G/ADP/N/1/CAN/4/Suppl.2  
G/SCM/N/1/CAN/4/Suppl.2  
G/SG/N/1/CAN/3/Suppl.1  
 
19 June 2018  
(18-3791) Page: 1/58 
Committee on Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
CANADA  
Supplement  
The following communication, dated 29 May 2018, is being circulated at the request of the 
Delegation of Canada.  
 
_______________  
 
 
Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement, Article 32.6 of the WTO Agreement 
on Subsidies and Countervailing Measures and Article 12.6 of the Agreement on Safeguards, 
Canada hereby notifies the Committee on Anti -Dumping Practices, the Comm ittee on Subsidies 
and Countervailing Measures and the Committee on Safeguards of amendments to the Special 
Import Measures Act (SIMA) , the Special Import Measures Regulations, the Canadian International 
Trade Tribunal Regulations and the Canadian Internat ional Trade Tribunal Rules, that came into 
force on 26 April 2018  
 
The changes are contained in the following legal instruments, the relevant portions of which are 
attached:  
 
1. The Budget Implementation Act, 2017, no. 1;  
 
2. Regulations Amending the Special Imp ort Measures Regulations and the Canadian 
International Trade Tribunal Regulations ; 
 
3. Rules Amending the Canadian International Trade Tribunal Rules.  
 
The key elements of the changes are as follows:  
 
1. Anti-circumvention proceedings: New proceedings are established before the 
Canada Border Services Agency for the purpose of determining whether goods are 
being imported for the specific purpose of circumventing existing anti -dumping and 
countervailing duties, which could result in the scope of the duties be ing extended to 
cover importations of such goods.  
 
2. Scope proceedings: New proceedings are established before the Canada Border 
Services Agency to provide a transparent mechanism to determine if a particular 
product is included within the product descriptio n of the goods covered by 
anti-dumpi ng or countervailing measures. This will result in binding and appealable 
rulings on scope.  
 
3. Price Distortions:  Margins of dumping may now be calculated using an alternative 
methodology in situations where domestic pric es in the exporting country are 
distorted due to a particular market situation. In such cases, sales in the exporter 's G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  domestic market may be disregarded and the price determined instead by calculating 
the cost of production and adding reasonable amounts f or selling, administration costs 
and profit.  
 
4. Union Participation: Labour unions will now have an explicit right to participate in 
trade remedy investigations. Unions will be required to be identified in complaints, or 
may come forward themselves, and will  have full participatory rights accorded to 
other interested parties.   
 
Updated and consolidated versions of the laws and regulations are available on the Departme nt of 
Justice Canada web site: http://laws -lois.justice.gc.ca  
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  BUDGET IMPLEMENTATIO N ACT OF 2017, NO. 1  
PART 4 – DIVISION 1  
Special Import Measures Act  
68 
 
(1) The definition margin of dumping  in subsection 2(1) of the Special Import Measures Act  is 
replaced by the following:  
 
margin of du mping , in relation to any goods, means, subject to sections 30.2 and 30.3, the 
amount by which the normal value of the goods exceeds the export price of the goods;  (marge de 
dumping)  
 
(2) Paragraphs (a) and (b) of the definition order or finding in subsection 2(1) of the Act is 
replaced by the following:  
 
(a) means an order or finding made by the Tribunal under section 43 or 44 that has not 
been rescinded under any of sections 76.01 to 76.1 and subsection 91(3) but, if the 
order or finding has been amended one or more times under any of section 75.3, 
subsections 75.4(8) and 75.6(7) and sections 76.01 to 76.1, as it was last 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 section 75.3, subsections 75.4(8) and 75.6(7) and sections 76.01 
to 76.1, as it was last amended;  (ordonnance o u conclusions)  
 
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:  
 
scope ruling  means a ruling made under subsection 66(1) as to whether certain goods are subject 
to an order of the Governor in Council imposing a coun tervailing duty made under section 7, an 
order or finding of the Tribunal or an undertaking in respect of which an investigation has been 
suspended under subparagraph 50(a)(iii);  (décision sur la portée)  
 
69 
 
Duties – circumvention  
 
(1.1) A duty shall be l evied, collected and paid on all dumped and subsidized goods imported into 
Canada in respect of which the Tribunal has made an order – amending an order or finding, before 
the release of the goods – to the effect that the importation of goods of the same d escription 
constitutes circumvention, as follows:  
 
(a) in the case of dumped goods, an anti -dumping duty in an amount that is equal to the 
margin of dumping of the imported goods; and  
 
(b) in the case of subsidized goods, a countervailing duty in an amount  that is equal to 
the amount of subsidy on the imported goods.  
 
Duties – circumvention investigation  
 
(1.2) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into 
Canada, after the initiation of an anti -circumvention investigation under section 72, in respect of 
which the Tribunal has made an order – amending an order o r finding after the release of the 
goods – to the effect that the importation of goods of the same description constitutes 
circumvention, as follows:  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  (a) in the case of dumped goods, an anti -dumping duty in an amount that is equal to the 
margin of dumping of the imported goods; and  
 
(b) in the case of subsidized goods, a countervailing duty in an amount that is equal to 
the amount of subsidy on the imported goods.  
 
70 
 
Paragraph 6(c) of the Act is replaced by the following:  
 
(c) in respect of which the President has ma de a specification under 
clause  41(1)(b)(ii)(C),  
 
71 
 
The portion of subsection 9.2(1) of the Act before paragraph (a) is replaced by the following:  
 
Duty ceases if final determination set aside by court  
 
9.2 (1) If duty is leviable, collec table and payable (in this section referred to as "payable ") under 
this Act under an order or finding of the Tribunal on goods imported into Canada, and proceedings 
are commenced in the Federal Court of Appeal by an application under section 96.1 to review  and 
set aside the final determination of the President under paragraph 41(1)(b) on which the order or 
finding is based, duty continues, despite any order or decision that may be made or given in the 
course of the proceedings, to be so payable under the or der or finding on imported goods of the 
same description as those goods during the course of the proceedings and after they are finally 
disposed of, unless the final disposition of the proceedings results in the final determination being 
set aside or being  set aside in relation to particular goods, or the President recommencing the 
investigation and terminating it under paragraph 41(1)(a), in which case  
 
72  
 
The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:  
 
Duty ceases if investigation terminated after review  
 
9.21 (1) If duty is leviable, collectable and payable (in this section referred to as "payable ") under 
this Act under an order or finding of the Tribunal on goods of a NAFTA country imported into 
Canada, and a review is requested under Part I.1 of the final determination of the President under 
paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or 
decision that may be made or given in the course of proceedings under  that Part, to be so payable 
under the order or finding on imported goods of the same description as those goods during the 
course of the proceedings and after they are finally disposed of, unless the final disposition of the 
proceedings results in the Pre sident recommencing the investigation and terminating it under 
paragraph 41(1)(a), in which case  
 
73  
 
The portion of section 9.3 of the Act before paragraph (a) is replaced by the following:  
 
Duty ceases if investigation terminated after review  
 
9.3 If duty is leviable, collectable and payable (in this section referred to as "payable ") under this 
Act under an order or finding of the Tribunal on goods of the United States imported into Canada, 
and a review is requested under Part II of the final de termination o f the President under 
paragraph  41(1)(b) on which the order or finding is based, duty continues, despite any order or 
decision that may be made or given in the course of proceedings under that Part, to be so payable 
under the order or finding on imported goods of the same description as those goods during the 
course of the proceedings and after they are finally disposed of, unless the final disposition of the 
proceedings results in the President recommencing the investigation and terminating it  under 
paragraph 41(1)(a), in which case  
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  74  
 
(1) The portion of subsection 13.2(1) of the Act before paragraph (a) 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 subsection 3(1) applies may request that the President review the normal value, export price or 
amount of subsidy in relation to those goods if the exporter or producer  
 
(2) Subsections 13.2(2) and (3) of the Act are replaced by the followin g: 
 
Request for review  
 
(1.1) An exporter to Canada of any goods to which an order or fi nding referred to in 
subsection  3(1.1) or (1.2) applies may request that the President review the normal value, export 
price or amount of subsidy in relation to those g oods if the exporter has not 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 of this Act, for the purposes of determining their 
normal value, exp ort price or amount of subsidy.  
 
Form of request  
 
(2) A request under subsection (1) or (1.1) shall be made in the prescribed manner and form and 
shall contain the prescribed information.  
 
Review  
 
(3) If the President receives a request under subsection (1 ), the President shall initiate a review, 
on an expedited basis, of the normal value, export price or amount of subsidy, as the case may 
be, and shall, on completion of the review, either confirm or amend the value, price or amount.  
 
Review  
 
(3.1) If the P resident receives a request under subsection (1.1), the President shall initiate a 
review of the normal value, export price or amount of subsidy in respect of goods to which an 
order or finding referred to in subsection 3(1.1) or (1.2) applies, as the case  may be.  
 
75 
 
(1) Subsection 16(2) of the Act is amended by striking out "and" at the end of paragraph (a), by 
adding "and" at the end of paragraph (b) and by adding the following after paragraph (b):  
 
(c) any sale of like goods for use in the country of export by the exporter to a purchaser 
if, in the opinion of the President, a particular market situation exists which does not 
permit a proper comparison with the sale of the goods to the importer in Canada.  
 
(2) Section 16 of the Act is amended by adding the following after subsection (2):  
 
Paragraph (2)(c)  
 
(2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in 
respect of any goods of a particular exporter or of a particular country, as is appropriate in the 
circumstances.  
 
76  
 
Section 30.1 of the Act is repealed.  
 
77  
 
The portion of subsection 35(1) of the Act before paragraph (b) is replaced by the following:  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  Termination of investigation or inquiry  
 
35 (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) 
if, at any time before the President makes a preliminary determination under subsection 38(1) in 
respect of goods that are the subject of the investigation,  
 
(a) the President is satisfied in respect of some or all o f those goods that the actual and 
potential volume of goods of a country or countries is negligible; or  
 
78  
 
Subsection 38(1.1) of the Act is replaced by the following:  
 
Insignificant margin or amount  
 
(1.1) The President may in making a preliminary determination under subsection (1), using the 
information available to him or her at that time, make the determination that the margin of 
dumping of, or the amount of subsidy on, any goods of a particular exporter is insignificant.  
 
79 
 
Subsections 41(1) a nd (2) of the Act are replaced by the following:  
 
Final determination or termination  
 
41 (1) Within 90 days after making a preliminary determination under subsection 38(1), the 
President shall  
 
(a) terminate the investigation in respect of any goods of a p articular exporter if, on the 
available evidence, the President is satisfied that there has been no dumping or 
subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, 
those goods is insignificant; and  
 
(b) make a final determination of dumping or subsidizing in respect of the goods that are 
the subject of the investigation and for which the investigation has not been 
terminated under paragraph (a) if, on the available evidence, the President is satisfied 
that there has b een dumping or subsidizing and the President shall specify, in relation 
to each exporter of goods in respect of which the investigation is made, as follows:  
 
(i) in the case of dumped goods, the goods to which the determination applies and 
the margin of du mping of the goods, and  
 
(ii) in the case of subsidized goods,  
 
(A) the goods to which the determination applies,  
 
(B) the amount of subsidy on the goods, and  
 
(C) subject to subsection (2), if the whole or any part of the subsidy on the 
goods is a prohibited subsidy, the amount of the prohibited subsidy on 
the goods.  
 
Exception  
 
(2) The President shall not specify anything under clause (1)(b)(ii)(C) if the President is of the 
opinion that, having regard to the country that is providing the export su bsidy, the nature of the 
goods and the circumstances under which the export subsidy is provided, provision of the export 
subsidy in relation to those goods is not inconsistent with that country 's obligations under the 
international agreement known as the G eneral Agreement on Tariffs and Trade, 1994.  
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  80 
 
The portion of subsection 41.1(1) of the Act before paragraph (a) is replaced by the following:  
 
Action on final determination or decision referred back by Court  
 
41.1 (1) If a decision under paragraph 41(1 )(a) or a final determination under paragraph 41(1)(b) 
is set aside and the matter referred back to the President on an application under section 96.1, the 
President shall  
 
(2) The portion of subsection 41.1(2) of the Act before paragraph (a) is replaced b y the following:  
 
Action on final determination or decision referred back by panel  
 
(3) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is 
referred back to the President under subsection 77.015(3) or (4) , 77.019(5), 77. 15(3) or (4) 
or 77.19(4), the President shall  
 
81  
 
(1) The portion of paragraph 42(1)(c) of the Act before subparagraph (i) is replaced by the 
following:  
 
(c) in the case of any subsidized goods in respect of which a specification has been made 
under clause 41(1)(b)(ii)(C) and to which the preliminary determination applies as to 
whether  
 
(2) Section 42 of the Act is amended by adding the following after subsection (3):  
 
Application of paragraph (3)(a)  
 
(3.1) For the purposes of paragraph (3)(a),  
 
(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; and  
 
(b) the amount of subsidy in relation to goods of a particular country is the weighted 
average of the amounts of subsidy determined in accordance with section 30.4.  
 
(3) Section 42 of the Act is amended by adding the following after subsection (6):  
 
Application  
 
(7) For the purposes of this section, dumped or subsidized goods do not include good s of an 
exporter in respect of which the margin of dumping or amount of subsidy is insignificant.  
 
82  
 
Paragraph 49(2)(b) of the Act is replaced by the following:  
 
(b) unless the President has made a preliminary determination under subsection 38(1); or  
 
83  
 
Paragraph 52(1.1)(d) of the Act is replaced by the following:  
 
(d) terminate the undertaking or undertakings in respect of those goods, and  
 
84  
 
The Act is amended by adding the following after section 55:  
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  Determination of circumvention  
 
55.1 (1) If the Tribunal has made an order described in subsection 3(1.2) with respect to the 
goods to which the determination of circumvention applies, the President shall cause a designated 
officer to determine, not later than six months after the date of the order,  
 
(a) in respect of any goods referred to in subsection (2), whether the goods are in fact 
goods of the same description as goods described in the order;  
 
(b) the normal value and export price of or the amount of subsidy on the goods; and  
 
(c) if section 6  or 10 applies in respect of the goods, the amount of the export subsidy on 
the goods.  
 
Application  
 
(2) Subsection (1) applies only in respect of goods released on or after the day on which an anti -
circumvention investigation is initiated under subsection  72(1) and on or before the day on which 
the Tribunal makes an order under section 75.3 in respect of the goods.  
 
Re-determination  
 
(3) A determination made under subsection (1) is deemed to be a re -determination by a 
designated officer under paragraph 57( b). 
 
85  
 
The portion of subsection 56(1) of the Act before paragraph (a) is replaced by the following:  
 
Determination final  
 
56 (1) If, after the making of an order or finding of the Tribunal or an order of the Governor in 
Council imposing a countervailing duty under section 7, any goods are imported into Canada, a 
determination by a designated officer  
 
86  
 
Section 60.1 of the Act is renumbered as subsection 60.1(1) and is amended by adding the 
following:  
 
Notice – section 59 re -determination  
 
(2) The President shall publish a notice of any re -determination made under paragraph 59(1)(a) or 
(e) in respect of whether goods are of the same description as goods described in the order or 
finding, in the prescribed manner.  
 
