Canada–Indonesia Comprehensive Economic Partnership Agreement Implementation Act (S.C. 2026, c. 8)

Marginal note:Definition of principal cause

• 19.0192 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Indonesia

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Indonesia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for an inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

• Marginal note:Notice of report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Marginal note:Definition of principal cause

• 20.08 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Determination in respect of goods imported from Indonesia

  (2) If, in an inquiry conducted under section 20 into goods imported from Indonesia that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.

• Marginal note:Determinations

  (3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

• Marginal note:Inquiry under section 30.07

  (4) In an inquiry under section 30.07 into goods imported from Indonesia conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Indonesia are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

Marginal note:Definition of complaint

21.1 In sections 23 to 30, complaint means a written complaint filed with the Tribunal under any of subsections 23(1) to (1.098) and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

• Marginal note:Filing of complaint — Indonesia Tariff

  (1.098) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Indonesia Tariff, or any person or association acting on or behalf of such a domestic producer, may file a written complaint with the Tribunal alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

• (c) in the case of a complaint filed under subsection 23(1.06), (1.08), (1.083), (1.09), (1.091), (1.092), (1.096) or (1.098), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

• (i.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Indonesia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

• (a.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Indonesia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods;

Marginal note:Filing of request relating to extension orders

• 30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 63(1), 74(7), 75(3), 76(3) or 77(3) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

Canada–Indonesia Comprehensive Economic Partnership Agreement

Canada–Indonesia Comprehensive Economic Partnership Agreement has the same meaning as Agreement in section 2 of the Canada–Indonesia Comprehensive Economic Partnership Agreement Implementation Act. (Accord de partenariat économique global Canada–Indonésie)

Indonesia

Indonesia means the land territories, internal waters, archipelagic waters, territorial sea, including the seabed and subsoil thereof, and air space over such territories and waters, as well as the contiguous zone, the continental shelf and exclusive economic zone, over which Indonesia has sovereignty, sovereign rights or jurisdiction as defined in its laws, and in accordance with international law, including the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982. (Indonésie)

• (xvi) subsection 75(1);

IDT

IDT refers to the Indonesia Tariff. (TID)

Indonesia Tariff

Marginal note:Application of IDT

• 49.71 (1) Subject to section 24, goods that originate in Indonesia are entitled to the Indonesia Tariff rates of customs duty.

• Marginal note:“A” final rate for IDT

  (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “IDT” in relation to goods entitled to the Indonesia Tariff, the Indonesia Tariff rate of customs duty that applies to those goods is the final rate of “Free”.

• Marginal note:“F” staging for IDT

  (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “IDT” in relation to goods entitled to the Indonesia Tariff, the Indonesia Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

• Marginal note:Staging for IDT

  (4) If “Y1”, “Y2” or “Y3” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “IDT” in relation to goods entitled to the Indonesia Tariff, the Indonesia Tariff rate of customs duty that applies to those goods is the initial rate, reduced

  • (a) if “Y1” is set out,

    • (i) effective on the coming into force of this subsection, to four fifths of the initial rate,

    • (ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to three fifths of the initial rate,

    • (iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to two fifths of the initial rate,

    • (iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to the one fifth of the initial rate, and

    • (v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to the final rate of “Free”;

  • (b) if “Y2” is set out,

    • (i) effective on the coming into force of this subsection, to nine tenths of the initial rate,

    • (ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to eight tenths of the initial rate,

    • (iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to seven tenths of the initial rate,

    • (iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to six tenths of the initial rate,

    • (v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to five tenths of the initial rate,

    • (vi) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to four tenths of the initial rate,

    • (vii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to three tenths of the initial rate,

    • (viii) effective on January 1 of the year that is seven years after the year of the coming into force of this subsection, to two tenths of the initial rate,

    • (ix) effective on January 1 of the year that is eight years after the year of the coming into force of this subsection, to one tenth of the initial rate, and

    • (x) effective on January 1 of the year that is nine years after the year of the coming into force of this subsection, to the final rate of “Free”; and

  • (c) if “Y3” is set out,

    • (i) effective on the coming into force of this subsection, to fourteen fifteenths of the initial rate,

    • (ii) effective on January 1 of the year that is one year after the year of the coming into force of this subsection, to thirteen fifteenths of the initial rate,

