Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 1R.S., c. S-15Special Import Measures Act (continued)
Transitional Provisions
Marginal note:Definitions
99 The definitions in this section apply in this section and sections 100 and 101.
- commencement day
commencement day means the day on which this section comes into force. (date de référence)
- former Act
former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)
- new Act
new Act means the Special Import Measures Act as it read on the commencement day. (nouvelle loi)
Marginal note:Disposition of notified complaints
100 (1) Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint 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 continued and disposed of in accordance with that Act.
Marginal note: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 respect 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 dispute 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 goods that were released before the commencement day;
(c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or
(d) a proceeding, process or action under section 45 of the new Act in relation to that order or finding.
Marginal note: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.
Marginal note: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.
Marginal note:Determination — undertaking
(5) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act.
Marginal note:Determination — deeming
(6) A determination of a normal value, export 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.
Marginal note: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.
Marginal note: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
Marginal note: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.
DIVISION 2Public Debt
Enactment of Borrowing Authority Act
Marginal note:Enactment
103 The Borrowing Authority Act, whose text is as follows and whose schedule is set out in Schedule 1 to this Act, is enacted:
An Act to provide the Minister of Finance with borrowing authority and to provide for a maximum amount of certain borrowings
Marginal note:Short title
1 This Act may be cited as the Borrowing Authority Act.
Marginal note:Definitions
2 The following definitions apply in this Act.
- agent corporation
agent corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société mandataire)
- Minister
Minister means the Minister of Finance. (ministre)
Marginal note:Borrowing authority
3 The Minister, with the authorization of the Governor in Council under subsection 44(1) of the Financial Administration Act and in accordance with that Act, may borrow money on behalf of Her Majesty in right of Canada, by way of the issue and sale of securities, as defined in section 2 of that Act, or otherwise.
Marginal note:Maximum amount that may be borrowed
4 Despite section 3 and any other Act of Parliament, but subject to section 6, the total of the following amounts must not at any time exceed $1,168,000,000,000:
(a) the total amount of money borrowed by the Minister under section 3, the Financial Administration Act and the borrowing authority Acts listed in the schedule,
(b) the total amount of money borrowed by way of the issue and sale of Canada Mortgage Bonds that are guaranteed by the Canada Mortgage and Housing Corporation, and
(c) the total amount of money borrowed by all agent corporations, by way of the issue and sale of their securities or otherwise, other than
Marginal note:Exception — amounts not counting towards total
5 The following amounts do not count in the calculation of the amount referred to in paragraph 4(a):
(a) amounts borrowed by the Minister under an order made under paragraph 46.1(c) of the Financial Administration Act; and
(b) amounts borrowed by the Minister under an order made under paragraph 46.1(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under an order made under paragraph 46.1(c) of that Act.
Marginal note:Exception — maximum amount may be exceeded
6 The Minister may borrow an amount under an order made under paragraph 46.1(a) or (b) of the Financial Administration Act even if that borrowing causes the maximum amount referred to in section 4 of this Act to be exceeded.
Marginal note:Minister’s responsibility
7 In the exercise of the Minister’s powers and duties under subsection 14(1) of the National Housing Act in respect of guarantees of Canada Mortgage Bonds by the Canada Mortgage and Housing Corporation, and of his or her powers and duties under subsections 127(2) and (3) of the Financial Administration Act in respect of agent corporations, the Minister must ensure that the maximum amount referred to in section 4 of this Act is not exceeded.
Marginal note:Report to Parliament
8 (1) The Minister must cause to be tabled in each House of Parliament within three years after the day on which this section comes into force — or, if the House is not sitting on the last day of that three-year period, during the next 30 days that it is sitting — a report indicating
(a) the total amount of borrowed money referred to in each of paragraphs 4(a) to (c);
(b) the total amount of money borrowed under orders made under each of paragraphs 46.1(a) to (c) of the Financial Administration Act; and
(c) the Minister’s assessment of whether the maximum amount referred to in section 4 of this Act should be increased or decreased.
Marginal note:Subsequent triennial reports
(2) The Minister must cause to be tabled in each House of Parliament, on or before the May 31 that follows the end of the third fiscal year after the fiscal year during which a report was previously tabled under this section — or, if the House is not sitting on that May 31, during the next 30 days that it is sitting — a report indicating the matters set out in paragraphs (1)(a) to (c).
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