 of the Rules and the heading be fore it are re-placed by the following:
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 notice of participation 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.
(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, the 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.
5. Rule 12 2 of the Rules is replaced by the following:
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 and 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 document 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 the 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;G/ADP/N/1/CAN/3/Add.1
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(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 electronic 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
(b) in any other case, the date on which the document is received by the Tribunal, as
evidenced by the date stamped on the document by the Secretary.
Official and Other Languages
12.1 (1) Subject to subrule (2), all documents filed 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.
6. (1) Subrules 13(1) and (2) of the Rules are replaced by the following:
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 served 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 corporationwho appears to manage or be in control of the place of business, and
(iii) in any other case, in any manner that  the Tribunal determines 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) Subparagraph 13(3) (b)(i) of the Rules is replaced by the following:
(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
(3) Subrules 13(4) to (8) of the Rules are replaced by the following:G/ADP/N/1/CAN/3/Add.1
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(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
(b)  by leaving it at the address for service.
(5) A document that is served by electronic 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 contrary, 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 pr oof 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.
7. The Rules are amended by adding the following after rule 13:
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.G/ADP/N/1/CAN/3/Add.1
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8. Rules 15 to 17 of the Rules are replaced by the following:
15.(1) If a person provides confidential information to the Tribunal under paragraph 46(1) (a)
of the Act, the person shall file with the Tribunal a document marked “confidential” that contains allof the information and that identifies the portions that have been deleted from the non-confidential
edited version or the non-confidential 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 sub
rule (1) is completed when all of them have been filed, and, if they are filed on different dates, the
date of filing is the date on which the most recent document is filed.
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 dire ctor, 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 Tribunal form in respect of the use, disclosure,
reproduction, protection and storage of the 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.
(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 information 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 the confidential information in the record of aproceeding, 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 Tribuna l as an expert, who is acting under the control
and direction of a counsel to whom confidential 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 Tribunal form in respect of the use, disclosure, reproduction, protectionand storage of the confidential information in the record of a proceeding, as well as that expert’s
disposal of the confidential information at the clos e of the proceeding or in the event of a change of
expert.
(4) Any party or interested person may request, 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 whatterms and conditions such disclosure 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.
Filing and Communication of Confidential Information
17. Subject to any other provisions of these Rules, confidential information shall be filed with
the Tribunal and may be served only by the Tribunal.G/ADP/N/1/CAN/3/Add.1
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9. (1) Paragraph 18(1) (f) of the Rules is replaced by the following:
(f) any other matter that is relevant to the hearing.
(2) Subrules 18(3) to (5) of the Rules are replaced by the following:
(3) On receipt of a request referred to in subrule (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.
10. (1) Subrule 20(2) of the Rules is replaced by the following:
(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.
(2) Subrule 20(4) of the Rules is replaced by the following:
(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.
11. Subrules 21(2) and (3) of the Rules are repealed.
12. The heading before Rule 22 and Rules 22 and 23 of the Rules are replaced by the
following:
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 and serve on the other parties a report, signed bythe expert, setting out the expert’s name, address, qualifications 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 shall, not le ss 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) shall 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.
Hearings
23. (1) Subject to subrule (2), all of the hearings 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 camer a,G/ADP/N/1/CAN/3/Add.1
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(a) on its own initiative or on the request of a party, for the purpose of receiving
confidential information; or
(b) on the request of a party in which the party establishes that the circumstances justify
an in camera hearing.
(3) When the Tribunal holds a hearing or part of one in camer a, 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 granted 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 an y 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 notifythe 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 hearing, other than a hearing by way of writtensubmissions, 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.
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 respect 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.
13. Subrules 24(1) and (2) of the Rules are replaced by the following:
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.G/ADP/N/1/CAN/3/Add.1
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14. The heading before rule 25 and rules 25 and 26 of the Rules are replaced by the following:
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 questionnaire 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 fi led, 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).
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).
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
(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 any person who may have an interest in the
matter.
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.G/ADP/N/1/CAN/3/Add.1
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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, inaddition to any other relevant factors, whether a similar issue is being considered before another court
whose determination could impact on the matter being heard, whether any prejudice would result if
the postponement or adjournment were grante d or not granted and whether a postponement or
adjournment would unreasonably delay or impede the proceedings.