87  
 
Subsections 61(2) an d (3) of the Act are replaced by the following:  
 
Appeal – scope ruling  
 
(1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to 
such a ruling resulting from a review under subsection 67(2) or, subject to section 77.012 or 77.12 
and only in respect of whether goods are of the same description as goods described in the order 
or finding, a re -determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a 
notice of appeal in writing with the President and th e Tribunal within 90 days after the day on 
which the decision was made.  
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  Publication of notice of appeal  
 
(2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the 
Canada Gazette at least 21 days before the day of the he aring, and any person who enters an 
appearance with the Tribunal at least seven days before the day of the hearing may be heard on 
the appeal.  
 
Order or finding of the Tribunal  
 
(3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as 
the nature of the matter may require and, without limiting the generality of the foregoing, may 
declare what duty is payable or that no duty is payable on the goods with respect to which the 
appeal was taken, and an order, finding or de claration of the Tribunal is final and conclusive 
subject to further appeal as provided in section 62.  
 
88  
 
Paragraph 62(1)(c) of the Act is replaced by the following:  
 
(c) any person who entered an appearance in accordance with subsection 61(2),  
 
89  
 
The Act is amended by adding the following after section 62:  
 
Scope Ruling  
 
Application  
 
63 (1) Any interested person may submit an application to the President for a scope ruling with 
respect to any goods.  
 
Application review period  
(2) The President shal l, within 30 days after the day on which he or she receives the application, 
determine if it should be rejected or if a scope proceeding should be initiated.  
 
Extension of review period  
 
(3) The President may extend the period set out in subsection (2) to 45 days.  
 
Prescribed criteria  
 
(4) The President shall reject the application if any criteria prescribing the rejection of an 
application apply.  
 
Prescribed circumstances  
 
(5) The President may reject an application in the prescribed circumstances.  
 
Notice  
 
(6) The President shall provide written notice to the applicant if their application is rejected under 
subsection (4) or (5) and give reasons for the rejection.  
 
Incomplete application  
 
(7) If an application is incomplete, the notice referred to in subse ction (6) must identify the 
deficiencies in the application.  
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  Initiation of scope proceeding  
 
(8) If the President does not reject the application under subsection (4) or (5), the President shall 
initiate a scope proceeding with respect to the goods that a re the subject of the application.  
 
President 's initiative  
 
64 The President may initiate a scope proceeding with respect to any goods at any time, on the 
President 's own initiative.  
 
Notice of scope proceeding  
 
65 If a scope proceeding is initiated under subsection 63(8) or section 64, the President shall 
provide written notice to the applicant, if any, the government of the country of export, the 
exporter, the importer and the domestic producers.  
 
Scope ruling  
 
66 (1) Subject to subsections (2) and (3), on or before the one hundred twentieth day after the 
initiation of a scope proceeding under subsection 63(8) or section 64, the President shall make a 
scope ruling and provide reasons for it.  
 
Extension  
 
(2) The President may, in the prescribed circumstanc es, extend t he period set out in 
subsection  (1) to 210 days.  
 
Termination  
 
(3) At any time before the President makes a scope ruling under subsection (1), the President may 
cause the scope proceeding to be terminated in the prescribed circumstances.  
 
Scope  ruling – effective date  
 
(4) A scope ruling made under subsection (1) takes effect on the day on which it is made, unless 
the President indicates otherwise, and it includes any terms and conditions that the President 
considers appropriate.  
 
Notice  
 
(5) Th e President shall give written notice to the government of the country of export and the 
applicant, if any, of:  
 
(a) an extension given under subsection (2);  
 
(b) the making of a scope ruling under subsection (1); and  
 
(c) the termination of a scope procee ding under subsection (3).  
 
Factors for ruling  
 
(6) In making a scope ruling, the President shall take into account any prescribed factors and any 
other factor that the President considers relevant.  
 
Ruling final  
 
(7) A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as 
provided in subsection 61(1.1).  
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  Review of ruling  
 
67 (1) For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or 
the Supreme Court of Canada, the President sh all review the sco pe ruling made under 
subsection  66(1) to which that Tribunal or Court decision relates.  
 
Review – prescribed circumstances  
 
(2) The President may review a scope ruling made under subsection 66(1) under prescribed 
circumstances.  
 
Confirmat ion, amendment or revocation  
 
(3) The President shall confirm, amend or revoke a scope ruling r eviewed under subsection (1) 
or (2). 
 
Written notice  
 
(4) The President shall give written notice to the government of the country of export, the 
applicant, if a ny, and interested persons of a review undertaken under subsection (1) or (2).  
 
Application of scope ruling  
 
68 A scope ruling applies to  
 
(a) any determination or re -determination under sectio ns 55, 56 and 57 and 
paragraphs  59(1)(a) and (e); and  
 
(b) any decision relating to whether an undertaking in respect of which an investigation 
has been suspended under subparagraph 50(a)(iii) applies to goods.  
 
Binding decision  
 
69 Subject to the regulations, a scope ruling is binding with respect to any decision, de termination 
or re-determination made by a designated officer or the President in respect of any goods to which 
that scope ruling applies that are released on or after its effective date.  
 
Application – section 55  
 
70 (1) A scope ruling may be applied by th e President to any determination made under section 55 
in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs 
Act, no more than two years before the effective date of the scope ruling if, no later than 90 days 
after that effective date,  
 
(a) the importer of the goods  
 
(i) makes a written request in the prescribed form and manner and accompanied 
by the prescribed information, and  
 
(ii) has paid all duties owing on the goods; or  
 
(b) when the goods are goods of a NAF TA country, the government of that NAFTA country 
or, if they are of that NAFTA country, the producer, manufacturer or exporter of the 
goods makes a request as described in subparagraph (a)(i), whether or not the 
importer of the goods has paid all duties ow ing on the goods.  
 
Application – section 56  
 
(2) A scope ruling may be applied by a designated officer to any d etermination made under 
section  56 no more than two years before the ruling 's effective date if the determination has not 
previously been re -determined under section 57 or 59 and, no later than 90 days after that date,  
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  (a) the importer of the goods  
 
(i) makes a written request in the prescribed form and manner and accompanied 
by the prescribed information, and  
 
(ii) has paid all duties owing on the goods; or  
 
(b) when the goods are goods of a NAFTA country, the government of that NAFTA country 
or, if they are of that NAFTA country, the producer, manufacturer or exporter of the 
goods makes a request as described in subparagraph (a)(i), whether or not the 
importer of the goods has paid all duties owing on the goods.  
 
Application – section 57 or 59  
 
(3) A scope ruling may be applied by the President to any re -determination made under section 57 
or paragraph 59(1)(a) or (e) in respect of any goods tha t are the subject of a determination made 
under subsection 56(1) or (2) no more than two years before the ruling 's effective date if, no later 
than 90 days after that date,  
 
(a) the importer of the goods  
 
(i) makes a written request in the prescribed form and manner and accompanied 
by the prescribed information, and  
 
(ii) has paid all duties owing on the goods; or  
 
(b) when the goods are goods of a NAFTA country, the government of that NAFTA country 
or, if they are of that NAFTA country, the producer, manuf acturer or exporter of the 
goods makes a request as described in subparagraph (a)(i), whether or not the 
importer of the goods has paid all duties owing on the goods.  
 
Scope ruling – designated officer  
 
(4) A scope ruling may be applied by a designated off icer to any d etermination made under 
section  56 no more than two years before the ruling 's effective date if the designated officer 
deems it advisable within two years after the determination.  
 
Scope ruling – President  
 
(5) A scope ruling may be applied by  the President to any determination made under section 55 or 
any re -determination made under section 56 or 57 or paragraph 5 9(1)(a) or (e) no more than 
two years before the ruling 's effective date if the President deems it advisable within two years 
after the day on which the determination or re -determination is made, as the case may be.  
 
Requests under subsection (1) or (3)  
 
(6) In the case of a request made under subsection (1) or (3), the President shall make a decision 
within one year after the day on which the request was made.  
 
Date of decision  
 
(7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or 
filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) 
within 90 days after the scope ruling 's effective date is deemed to be made on that day.  
 
Deemed decision – subsection (1), (3) or (5)  
 
(8) A decision made under subsection (1), (3) or (5) is deemed to be a re -determination made by 
the President under subsection 59(1).  
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  Deemed  decision – subsection (2) or (4)  
 
(9) A decision made under subsection (2) or (4) is deemed to be a re -determination made by a 
designated officer under section 57.  
 
Anti-circumvention Investigations  
 
Definition of circumvention  
 
71 For the purposes of sec tions 72 to 75.6, circumvention means a situation in which all of the 
following exist:  
 
(a) a change has occurred in the pattern of trade since the day on which an order 
imposing a countervailing duty was made under section 7 or an investigation was 
initiated under section 31, as the case may be;  
 
(b) a prescribed activity is occurring and imports of the goods to which that prescribed 
activity applies are undermining the remedial effects of the order in council or the 
order or finding of the Tribunal; and  
 
(c) the principal cause of the change in trade pattern is the imposition of anti -dumping or 
countervailing duties.  
 
Initiation of investigation  
 
72 (1) The President shall cause an investigation to be initiated respecting the circumvention of an 
order or f inding of the Tribunal, or an order of the Governor in Council imposing a countervailing 
duty under section 7, on the President 's own initiative or, if he or she receives a written complaint 
respecting the circumvention, within 45 days after the day on which that complaint is received, if 
he or she is of the opinion that there is evidence that circumvention is occurring.  
 
Investigation – exporter or country  
 
(2) An anti -circumvention investigation may be initiated in respect of an exporter or in respect of a 
country, as the circumstances require.  
 
Complaint – required information  
 
(3) A complaint made under subsection (1) shall contain the information supporting the allegations 
that is reasonably available to the complainant and any other prescribed infor mation.  
 
Notice of investigation  
 
73 (1) If the President causes an anti -circumvention investigation to be initiated, he or she shall  
 
(a) cause notice of the investigation to be  
 
(i) given to the importer, the exporter, the government of the exporting cou ntry, 
the domestic producers and the complainant, if any, and  
 
(ii) published in the Canada Gazette; and  
 
(b) publish the reasons for initiating the investigation in the prescribed manner.  
 
President decides not to initiate investigation  
 
(2) If, after receipt of a complaint referred to in subsection 72(1), the President decides, with 
respect to some or all of the goods specified in the complaint, not to cause an investigation to be 
initiated, the President shall send a written notice of the decision and  the reasons for it to the 
complainant.  
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  Statement of essential facts  
 
74 (1) Subject to subsection (2), the President shall publish, in the prescribed manner, a 
statement of essential facts in respect of an investigation initiated under subsection 72(1) t hat 
includes  
 
(a) the President 's preliminary assessment of whether the evidence discloses a reasonable 
indication of circumvention; and  
 
(b) a summary of the facts the President relied on in making that preliminary assessment.  
Comments  
 
(2) Before making a decision under subsection 75.1(1), the President shall allow interested parties 
sufficient time to provide written comments on the statement of essential facts.  
 
Publication of statement  
 
(3) The President shall give notice of the publication of the stat ement of essential facts to the 
importer, the exporter, the government of the exporting country, the domestic producers and the 
complainant, if any.  
 
Termination  
 
75 (1) Despite section 74, the President may terminate an investigation at any time before th e 
publication of the statement of essential facts, if the President is satisfied that the goods in respect 
of which an investigation was initiated under subsection 72(1) are of the same description as 
goods to which an order or finding of the Tribunal or a n order of the Governor in Council applies.  
 
Factors  
 
(2) In making a decision under subsection (1), the President shall take into account the factors 
referred to in subsection 66(6).  
 
Notice of termination  
 
(3) If an investigation is terminated under subsection (1), the President shall  
 
(a) give notice of the termination to the importer, the exporter, the government of the 
exporting country, the domestic producers and the complainant, if any;  
 
(b) publish notice of the termination in the Canada Gazette ; and  
 
(c) on the same day that the notice is given, publish the reasons for terminating the 
investigation in the prescribed manner, including the reasons for determining that the 
goods in question are of the same description as goods to which an order or finding of 
the Tribunal or an order of the Governor in Council applies.  
 
Scope ruling  
 
(4) A decision made under subsection (1) is deemed to be a sco pe ruling made under 
subsection  66(1).  
 
Decision – circumvention  
 
75.1 (1) Subject to subsection 75(1), wit hin 180 days after initiating an investigation under 
subsection 72(1), the President shall make a decision and shall  
 
(a) cause written notice of the decision to be  
 
(i) given to the importer, the exporter, the government of the exporting country, 
the domestic producers and the complainant, if any, and  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  (ii) published in the Canada Gazette;  
 
(b) publish the reasons for the decision in the prescribed manner; and  
 
(c) in the case of the President finding that there is circumvention, file with the Tribunal 
the decision, the reasons for the decision and any other material relating to the 
decision that may be required under the rules of the Tribunal.  
 
Circumvention  
 
(2) In making the decision under subsection (1), the President may only make a finding of 
circumvention if, on the available evidence, the President is satisfied that importation of some or 
all of the goods in question constitutes circumvention.  
 
Details of decision  
 
(3) A decision setting out a finding of circumvention must specify  
 
(a) the goods t o which it applies; and  
 
(b) the exporters and the exporting countries to which it applies.  
 
Terms and conditions  
 
(4) A decision setting out a finding of circumvention may include any terms and conditions that the 
President considers appropriate.  
 
Extensi on of time period  
 
75.2 (1) The President may, at any time before the publication of the statement of essential facts 
and before the expiry of the 180 -day period set out in subsection 75.1(1), extend the period set 
out in that subsection to 240 days, in pr escribed circumstances.  
 
Notice of extension  
 
(2) The President shall cause written notice of any extension to be  
 
(a) given to the importer, the exporter, the government of the exporting country, the 
domestic producers and the complainant, if any; and  
 
(b) published in the Canada Gazette.  
 
Tribunal  
 
75.3 Without delay after a decision setting out a finding of circumvention is filed with the Tribunal 
under paragraph 75.1(1)(c), the Tribunal shall make an order amending the order or finding that 
is the sub ject of the President 's decision in the manner described in the decision, including any 
terms and conditions that are set out in the decision.  
 
Interim review  
 
75.4 (1) The President may, on his or her own initiative or at the request of the Minister of Fi nance 
or any other person, the Tribunal or a government, conduct an interim review of  
 
(a) a decision made under subsection 75.1(1) that sets out a finding of circumvention; or  
 
(b) any aspect of a decision referred to in paragraph (a).  
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  Included decisions  
 
(2) For the purposes of subsection (1), a decision made under subsection 75.1(1) is deemed to 
include any decision relating to it that is made under subsection (6) or 75.6(5) prior to the 
initiation of a review under subsection (1).  
 
Limitation  
 
(3) The President shall not conduct an interim review at the request of any person or government 
or the Tribunal unless the person or government or the Tribunal satisfies the President that the 
review is warranted.  
 
Decision if interim review not initiated  
 
(4) If  the President decides not to conduct an interim review at the request of a person or 
government, the President shall forward a copy of the decision and the reasons for it to that 
person or government.  
 
Initiation of interim review  
 
(5) If the President de cides to conduct an interim review the President shall cause written notice of 
the decision to be  
 
(a) given to the importer, the exporter, the government of the exporting country, the 
domestic producers, and the person or government requesting the review,  if any; and  
 
(b) published in the Canada Gazette.  
 
Decision  
 
(6) On completion of an interim review, the President shall make a decision rescinding the decision 
under review or confirming it, with or without amendment, as the circumstances require, and shall 
give reasons for making the decision.  
 
