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C-101
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ENGLISHSUMMARYSUMMARY1 Customs Tariff1 Customs Tariff2 Consequential Amendments to the Canadian International Trade Tribunal Act2 Consequential Amendments to the Canadian International Trade Tribunal Act3 Coming into Force3 Coming into ForceEXPLANATORY NOTESEXPLANATORY NOTES
First Session, Forty-second Parliament,
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-101
An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act
FIRST READING, June 5, 2019
MINISTER OF FINANCE
90901
SUMMARY
This enactment provides for the repeal of subsections 55(5) and (6) of the Customs Tariff and their subsequent re-enactment two years later. It also makes consequential amendments to the Canadian International Trade Tribunal Act.
Available on the House of Commons website at the following address:
www.ourcommons.ca
1st Session, 42nd Parliament, 
64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019
HOUSE OF COMMONS OF CANADA
BILL C-101
An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1997, c. 36
Customs Tariff
1 (1) Subsections 55(5) and (6) of the Customs Tariff are repealed.
(2) Section 55 of the Act is amended by adding the following after subsection (4):
Prohibition against further orders
(5) Subject to subsection (6), no order may be made under subsection (1) with respect to goods that have already been the subject of an order made under that subsection or subsection 5(3) of the Export and Import Permits Act unless, after the expiry of the order and any related orders made under subsection 5(3.‍2) or (4.‍1) of that Act or section 60 or subsection 63(1), there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.
Exception
(6) If an order made under subsection (1) was effective with respect to goods for a period of 180 days or less, a further order may be made under that subsection with respect to those goods if
(a) at least one year has elapsed since the previous order took effect; and
(b) not more than two orders have been made with respect to the goods under subsection (1) within the period of five years before the further order takes effect.
R.‍S.‍, c. 47 (4th Supp.‍)
Consequential Amendments to the Canadian International Trade Tribunal Act
1997, c. 36, s. 197(3)
2 (1) Subsection 26(7) of the Canadian International Trade Tribunal Act is replaced by the following:
Time limit on inquiry
(7) If subsection 5(3.‍1) of the Export and Import Permits Act prohibits the making of an order under subsection 5(3) of that Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than 180 days before the end of the period.
(2) Subsection 26(7) of the Act is replaced by the following:
Time limit on inquiry
(7) If subsection 55(5) of the Customs Tariff or subsection 5(3.‍1) of the Export and Import Permits Act prohibits the making of an order under subsection 55(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than 180 days before the end of the period.
Coming into Force
Second anniversary
3  Subsections 1(2) and 2(2) come into force on the second anniversary of the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons
explanatory notes
Customs Tariff
Clause 1: (1) Existing text of subsections 55(5) and (6):
(5) Subject to subsection (6), no order may be made under subsection (1) with respect to goods that have already been the subject of an order made under that subsection or subsection 5(3) of the Export and Import Permits Act unless, after the expiry of the order and any related orders made under subsection 5(3.‍2) or (4.‍1) of that Act or section 60 or subsection 63(1), there has elapsed a period equal to the greater of two years and the total period during which the order or orders were in effect.
(6) If an order made under subsection (1) was effective with respect to goods for a period of 180 days or less, a further order may be made under that subsection with respect to those goods if
(a) at least one year has elapsed since the previous order took effect; and
(b) not more than two orders have been made with respect to the goods under subsection (1) within the period of five years before the further order takes effect.
Canadian International Trade Tribunal Act
Clause 2: (1) Existing text of subsection 26(7):
(7) If subsection 55(5) of the Customs Tariff or subsection 5(3.‍1) of the Export and Import Permits Act prohibits the making of an order under subsection 55(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than one hundred and eighty days before the end of the period.
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