(2) A request for a postponement shall be made 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).
15. The heading before rule 27 of the French  version of the Rules is replaced by the
following:
Communication of Information
16. (1) Subrule 28(1) of the Rules is replaced by the following:
28. (1) If the Tribunal makes a decision, declaration, 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 Ac t, a copy of it, to each party and to each person who was provided
with a notice of commencement of the proceeding.
(2) Subrule 28(3) of the Rules is replaced by the following:
(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 proceeding 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
Secretary shall also send a copy of the reasons to  every other person who was provided with a notice
of commencement of the proceeding.
17. Rule 29 of the Rules is amended by striking out the word “or” at the end of
paragraph (a) and by replacing paragraph (b) with the following:
(b) decide the matter in issue on the basis of the information on the record; or
(c) make any order that it considers just and equitable in the circumstances, including a
dismissal order.
18. The portion of paragraph 30 (a) of the Rules before subparagraph (i) is replaced by
the following:
(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 toG/ADP/N/1/CAN/3/Add.1
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19. (1) The portion of subrule 31(1) of the Rules before paragraph (b)  is replaced by the
following:
31. (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal
(a)  with the Commissioner and the Secretary, in the case of an appeal under the
Customs Act or the Special Import Measures Ac t; or
(2) Subrule 31(2) of the Rules is replaced by the following:
(2) The notice of appeal shall be accompanied 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, and, in the absence of a proof of mailing, the dateof filing is the date on which the document is received by the Tribunal, as evidenced by the date
stamped on the document by the Secretary.
20. Rule 33 of the Rules is replaced by the following:
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.
21. (1) Subrule 34(1) of the Rules is replaced by the following:
34. (1) The appellant shall, within 60 days after 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) Paragraph 34(2) (d) of the Rules is replaced by the following:
(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
(3) Rule 34 of the Rules is amended by adding the following after subrule (2):
(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.
22. (1) Subrule 35(1) of the Rules is replaced by the following:
35. (1) The respondent shall, within 60 days after the service of the appellant’s brief under
rule 34, file with the Secretary a response prepared in accordance with subrules (2) and (3) and,
subject to rule 17, forthwith serve a copy of the brief on the appellant.G/ADP/N/1/CAN/3/Add.1
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(2) Paragraph 35(2) (d) of the Rules is replaced by the following:
(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
(3) Rule 35 of the Rules is amended by adding the following after subrule (2):
(3) A respondent 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 response shall, not less than 10 days before the hearing, file them with theSecretary 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.
23. Rule 36 of the Rules is replaced by the following:
36. The Tribunal may, at any time, direct a party to file with the Tribunal any written
submissions, documents or evidence relating to an appeal.
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 subm issions, 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 respondent to file an agreed statement of any
relevant facts.
24. Rules 38 to 40 of the Rules are replaced by the following:
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.
Notice of Intervention in an Appeal under the Customs 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.
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 intervention on the relevant Tribunal form.
Notice of Intervention
40.1 A person who files a notice of intervention referred to in rule 39 or 40 shall specifyG/ADP/N/1/CAN/3/Add.1
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(a) the nature of their interest in the appeal;
(b) the reason why their intervention is necessary;
(c) how the person may assist the Tribunal in the resolution of the appeal; and
(d) any other relevant matters.
25. Subrules 41(1) and (2) of the Rules are replaced by the following:
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 equity, the parties to the appeal should be given an
opportunity to make representations in respect of the 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.
26. Subrule 42(1) of the Rules is replaced by the following:
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.
27. Rules 43 and 44 of the Rules are replaced by the following:
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.
Discontinuance
44. A party who instituted an appeal may, on or before the day fixed for the commencement
of the hearing of the appeal, discontinue the appeal by filing with the Secretary a notice ofdiscontinuance on the relevant Tribunal form and by serving forthwith a copy of it on the other parties
to the appeal.
28. Rules 47 and 48 of the Rules are replaced by the following:
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 th e Special
Import Measures Ac t, 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 circumstances 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 notice referred to in subrule (1) to each party to the
appeal.G/ADP/N/1/CAN/3/Add.1
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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.
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 t he
Special Import Measures Ac t.