Notice  
 
(7) On completion of an interim review, the President shall  
 
(a) cause written notice of the decision made under subsection (6) to be given to the 
importer, the exporter, the government of the exporting country, the domestic 
producers and the person or government requesting the review, if any;  
 
(b) cause the notice to be published in the Canada Gazette;  
 
(c) publish the reasons for that decision in the prescribed manner; and  
 
(d) if the decision requires the amendment of an order or finding of the Tribunal, file with 
the Tribunal the decision, the reasons for the decision and any other material relating 
to the decision that may be required under the rules of the Tribunal.  
 
Tribunal  
 
(8) Without delay after  a decision is filed with the Tribunal under paragraph (7)(d), the Tribunal 
shall make an order amending the order or finding that is the subject of the President 's decision in 
the manner described in the decision, including any terms and conditions that a re set out in the 
decision.  
 
Review of decision  
 
75.5 (1) For the purpose of giving effect to a decision of the Federal Court of Appeal or the 
Supreme Court of Canada, the President shall review the decision or determination made under 
subsection 75.1(1), 75.4(6) or 75.6(5) to which that Court decision relates.  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  Confirmation, amendment or revocation  
 
(2) The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the 
confirmation, amendment or revocation is deemed, except for th e purposes of section 96.1, to be 
a decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5), as the case may 
be. 
 
Request for exemption  
 
75.6 (1) An exporter to Canada of any goods to which an order or fi nding referred to in 
subsection  3(1.1) or (1.2) applies may request that the President determine whether the goods 
from that exporter may be exempt from the extension of duties if the exporter  
 
(a) establishes that they are not associated with any exporter who was given notice of the 
circumvention investigation; and  
 
(b) has not been  
 
(i) given notice of the initiation of that investigation, or  
 
(ii) requested to provide information during the course of that investigation.  
 
Form of request  
 
(2) A request under subsection (1) shall be made  in the prescribed manner and form and shall 
contain the prescribed information.  
 
Review – circumvention  
 
(3) If the President receives a request under subsection (1) and he or she is satisfied that a review 
is warranted, the President shall initiate a rev iew, on an expedited basis, in order to determine 
whether goods from that exporter may be exempt from the extension of duties.  
 
Notice  
 
(4) If a review is initiated under subsection (3), the President shall provide written notice to the 
importer, the expor ter, the government of the exporting country and the domestic producers.  
 
Decision  
 
(5) Upon completion of the review, the President shall make a determination that the goods from 
the exporter are  
 
(a) subject to the extension of duties if the President is  satisfied that circumvention is 
occurring; or  
 
(b) exempt from the extension of duties if the President is satisfied that no circumvention 
is occurring.  
 
Notice  
 
(6) Upon completion of the review, the President shall  
 
(a) cause notice of the determination  to be given to the importer, the exporter, the 
government of the exporting country, the domestic producers and the person 
requesting the review; and  
 
(b) if the President makes a determination under paragraph (5)(b), cause to be filed with 
the Tribunal:  
 
(i) written notice of the determination, stating the reasons for the determination, 
and G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  (ii) any other material that may be required under the rules of the Tribunal.  
 
Amendment – order or finding  
 
(7) Without delay after receipt of a notice under paragraph  (6)(b), the Tribunal shall make an 
order amending the order or finding that is affected by the review in order to give effect to the 
President 's determination.  
 
Termination of investigation or review  
 
75.7 (1) The President may terminate any investigation  initiated under subsection 72(1) or any 
review initiated under subsection 75.4(1) or 75.6(3) in respect of any goods of an exporter or 
country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of 
which the investi gation or review is undertaken has expired or been rescinded or amended in 
respect of those goods prior to the conclusion of the investigation or review.  
 
Notice of termination  
 
(2) The President shall cause written notice of the termination of an investig ation or review under 
subsection (1) to be  
 
(a) given to the importer, the exporter, the government of the exporting country, the 
domestic producers and, if appropriate, to the complainant or applicant, if any; and  
 
(b) published in the Canada Gazette if t he termination is in relation to an investigation 
initiated under subsection 72(1) or a review initiated under subsection 75.4(1).  
 
90 
 
(1) The portion of subsection 76.01(1) of the Act before paragraph (a) is replaced by the 
following:  
 
Interim review of orders by Tribunal  
 
76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding 
described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the 
Minister of Finance, the President or any o ther person or of any government, conduct an interim 
review of  
 
(2) Section 76.01 of the Act is amended by adding the following after subsection (1):  
 
Exclusion  
 
(1.1) The Tribunal shall refer any portion of a request for interim review relating to a decis ion by 
the President setting out a finding of circumvention under subsection 75.1(1) or 75.4(6) to the 
President who shall make a decision relating to that portion of the request under section 75.4.  
 
91  
 
(1) The portion of subsection 76.03(1) of the Act b efore paragraph (a) is replaced by the 
following:  
 
Order or finding deemed to be rescinded  
 
76.03 (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an 
order or finding described in any of subsections 3(1) and (2) a nd sections 4 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:  
 
(2) The portion of subsection 76.03(3) of the Act before para graph (a) is replaced by the 
following:  
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  Review of orders by Tribunal  
 
(3) The Tribunal may initiate an expiry review of an order or finding described in any of 
subsections 3(1) and (2) and sections 4 to 6  
 
(3) Section 76.03 of the Act is amended by adding  the following after subsection (12):  
 
Review period  
 
(13) For the purposes of conducting a review of an order or finding under this section the following 
are not to be considered:  
 
(a) an order made by the Tribunal under section 75.3 or subsection 75.4(8)  or 75.6(7) 
amending the order or finding under review, if that order is made on or after the day 
on which notice is published under subsection (2) and before the day on which the 
order of the Tribunal is made under subsection (12); and  
 
(b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) 
or 75.6(5) in respect of the order or finding under review.  
 
Expiry of anti -circumvention order  
 
(14) An order made as a result of a decision by the President setting out a finding of ci rcumvention 
or an interim review decision of the President relating to a finding of circumvention, other than an 
order rescinding the extension of duties or exempting an exporter from the extension of duties, 
expires  
 
(a) if an expiry review is not initiat ed under subsection (3), five years after the day on 
which the order or finding that was the subject of the anti -circumvention investigation 
or interim review was made; and  
 
(b) if an expiry review of the order or finding that was the subject of the anti -
circumvention investigation or interim review is initiated under subsection (3), the day 
on which the Tribunal makes an order under subsection (12).  
 
92  
 
Paragraphs 76.1(5)(a) and (b) of the Act are replaced by the following:  
 
(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 decision of the President under that 
paragraph to cause an investigation to be terminated;  
 
(b) paragraph 41(1)(b), if the decision or determination was con tinued or made as a 
result of a review under this section of a final determination of the President under 
that paragraph;  
 
93  
 
Paragraphs (a) and (b) of the definition definitive decision in subsection 77.01(1) of the Act are 
replaced by the following:  
 
(a) a decision of the President under paragraph 41(1)(a),  
 
(b) a final determination of the President under paragraph 41(1)(b),  
 
94  
 
Subsection 77.013(3) of the Act is replaced by the following:  
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  Single panel  
 
(3) If a request is made for the review of a final determination o f the President under 
paragraph  41(1)(b) that applies to or is made in respect of particular goods of a NAFTA country 
and another request is made for the review of an order or finding o f the Tribunal under 
subsection  43(1) that applies  to or is made in respect of those goods, one panel may, with the 
consent of the Minister and the government of that NAFTA country, be appointed to review the 
final determination and the order or finding.  
 
95  
 
Paragraphs (a) and (b) of the definition defi nitive decision in subsection 77.1(1) of the Act are 
replaced by the following:  
 
(a) a decision of the President under paragraph 41(1)(a),  
 
(b) a final determination of the President under paragraph 41(1)(b),  
 
96  
 
Subsection 77.13(2) of the Act is replace d by the following:  
 
Single panel  
 
(2) If a request is made for the review of a final determination o f the President under 
paragraph  41(1)(b) that applies to or in respect of particular goods of the United States and 
another request is made for the review of an order or finding o f the Tribunal under 
subsection  43(1) that applies to or in respect of those goods, one panel may, with the consent of 
the Minister and the United States government, be appointed to review the final determination and 
the order or fi nding.  
 
97 
 
(1) Paragraphs 96.1(1)(a) and (b) of the Act are replaced by the following:  
 
(a) a decision of the President under paragraph 41(1)(a);  
 
(b) a final determination of the President under paragraph 41(1)(b);  
 
(2) Subsection 96.1(1) of the Act is a mended by adding the following after paragraph (c.1):  
 
(c.2) a decision of the President under subsection 75.1(1);  
 
(c.3) a decision of the President under subsection 75.4(6);  
 
(c.4) a determination of the President under subsection 75.6(5);  
 
98  
 
(1) Para graph 97(1)(a.1) of the Act is amended by striking out "and" at the end of 
subparagraph  (i) and by adding the following after subparagraph (ii):  
 
(iii) whether there has been a change in the pattern of trade,  
 
(iv) whether the process of assembly or completion is insignificant,  
 
(v) the principal cause of a change in a pattern of trade, and  
 
(vi) whether a prescribed activity is undermining the remedial effects of an order of 
the Governor in Council or an order or finding;  
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  (2) Paragraph 97(1)(b) of t he Act is replaced by the following:  
 
(a.2) respecting activities for the purposes of paragraph 71(b);  
 
(b) specifying the circumstances and manner in which two or more properly documented 
complaints, investigations or inquiries, including anti -circumventi on complaints and 
investigations and scope ruling applications and scope proceedings, 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;  
 
(c) prescribing, for the purpose of subsection 74(2), what constitutes a sufficient amount 
of time for interested parties to provide written comments;  
 
(3) 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 s ection 
89 or 95 and the expression interested person for the purpose of subsections 61(1.1), 
63(1) or 67(4);  
 
(g.01) prescribing what constitutes a complete application for the purposes of subsection 
63(7);  
 
Transitional Provisions  
 
Definitions  
 
99  
 
The definitions in this section apply in this section and sections 100 and 101.  
 
commencement day  means the day on which this section comes into force.  (date de référence)  
 
former Act  means the Special Import Measures Act  as it read on the day before the 
comme ncement day.  (ancienne loi)  
 
new Act  means the Special Import Measures Act  as it read on the commencement day.  (nouvelle 
loi) 
 
Disposition of notified complaints  
 
100  
 
(1) Subject to subsections (2) to (7), if, before the commencement day, notice of a com plaint 
respecting the dumping or subsidizing of goods that is properly documented, as defined in 
subsection 2(1) of the former Act, has been given under paragraph 32(1)(a) of that Act, any 
proceeding, process or action in respect of the goods shall be cont inued and disposed of in 
accordance with that Act.  
 
Goods subject to order made after commencement day  
 
(2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) 
of the new Act on or after the commencement day with r espect to goods that are the subject of a 
complaint referred to in subsection (1), any subsequent proceeding, process or action in respect of 
those goods other than the following shall be disposed of in accordance with that Act:  
 
(a) a judicial review or d ispute settlement under Part I.1 or II of the new Act in relation to 
that order or finding and any proceeding, process or action in relation to the judicial 
review or dispute settlement;  
 
(b) a proceeding, process or action in relation to any of those good s that were released 
before the commencement day;  
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  (c) a proceeding, process or action in relation to any of those goods that were released on 
or after the commencement day but on or before the day on which the Tribunal made 
the order or finding; or  
 
(d) a proceeding, process or action under section 45 of the new Act in relation to that 
order or finding.  
 
Effect of order or finding  
 
(3) For greater certainty, any order or finding that was made before the commencement day and 
is in effect on that day shall, for the purposes of sections 3 to 6 of the new Act, have the same 
force and effect as if it were made under that Act.  
 
New Act does not justify review  
 
(4) For the purpose of subsection 76.01(3) of the new Act, the fact that this Act comes into force 
is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim 
review of an order or finding is warranted.  
 
Determination – undertaking  
 
(5) Any determination, on or after the commencement day, of a normal value, export p rice, 
amount of subsidy or margin of dumping in relation to any goods that are subject to an 
undertaking accepted before the commencement day shall be made in accordance with the new 
Act. 
 
Determination – deeming  
 
(6) A determination of a normal value, exp ort price, amount of subsidy or margin of dumping 
made in relation to goods under the former 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 Act.  
 
Re-determination of normal value, etc.  
 
(7) A re -determination of a normal value, export price, amount of subsidy or margin of dumping 
referred to in subsection (6) shall be made in accordance with the new Act.  
 
Application  
 
101  
 
The provisions  of the new Act, as enacted or amended by sections 68 to 98, apply to goods from a 
NAFTA country, as defined in subsection 2(1) of that Act.  
 
Coming into Force  
 
Order in council  
 
102  
 
Sections 68, 69, 74, 75 and 84 to 91, subsection 97(2) and sections 98 to 101 come into force on 
the day fixed by order of the Governor in Council.  
 
 
 
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  REGULATIONS AMENDING  THE SPECIAL IMPORT M EASURES REGULATIONS  
AND THE CANADIAN INT ERNATIONAL TRADE TRI BUNAL REGULATIONS  
SPECIAL IMPORT MEASU RES ACT  
Special Import Measures Re gulations  
1  
 
Paragraph 13(a) of the Special Import Measures Regulations1 is replaced by the following:  
 
(a) sales that are such as to permit a proper comparison are sales, other than any sale 
referred to in subsection 16(2) of the Act, that satisfy the gr eatest number of the 
conditions set out in paragraphs 15(a) to (e) of the Act, t aking into account 
subsection  16(1) of the Act; 
 
2  
 
Section 37 of the Regulations is amended by adding the following after paragraph (b):  
 
(b.1) a list of the trade unions tha t represent persons employed in t he production of like 
goods in Canada and the associations that include such trade unions, whom the 
complainant knows of;  
 
3  
 
Subsection 37.2(1) of the Regulations is amended by adding the following after paragraph (b):  
 
(b.1) whether there has been a decision setting out a finding of circumvention in respect of 
the order or finding that is subject to the expiry review or in respect of similar goods 
to the goods to which that order or finding applies;  
 
4  
 
The heading befo re section 38 and sections 38 to 40 of the Regulations are replaced by the 
following:  
 
Joinder of Investigations and Proceedings  
 
38 Subject to section 39, if the same goods, like goods or similar goods are  
 
(a) subject to more than one properly documented  complaint in relation to the dumping 
or subsidizing  of goods, the President may join the complaints for the purpose of 
initiating a single investigation;  
 
(b) subject to more than one preliminary inquiry, the Tribunal may join the preliminary 
inquiries a nd carry them out as a single preliminary inquiry;  
 
(c) subject to more than one dumping investigation or subsidy investigation, or one or 
more dumping investigations and one or more subsidy investigations, the President 
may join the investigations and car ry them out as a single investigation;  
 
(d) subject to more than one application for a scope ruling, the President may join the 
applications for the purpose of initiating a single scope proceeding;  
 
(e) subject to more than one scope proceeding, the Presid ent may join  the proceedings 
and carry them out as a single scope proceeding;  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  (f) subject to more than one complaint respecting circumvention, the President may join 
the complaints for the purpose of initiating a single anti -circumvention investigation;  
 
(g) subject to more than one anti -circumvention investigation, the President may join the 
investigations and carry them out as a single anti -circumvention investigation;  
 
(h) subject to one or more applications for a scope ruling and one or more complaints  
respecting  circumvention, the President may join the applications and complaints for 
the purpose of initiating a single anticircumvention investigation, which includes 
consideration of the issue of scope; and  
 
(i) subject to one or more scope proceedings  and one or more anti -circumvention 
investigations, the President may join the scope proceedings and the investigations 
and carry them out as a single anti -circumvention investigation, which includes 
consideration of the issue of scope.  
 
