Special Import Measures Act (R.S.C., 1985, c. S-15)

Expiry Review

Marginal note:Review

• 76.03 (1) The Tribunal shall initiate an expiry review with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable:

  • (a) if no order continuing the order or finding has been made under paragraph (12)(b), the day on which the order or finding was made; and

  • (b) if one or more orders continuing the order or finding have been made under paragraph (12)(b), the day on which the last order was made.

• Marginal note:Termination of review

  (2) The Tribunal may terminate an expiry review at any time if, in the Tribunal’s opinion, the review is not supported by domestic producers. Upon terminating a review, the Tribunal shall without delay cause notice of the termination to be given to the President and all other persons and governments specified in the rules of the Tribunal.

• (3) [Repealed, 2022, c. 10, s. 201]

• (4) [Repealed, 2022, c. 10, s. 201]

• (5) [Repealed, 2022, c. 10, s. 201]

• Marginal note:Notice

  (6) Upon initiating an expiry review, the Tribunal shall without delay

  • (a) cause notice of the review to be given to

    • (i) the President, and

    • (ii) all other persons and governments specified in the rules of the Tribunal; and

  • (b) [Repealed, 2022, c. 10, s. 201]

  • (c) cause to be published in the Canada Gazette notice of initiation of the review that includes the information set out in the rules of the Tribunal.

• Marginal note:President’s determination and notice

  (7) Unless the expiry review is terminated under subsection (2), the President shall

  • (a) within 150 days after the day on which the notice is received under subparagraph (6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and

  • (b) provide the Tribunal with notice of the determination without delay after making it.

• Marginal note:Consequences of President’s determination

  (8) If the President determines that the expiry of the order or finding in respect of any goods is unlikely to result in a continuation or resumption of dumping or subsidizing, the Tribunal shall not take those goods into account in assessing the cumulative effect of dumping or subsidizing under subsection (11).

• Marginal note:Consequences of President’s determination

  (9) If the President determines that the expiry of the order or finding in respect of any goods is likely to result in a continuation or resumption of dumping or subsidizing, the President shall without delay provide the Tribunal with any information and material with respect to the matter that is required under the rules of the Tribunal.

• Marginal note:Tribunal’s determination

  (10) If the President makes a determination described in subsection (9), the Tribunal shall, within 160 days after the day on which that determination was received, determine whether the expiry of the order or finding in respect of the goods referred to in that subsection is likely to result in injury or retardation.

• Marginal note:Assessment of cumulative effect

  (11) For the purpose of subsection (10), the Tribunal shall make an assessment of the cumulative effect of the dumping or subsidizing of goods to which the determination of the President described in subsection (9) applies that are imported into Canada from more than one country if the Tribunal is satisfied that an assessment of the cumulative effect would be appropriate taking into account the conditions of competition between goods to which the order or finding applies that are imported into Canada from any of those countries and

  • (a) goods to which the order or finding applies that are imported into Canada from any other of those countries; or

  • (b) like goods of domestic producers.

• Marginal note:Order of Tribunal

  (12) The Tribunal shall make an order

  • (a) rescinding the order or finding in respect of goods

    • (i) referred to in subsection (8),

    • (ii) in respect of which it determines that the expiry of the order or finding is unlikely to result in injury or retardation, or

    • (iii) in respect of which it terminated an expiry review under subsection (2); or

  • (b) continuing the order or finding, with or without amendment, in respect of goods which it determines that the expiry of the order or finding is likely to result in injury or retardation.

• Marginal note: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 the review is initiated under subsection (1) but 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.

• Marginal note:Expiry of anti-circumvention order

  (14) An order made as a result of a decision by the President setting out a finding of circumvention 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 on the day on which the Tribunal makes an order under subsection (12).

Marginal note:Separate order or finding

• 76.04 (1) If a review under section 76.01, 76.02 or 76.03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country.

• Marginal note:Suspension of subsection (3)

  (2) The operation of subsection (3) is suspended during the period in which subsection (1) is in force.

• Marginal note:Separate order or finding

  (3) If a review under section 76.01, 76.02 or 76.03 involves goods of the United States as well as goods of other countries and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of the United States.