29. The heading before rule 50 and rules 50 and 51 of the Rules are replaced by the
following:
Sending of Notice to the Commissioner
50. Where a reference is made by a government 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.
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  the 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.G/ADP/N/1/CAN/3/Add.1
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30. Subrules 52(2) and (3)3 of the Rules are replaced by the following:
(2) Where the Tribunal has rendered its advice, 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 inparagraph 51 (c).
(3) If the Tribunal terminates a proceeding under paragraph 35.1(1) (b) or, if applicable,
35.1(1) (c) of th e Special Import Measures Ac t, the Secretary shall give notice of the termination to the
Commissioner and to every person and government named in the list referred to in paragraph 51 (c).
31. The Rules are amended by adding the following after section 52:
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.
Notice of Commencement of Preliminary Inquiry
52.2 When a notice of initiation of an investigation of dumping or subsidizing is filed with the
Secretary, the Secretary shall forthwith 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 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 address to which written submissions or correspondence may be sent or delivered
and at which information in respect of the preliminary inquiry may be obtained; and
                                                     
3 SOR/97-325G/ADP/N/1/CAN/3/Add.1
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(i) any other information that is relevant to  the preliminary injury inquiry that the
Tribunal specifies.
Sending of a Notice of Commencement of Preliminary Inquiry
52.3 The Secretary shall send a copy of a notice of commencement of preliminary inquiry
referred to in rule 52.2 to
(a) the Commissioner;
(b) all of the persons known to the Tribunal 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.
Information to be Filed by the Commissioner
52.4 When the Commissioner causes an investigation to be initiated respecting the dumping
or subsidizing of goods under section 31 of the Special Import Measures Ac t, the Commissioner shall
cause to be filed with the Secretary, 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 applicable, confidential version of the written
complaint made to the Commissioner under subsection 31(1) of the Special Import
Measures Ac t; and
(c)  any other information that has been taken into consideration by the Commissioner.
52.5 When the Tribunal terminates a proceeding under paragraph 35.1(1) (b) of th e Special
Import Measures Ac t, the Secretary shall give notice of the termination to the Commissioner and to
every person and government referred to in rule 52.3.
32. Rules 53 to 57 of the Rules are replaced by the following:
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.
Notice of Commencement of Inquiry
54. If a notice of a preliminary determination of dumping or subsidizing is filed with the
Secretary under the Special Import Measures Ac t, 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 details of the inquiry that the
Tribunal directs;G/ADP/N/1/CAN/3/Add.1
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(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 declaration and undertaking referred to in subrule16(1) or (2);
(e) the date on or before which an interested 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.
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.
Information to be Filed by the Commi ssioner — Preliminary Determination
56. Where the Commissioner makes a preliminary determination of dumping or subsidizing
with respect to goods pursuant to section 38 of the Special Import Measures Ac t, the Commissioner
shall cause to be filed with the Secretary, in addition to the written notice referred to in
paragraph 38(3) (b) of that Act, the following materials:
(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, andG/ADP/N/1/CAN/3/Add.1
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(ii) the volume of the goods imported into 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.
Information to be Filed by the Commissioner — Final Determination
57. Where the Commissioner makes final determination of dumping or subsidizing with
respect to goods pursuant to section 41 of th e Special Import Measures Ac t, 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 preliminary 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 into 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.
33. Rules 59 to 63 of the Rules are replaced by the following:
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 participation, make available, in the manner that the Tribunal
directs,
(a) to each counsel who has filed a declaration and undertaking referred to in subrule
16(1) or (2) and who has been granted access to the confidential information, all of
the confidential information provided 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.
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;G/ADP/N/1/CAN/3/Add.1
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(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 section shall be later than the date fixed under that subrule for the
filing of the material by the complainant or other person.
Information to be Provided by Parties
61. In considering an issue of injury or retardati on or threat of injury, the Tribunal may at any
time direct a party to an inquiry to produce information that relates to the factors prescribed by
section 37.1 of the Special Import Measures Regulation s.
Request for Information
61.1 (1) In this rule, a request for information 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 information shall file the request with the Tribunal and
serve it on the other parties within any time that the considerations of fairness and efficiency permitand that the Tribunal may direct.
(4) A request for information shall(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 addressed refuses to give some or all of the information
requested, that party must, within any 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 provide any other available information or
documents that are of the same nature and to the same effect as the requested
information; andG/ADP/N/1/CAN/3/Add.1
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(c) if the party makes any other contention, 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 information 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, within an y 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
(iii) the information requested, or copies of it; and
(b) file with the Tribunal copies of the resp onses 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 information is directed complies with the order of the
Tribunal if the party indicates to the other party wh ich of its records contain the relevant information
and
(a) the party specifies in sufficient detail 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 shall, w ithin any time that the considerations of fairness
and efficiency permit and that the Tribunal may direct, file a non-confidential edited version or a non-
confidential summary of the response in accordance with paragraph 46(1) (b) of the Act.G/ADP/N/1/CAN/3/Add.1
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(11) If a party to whom a request for information is directed does not comply with this rule,
the party who directed the request for information may request the Tribunal to order compliance.
Notice of Matters Arising
61.2 (1) A party who wishes to have supplementary information relating to submissions,
evidence and responses to requests for information that are filed with the Tribunal by another party
shall serve a notice on all of the parties before the 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 shall 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 reques ted, with an explanation of how they are
relevant or necessary to the proceeding; and
(e) be dated.
(4) The Tribunal shall notify the parties in writing on which matters they must be prepared to
answer questions at the hearing and specify which documents, if any, that they must be prepared to
bring with them to the hearing.
Information to be Filed by the Secretary — Advice  under Section 46 of Special Import Measures Act
62. When the Tribunal advises the Commissioner under section 46 of th e Special Import
Measures Ac t, the Secretary shall cause to be filed with the Commissioner, in addition to the written
notice referred to in that section, a copy of the information relied on by the Tribunal in giving its
advice.
34. Rule 66 of the Rules is replaced by the following:
66. The Secretary shall forthwith send a copy of the notice of recommencement of inquiry
referred to in rule 65 to the persons referred to in paragraph 44(2) (a) of th e Special Import Measures
Act.
35. The Rules are amended by adding the following after section 68:G/ADP/N/1/CAN/3/Add.1
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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 Ac t, 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 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 commencement of a hearing in the inquiry; and
(i) any other information that is relevant 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 were exported to Canada.
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, provide 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:G/ADP/N/1/CAN/3/Add.1
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(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.
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 than documentary form that the party or
interested person intends to adduce at the inquiry.
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 relates to any factors or that it considers relevant to
the inquiry.
36. Part VI of the Rules is replaced by the following:
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 Ac t,
whether on the Tribunal’s own initiative or at the request of the Commissioner or anyother 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 panel 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.
Review under Section 76.01 or 76.02 of the Special Import Measures Act
70. (1) A request by a person to the Tribunal 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:G/ADP/N/1/CAN/3/Add.1
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(a) the name, address for service, telephone number 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 initiation 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 resu lted in the order or finding of its receipt of the
request and shall give them an opportunity to make representations to the Tribunal concerning the
request.
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 Ac t, 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 with any other 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 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 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 inquiry referred to in rule 53.
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;G/ADP/N/1/CAN/3/Add.1
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(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.
73. When the Tribunal makes an order or a finding under subsection 76.01(5) or 76.02(4) of
the S pecial Import Measures Ac t, the Secretary shall
(a) send a copy of the order or finding and the 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 that Act.
Review under Section 76.03 of the Special Import Measures Act
73.1 (1) When an order or a finding 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 Ac t, 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 finding will be deemed to be rescinded;
(b) the date on or before which any written submissions 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 re ferred 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 theSpecial Import Measures Ac t, 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).
(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 whic h the Secretary would be required by rule 55 to
send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in
rule 53.G/ADP/N/1/CAN/3/Add.1
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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 parties to provide information that addresses
the following:
(a) the likelihood of a continuation or resumption of dumping or subsidization of the
goods;
(b) the likely volume and price ranges of dumped or subsidized imports if dumping or
subsidization were to continue or resume;
(c) the domestic industry’s recent performance, 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, importsinto Canada; and
(g) any other matter that is relevant to the review.
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 lik ely 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 total 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 taken into consideration by the Commissioner.
73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import
Measures Ac t, 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
(b) cause a notice of it to be published in the Canada Gazett e.
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 Ac t, the Secretary shall publish a notice of review
in the Canada Gazette that sets out the information specified in subrule 71(1).G/ADP/N/1/CAN/3/Add.1
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(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 inquiry referred to in rule 53.
73.6 If the Tribunal makes an order or a finding under subsection 76.1(2) of the Special
Import Measures Ac t, the Secretary shall
(a) send a copy of the order or finding and the 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 Gazett e.
Application of Certain Rules
73.7 (1) Subject to subrule (2), rules 59 to 6 1.2 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.
37. Paragraph 74 (a) of the Rules is replaced by the following:
(a) to a request made to the Tribunal by the Commissioner pursuant to section 89 of th e
Special Import Measures Act for a ruling on the question of which of two or more
persons is the importer in Canada of goods imported or to be imported into Canada onwhich duty is payable or has been paid or will be payable if the goods are imported;
and
38. The heading before Rule 75 of the Rules is replaced by the following:
Notice of Request by Commissioner
39. The portion of rule 75 of the Rules before subparagraph (a)(iii) is replaced by the
following:
75. Where the Commissioner makes a request pursuant to subsection 89(1) of the Special
Import Measures Ac t, 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
40. (1) Subparagraphs 76(1) (f)(ii) and (iii) of the Rules are replaced by the following:
(ii) the date on or before which an interested person must file with the Tribunal a
notice of participation, andG/ADP/N/1/CAN/3/Add.1
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(iii) the date on or before which counsel for a person who files a notice of
participation must file with the Tribunal a notice of representation and, if
appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);
(2) The portion of subrule 76(2) of the Rules before paragraph (b) is replaced by the
following:
(2) The Secretary shall send a copy of a notice of request for a ruling to the following
persons:
(a) the Commissioner; and
41. Subparagraphs 78 (f)(ii) and (iii) of the Rules are replaced by the following:
(ii) the date on or before which any person 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 Tribunal a notice of representation and, if
appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);
42. (1) That portion of Rule 79 of the Rules before paragraph (a) is replaced by the
following:
79. The Secretary shall send a copy of the notice of reconsideration referred to in Rule 78 to
the following persons and governments:
(2) Paragraph 79 (b) of the Rules is replaced by the following:
(b) the Commissioner;
43. Rule 81 of the Rules is replaced by the following:
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 reconsideration by the Tribunal under paragraph 91(1) (g) of that Act.
44. Rule 82 3 of the Rules is replaced by the following:
82. This Part applies in respect of a written 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 competitive with goods being imported into Canada, or by a
person or an association acting on behalf of such a domestic producer.
45. Rule 83 of the Rules is renumbered as su brule 83(1) and is amended by adding the
following:
(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.G/ADP/N/1/CAN/3/Add.1
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46. Subparagraphs 85 (f)(ii) and (iii) of the Rules are replaced by the following:
(ii) the date on or before which any person 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 Tribunal a notice of representation and, if
appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);
47. The portion of rule 86 of the Rules before paragraph (a) is replaced by the following:
86. The Secretary shall send a copy of a notice of inquiry referred to in rule85 to
48. Rules 88 and 894 of the Rules are replaced by the following:
88. Rules 59 and 60 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.
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 Countries set out in the schedule to the Customs
Tariff as a beneficiary of the General Preferential Tariff and that are being
imported into Canada at the General Preferential Tariff rates of customs duty
under section 33 of the Customs Tarif f, or that originate in a country
designated in the List of Countries 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 Least Developed Country Tariff rates ofcustoms duty under section 37 of the Customs Tarif f, 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 countrydesignated in the List of Countries set out in the schedule to the Customs
Tariff as a beneficiary of the Commonwealth Caribbean Countries Tariff and
that are being imported into Canada at the Commonwealth Caribbean
Countries Tariff rates of Customs duty under section 41 of the Customs
Tarif f, are causing or threatening injury to that producer; and
(b) a review made under section 19.02 of the Act.