39 (1) An investig ation referred to in paragraph 38(c) is not to be joined wi th another investigation 
under that paragraph if a preliminary determination of dumping or subsidizing has been made in 
respect of at least one of those investigations.  
 
(2) An investigation referr ed to in paragraph 38(g) or (i) is not to be joined with another 
investigation or proceeding under that paragraph if a statement of essential facts has been 
published in respect of at least one of those investigations.  
 
40 (1) If complaints are joined unde r paragraph 38(a), the President shall cause written notice of 
the joinder to be provided to the complainants and government of each country of export involved 
in the complaints.  
 
(2) If preliminary inquiries are joined under paragraph 38(b), the Tribunal shall cause written 
notice of the joinder to be provided to the President and the complainants, importers, exporters 
and government of each country of export involved in the inquiries.  
 
(3) If investigations are joined under paragraph 38(c), the President shall cause written notice of 
the joinder to be provided to the Tribunal and the complainants, importers, exporters and 
government of each country of export involved in the investigations.  
 
(4) If applications or complaints are joined under paragraph 38(d), (f) or (h), the President shall 
cause written notice of the joinder to be provided to the complainants and applicants involved in 
them.  
 
(5) If proceedings or investigations are joined und er paragraph 38(e), (g) or (i), the President 
shall cause written notice of the joinder to be provided to the complainants, applicants, importers, 
exporters, government of each country of export and domestic producers involved in them.  
 
5  
 
(1) Subsection 40.1(1) of the Regulations is replaced by the following:  
 
40.1 (1) A request referred to in subsection 45(1) of the Act shall be made in writing to the 
Tribunal  within 45 days after the issuance of an order or finding by the Tribunal under section 43 
of the Act.  
 
(2) Subsection 40.1(4) of the Regulations is replaced by the following:  
 
(4) A request by a person referred to in subsection 45(6) of the Act to make representations to the 
Tribunal on the question referred to in that subsection shall be made in writing and filed with the 
Tribunal within 21 days after the date of publication of  the notice referred to in subsection 45(2) of 
the Act.  
 
6 
 
Section 41 of the Regulations is replaced by the following:  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  41 For the purpose of subsection 45(6) of the Act, person interested means  
 
(a) a person who is engaged in the production, sale or expo rt of any goods that are the 
subject of an investigation;  
 
(b) a person who is engaged in the purchase or import of any go ods that are the subject 
of an investigation, or a trade union that represents persons employed in such 
purchase or import or an asso ciation that includes such trade unions;  
 
(c) a person who is engaged in the production, purchase or sale of an y goods produced in 
Canada that are like goods in relation to any goods that are the subject of an 
investigation, or a trade union that represent s persons employed in such production, 
purchase or sale or an association that includes such trade unions;  
 
(d) a person who is engaged in the production or sale of any goods produced in Canada 
that are used in the production of like goods in relation to a ny goods that are the 
subject of an investigation, or a trade union that represents persons employed in such 
production or sale or an association that includes such trade unions;  
 
(e) a person who is acting on behalf of a person referred to in any of p aragraphs (a) to 
(d) or a trade union or association referred to in any of paragraphs (b) to (d);  
 
(f) a person who is required or authorized by any Act of Parliament or of t he legislature of 
a province to make representations to the Tribunal on the question r eferred to in 
subsection 45(6) of the Act;  
 
(g) a person who is a user of any goods that are like goods in relation to any goods that 
are the subject of an investigation, or a trade union that represents persons employed 
by such a user or an association th at includes such trade unions; or  
 
(h) an association whose purpose includes to advocate for consumer interests in Canada.  
 
7  
 
Section 47 of the Regulations is replaced by the following:  
 
47 For the purposes of subsections 56(1.01) and (1.1), 58(1.1) and  (2) and 70(1) to (3) of the 
Act, a request for a re -determination shall be delivered to the Canada Border Services Agency at 
the address specified on its website.  
 
8 
 
Section 51 of the Regulations is repealed.  
 
9  
 
The Regulations are amended by adding the following after section 52:  
 
52.1 For the purposes of subsections 70(1) to (3) of the Act, a request for a re -determination shall 
be accompanied by  
 
(a) a statement that identifies which scope ruling the requester considers applicable to 
the imported goods;  
 
(b) arguments to support the requester 's position that the scope ruling applies to the 
imported goods, along with a statement of facts in support of those arguments;  
 
(c) evidence in support of those arguments a nd facts; and  
 
(d) if the requester is the importer of the goods, a copy of  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 26 - 
 
  (i) the documentation used in accounting for the goods  under subsection 32(1), (3) 
or (5) of the Customs Act, and 
 
(ii) for goods that were released prior to accounting, any docum entation that was 
used in making an interim accounting for the goods under subsection 32(2) of 
the Customs Act  that is different from the documentation referred to in 
subparagraph (i).  
 
52.2 For the purpose of subsection 60.1(2) of the Act, the notice of a re -determination is to be 
published on the website of the Canada Border Services Agency no later than 15 days after the 
day on which the re -determination was made.  
 
52.3 (1) For the pur pose of subsection 61(1.1) of the Act, interested person means any person 
who, in the opinion of the Tribunal, has a substantial interest in the matter and any person who  
 
(a) in respect of an appeal of a re -determination, is a domestic producer of like go ods in 
relation to goods that are subject to the applicable order of the Governor in Council or 
order or finding of the Tribunal; and  
 
(b) in respect of an appeal of a scope ruling or an amendment to a scope ruling, provided 
information to the President fo r the purpose of either the proceeding that resulted in 
the scope ruling or the review that resulted in the amendment, or both.  
 
(2) For the purpose of subsection 63(1) of the Act, interested person means  
 
(a) any person who is, or may become,  
 
(i) an importer of goods that are or could be subject to the applicable or der of the 
Governor in Council, order or finding of the Tribunal or undertaking, or  
 
(ii) an exporter of such goods;  
 
(b) a foreign producer of such goods;  
 
(c) a domestic producer of like  goods in relation to goods that are subject to the 
applicable order, finding or undertaking; or  
 
(d) any person who, in the opinion of the President, has a substantial interest in the 
matter.  
 
(3) For the purpose of subsection 67(4) of the Act, interested  person means any person who 
provided information to the President for the purpose of the review of the scope ruling.  
 
10  
 
The portion of section 53 of the Regulations before paragraph (a) is replaced by the following:  
 
53 For the purposes of the definition government of a NAFTA country in subsection 2(1) of the Act, 
the following are prescribed departments for the purposes of subsections 56(1.01), 58(1.1), 
59(3.1) and 70(1) to (3) of the Act:  
 
11  
 
The Regulations are amended by adding the followi ng before section 54:  
 
12  
 
The Regulations are amended by adding the following after section 54:  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 27 - 
 
  Scope Ruling  
 
54.1 An application for a scope ruling referred to in subsection 63(1) of the Act is complete if it 
contains the following information:  
(a) in all cases,  
 
(i) the name and civic address and, if different, postal address of the interested 
person,  
 
(ii) an indication as to which of subparagraph 52.3(2)(a)(i) or (ii)  or of 
paragraph  52.3(2)(b), (c) or  (d) describes the interested person,  
 
(iii) an indication of any order of the Governor in Council, order or finding of the 
Tribunal and undertaking in respect of which an investigation has been 
suspended, for which the ruling is applied for,  
 
(iv) an indication as to the claim in respect of whether the  goods for which the 
ruling is applied for are of the same description as goods to which the applicable 
order, finding or undertaking referred to in subparagraph (iii) applies, along 
with arguments and documents in support of the claim,  
 
(v) a description of the goods for which the ruling is applied for, notably a 
description of their physical characteristics, their composition, their uses, their 
packaging, including any other goods contained in  the packaging, along with, if 
any, their technical specificati ons and their trade name,  
 
(vi)  each of the classification numbers under the Harmonized Commodity 
Description and Coding System attributed to the goods for which the ruling is 
applied for,  
 
(vii)  an indication as to whether those goods have been sold or consigned to an 
importer in Canada and whether those goods have been imported,   
 
(viii)  the name and civic address and, if different, postal address of e ach importer in 
Canada of those goods, if known,  
 
(ix) the name and civic address and, if different, p ostal address of each producer 
and exporter of those goods, if known,  
 
(x) the name and civic address and, if different, postal address of each domestic 
producer of like goods, and of any association of those domestic producers, if 
known, and  
 
(xi) any oth er relevant information; and  
 
(b) if the basis for the ruling that is applied for is a claim as to whether th e goods for 
which the ruling is applied for originate in a country that is subject to the applicable 
order, finding or undertaking referred to in s ubparagraph (a)(iii) or originate in a 
third country,  
 
(i) the name of the subject country and the third country,  
 
(ii) a description, at the time of their export from the subject country, of goods 
from which the goods for which the ruling is applied for a re produced,  
 
(iii) the name and civic address and, if different, postal address, of eac h producer 
and exporter of the goods for which their description is required by 
subparagraph (ii), if known,  
 
(iv) a description of the movement of the goods for which their descript ion is 
required by subparagraph (a)(v) from the third country to Canada and by 
subparagraph (ii) from the subject country to the  third country, including a G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 28 - 
 
  specification of any intermediate country that they entered and left or through 
which they were transhipped en route,  
 
(v) a description of production activities, undertaken in the subject cou ntry, the 
third country and any intermediate country, in relation to goods for which their 
description is required by subparagraph (a)(v)  and subparag raph (ii), and  
 
(vi) any other relevant information.  
 
54.2 For the purpose of subsection 63(4) of the Act, the President shall reject an application for a 
scope ruling if the application is incomplete or there is a scope ruling that applies to the goods fo r 
which the ruling is applied for. 
 
54.3 For the purpose of subsection 63(5) of the Act, the President may reject an application for a 
scope ruling if any of the following circumstances apply:  
 
(a) the goods for which the ruling is applied for have not bee n produced as of the day on 
which the application is received;  
 
(b) the basis for which the ruling is applied for is the subject of a proceeding before the 
President, the Tribunal, the Federal Court of Appeal, the Supreme Court of Canada or 
a panel under P art I.1 or II of the Act;  
 
(c) following a decision setting out a finding of circumvention, the T ribunal makes an 
amending order referred to in section 75.3 of the Act that applies to the goods for 
which the ruling is applied for;  
 
(d) a decision by the Tr ibunal, the Federal Court of Appeal, the Supreme Court of Canada, 
or a panel under Part I.1 or II of the Act, applies to the ruling that is applied for; and  
 
(e) in the opinion of the President, the application is frivolous, vexatious or made in bad 
faith. 
 
54.4 For the purpose of subsection 66(2) of the Act, the President may extend the period for 
making a scope ruling to 210 days if any of the following circumstances apply:  
 
(a) the issues presented by the scope proceeding are complex or novel;  
 
(b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence; and  
(c) it is difficult to consider the information and evidence in light of the variety of goods in 
respect  of which the scope proceeding has been initiated, the number of  persons 
involved in the proceeding or any  unusual difficulties.  
 
54.5 For the purpose of subsection 66(3) of the Act, the President may terminate a scope 
proceeding if any of the following circumstances apply:  
 
(a) the President is unable to obtain necess ary evidence or assess the accuracy of 
evidence;  
 
(b) in the opinion of the President, there are no grounds for making the scope ruling;  
 
(c) there is a scope ruling that applies to the goods in respect of which the scope 
proceeding has been initiated; and  
 
(d) a circumstance referred to in any of paragraphs 54.3(b) to (d) arises after the 
initiation of the proceeding.  
 
54.6 For the purpose of subsection 66(6) of the Act, the President may take the following factors 
into account in making a scope ruling:  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 29 - 
 
  (a) in all cases,  
 
(i) the physical characteristics of the goods in respect of which the scope 
proceeding has been initiated, including their composition,  
(ii) their technical specifications,  
 
(iii) their uses,  
 
(iv) their packaging, including any other goods contained in the packag ing, along 
with the promotional material and documentation concerning the goods in 
respect of which the scope proceeding has been initiated, and  
 
(v) their channels of distribution;  
 
(b) for a ruling as to whether goods in resp ect of which the scope proce eding has been 
initiated are of the same description as goods to which an order of the Governor in 
Council or an order or finding of the Tribunal applies,  
 
(i) the description of the goods referred to in that order or that order  or finding,  
 
(ii) in the case of an order or finding of the Tribunal, the reasons for the order or 
finding, and  
 
(iii) any relevant decision by the Tribunal, the Federal Court of Appeal, the S upreme 
Court of Canada, or a panel under Part I.1 or II of the Act; 
 
(c) for a ruling as to whether goods in respect of which the scope proce eding has been 
initiated are of the same description as goods to which an undertaking applies,  
 
(i) the description of the goods referred to in the preliminary determin ation of 
dumping or subsidizing and in the undertaking, and  
 
(ii) the reasons for the preliminary determination; and  
 
(d) if the basis for a ruling referred to in paragraph (b) or (c) is whether goods in respect 
of which the scope proceeding has been initiated originate in a country that is subject 
to the applicable order, finding or undertaking or originate in a third country,  
 
(i) the production activities undertaken in the third country in respect of t he goods 
and undertaken in the subject country in respect of goods from which the goods 
are produced,  
 
(ii) the nature of the goods when they were exported from the third country and of 
goods from which the goods are produced when they were exported from the 
subject country, and  
 
(iii) the costs of production of the goods incurred in the third country.  
 
54.7 For the purpose of subsection 67(2) of the Act, the President may review a scope ruling in 
any of the following circumstances:  
 
(a) an order or finding is issued by the Tribunal with respect to goods of the sa me 
description as goods to which the ruling applies except that those goods originate in, 
or are exported from, a country that is different from a subject country in the ruling;  
 
(b) an order made under subsection 76.01(5) or 76.03(12) of the Act affects t he ruling;  
 
(c) an order or finding made under subsection 61(3) or 62(2) of the Act r elates to the 
scope ruling or a definitive decision that relates to the scope ruling is referred back 
under subsection  77.015(3) or (4),  77.019(5), 77.15(3) or (4) or 77.1 9(4) of the Act;  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 30 - 
 
  (d) a decision referred to in subsection 75.1(1) of the Act sets out a finding of 
circumvention that relates to the scope ruling;  
 
(e) the ruling is based on erroneous information; and  
 
(f) there has been a material change in circumstance s since the ruling was made.  
 
Expedited Review  
 
13  
 
(1) The portion of subsection 55(1) of the Regulations before paragraph (a) is replaced by the 
following:  
 
55 (1) For the purpose of subsection 13.2(2) of the Act, a request for a review shall contain the 
following information:  
 
(2) Subsection 55(2) of the Regulations is replaced by the following:  
 
(2) A request for a review shall be delivered to the Canada Border Services Agency at the address 
specified on its website.  
 