    • (iii) effective on January 1 of the year that is two years after the year of the coming into force of this subsection, to twelve fifteenths of the initial rate,

    • (iv) effective on January 1 of the year that is three years after the year of the coming into force of this subsection, to eleven fifteenths of the initial rate,

    • (v) effective on January 1 of the year that is four years after the year of the coming into force of this subsection, to ten fifteenths of the initial rate,

    • (vi) effective on January 1 of the year that is five years after the year of the coming into force of this subsection, to nine fifteenths of the initial rate,

    • (vii) effective on January 1 of the year that is six years after the year of the coming into force of this subsection, to eight fifteenths of the initial rate,

    • (viii) effective on January 1 of the year that is seven years after the year of the coming into force of this subsection, to seven fifteenths of the initial rate,

    • (ix) effective on January 1 of the year that is eight years after the year of the coming into force of this subsection, to six fifteenths of the initial rate,

    • (x) effective on January 1 of the year that is nine years after the year of the coming into force of this subsection, to five fifteenths of the initial rate,

    • (xi) effective on January 1 of the year that is 10 years after the year of the coming into force of this subsection, to four fifteenths of the initial rate,

    • (xii) effective on January 1 of the year that is 11 years after the year of the coming into force of this subsection, to three fifteenths of the initial rate,

    • (xiii) effective on January 1 of the year that is 12 years after the year of the coming into force of this subsection, to two fifteenths of the initial rate,

    • (xiv) effective on January 1 of the year that is 13 years after the year of the coming into force of this subsection, to one fifteenth of the initial rate, and

    • (xv) effective on January 1 of the year that is 14 years after the year of the coming into force of this subsection, to the final rate of “Free”.

• Marginal note:Rounding of specific rates

  (5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.

• Marginal note:Rounding of amounts — fraction other than 0.5

  (6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.

• Marginal note:Elimination of rates of less than two per cent

  (7) If a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.

Bilateral Emergency Measures — Indonesia

Marginal note:Order by Governor in Council

• 75 (1) Subject to subsections (2) to (5), if at any time it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 19.0192(2) of the Canadian International Trade Tribunal Act or further to a complaint filed under subsection 23(1.098) of that Act, that goods that are entitled to the Indonesia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or a threat of serious injury, to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order

  • (a) suspend, during the period that the order is in effect, any reduction of the rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 49.71; and

  • (b) make those goods subject to a temporary duty, in addition to any other duty specified in this Act or in any other Act of Parliament relating to customs, at a rate set out in the order, but that rate, when added to the rate of customs duty specified in the Indonesia Tariff that is in effect in respect of those goods at that time, may not exceed the lesser of

    • (i) the Most-Favoured-Nation Tariff rate of customs duty that is in effect in respect of those goods at the time the order is made, and

    • (ii) the Most-Favoured-Nation Tariff rate of customs duty that was in effect in respect of those goods immediately before the coming into force of this subsection.

• Marginal note:Terms and conditions

  (2) An order under subsection (1)

  • (a) is not to be made more than once in respect of goods of any particular kind;

  • (b) remains in effect only for the period, not exceeding two years, that is specified in the order;

  • (c) may be made during the period beginning on the day on which this subsection comes into force and ending

    • (i) if the order is in respect of goods for which the Indonesia Tariff rate of customs duty is reduced to the final rate of “Free” over a period of less than 10 years, on the day that is 10 years after the day on which this subsection comes into force, and

    • (ii) if the order is in respect of goods for which the Indonesia Tariff rate of customs duty is reduced to the final rate of “Free” over a period of 10 years or more, on the day after the expiry of the tariff staging period in respect of those goods.

• Marginal note:Extension of order

  (3) The Governor in Council may, on the recommendation of the Minister, by order, extend the period of an order made under subsection (1), if it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under section 30.07 of the Canadian International Trade Tribunal Act that the order continues to be necessary to prevent or remedy serious injury to, and to facilitate the adjustment of, domestic producers of like or directly competitive goods. The total period of the order is not to exceed three years.

• Marginal note:Rate of duty when order ceases to have effect

  (4) If an order made under subsection (1) ceases to have effect in a particular calendar year, the rate of customs duty applicable to the goods after the order ceases to have effect is the rate of customs duty that is applicable in accordance with section 49.71.

• Marginal note:Definition of principal cause

  (5) In this section, principal cause means, in respect of a serious injury or threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat.