Canada–Korea Economic Growth and Prosperity Act (S.C. 2014, c. 28)

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 (1.097) 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 — Korea Tariff

  (1.097) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Korea Tariff, or any person or association acting on 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, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

• (i.97) in the case of a complaint filed under subsection 23(1.097), the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

• (a.97) in the case of a complaint filed under subsection 23(1.097), the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods; or

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) or 74(7) 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.

SAFEGUARD MEASURES IN RESPECT OF KOREA

Definition of “complaint”

30.27 In sections 30.28 to 30.32, “complaint” means a written complaint filed with the Tribunal under subsection 23(1.097) 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 subsection 30.28(2).

Marginal note:Critical circumstances

• 30.28 (1) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the Korea Tariff, or any person or association acting on behalf of such a domestic producer, may, if filing a complaint under subsection 23(1.097), include in that complaint a written allegation that as a result of that entitlement, the imported goods are being imported in such increased quantities, in absolute terms, and under such conditions as to give rise to critical circumstances.

• Marginal note:Contents of allegation

  (2) The allegation must

  • (a) state in reasonable detail the facts on which it is based;

  • (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the allegation is filed;

  • (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b);

  • (d) be accompanied by any other information that may be required by the rules; and

  • (e) make any other representations that the complainant considers relevant to the matter.

Marginal note:Request for additional information

• 30.29 (1) The Tribunal may, within seven days after the day on which a complaint under subsection 23(1.097) is received, by notice in writing, request the complainant to provide any additional information that the Tribunal considers necessary in order for an allegation that is included in the complaint to be properly documented.

• Marginal note:Subsequent request for additional information

  (2) If the Tribunal receives additional information under subsection (1) or this subsection, the Tribunal may, within seven days after the day on which the additional information is received, by notice in writing, request the complainant to provide any additional information that the Tribunal considers necessary in order for the allegation to be properly documented.

Marginal note:Commencement of inquiry

• 30.3 (1) The Tribunal shall, within seven days after the day on which an allegation is received or, if the Tribunal has requested the complainant to provide additional information under subsection 30.29(1) or (2), within seven days after the day on which the additional information is received, determine whether the allegation is properly documented and, if the Tribunal determines that it is, commence an inquiry into the allegation if it is satisfied

  • (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that

    • (i) the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, 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, and

    • (ii) delay in taking action would cause serious injury to domestic producers of like or directly competitive goods that would be difficult to repair; and

  • (b) that the allegation is made by or on behalf of domestic producers that produce a major proportion of the domestic production of the like or directly competitive goods.

• Marginal note:Notification of decision to commence inquiry

  (2) If the Tribunal decides to commence an inquiry, it shall immediately

  • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry will commence;

  • (b) cause a notice of its decision and the date on which any hearing in the inquiry will commence to be published in the Canada Gazette; and

  • (c) send to the Minister a copy of the complaint and the information accompanying the complaint, the allegation and the information accompanying the allegation and any other relevant information examined by the Tribunal in relation to the allegation.

• Marginal note:Notification of decision not to commence inquiry

  (3) If the Tribunal decides not to commence an inquiry, it shall immediately notify the complainant of its decision, of the reasons for it and, if the reasons are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

Marginal note:Determination by Tribunal

• 30.31 (1) In an inquiry, the Tribunal shall, not later than 58 days after the day on which the complaint is received and having regard to any regulations made under paragraph 40(a), determine on the basis of available information whether

  • (a) the evidence discloses a reasonable indication that the goods that are entitled to the Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, 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; and

  • (b) delay in taking action would cause serious injury to domestic producers of like or directly competitive goods that would be difficult to repair.

• Marginal note:Other matters

  (2) During the inquiry, the Tribunal shall examine any other matter in relation to the allegation that the Governor in Council refers to it.

• Marginal note:Report of inquiry

  (3) The Tribunal shall prepare a report on the inquiry and provide a copy of the report to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

• Marginal note:Publication of notice

  (4) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette.

Marginal note:Termination of inquiry

30.32 If the Tribunal determines under subsection 25(1) that the complaint in which the allegation is included is not properly documented, or determines not to commence an inquiry into the complaint under subsection 26(3), any proceeding initiated in relation to the allegation shall be terminated and the Tribunal must

• (a) if an inquiry has been commenced under subsection 30.3(1), notify the complainant and each other interested party in writing that the proceeding has been terminated and cause a notice of the fact that the proceeding has been terminated to be published in the Canada Gazette; or

• (b) if an inquiry has not been commenced, notify the complainant in writing that the proceeding has been terminated.