14  
 
The Regulations are amended  by adding the following after section 57.1:  
 
Anti-circumvention Investigations  
 
57.11 For the purpose of paragraph 71(a) of the Act, the followin g factors may be considered in 
determining whether there has been a change in the pattern of trade:  
 
(a) any change in the volume of imports into Canada of goods subject to the applicable 
order of the Governor in Council or the applicable order or finding of the Tribunal;  
 
(b) any change in the volume of imports into Canada of goods in respect of which 
circumvent ion may be occurring;  
 
(c) any change in the volume of imports – from the country named in th at applicable 
order or order or finding into the country from which goods referred to in 
paragraph  (b) originate or are exported – of 
 
(i) like goods in relation to goods referred to in paragraph (a), or  
 
(ii) parts or components from which like goods referred to in subparagraph (i) are 
assembled or  completed; and  
 
(d) any other relevant factor.  
 
57.12 For the purpose of paragraph 71(b) of the Act, the following activities are prescribed:  
 
(a) the assembly or completion of like goods in Canada, by means of insignificant 
processes, using parts or components – that represent a major portion of the total 
cost of producing the like goods – originating in or exported f rom a country that is 
subject to the applicable order of the Governor in Council or the applicable order or 
finding of the Tribunal, whether or not those parts or components are the only ones 
used to assemble or complete the like goods in Canada;  
 
(b) the assembly or completion of like goods in a third country, by means of insignificant 
processes, using parts or components – that represent a major portion of the total 
cost of producing the like goods – originating in or exported from a country that is 
subje ct to the applicable order of the Governor in Council or the applicable order or G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 31 - 
 
  finding of the Tribunal, whether or not those parts or components are the only ones 
used to assemble or complete the like goods in the third country; and  
 
(c) the slight modif ication – in a country that is subject to the applicable order of the 
Governor in Council or the applicable order or finding of the Tribunal or in a third 
country – of like goods originating in or exported from that subject country such that 
the slightly m odified goods are no longer like goods.  
 
57.13 The following factors may be considered in determining whether the processes of assembly 
or completion of the like goods referred to in paragraph 57.12(a) or (b) are insignificant:  
 
(a) the nature of those pro cesses;  
 
(b) the nature of the facilities used to carry out those processes;  
 
(c) the level of investment related to those processes and to those facilities;  
 
(d) the level of research and development related to those processes;  
 
(e) the costs of those pr ocesses;  
 
(f) the proportion of those costs in relation to the cost of production of the like goods; 
and 
 
(g) any other relevant factor.  
 
57.14 The following factors may be considered in determining whether a modification of like goods 
referred to in paragraph 57.12(c) is slight:  
 
(a) the physical characteristics of the modified goods and the like goods, including their 
composition;  
(b) the technical specifications of the modified goods and the like goods;  
 
(c) each of the classification numbers under the Harmonized Commodit y Description and 
Coding System attributed to the modified goods and the like goods;  
 
(d) the uses of the modified goods and the like goods;  
 
(e) the extent to which the modified goods could be substituted for the like goods and 
consumer preferences in relation to the modified goods and the like goods;  
 
(f) the packaging for the modified goods and the like goods, along with the promotional 
material and documentation concerning the modified goods and the like goods;  
 
(g) the channels of distribution for the modified goods and the like goods;  
 
(h) the difference in the processes to produce, the facilities used to produce and the costs 
of producing the modified goods and the like goods;  
 
(i) the cost of the modification and, if it is pos sible to reverse the modification, the cost 
of reversing it; and  
 
(j) any other relevant factor.  
 
57.15 For the purposes of paragraph 71(b) of the Act, the following factors may be considered in 
determining whether imports of goods to which an activity ref erred to in section 57.12 applies are 
undermining the remedial effects of the applicable order of the Governor in Council or the 
applicable order or finding of the Tribunal:  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 32 - 
 
  (a) the price and volume of like goods referred to in paragraph 57.12(a) sold in Canada or 
the price and volume of imports of like goods referred to in paragraph  57.12(b) or of 
slightly modified goods referred to in paragraph 57.12(c);  
 
(b) whether the goods referred to in paragraph (a) are sold to consumers that otherwise 
may have bought goods that are subject to the applicable order of the Governor in 
Council or the applicable order or finding of the Tribunal;  
(c) whether the goods referred to in paragraph ( a) have the same use as goods that are 
subject to the applicable order of the Governor in Council or the applicable order or 
finding of the Tribunal; and  
 
(d) any other relevant factor.  
 
57.16 For the purpose of paragraph 71(c) of the Act, the following fa ctors may be cons idered in 
determining the principal cause of a change in trade pattern:  
 
(a) a difference in costs in respect of  
 
(i) goods that are subject to the applicable order of the Governor in Cou ncil or the 
applicable order or finding of the Trib unal, and   
 
(ii) the like goods referred to in paragraph 57.12(a) or (b) or the slightl y modified 
goods referred to in paragraph 57.12(c);  
 
(b) the timing of when an activity referred to in section 57.12 began or subs tantially 
increased in relation to the day on which an order imposing a countervailing duty was 
made under section  7 of the Act or an investigation was initiated under section 31 of 
the Act, as the case may be;  
 
(c) the sale, in a country other than Canada, of like  goods referred to in 
paragrap h 57.12(b), of parts or  components referred to in paragraph 57.12(a) or (b) 
or of slightly modified goods referred to in paragraph 57.12(c);  
 
(d) a change in consumer preferences in relation to go ods referred to in 
subparagraph  (a)(i) or (ii) or to parts or components referred to in 
paragraph  57.12(a);  
 
(e) a change in technology related to the production of go ods referred to in 
subparagraph  (a)(i) or (ii); and  
 
(f) any other relevant factor.  
 
57.17 For the purpose of subsection 72(3) of the Act, a complai nt in respect of the al leged 
circumvention of an order of the Governor in Council or an order or finding of the Tribunal shall 
contain the following information:  
 
(a) an indication of that order or that order or finding;  
 
(b) an explanation of the allegations, including a description of the goods whose 
importation is alleged to circumvent that order or that order or finding;  
 
(c) the name and civic address and, if different, postal address of the complainant, along 
with an ind ication of whether the complainant is an importer, exporter or producer of 
goods that are subject to that order or that order or finding or like goods in relation to 
those subject goods;  
 
(d) the name and civic address and, if different, postal address of each domestic producer 
of like goods referred to in paragraph (c) and of each association of such producers, if 
known;  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 33 - 
 
  (e) the name and civic address and, if different, postal address of each producer, exporter 
and importer of goods referred to in paragra ph (b), if known; and  
 
(f) any other relevant information.  
 
57.18 For the purposes of paragraphs 73(1)(b), 75(3)(c), 75.1(1)(b) and 75.4(7)(c) of the Act, 
the reasons are to be published on the website of the Canada Border Services Agency.  
 
57.19 (1) For t he purpose of subsection 74(1) of the Act, the statement of essential facts is to be 
published on the website of the Canada Border Services Agency.  
 
(2) For the purpose of subsection 74(2) of the Act, seven days after the day on which that 
statement is pub lished constitutes sufficient time.  
 
57.2 For the purpose of subsection 75.2(1) of the Act, the period for making a decision may be 
extended to 240 days in any of the following circumstances:  
 
(a) the issues presented by the anti -circumvention investigation are complex or novel;  
 
(b) it is difficult to obtain satisfactory evidence or to assess the accuracy of evidence;  
 
(c) it is unusually difficult to determine whether the investigation ought to be terminated 
under subsection 75(1) of the Act; and 
 
(d) it is difficult to consider the information and evidence in light of the  variety of goods in 
respect of which the investigation was initiated, the number of persons involved in the 
investigation or any unusual  difficulties.  
 
57.21 (1) For the purp ose of subsection 75.6(2) of the Act, a request for an exemptio n from the 
extension of duties made by an exporter to Canada shall contain the following information:  
 
(a) the name and civic address and, if different, postal address of the exporter, along wi th 
a list of associated persons in relation to the exporter;  
 
(b) confirmation, along with evidence in support, that the goods for which the request for 
exemption is made have been sold or consigned to an importer in Canada;  
 
(c) a detailed description of those goods;  
 
(d) if the decision setting out a finding of circumvention in respect of the applicable 
amending order referred to in section 75.3 of the Act is made in respect of a 
prescribed activity referred to in paragraph 57.12(a), the name and civic a ddress and, 
if different, the postal address of each producer of parts or components referred to in 
that paragraph and, if known, the name and civic address and, if different, the postal 
address of each person that uses those parts or components;  
 
(e) if the decision setting out a finding of circumvention in respect of the applicable 
amending order referred to in section 75.3 of the Act is made in respect of a 
prescribed activity referred to in paragraph 57.12(b), the name and civic address and, 
if differen t, the postal address of any exporter or producer of parts or components 
used to assemble or complete those goods;  
 
(f) if the decision setting out a finding of circumvention in respect of the applicable 
amending order referred to in section 75.3 of the Ac t is made in respect of a 
prescribed activity referred to in paragraph 57.12(c), the name and civic address and, 
if different, the postal address of any exporter or producer of like goods that were 
slightly modified such that they became goods for which th e request for exemption is 
made;  
 
(g) an indication of the applicable amending order referred to in section 75.3 of the Act; 
and 
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 34 - 
 
  (h) arguments in support of the request, along with supporting evidence.  
 
(2) A request for an exemption shall be delivered to  the Canada Border Services Agency at the 
address specified on its website.  
 
 
Canadian International Trade Tribunal Act  
Canadian International Trade Tribunal Regulations  
 
15  
 
(1) The portion of the definition other interested party before pa ragraph (a) in section 3 of the 
Canadian International Trade Tribunal Regulations is replaced by the following:  
 
other interested party,  for the purposes of subsections 19.02(2), 25(2), 26(2), (3) and (4), 28(1) 
and (3), 29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) and (9), 30.012(7) and (10), 
30.06(3), 30.07(2) and (3), 30.09(2), 30.3(2) and 30.31(4) and paragraph 30.32(a) of the Act, 
means  
 
(2) The definition other interested party in section 3 of the Regulations is amended by adding the  
following a fter paragraph (a):  
 
(a.1) a trade union that represents persons employed in the domestic industry producing like 
goods or directly competitive goods, or an association that includes such trade unions,  
 
(3) Paragraph (d) of the definition other interested  party in section 3 of the Regulations is replaced  
by the following:  
 
(d) an association whose purpose includes to advocate for consumer interests in Canada,  
 
16  
 
(1) Paragraph 3.2(b) of the Regulations is replaced by the following:  
 
(b) hearing, determining, and dealing with any appeal made to the Tribunal pursuant to 
the Customs Act  or the Special Import Measures Act ; 
 
(2) Subsection 3.2 of the Regulations is amended by adding "or" after paragraph (c) and adding  
the following after parag raph (c):  
 
(d) making an order under any of section 75.3 and subsections 75.4(8) and 75.6(7) of the 
Special Import Measures Act . 
 
Coming into Force  
 
17 
 
These Regulations come into force on the day on which section 89 of Budget Implementation Act, 
2017, No. 1 , chapter 20 of the Statutes of Canada, 2017, comes into force, but if they are 
registered  after that day, they come into force on the day on which they are registered.  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 35 - 
 
  RULES AMENDING THE C ANADIAN INTERNATIONA L TRADE TRIBUNAL RUL ES 
 
1 
 
(1) The defin itions Agency, Commissioner and Secretary in rule 2 of the Canadian International 
Trade Tribunal Rules are repealed.  
 
(2) The definitions document, electronic transmission and intervener in r ule 2 of the Rules are 
replaced by the following:  
 
document  mean s a submission, affidavit or any other documentary material, regardless of physical 
form or medium, including any correspondence, memorandum, book, plan, map, drawing, 
diagram, pictorial or graphic work, photograph, film, microform, sound recording, videot ape and 
machine readable record, and any copy, in whole or in part, of that material; (document)  
 
electronic transmission  includes communication by fax, by email or by means of the Tribunal 
website (e -filing); (transmission électronique)  
 
intervener  means a person who  
 
(a) has filed a request to intervene and has been added as an intervener under rule 41, or  
 
(b) is an interested party that has been granted leave of the Tribunal to intervene in any 
proceedings in relation to a complaint under section  30.17 of the Act; (intervenant)  
 
(3) The definition interested party in rule 2 of the Rules is amended by striking out "and" at the 
end of paragraph (d) and by adding the following after that paragraph:  
 
(d.1) a trade union that represents persons employed in the domestic industry producing like 
goods or directly competitive goods or an association that includes such trade unions; and  
 
(4) Rule 2 of the Rules is amended by adding the following in alphabetical order:  
 
request to intervene  includes an  appearance referred to in subsection 67(2) of the Customs Act  or 
subsection 61(2) of the Special Import Measures Act ; (demande d'intervention)  
 
2  
 
Rule 5 of the Rules is replaced by the following:  
 
5 If a question of procedure arises that is not covered  or not fully covered in these Rules, the 
question must be disposed of in a manner that the Tribunal directs and that is consistent with any 
of these Rules that are applicable and that considerations of procedural fairness permit.  
 
3  
 
(1) Subrule 12(1) of  the Rules is replaced by the following:  
 
12 (1) The parties must file their documents by electronic transmission.  
 
(1.1) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing.  
 
(1.2) Documents filed by electronic transmission shall constitute the original.  
 
(2) Subrules 12(3) and (4) of the Rules are replaced by the following:  
 
(3) A document that is filed by fax must be accompanied by a cover page setting out  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 36 - 
 
  (a) the sender 's name, postal and email addresses, and telephone and fax numbers of the 
sender;  
 
(b) the total number of pages transmitted, including the cover page;  
 
(c) the title or description of the document transmitted; and  
 
(d) the name, telephone number and email add ress of a person to contact if transmission 
problems occur.  
 
(4) A document that is filed by email must be accompanied by an electronic message setting out  
 
(a) the sender 's name, telephone number, postal and email addresses;  
 
(b) the title or description  of the document transmitted; and  
 
(c) the name, telephone number and email address of a person to contact if transmission 
problems occur.  
 
3) Paragraph 12(5)(a) of the English version of the Rules is replaced by the following:  
 
(a) if the document is filed by electronic transmission, the date of transmission; and  
 
(4) Paragraph 12(5)(b) of the Rules is replaced by the following:  
 
(b) in any other case, the date on which the document is received by the Tribunal, as 
evidenced by the date stamped on it.  
 
4  
 
The Rules are amended by adding the following after rule 12:  
 
Statement Under Oath  
 
12.01 (1) If a statement made under oath or affirmation is filed by electronic transmission, it must 
include a handwritten signature and the following statement: "The document that is being 
submitted by electronic transmission to the Tribunal is an electronic version of a paper document 
that has been signed by the affiant. The signed document in paper copy is available and will be 
produced if requested by the Tribunal ." 
 
(2) The party filing the statement must keep the signed document in paper copy until one year 
after all time limits for appeals expire.  
 
(3) On the Tribunal 's request, the party filing the statement must provide the signed document in 
paper copy for revi ew. 
 
5  
 
(1) Paragraph 13(1)(a) of the Rules is amended by adding the following after subparagraph (i):  
 
(i.1) on a general partnership, by leaving a copy of it with one of the partners,  
 
(2) Subrule 13(4) of the Rules is replaced by the following:  
 
(4) The service of a document at an address for service must be made by sending it to the address 
for service by hand, mail, registered mail, courier or electronic transmission.  
 