Marginal note:Request by Minister of Finance for review

• 76.1 (1) Where at any time after the issuance, by the Dispute Settlement Body established pursuant to Article 2 of Annex 2 to the WTO Agreement, of a recommendation or ruling, the Minister of Finance considers it necessary to do so, having regard to the recommendation or ruling, the Minister of Finance may request that

  • (a) the President review any decision, determination or re-determination or any portion of a decision, determination or re-determination made under this Act; or

  • (b) the Tribunal review any order or finding described in any of sections 3 to 6, or any portion of such an order or finding and, in making the review, the Tribunal may re-hear any matter before deciding it.

• Marginal note:Result of review

  (2) On completion of a review under subsection (1), the President or the Tribunal, as the case may be, shall

  • (a) continue the decision, determination, re-determination, order or finding without amendment;

  • (b) continue the decision, determination, re-determination, order or finding with any amendments that the President or the Tribunal, as the case may be, considers necessary; or

  • (c) rescind the decision, determination, re-determination, order or finding and make any other decision, determination, re-determination, order or finding that the President or the Tribunal, as the case may be, considers necessary.

• Marginal note:Reasons

  (3) If a decision, determination, re-determination, order or finding is continued under paragraph (2)(a) or (b) or made under paragraph (2)(c), the President or the Tribunal, as the case may be, shall give reasons for doing so and shall set out to what goods, including, if practicable, the name of the supplier and the country of export, the decision, determination, re-determination, order or finding applies.

• Marginal note:Notification of Minister of Finance

  (4) The President or the Tribunal, as the case may be, shall notify the Minister of Finance of any decision, determination, re-determination, order or finding continued under paragraph (2)(a) or (b) or made under paragraph (2)(c).

• Marginal note:Deeming

  (5) Any decision, determination or re-determination continued by the President under paragraph (2)(b) or made by the President under paragraph (2)(c) is deemed to have been made under

  • (a) paragraph 41(1)(a), if the decision or determination was continued or made as a result of a review under this section of a 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 continued or made as a result of a review under this section of a final determination of the President under that paragraph;

  • (c) subsection 53(1), 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 subsection to renew or not to renew an undertaking; or

  • (d) subsection 59(1), (1.1) or (2), if the re-determination was continued or made as a result of a review under this section of a re-determination by the President under either of those subsections.

Rescission of Orders and Findings

Marginal note:Goods of Chile

77 If the Tribunal has made an order or finding resulting in the levying of anti-dumping duties in respect of goods of Chile that are subsequently exempted from the application of this Act by regulations made under section 14, the Tribunal shall rescind the order or finding to the extent that it relates to the dumping of those goods.

PART I.1Dispute Settlement Respecting Goods of a CUSMA Country

Interpretation

Marginal note:Definitions

• 77.01 (1) In this Part,

  appropriate authority

  appropriate authority, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; (autorité compétente)

  committee

  committee means an extraordinary challenge committee appointed pursuant to section 77.018; (comité)

  CUSMA country Secretary

  CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; (secrétaire national)

  definitive decisions

  definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods:

  • (a) a decision of the President under paragraph 41(1)(a),

  • (b) a final determination of the President under paragraph 41(1)(b),

  • (c) an order or finding of the Tribunal under subsection 43(1),

  • (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking,

  • (e) a re-determination of the President under subsection 59(1),

  • (f) a re-determination of the President under subsection 59(3),

  • (f.1) a re-determination of the President under subsection 59(1.1),

  • (g) an order of the Tribunal under subsection 76.01(4),

  • (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),

  • (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1),

  • (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or

  • (j) an order or finding of the Tribunal under subsection 91(3). (décisions finales)

  Minister

  Minister means the Minister for International Trade; (ministre)

  NAFTA country Secretary

  NAFTA country Secretary[Repealed, 2020, c. 1, s. 82]

  panel

  panel means a panel appointed pursuant to section 77.013; (groupe spécial)

  rules

  rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles)

  special committee

  special committee means a special committee appointed pursuant to subsection 77.023(2). (comité spécial)

• Marginal note:Inconsistency

  (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency.

Request for Review

Marginal note:Request for review of definitive decision

• 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.

• Marginal note:Idem

  (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

• Marginal note:Deeming

  (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.

• Marginal note:Limitation period

  (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country.

• Marginal note:Grounds for request

  (5) A request under subsection (1) or (2) for the review of a definitive decision may be made only on a ground set forth in subsection 18.1(4) of the Federal Courts Act.

• Marginal note:Notification of request for review

  (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.

• Marginal note:No application or appeal

  (7) Where a request is made under subsection (1) or (2) for the review of a definitive decision by a panel, no person or government may apply under the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision.