Customs Tariff (S.C. 1997, c. 36)

Marginal note:Period and repeal

• 77.2 (1) An order made under subsection 77.1(2)

  • (a) subject to section 77.3, has effect for a period specified in the order; and

  • (b) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.

• Marginal note:Cessation

  (2) If an order is made under subsection 77.1(2) on the basis of a report of the Minister, the order ceases to have effect at the end of the two hundredth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council, on the basis of an inquiry made under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

Marginal note:Extension order

• 77.3 (1) If, at any time before the expiry of an order with respect to any goods made under this subsection or subsection 77.1(2) or under subsection 5.4(2) or (4) of the Export and Import Permits Act, 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 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, make an extension order imposing a surtax on any goods specified in the previous order.

• Marginal note:Scope and rate

  (2) If an extension order is made under subsection (1),

  • (a) the extension order applies to goods imported into Canada, or any region or part of Canada, specified in the order during the period that the order is in effect; and

  • (b) the rate of the surtax imposed by the extension order must, subject to subsection (3),

    • (i) be at a rate specified in the extension order, or

    • (ii) be at a rate specified in the extension order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order.

• Marginal note:Maximum rate

  (3) The rate specified in the extension order may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Period and repeal of extension orders

  (4) Every extension order made under subsection (1)

  • (a) remains in effect, subject to this section, for the period that is specified in the order; and

  • (b) may, notwithstanding any other provision of this section, be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4.