(3) The portion of subrule 13(5) of the Rules before paragraph (b) is replac ed by the following:  
 
(5) A document that is se rved by fax must be accompanied by a cover page setting out  
 
(a) the sender 's name, telephone, postal and email addresses and fax numbers;  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 37 - 
 
  (4) Paragraphs 13(5)(c) to (e) of the Rules are replaced by the following:  
 
(c) the total number of pages transmitted, including the cover page;  
 
(d) the title or description of the document transmitted; and  
 
(e) the name, telephone number and email address of a person to contact if transmission 
problems occur.  
 
(5) Ru le 13 of the Rules is amended by adding the following after subrule (5):  
 
(5.1) A document that is served by email must be accompanied by an electronic message setting 
out 
 
(a) the sender 's name, telephone, postal and email addresses;  
 
(b) the name of the person to be served;  
 
(c) the title or description of the document transmitted; and  
 
(d) the name, telephone number and email address of a person to contact if transmission 
problems occur.  
 
(6) Paragraph 13(6)(a) of the Rules is replaced by the following:  
 
(a) if the document is served personally, the date of delivery;  
 
(7) Subrule 13(6) of the Rules is amended by striking out "and" at the end of paragraph (b), by 
adding "and" at the end of paragraph (c) and by adding the following after paragraph (c):  
 
(d) if the document is served by courier, the date of receipt indicated on the courier 
receipt.  
 
6  
 
Rule 13.1 of the Rules is replaced by the following:  
 
13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, 
notifying, se rvicing or filing may be done by hand, mail, registered mail, courier or electronic 
transmission.  
 
Certified Copy  
 
13.2 If a document is filed by electronic transmission and a certified copy of the document is 
requested from the Tribunal, the Tribunal may  provide an electronic copy, stamped "certified ", of 
the document.  
 
7  
 
The heading before rule 14 of the Rules is replaced by the following:  
 
Treatment of Certain Confidential Information  
 
8  
 
Rule 15 of the Rules is replaced by the following:  
 
15 (1) A document that contains information designated as confidential under section 46 of the Act 
must be marked "CONFIDENTIAL " in capital letters on each page and the confidential information 
must be placed between square brackets and highlighted.  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 38 - 
 
  (2) C onfidential information must be redacted in the non -confidential edited version of the 
document marked "CONFIDENTIAL " in capital letters. The version that contains the confidential 
information and the non -confidential edited version must be in the same for mat, including page 
and paragraph numbering and lines per page.  
 
(3) Except for the purpose of Parts II and X, the filing of the documen ts referred to in this rule 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.  
 
9  
 
(1) Subrules 16(1) and (2) of the Rules are replaced by the following:  
 
16 (1) A counsel for a party who wishes to have access to confidential information under 
subsection 45(3) o f the Act must 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 
information in the record of a proceeding, as well as in respect of that cou nsel's disposal of the 
information at the close of the proceeding or in the event of a change of counsel.  
 
(2) Subrules 16(3) to (5) of the Rules is replaced by the following:  
 
(3) An expert who wishes to have access to confidential information under subse ction 45(3) or 
(3.1) of the Act must 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 in respect of that expert 's 
disposal of the confidential information at the close of the proceeding or in the event of a change 
of expert.  
 
(4) Any party or interested person may request, by way 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 must notify the counsel or the expert, as the case may be, of its decision as to 
whether to disclose the confidential information and on what terms a nd conditions that disclosure 
would be made.  
 
10  
 
Rule 17 of the Rules is renumbered as subrule 17(1) and is amended by adding the following:  
 
(2) Despite subrule  (1), a counsel for a party to a proceeding who has filed confidential 
information with the Tribunal may, in accordance with written directions issued by the Tribunal, 
serve that information on  
 
(a) a counsel who is acting on behalf of another party in the  same proceeding, who has 
filed a declaration and undertaking under rule 16 and who has been granted access to 
that information; or  
 
(b) an expert who is acting under the control or direction of a counsel acting on behalf of 
another party in the same proce eding, who has filed a declaration and undertaking 
under rule 16 and who has been granted access to that information.  
 
11  
 
(1) The portion of subrule 18(1) of the Rules before paragraph (a) is replaced by the following:  
 
18 (1) At the time of giving notice of a hearing to be held in any proceeding or at any time after 
the giving of  that notice, the Tribunal may direct that all parties to the proceeding or their counsel 
appear before the Tribunal or before a member, at a day, time and place fixed by t he Tribunal, for 
a pre -hearing conference for the purpose of making representations, settling questions of 
procedure or merit before the hearing or receiving guidance from the Tribunal with respect to any 
of the following matters:  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 39 - 
 
  (2) Subrule 18(1) of the  Rules is amended by adding the following after paragraph (d):  
 
(d.1) the question of whether a person who is to appear on behalf of a party is acknowledged by 
the parties to be an expert;  
 
(3) Paragraph 18(1)(f) of the Rules is replaced by the following:  
 
(f) any other matter that is relevant to the proceeding.  
 
(4) Subrule 18(3) of the Regulations is 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 deter mines that a pre -hearing conference would assist in the orderly 
conduct of the hearing or in settling questions of merit.  
 
12 
 
Subrule 19(2) of the Rules is replaced by the following:  
 
(2) The Tribunal must, prior to or at the commencement of a hea ring in a proceeding, make all 
confidential information that has been provided to the Tribunal or issued by it for the purposes of 
the proceeding available to each counsel and each expert who  
 
(a) has filed a declaration and undertaking under rule 16; and  
 
(b) has been granted access to the information.  
 
(3) The Tribunal may make the information referred to in subrule (1) or (2) available to a party or 
the party 's counsel by transmitting the documents by hand, mail, courier or electronic 
transmission.  
 
13  
 
(1) Subrules 20(2) and (3) of the Rules are replaced by the following:  
 
(2) The request must set out the name, postal address and telephone number and, if applicable 
email address of the party making the request and of the person to be subpoenaed.  
 
(3) A subpoena must be served personally. At the time of service, an amount that is not less than 
the amount to which the person would have been entitled as fees and allowances, if summoned to 
attend before the Federal Court, must be paid or tendered to them.  
 
(2) Subrule 20(4) of the English version of the Rules is replaced by the following:  
 
(4) If a subpoena is served on a person, the original copy of the subpoena must be filed with the 
Tribunal without delay, together with proof of service on the person.  
 
14  
 
The Rules are amended by adding the following after rule 20:  
 
Questionnaires and Requests for Information  
 
20.1 (1) At any time in a proceeding, in order to obtain information, the Tribunal may order that a 
party or a non -party fill out a questionnaire or respond to a request for information.  
 
(2) The party or the non -party may file with the Tribunal, within th ree working days after the 
issuance of the order, a letter explaining why an order should not have been issued or why the 
requested information cannot reasonably be provided.  
 
(3) If a letter is filed under subrule (2), the matter must be disp osed of in ac cordance with any 
instructions that the Tribunal may give.  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 40 - 
 
  15  
 
The Rules are amended by adding the following after rule 21:  
 
15 Les mêmes règles sont modifiées par adjonction,  
 
Affidavits  
 
21.1 (1) The Tribunal may, on its own initiative or on the request of a party, direct that a person 
file an affidavit in support of any statement made in a proceeding before the Tribunal.  
 
(2) Subject to subrule (3), an affidavit must be confined to a stat ement of facts within the 
personal knowledge of the person filing it.  
 
(3) The Tribunal may allow the person to file an affidavit containing a statement of what the 
person believes to be the facts accompanied by a statement of the grounds by which they are  
supported.  
 
16  
 
Rule 22 of the Rules is replaced by the following:  
 
22 (1) A party who intends to call an expert as a witness at a hearing must, not less than 30 days 
before the hearing, file with the Tribunal and serve on the other parties a report, sig ned by the 
proposed expert, setting out the proposed expert 's name, postal and email addresses, telephone 
number, qualifications, area of expertise and a summary of their testimony  in sufficient detail to 
convey a reasonable understanding of it.  
 
(2) A party on whom a report has been served and who wishes to rebut with expert evidence any 
matter set out in the report must, not less than 20 days before the hearing, file with the Tribunal 
and serve on the other parties a rebuttal expert report setting out a summary of the rebuttal 
evidence to be introduced in sufficient detail to convey a reasonable understanding of it.  
 
(3) The rebuttal expert report must be signed by the author of the report and set out their name, 
postal and email addresses, telephone nu mber, qualifications, area of expertise and a summary of 
their testimony in sufficient detail to convey a reasonable understanding of it.  
 
(4) The Tribunal may, prior to the commencement of a hearing, direct  that parties seek to reach 
an agreement  
 
(a) on whether a person has the requisite credentials or qualifications to be considered as 
an expert; and  
 
(b) on the proposed area of expertise of that person.  
 
17  
 
(1) Paragraphs 23(3)(b) and (c) of the Rules are replaced by the following:  
 
(b) counsel for a  party or an expert who has been granted access to confidential 
information under rule 16;  
 
(c) employees of the Administrative Tribunals Support Service of Canada  who have been 
directed, at the request of the Tribunal, to attend; and   
 
(2) Subrules  23(4) and (5) of the Rules are replaced by the following:  
 
(4) A party who requires oral translation in any given language in order to participate in or have a 
witness testify at a hearing, other than at a hearing by way of written submissions, must notif y the 
Tribunal in writing of the requirement and of the language of translation, at least 20 days before 
the hearing.  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 41 - 
 
  (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 hearin g, other than a hearing by way of written submissions, if the 
party makes a request in writing at least 20 days before the hearing and the Tribunal determines 
that the use of translation is fair and equitable in the circumstances.  
 
18  
 
(1) Subrule  23.1(1) of the Rules is replaced by the following:  
 
23.1 (1) A party may make a request to the Tribunal for a decision on any matter that arises in 
the course of a proceeding.  
 
(2) Rule 23.1 of the Rules is amended by adding the following after subrule (2 ): 
 
(3) Before making a determination on the request, the Tribunal must provide an opportunity for 
the other parties to make representations.  
 
19  
 
The heading before rule 24 of the Rules is replaced by the following:  
 
Motions  
 
20  
 
(1) The portion of sub ule 24(1) of the Rules before paragraph (a) is replaced by the following:  
 
24 (1) The Tribunal must proceed by way of motion if  
 
(2) The portion of subrule 24(2) of the Rules before paragraph (a) is replaced by the following:  
 
(2) A motion must be in writ ing and set out (2) La requête, qui est établie par écrit :  
 
(3) Subrules 24(3) to (7) of the Rules are replaced by the following:  
 
(3) A motion given by a party must be filed with the Tribunal and served on the other parties not 
less than five days before  the day fixed for the commencement of the hearing.  
 
(4) Any party who wishes to answer a motion must file a written answer with the Tribunal and 
serve a copy of it on the other parties.  
 
(5) If a party wishes to submit a document in support of a motion or answer, the document must  
accompany the motion or answer in question and the party must file it with the Tribunal and serve 
a copy of it on the other parties.  
 
(6) Unless the Tribunal d irects otherwise, a decision or order on a motion must be made in writing.  
 
(7) Despite subrules (2) to (5), a motion in connection with a matter that has not come to the 
attention of a party prior to the commencement of a hearing may be made orally at th e hearing 
and must be disposed of in accordance with any procedure that the Tribunal may direct.  
 
21  
 
Rule 24.1 of the Rules is replaced by the following:  
 
24.1 (1) A party may file a motion seeking permission for the late filing of a document or physical  
exhibit.  
 
(2) The motion is to set out  
 
(a) the reasons why the document or the physical exhibit was not filed within the 
applicable time limit;  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 42 - 
 
  (b) the relevance of the document or physical exhibit to the proceeding; and  
 
(c) the reasons why the late fil ing should be permitted.  
 
(3) The Tribunal may in exceptional circumstances and if it determines that it is fair and equitable 
in the circumstances, permit the document or the physical exhibit to be filed, in whole or in part 
during a period that the Tribu nal fixes.  
 
(4) The Tribunal must notify the parties of its decision under subrule (3) and the reasons for it.  
 
22  
 
Paragraph 25(a) of the Rules is replaced by the following:  
 
(a) way of a hearing at which the parties or their counsel appear in person before the Tribunal;  
 
23  
 
Rule 25.2 of the Rules and the heading before it are repealed.  
 
24  
 
Subrule 26(2) of the Rules is replaced by the following:  
 
(2) A request for a postponement must be made at least 15 days before the hearing and must set 
out the  reasons for the postponement.  
 
25  
 
Rules 27 of the Rules is replaced by the f ollowing:  
 
27 Any person who wishes to obtain information in respect of the procedure followed by the 
Tribunal, or to inspect documents, exhibits or other material provided to i t, must make a request 
to the Tribunal.  
 
26  
 
Rule 28 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 Tribunal must, withou t delay after it is made, forward, 
subject to paragraph 43(2)(a), subparagraphs 76.01(6)(a)(i) and  76.02(5)(a)(i) and 
subsections  76.03(5) and (6) of the Special Import Measures Act , a copy of it to each party and to 
each person who was provided with a not ice of commencement of the proceeding.  
 
(2) The Tribunal must, without delay after the making of a decision, declaration, order, finding or 
other final ruling in a proceeding, cause a notice to that effect to be published in the Canada 
Gazette.  
 
(3) If the  Tribunal is required by subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or 
subsection 76.03(5) of the Special Import Measures Act  to send a copy of the order or finding in a 
proceeding as well as the reasons for making the order or finding to the p ersons specified in 
subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of t hat Act, as the 
case may be, it must also send a copy to every other person who was provided with a notice of 
commencement of the proceeding.  
 
27  
 
Paragraph 30(a) of the Rules is amended by adding "and" at the end of subparagraph (iii) and by 
repealing subparagraph (iv).  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 43 - 
 
  28  
 
(1) Paragraphs 31(1)(a) and (b) of the Rules are replaced by the following:  
 
(a) with the President and the Tribunal, in the case of an appeal under the Customs Act  or 
the Special Import Measures Act ; or 
 
(b) with the Tribunal, in the case of an appeal under the Excise Tax Act  or the Energy 
Administration Act .  
 
(2) Subrule 31(3) of th e Rules is replaced by the following:  
 
(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 date of filing 
is the date  on which the document is received by the Tribunal, as evidenced by the date stamped 
on it. 
 
29  
 
The heading before rule 32 and rules 32 and 33 of the Rules are replaced by the following:  
 
Sending of Acknowledgement of Receipt and Notice of Appeal  
 
32 Exc ept in the case referred to in section 81.25 of the Excise Tax Act , the Tribunal must, without 
delay after the filing of a notice of appeal, send an acknowledgement of receipt of the notice to the 
appellant and a copy of the notice to the respondent.  
 
30  
 
(1) Subrule 34(1) of the Rules is replaced by the following:  
 
34 (1) The appellant must, within 60 days after receipt of an acknowledgement referred to in 
section 32,  
 
(a) file with the Tribunal a brief prepared in accordance with subrules (2) and (3); an d 
 
(b) subject to rule 17, serve a copy of the brief without delay on the other parties, and 
send to the Tribunal a confirmation that the service has been effected.  
 
