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Canada–United States–Mexico Agreement Implementation Act (S.C. 2020, c. 1)

Assented to 2020-03-13

PART 2Related Amendments (continued)

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

Amendments to the Act

Marginal note:2018, c. 23, s. 32(1)

  •  (1) The definition textile and apparel goods in subsection 2(1) of the Canadian International Trade Tribunal Act is replaced by the following:

    textile and apparel goods

    textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)

  • Marginal note:1993, c. 44, s. 32(3)

    (2) Subsection 2(2) of the Act is replaced by the following:

    • Marginal note:Same meaning

      (2) In this Act,

      • (a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and

      • (b) CUSMA country means a country that is a party to the Agreement.

  • Marginal note:2018, c. 23, s. 32(3)

    (3) Subsection 2(5) of the Act is amended by striking out the reference to “a NAFTA country” from the list of countries.

  • (4) Subsection 2(5) of the Act is amended by adding, in alphabetical order, a reference to “a CUSMA country” in the list of countries.

Marginal note:1993, c. 44, s. 33

 Section 2.1 of the Act is replaced by the following:

Marginal note:Suspension of certain provisions

  • 2.1 (1) The operation of the provisions referred to in column II of this subsection is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:

    Column IColumn II
    Provisions in forceProvisions suspended
    section 20.01section 20.1
    section 20.2section 21
    section 21.1section 22
  • Marginal note:Canada-United States Free Trade Agreement

    (2) The operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.

Marginal note:1994, c. 47, s. 31; 1997, c. 36, s. 193

 Section 19.01 of the Act is repealed.

Marginal note:1993, c. 44, s. 37; 1994, c. 47, s. 33 and 34 and par. 46(b)(F) and (c)(F)

 Sections 20 and 20.01 of the Act are replaced by the following:

Marginal note:Definition of principal cause

  • 20 (1) In this section and in section 20.01, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

  • Marginal note:Inquiry into injury matters

    (2) The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation to

    • (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or

    • (b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada.

Marginal note:Definition of contribute importantly

  • 20.01 (1) In this section, contribute importantly means to be an important cause, but not necessarily the most important cause.

  • Marginal note:Determination in respect of CUSMA country goods

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a CUSMA country 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 thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

    • (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to the serious injury or threat thereof.

  • Marginal note:Idem

    (2.1) In an inquiry under section 30.07 into goods imported from a CUSMA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each CUSMA country

    • (a) whether the quantity of the goods imported from the CUSMA country accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the goods imported from the CUSMA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other CUSMA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

  • Marginal note:Considerations

    (3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 10.2 of the Agreement.

Marginal note:1993, c. 44, s. 38

  •  (1) Subsection 20.2(1) of the Act is replaced by the following:

    Marginal note:Terms of reference

    • 20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:1993, c. 44, s. 38

    (2) Subsections 20.2(3) and (4) of the Act are replaced by the following:

    • Marginal note:Tabling of report

      (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19 or 20 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

      (4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19 or 20 to be published in the Canada Gazette.

Marginal note:1997, c. 36, s. 196(1)

 Subsections 23(1.01) to (1.03) of the Act are repealed.

Marginal note:2014, c. 14, s. 36

 Paragraph 25(2)(c) of the Act is replaced by the following:

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

Marginal note:1997, c. 36, s. 197(1)

  •  (1) Subparagraphs 26(1)(a)(i.1) to (i.3) of the Act are repealed.

  • Marginal note:2001, c. 28, s. 24(2)

    (2) Subsection 26(2.1) of the Act is replaced by the following:

    • Marginal note:Copies to Minister

      (2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).

 
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