                                                     
4 SOR/98-39G/ADP/N/1/CAN/3/Add.1
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49. (1) The portion of subrule 90(1) of the Rules before paragraph (a)  is replaced by the
following:
90. (1) A written complaint by a domestic producer referred to in paragraph 89 (a) shall be
(2) Subrule 90(2) of the Rules is replaced by the following:
(2) If the Tribunal determines that the informa tion 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 result of imports occurring or that might occur under the tariffpreferences referred to in paragraph 89 (a), the Tribunal shall commence an inquiry into the complaint.
50. The portion of rule 91 of the Rules before paragraph (a) is replaced by the following:
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 Secretary 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 Gazett e, not later than 10
months before the measure is scheduled to expire, a notice of expiry that sets out the followinginformation:
51. Rule 92 of the Rules is replaced by the following:
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.
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 Gazett e, 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.G/ADP/N/1/CAN/3/Add.1
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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.
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 which the parties or their counsel appear before the
Tribunal or by way of an electronic hearing.
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.
52. The definition “send”2 in rule 93 of the Rules is replaced by the following:
“send”, in respect of a document, information or a notification, means to transmit by hand, registered
mail or electronic transmission; (envoye r)
53. Rule 94 2 of the English version of the Rules is replaced by the following:
94. This Part applies in respect of inquiries into complaints made by potential suppliers under
subsection 30.11(1) of the Act.
54. Subrule 96(2)2 of the Rules is replaced by the following:
(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 the information that corrects the deficiencies.
55. Rule 1012 of the Rules is replaced by the following:
101. If the Tribunal decides to conduct an inquiry, the Secretary shall forthwith send a
notification in writing to the complainant, the go vernment institution and any other interested party
and shall publish a notice of commencement of inquiry.
56. Subrule 103(4)2 of the Rules is replaced by the following:
(4) The government institution may, within th e time limit set out in subrule (1), make a
written request to the Tribunal for an extension of that time limit and shall set out in the application
the reasons for the extension.
57. (1) Subrule 104(1)2 of the Rules is replaced by the following:
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 thebasis of the existing record.G/ADP/N/1/CAN/3/Add.1
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(2) Subrule 104(3)2 of the Rules is replaced by the following:
(3) The Tribunal may extend the time limit for the filing of comments under subrule (1) if the
complainant makes a written request for the extension within the time limit referred to in that subrule
and the specific circumstances of the complaint warrant the extension.
58. The heading2 before rule 105 of the Rules is replaced by the following:
Hearing of Complaints
59. (1) Subrules 105(1)2 and (2)2 of the Rules are replaced by the following:
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.
(2) Subrule 105(6)2 of the Rules is replaced by the following:
(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.
60. Rule 1062 of the Rules is repealed.
61. (1) Subrules 107(1) to (4)2 of the Rules are replaced by the following:
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 option in the case of any complaint that is suitable for
resolution within 45 days.
(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 notify the complainant, the government institution and all of
the interveners of its determination.
(2) Paragraph 107(5) (e)2 of the Rules is replaced by the following:
(e) the Tribunal shall issue a determinatio n on the complaint within 45 days after
determining that the express option will be applied.
62. The Rules are amended by adding the following after rule 108:G/ADP/N/1/CAN/3/Add.1
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PART XII
EXTENSION INQUIRIES UNDER SECTION 30.07 OF THE ACT
Application
109. This Part applies in respect of an extension inquiry under section 30.07 of the Act.
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 that  subsection, the notice shall be published in the Canada
Gazette not later than eight months before the expiry date and shall set out
(a) the date on which the order is scheduled to expire;
(b) the date on or before which written submissions 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 filing of confidential information; and
(f) any other relevant information that the Tribunal may re-quire.
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 numbers, 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 whose 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 addre ss 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 remedy serious injury to domestic producers
of like or directly competitive goods.G/ADP/N/1/CAN/3/Add.1
G/SCM/N/1/ CAN/3/Add.1
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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 subsection an opportunity to make representations to the
Tribunal concerning the request referred to in rule 111.
113. If the Tribunal decides to conduct an extension 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 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;
(d) the date on or before which counsel for an interested party 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 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 of the Tribunal to which written 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 comme ncement of a hearing in the extension
inquiry; and
(j) any other information that is relevant to the extension inquiry that the Tribunal
specifies.
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 the Tribunal under this Part.
63. The schedule to the Rules is repealed.
COMING INTO FORCE
64. These Rules come into force on 15 April 2000.
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