(2) Paragraphs 34(2)(b) to (e) of the Rules are replaced by the following:  
 
(b) be numbere d on each page;  
 
(c) be divided into paragraphs that are numbered consecutively and that set out  
 
(i) a statement of the grounds for appeal and of the material facts relevant to each 
ground,  
 
(ii) a description of the goods in issue,  
 
(iii) a statement of points in issue between the parties,  
 
(iv) the statutory provisions relied on,  
 
(v) the history of the proceeding before the filing of the notice of appeal,  
 
(vi) the Tribunal 's jurisdiction to hear the appeal,  
 
(vii) a brief statement of argument to be made at the hearing, and  
 
(viii) the nature of the decision, order, finding or declaration sought;  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 44 - 
 
  (d) include a table of authorities on which the appellant intends to rely and a copy of 
those authorities that are reasonably necessary in the presentation of the appeal or as 
otherwise directed by the Tribunal;  
 
(e) 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 
 
(f) contain the name, ad dress for service, telephone number and email address of the 
appellant and of the appellant 's counsel, if any.  
 
(3) Paragraphs 34(3)(a) and (b) of the Rules are replaced by the following:  
 
(a) on any documents or authorities that were not available or that  could n ot be included 
in a brief filed with the Tribunal must, not less than 20 days before the hearing, file 
them with the Tribunal and, subject to rule 17, serve a copy of them on the other 
parties;  
 
(b) on any physical exhibit must, not less than 20 da ys before the hearing, file it with the 
Tribunal and notify the other parties of the filing; and  
 
(c) on any witness testimony must, not less than 20 days before the hearing , file with the 
Tribunal a list providing the name and occupation of any proposed w itness as well as 
the language to be used at the hearing.  
 
31  
 
(1) Subrule 35(1) of the Rules is replaced by the following:  
 
35 (1) The respondent must, within 60 days after the service of the appellant 's brief under rule 34, 
file a response with the Tribunal and, subject to rule 17, serve a copy of it on the other parties.  
 
(2) Paragraphs 35(2)(b) to (e) of the Rules are replaced by the following:  
 
(b) be numbered on each page;  
 
(c) be divided into paragraphs that are numbered consecutively and that s et out  
 
(i) a statement of the grounds of opposition to the appeal and of the material facts 
relevant to each ground,   
 
(ii) an admission or denial of each ground and of each of the materia l facts relevant 
to each ground set out in the appellant's brief,   
 
(iii) the issues to be decided,  
 
(iv) the statutory provisions relied on,  
 
(v) the history of the proceeding before the filing of the notice of appeal,  
 
(vi) the Tribunal 's jurisdiction to hear the appeal,  
 
(vii) a brief statement of argument to be made at the hearing, and  
 
(viii) the relief sought;  
 
(d) include a table of authorities on which the respondent intends to rely and a copy of  
those authorities that are reasonably necessary in the presentation of the appeal;  
 
(e) 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 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 45 - 
 
  (f) contain the name, address for service, telephone number and email a ddress of the 
respondent and of the respondent 's counsel, if any.   
 
(3) Paragraphs 35(3)(a) and (b) of the Rules are replaced by the following:  
 
(a) on any documents or authorities that were not available or that coul d not be included 
in a response filed with the Tribunal must, not less than 20 days b efore the hearing, 
file them with the Tribunal and, subject to rule 17, serve a copy of them on the other 
parties;  
 
(b) on any physical exhibit must, not less than 20 days before the hearing, file it with the 
Tribunal and notify the other parties of the fi ling; and  
 
(c) on any witness testimony must, not less than 20 days before the hearing , file with the 
Tribunal a list providing the name and occupation of any proposed witness as well as 
the language to be used at the hearing.  
 
32  
 
The heading before rule  36 of the English version of the Rules is replaced by the following:  
 
Written Submissions and Documentary Evidence  
 
33  
 
Rule 36.1 of the Rules and the heading before it are repealed.  
 
34  
 
Rules 38 and 39 of the Rules are replaced by the following:  
 
38 When the Tribunal has fixed the date for a hearing, it must notify all parties to the appeal and 
their counsel.  
 
35  
 
Rule 40 of the Rules is replaced by the following:  
 
40 An intervention referred to in subsection 81.33(9) of the Excise Tax Act  may be mad e by filing 
with the Tribunal a request to intervene.  
 
36  
 
The heading before Rule 40.1 of the Rules is replaced by the following:  
 
Contents of a Request To Intervene  
 
37  
 
(1) Rule 40.1 of the Rules before paragraph (d) are replaced by the following:  
 
40.1 A request to intervene must  
 
(a) include the nature of the interest of the person who wishes to be added as an 
intervener and the manner in which it may be affected;  
 
(b) set out a summary of the representations that would be made by the person and why 
their interest would not otherwise be adequately represented;  
 
(c) include the manner in which the person may assist the Tribunal in the resolution of 
the appeal; and  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  (2) Pa ragraph 40.1(d) of the English version of the Rules is replaced by the following:  
 
(d) include any other relevant matters.  
 
38  
 
The heading before rule 41 and rules 41 to 43 of the Rules are replaced by the following:  
 
Intervener Added  
 
41 (1) If a perso n files a request to intervene  
 
(a) the Tribunal must serve a copy of the request to intervene on every person who is a 
party to the appeal when the notice is filed; and  
 
(b) the parties to the appeal may make representations in respect of the notice.  
 
(2) The Tribunal must determine whether to add the person as an intervener on the basis of the 
information provided by that person under rule 40.1 or any other consideration that the Tribunal 
considers relevant.  
 
(3) If the Tribunal determines that the perso n is to be added as an intervener, the Tribunal must 
so notify the other parties to the appeal.  
 
(4) An intervener is entitled to receive from the Tribunal copies of all of the documents, other than 
documents which contain confidential information, that were filed by each party to the appeal prior 
to their being added as an intervener and, subject to rule 16, the counsel or expert for the 
intervener is entitled to have access to documents which contain confidential information.  
 
(5) Subject to rule 17, each party to the appeal must serve on the intervener copies of all of the 
documents served by that p arty on the other parties to the appeal on or after the day they are 
added as an intervener.  
 
(6) The Tribunal may limit an intervener 's submission to any matter that may assist the Tribunal in 
the resolution of the appeal.  
 
39  
 
Rule 44 and 45 of the Rules are replaced by the following:  
 
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 a notice with the Tribunal and by serving 
without delay a copy of it on the other parties to the appeal.  
 
40  
 
Rule 47 of the Rules and the heading before it are repealed.  
 
41  
 
Rule 50 of the Rules is replaced by the following:  
 
50 If a reference is made by a person other than the President, the Tr ibunal must without delay 
give to the President written notice of the reference.  
 
42  
 
Paragraphs 51(a) and (b) of the English version of the Rules are replaced by the following:  
 
(a) any written complaint made to the President under subsection 31(1)  of the Special 
Import Measures Act in relation to that matter;  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  (b) all information and material relating to that matter that was in the possession of the 
President when the President made the decision or reached the conclusion as a result 
of which the qu estion was referred to the Tribunal; and  
 
43  
 
Subrules 52(2) and (3) of the Rules are replaced by the following:  
 
(2) When the Tribunal has rendered its advice, it must without delay send a copy of the advice to 
the President and to every person and gover nment named in the list referred to in 
paragraph  51(c).  
 
(3) If the Tribunal terminates proceedings under paragraph 35.1(1)(c) of the Special Import 
Measures Act, the Tribunal must without delay give notice of the termination to the President and 
to every person and government named in the list referred to in paragraph 51(c) and in respect of 
which a notice is not required to be given under paragraph 35.1(2)(a) of that Act.  
 
44  
 
Rule 52.1 of the Rules is replaced by the following:  
 
52.1 This Part applies t o a preliminary injury inquiry conducted b y the Tribunal under 
subsection  34(2) of the Special Import Measures Act  as a consequence of the receipt of a notice of 
an initiation of an investigation of dumping or subsidizing in respect of goods.  
 
45  
 
(1) The  portion of rule 52.2 of the Rules before paragraph (a) is replaced by the following:  
 
52.2 If a notice of initiation of an investigation of dumping or subsidizing is filed with the Tribunal, 
it must without delay cause to be published in the Canada Gazett e a notice of commencement of a 
preliminary inquiry that sets out the following information:  
 
(2) Paragraph 52.2(i) of the Rules is replaced by the following:  
 
(i) any other information that the Tribunal considers relevant to the inquiry.  
 
46  
 
(1) The portion of rule 52.4 of the Rules before paragraph (a) is replaced by the following:  
 
52.4 If the President causes an investigation to be initiated respecting the dumping or subsidizing 
of goods under section 31 of the Special Import Measures Act , the Pres ident must file with the 
Tribunal, in addition to the notice required to be given under paragraph 34(1)(a) of that Act,  
 
(2) Paragraphs 52.4(a) to (c) of the English version of the rules are amended by replacing, with  
any necessary modifications, "Commisio ner" with "President ". 
 
47  
 
Rule 52.5 of the Rules is replaced by the following:  
 
52.5 If the Tribunal causes a preliminary inquiry to be terminated under paragraph 35.1(1)(b) of 
the Special Import Measures Act , it must give notice of the termination to t he President and to 
every person and government referred to in rule 52.3 and in respect of which a notice is not 
required to be given under paragraph 35.1(2)(a) of that Act.  
 
48  
 
Rule 53 of the Rules is replaced by the following:  
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- 48 - 
 
  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 
of a notice of a preliminary determination of dumping or subsidizing in respect of  goods.  
 
49  
 
(1) The portion of rule 54 of the Rules before paragraph (a) is replaced by the following:  
 
54 If a notice of a preliminary determination of dumping or subsidizing is filed with the Tribunal 
under the Special Import Measures Act , the Tribunal must without delay cause to be published in 
the Canada Gazette a notice of commencement of inquiry that sets out the following information:  
 
(2) Paragraph 54(b) of the Rules is replaced by the following:  
 
(b) the subject -matter of the inquir y; 
 
(3) Paragraph 54(k) of the Rules is replaced by the following:  
 
(k) any other information that the Tribunal considers relevant to the inquiry.  
 
50  
 
The portion of rule 56 of the Rules before paragraph (a) is replaced by the following:  
 
56 If the President makes a preliminary determination of dumping or subsidizing with respect to 
goods under section 38 of the Special Import Measures Act , the President must cause to be filed 
with the Tribunal, in addition to the written notice referred to  in paragraph 38(3)(b) of that Act, 
the following materials:  
 
51  
 
(1) The portion of rule 57 of the Rules before paragraph (a) is replaced by the following:  
 
57 If the President makes a final determination of dumping or subsidizing with respect to goods 
under section 41 of the Special Import Measures Act,  the President must cause to be filed with the 
Tribunal, in addition to the written notice referred to in subsection 41(3) of that Act, the following 
materials:  
 
(2) Paragraph 57(c) of the Rules is amended  by adding the following:  
 
(c) a document that contains information with respect to  
 
(i) domestic producers, importers into Canada and exporters to Can ada of such 
goods who are known to the President, and   
 
(ii) the volume of the goods imported into Canada  and the proport ion of those 
goods found by the President to be dumped or subsidized;  
 
(c.1) documents setting out the margin of dumping in relation to the goods that are 
imported into Canada from each country subject to an inquiry, which margin of dumping  is 
the weighted average of the margins of dumping determined in accordance with section 30.2 
of the Special Import Measures Act  expressed as a percentage of the export price of the 
good;  
 
(c.2) documents setting out the amount of subsidy in relation to th e goods that are imported 
into Canada from each country subject to an inquiry, expressed as a percentage of the 
export price of the goods; and  
 
52  
 
The portion of rule 59 of the Rules before paragraph (a) is replaced by the following:  
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  59 In an inquiry, the Tribunal must, after the expiry of the day on or before which interested 
parties are required to file a notice of participation, make available, on any conditions that are 
established by the Tribunal under subsection 45(3) of the Act,  
 
53  
 
Paragraph 6 1.1(8)(b) of the Rules is replaced by the following:  
 
(b) file with the Tribunal copies of the responses and information in the number that it 
indicates are necessary for it and the interested parties.  
 
54  
 
Rule 62 of the Rules and the heading before it a re replaced by the following:  
 
Information To Be Filed by Tribunal – Advice Under Section 46 of Special Import Measures Act  
 
62 If the Tribunal advises the President under section 46 of the Special Import Measures Act , it 
must cause to be filed with the President, in addition to the written notice referred to in that 
section, a copy of the information relied on in giving its advice.  
 
55  
 
(1) Paragraph 68.1(1)(b) of the Rules is replaced by the following:  
 
(b) the subject -matter of the inquiry, together w ith any other relevant details of the 
inquiry;  
 
(2) Paragraph 68.1(1)(i) of the Rules is replaced by the following:  
 
(i) any other information that the Tribunal considers relevant to the inquiry.  
 
56  
 
The Rules are amended by adding the following after se ction 68.4:  
 
 
PART V.2 PARTIE V.2  
Anti-Circumvention Investigations  
 
68.5 If the President makes a finding that there is circumvention under subsection 75.1(1) of the 
Special Import Measures Act , the decision filed with the Tribunal must be accompanied by the 
record of the decision and the statement of essential facts on which the determination was based.  
 
57  
 
The portion of subrule 70(1) of the Rules before paragraph (a) is replaced by the following:  
 
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  must set out the following information:  
 
58  
 
(1) Paragraph 71(1)(b) of the Rules is replaced by the following:  
 
(b) the subj ect-matter of the review, together with any other relevant details of the 
review;  
 
(3) Subrule 71(2) of the Rules is replaced by the following:  
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- 50 - 
 
  (2) The Tribunal must send a copy of a notice of review to each person to whom and government 
to which it 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.  
 
59  
 
Rule 73 of the Rules is replaced by the following:  
 
73 For the purposes of subsections 76.01(6) and 76.02(5) of the Special Import Measures Act , the 
persons to whom and governments to which a copy of the order and reasons for it must be 
forwarded are the persons and governments who received a notice of review.  
 
60  
 
Subrules 73.1(2) and (3) of the Rules are replaced by the following:  
 
(2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal must, 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 sub section 76.03(3) of the Special Import Measures Act , 
advise the interested parties of that decision.  
 
(3) If the Tribunal decides to initiate a review, the information that must be included in a notice of 
the initiation of a review that the Tribunal must cause to be published in the Canada Gazette, in 
accordance with subsection 76.03(6) of the Special Impo rt Measures Act , is the information 
specified in subrule 71(1).  
 
(4) The Tribunal must send a copy of a notice of expiry to each person to whom and government 
to which it 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.  
 
(5) For the purposes of paragraph 76.03(6)(a) of the Special Import Measures Act , the persons to 
whom and government to which a notice of the Tribunal 's decision to initiate an expiry review 
must be se nt are the persons to whom and government to which it 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.  
 
61  
 
Rule 73.2 of the Rules is replaced by the following:  
 
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 in relation 
to the factors prescribed in section 37.2 of the Special Import Measures Regulations and any other 
matter that is relevant to the review.  
 
62  
 
(1) The portion of rule 7 3.3 of the Rules before paragraph (a) is replaced by the following:  
 
73.3 If the President determines that the expiry of the order or finding is likely to result in a 
continuation or resumption of dumping or subsidizing, the President must provide without delay to 
the Tribunal under subsection 76.03(9) of the Special Import Measures Act  the following 
information:  
 
(2) Paragraph 73.3(c) of the English version of the Rules is replaced by the following:  
 
(c) any other information that has been taken into consi deration by the President.  
 
63  
 
Rule 73.4 of the Rules is replaced by the following  
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- 51 - 
 
  73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures 
Act, it must cause a notice of it to be published in the Canada Gazette and send a copy of the 
order and reasons for it to each party as well as to each person who was provided with the notice 
of review.  
 
