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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. S-15Special Import Measures Act (continued)

Amendments to the Act (continued)

Marginal note:1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)

 Subsections 59(3.1) and (3.2) of the Act are replaced by the following:

  • Marginal note:Notice of re-determination

    (3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.

  • Marginal note:Presumption

    (3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.

Marginal note:2017, c. 20, s. 89

  •  (1) Paragraph 70(1)(b) of the Act is replaced by the following:

    • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:2017, c. 20, s. 89

    (2) Paragraph 70(2)(b) of the Act is replaced by the following:

    • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:2017, c. 20, s. 89

    (3) Paragraph 70(3)(b) of the Act is replaced by the following:

    • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

Marginal note:1999, c. 12, s. 36

 Subsection 76.04(1) of the Act is replaced by the following:

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:1993, c. 44, s. 218

 The heading of Part I.1 of the Act is replaced by the following:

Dispute Settlement Respecting Goods of a CUSMA Country

Marginal note:1993, c. 44, s. 218

  •  (1) The definition NAFTA country Secretary in subsection 77.01(1) of the English version of the Act is repealed.

  • Marginal note:1993, c. 44, s. 218

    (2) The definition rules in subsection 77.01(1) of the Act is replaced by the following:

    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)

  • Marginal note:1993, c. 44, s. 218

    (3) The definition secrétaire national in subsection 77.01(1) of the French version of the Act is replaced by the following:

    CUSMA country Secretary

    secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.6 de l’Accord Canada–États-Unis–Mexique. (CUSMA country Secretary)

  • Marginal note:1993, c. 44, s. 218; 2002, c. 8, s. 172

    (4) The portion of the definition definitive decision in subsection 77.01(1) of the Act before paragraph (a) is replaced by the following:

    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:

  • Marginal note:2002, c. 8, s. 172

    (5) The portion of the definition definitive decision in subsection 77.01(1) of the English version of the Act after paragraph (j) is repealed.

  • (6) Subsection 77.01(1) of the English version of the Act is amended by adding the following in alphabetical order:

    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)

Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10); 2005, c. 38, par. 135(b)(E)

  •  (1) Subsections 77.011(1) to (4) of the Act are replaced by the following:

    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:1993, c. 44, s. 218

    (2) Subsection 77.011(6) of the Act is replaced by the following:

    • 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:1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)

  •  (1) Subparagraph 77.012(1)(a)(ii) of the English version of the Act is replaced by the following:

    • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and

  • Marginal note:1999, c. 12, s. 39

    (2) Paragraph 77.012(1)(b) of the English version of the Act is replaced by the following:

    • (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

  • Marginal note:1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)

    (3) Subsection 77.012(1) of the French version of the Act is replaced by the following:

    Marginal note:Demandes et appels

    • 77.012 (1) Nul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.

  • Marginal note:1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

    (4) Subsection 77.012(2) of the English version of the Act is replaced by the following:

    • Marginal note:Limitation period extended

      (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

 
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