64  
 
Subrule 73.5(1) of the Rules is replaced by the following:  
 
73.5 (1) If the Minister requests the Tribunal to review an order or a finding under 
subsection  76.1(1) of the Special Import Measures Act , the Tribunal must publish a notice of 
review in the Canada Gazette that sets out the information specified in subrule 71(1).  
 
65  
 
Rule 73.6 of the Rules is replaced by the fol lowing:  
 
73.6 If the Tribunal continues or amends an order or a finding under subsection 76.1(2) of the 
Special Import Measures Act , it must cause a notice of its decision to be published in the Canada 
Gazette and send a copy of the decision and the reason s for it to each party as well as to each 
person who was provided with the notice of review.  
 
66  
 
Subrule 73.7(2) of the Rules is replaced by the following:  
 
(2) Rules 61.1 and 61.2 do not apply to a review under section 76.01, 76.02 or 76.1 of the Speci al 
Import Measures Act. 
 
67  
 
Subparagraph 75(a)(ii) of the English version of the Rules is replaced by the following:  
 
(ii) if the President made the request at the request of a person inter ested in the 
importation of the goods referred to in that subsection, that person interested, and  
 
(ii) if the President made the request at the request of a person inter ested in the 
importation of the goods referred to in that subsection, that person interested, and  
 
68  
 
(1) The portion of subrule  76(1) of the Rules before paragraph (a) is replaced by the following:  
 
76 (1) Immediately after the list referred to in paragraph 75(b) is filed with the Tribunal, the 
Tribunal must cause to be published in the Canada Gazette a notice of request for a rul ing setting 
out the following information:  
 
(2) Paragraph 76(1)(b) of the Rules is replaced by the following:  
 
(b) the matter or thing that is the subject of the request for a ruling;  
 
(3) Paragraph 76(1)(h) of the Rules is replaced by the following:  
 
(h) any other information that the Tribunal considers relevant to the ruling.  
 
69  
 
The portion of rule 77 of the Rules before paragraph (a) is replaced by the following:  
 
77 A request to the Tribunal to reconsider, under paragraph 91(1)(g) of the Special Impo rt 
Measures Act , an order or finding made by it in an inquiry referred to in paragraph 90(c) of that 
Act must be filed with the Tribunal and must set  out the following information:  G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  70  
 
(1) The portion of rule 78 of the Rules before paragraph (a) is replac ed by the following:  
 
78 If the Tribunal decides, on its own initiative or on request, to reconsider an order or finding 
under paragraph 91(1)(g) of the Special Import Measures Act , it must without delay cause to be 
published in the Canada Gazette a notice  of reconsideration setting out the following information:  
 
(2) Paragraph 78(b) of the Rules is replaced by the following:  
 
(b) the matter or thing that is the subject of the reconsideration;  
 
(3) Paragraph 78(h) of the Rules is replaced by the following:  
 
(h) any other information that is relevant to the reconsideration.  
 
71  
 
Rule 79 of the Rules is amended by adding "and" at the end of paragraph (c), by striking out "and" 
at the end of paragraph (d) and by repealing paragraph(e).  
 
72  
 
Rule 82 of the Rules is replaced by the following:  
 
82 This Part applies in respect of a written complaint filed wit h the Tribunal under 
subsection  23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.081), 
(1.09), (1.091), (1.092), (1.093),  (1.094), (1.095), (1.096), (1.097), (1.098) 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.  
 
73  
 
The heading before section 84 of the Rules is replaced by the following:  
 
References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 
19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act  
 
74  
 
Paragraph 84(c) of the Rules is replaced by the following:  
 
(c) pursuant to section 19.01, 19.011, 19.012 19.0121, 19.013, 19.0131, 19.014, 
19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192 or 19.1 of the Act, for 
inquiry into and report to the Governor in Council on any matter in relation to the 
importation of goods that are entitled, under the Customs Tariff, to the United States 
Tariff, the Mexico Tariff, the Mexico -United States Tariff, the Canada -Israel Free Trade 
Agreement Tariff, the Chile Tariff, the Columbia Tariff, the Costa Rica Tariff, the 
Panama Tariff, the Iceland Tariff, the Norway Tariff, the Swit zerland -Liechtenstein 
Tariff, the Peru Tariff, the Jordan Tariff, the Honduras Tariff, the Korea Tariff or the 
Ukraine Tariff; and  
 
75  
 
(1) The portion of rule 85 of the Rules before paragraph (a) is replaced by the following:  
 
85 If under section 18, 19 , 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 
19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act, a matter is referred to 
the Tribunal for inquiry and report, the Tribunal must cause to be published in the Canada G azette 
a notice of inquiry setting out the following information:  
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  (2) Paragraph 85(b) of the Rules is replaced by the following:  
 
(b) the imported goods that are the subject of the inquiry, including their tariff 
classification;  
 
(3) Paragraph 85(h) of t he Rules is replaced by the following:  
 
(h) any other information that is relevant to the inquiry.  
 
76  
 
Rule 86 of the Rules is amended by adding "and" at the end of paragraph (c), by striking out "and" 
at the end of paragraph (d) and by repealing paragra ph (e).  
 
77  
 
Subrule 87(2) of the Rules is replaced by the following:  
 
(2) If, under subrule (1), the Tribunal directs that a hearing be held, it must cause to be published 
in the Canada Gazette a notice setting out that it has so directed.  
 
78  
 
Subrule  90(1) of the Rules is amended by adding "and" at the end of paragraph (a) and by 
repealing paragraph (b).  
 
79  
 
(1) 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 i mplemented 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 Tribunal must, in order for it to receive 
and review writ ten submissions that may be made by interested parties in relation to the future 
status of the measure, cause to be published in the Canada Gazette, not later than 10 months 
before the measure is scheduled to expire, a notice of expiry that sets out the fo llowing 
information:  
 
(2) Paragraph 91(e) of the Rules is replaced by the following:  
 
(e) any other information that is relevant to the measure.  
 
80  
 
(1) The portion of rule 92.1 of the Rules before paragraph (a) is replaced by the following:  
 
92.1 If the  Tribunal is required to conduct a mid -term review under section 19.02 of the Act, it 
must cause to be published in the Canada Gazette, not later than five months before the review, a 
notice of review that sets out the following information:  
 
(2) Paragraph  92.1(f) of the Rules is replaced by the following:  
 
(f) any other information that the Tribunal considers relevant to the review.  
 
81  
 
Rule 92.2 of the Rules is replaced by the following:  
 
92.2 The Tribunal must send a copy of the notice of mid -term review referred to in rule 92.1 to 
other interested parties.  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
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  82  
 
The heading "interpretation " before rule 93 and rule 93 of the Rules are replaced by the following:  
 
Definition  
 
93 In this Part  working day means a day that is not a Saturday or a holiday.  
 
83  
 
Rule 94 of the Rules is replaced by the following:  
 
94 This Part applies in respect of inquiries into complaints filed with the Tribunal by potential 
suppliers under subsection 30.11(1) of  the Act.  
 
84  
 
Subrule 96(2) of the Rules is replaced by the following:  
 
(2) For the purpose of subrule (1), the day of receipt is the day stamped on the complaint or on 
the document containing the information that corrects the deficiencies.  
 
85  
 
The heading before rule 97 and rules 97 to 105 of the Rules are replaced by the following:  
 
Sending of Complaint  
 
100 If the Tribunal decides to conduct an inquiry under subsection 30.13(1) of the Act, it must, 
without delay send a copy of the complaint to the government institution.  
 
Notice of Decision Not To Inquire  
 
101 If the Tribunal decides not to conduct an i nquiry for reasons other than those set out in 
subsection 30.13(5) of the Act, it must without delay notify, in writing, the complainant, the 
relevant government institution and any other party that the Tribunal considers to be an interested 
party.  
 
Exchan ge of Information  
 
102 If a designated contract that is the subject of a complaint has been awarded, the following 
rules apply:  
 
(a) the government institution must, without delay upon being notified of the complaint, 
file with the Tribunal in writing  
 
(i) the name and postal and email addresses of the contractor to w hom the 
designated contract was awarded, and   
 
(ii) if known by the government institution, the name of a representative of the 
contractor; and  
 
(b) the Tribunal must, without delay after rece ipt of the information, send the contractor a 
copy of all the information provided to the Tribunal as part of the complaint that has 
not been designated as confidential under section 46 of the Act.  
 
Government Institution Report  
 
103 (1) Subject to subrul e 107(5), the government institution must, not later than 25 days after 
the first working day following the receipt of a copy of the complaint referred to in rule 100, file 
with the Tribunal a report containing a copy of  
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- 55 - 
 
  (a) the solicitation, including the specifications or portions of it that are relevant to the 
complaint;  
 
(b) all other documents that are relevant to the complaint;  
 
(c) a statement that sets out all findings, actions and recommendations of the 
government institution and that responds f ully to all allegations that are contained in 
the complaint; and  
 
(d) any additional evidence or information that may be necessary to resolve the 
complaint.  
 
Comments on Government Institution Report  
 
104 Subject to subrule 107(5), the complainant must, wi thin seven days after receipt of a copy of 
the report referred to in subrule 103(1), file with the Tribunal any comments on the report or 
make a written request to have the case decided on the basis of the existing record.  
 
Extension of Time Limits  
 
104.1  (1) A party to a complaint may make a written request to the Tribunal for an extension of a 
time limit set out in this Part. The party must set out in the request the reasons for the extension 
and notify all other parties of the request.  
 
(2) The Tribunal  must determine, in writing, whether the circumstances of the complaint warrant 
granting the extension and, if appropriate, must fix a new time limit.  
 
(3) If the Tribunal, on its own initiative, considers that the circumstances of a complaint warrant 
the extension of a time limit set out in this Part, the Tribunal must fix a new limit in writing.  
 
Hearing of Complaints  
 
105 (1) The Tribunal may, in respect of the merits of a complaint or any matter that is relevant to 
the consideration of the complaint an d on the written request of a party or on its own initiative, 
hold an electronic hearing or a hearing at which the parties or their counsel appear in person 
before the Tribunal.  
 
(2) A request for a hearing must be submitted as soon as possible during the course of the 
proceeding.  
 
(3) The Tribunal must set a date, time and place for the hearing and notify the parties of them.  
 
(4) The Tribunal must give notice to the parties of the subject -matter of the hearing.  
 
86  
 
(1) Subrule  107(1) of the Rules is replaced by the following:  
 
107 (1) If the complainant or the government institution requests an expeditious determination of 
a complaint, the Tribunal must consider the feasibility of using the express option procedure set 
out in s ubrule (5).  
 
(2) Subrules 107(3) and (4) of the Rules are replaced  by the following:  
 
(3) A request for the express option must be made in writing and submitted to the Tribunal 
without delay.  
 
(4) The Tribunal must determine whether or not to apply the e xpress option and must notify the 
complainant, the government institution and any interveners of the determination.  
 
(5) Paragraphs 107(5)(a) to (d) of the Rules are replaced by the following:  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 56 - 
 
  (a) the government institution must, within 10 working days af ter the day on which it is 
notified by the Tribunal that the express option is to be applied, file with the Tribunal 
a report on the complaint containing the documents referred to in subrule 103(1);  
 
(b) the complainant must, within five days after receipt  of a copy of the report, file with 
the Tribunal comments on the report or make a written request to have the case to be 
decided on the basis of the existing record;  
 
87  
 
Rule 108 of the Rules and the heading before it are repealed.  
 
88  
 
(1) Paragraphs 113(c) of the Rules is replaced by the following:  
 
(c) the date on or before which an other interested party must file a notice of 
participation;  
 
(2) Paragraph 113(j) of the Rules is replaced by the following:  
 
(j) any other information tha t the Tribunal considers relevant to the extension inquiry.  
 
89  
 
The Rules are amended by replacing "Commissioner " with "President " in the following provisions:  
 
(a) in the definition respondent in rule 2;  
 
(b) subparagraph 13(3)(b)(i);  
 
(c) the portion o f paragraph 30(a) before subparagraph (i);  
 
(d) the heading before rule 50;  
 
(e) the heading before rule 51;  
 
(f) the portion of rule 51 before paragraph (a) and paragraph 51(c);  
 
(g) paragraph 52.3(a);  
 
(h) the heading before rule 52.4;  
 
(i) paragraph 55(a);  
(j) the heading before rule 56;  
 
(k) paragraph 56(b), subparagraphs 56(c)(i) and (ii) and paragraph 56(d);  
 
(l) the heading before rule 57;  
 
(m) paragraphs 57(b) and (d);  
 
(n) paragraph 68.1(2)(a);  
 
(o) paragraph 69(a);  
 
(p) paragraph 74(a);  
 
(q) the heading before rule 75;  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 57 - 
 
  (r) the portion of rule 75 before paragraph (a);  
 
(s) paragraph 76(2)(a); and  
 
(t) paragraph 79(b).  
 
90  
 
The Rules are amended by replacing "Secretary " with "Tribunal " in the following provisions:  
 
(a) the portion of rule 52.3 before paragraph (a);  
 
(b) the portion of rule 55 before paragraph (a);  
 
(c) the heading before rule 58;  
 
(d) the portion of rule 58 before paragraph (a);  
 
(e) rules 65 and 66;  
 
(f) the portion of subrule 68.1(1) before paragraph (a) and the po rtion of sub rule 68.1(2) 
before paragraph (a);  
 
(g) the heading before rule 68.2;  
 
(h) the portion of rule 68.2 before paragraph (a);  
 
(i) the portion of subrule 71(1) before paragraph (a);  
(j) the portion of subrule 73.1(1) before paragraph (a);  
 
(k) subrule 73.5(2);  
 
(l) paragraph 75(b);  
 
(m) subparagraph 76(1)(f)(i) and the portion of subrule 76(2) before paragraph (a);  
 
(n) subparagraph 78(f)(i);  
 
(o) the portion of rule 79 before paragraph (a);  
 
(p) rule 80;  
 
(q) subparagraph 85(f)(i); and  
 
(r) the portion of rule 86 before paragraph (a); p) l 'article 80;  
 
91  
 
The Rules are amended by replacing "subrule 16(1) or (2) " with "subrule 16(1) " in the following  
provisions:  
 
(a) paragraph 52.2(d);  
 
(b) paragraph 54(d);  
 
(c) paragraph 59(a);  
 
(d) paragraph 68.1(1)(d);  
 
(e) paragraph 71(1)(d);  
 G/ADP/N/1/CAN/4/Suppl.2 • G/SCM/N/1/CAN/4/Suppl.2 • G/SG/N/1/CAN/3/Suppl.1  
 
- 58 - 
 
  (f) subparagraph 76(1)(f)(iii);  
 
(g) subparagraph 78(f)(iii);  
 
(h) subparagraph 85(f)(iii); and  
 
(i) paragraph 113(d).  
 
92  
 
The French version of the Rules is amended by replacing « à la connaissance  du Tribunal »  
with « à sa connaissance » in the following provisions:  
 
(a) paragraph 52.3(b);  
 
(b) paragraph 55(b);  
 
(c) paragraph 68.1(2)(b); and  
 
(d) paragraphs 86(a) and (b).  
 
Coming into Force  
 
93  
 
These Rules come into force on the day on which section 68 of the Budget Implementation Act, 
2017, No. 1,  chapter 20 of the Statutes of Canada, 2017, comes into force, but if they are 
registered after that day, they come into force on the day on which they  are registered.  
 
 
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