Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Marginal note:Filing of complaint — trade diversion

• 30.23 (1) Any domestic producer of goods that are like or directly competitive with goods that are subject to any action, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.

• Marginal note:Contents of complaint

  (2) A complaint shall

  • (a) state in reasonable detail the facts on which the allegations are 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 complaint 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 deems relevant to the matter.

• Marginal note:Commencement of inquiry

  (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint 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 an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and

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

• Marginal note:Notice of decision to commence inquiry

  (4) Where the Tribunal decides to commence an inquiry into the complaint, 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 shall commence;

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

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

• Marginal note:Notice of decision not to commence inquiry

  (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately

  • (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision 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 such information; and

  • (b) cause a notice of its decision to be published in the Canada Gazette.

• Marginal note:Determination by Tribunal

  (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada.

• Marginal note:Other matters

  (7) The Tribunal shall, in an inquiry, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

• Marginal note:Report on inquiry

  (8) The Tribunal shall prepare a report on the inquiry not later than seventy days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (9) 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:Tabling of report in certain cases

  (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

Marginal note:Further inquiry

• 30.24 (1) The Governor in Council may, at any time after the receipt of a report prepared by the Tribunal pursuant to subsection 30.22(8) or 30.23(8), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.

• Marginal note:Terms of reference

  (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council.

• Marginal note:Copies of report

  (3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 30.22(8) or 30.23(8), as the case may be.

• Marginal note:Notice of report

  (4) The Tribunal shall cause a notice of the submission of a report to the Governor in Council pursuant to subsection (1) to be given to each other interested party and to be published in the Canada Gazette.

• Marginal note:Tabling of report

  (5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

Marginal note:Notice of expiring orders

• 30.25 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 77.1(2) or 77.3(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5.4(2) or (4) of the Export and Import Permits Act, but no notice shall be published if the order ceases to have effect or is repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs Tariff or is repealed under subsection 5.4(5) of the Export and Import Permits Act before the end of the effective period specified in that order.

• Marginal note:Manner and contents of publication

  (2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

• Marginal note:Filing of request relating to extension orders

  (3) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection (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 77.3(1) of the Customs Tariff or subsection 5.4(4) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Time limit for filing extension request

  (4) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection (2).

• Marginal note:Receipt to be acknowledged

  (5) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

• Marginal note:Contents of extension request

  (6) An extension request shall

  • (a) state in reasonable detail the facts on which the allegations are 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 extension request 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 requester deems relevant to the matter.

• Marginal note:Inquiries into extension requests

  (7) On receipt of an extension request that meets the requirements of subsection (6), the Tribunal shall commence an inquiry into the request within thirty days after the request is filed if the Tribunal is satisfied

  • (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods; and

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

• Marginal note:Notice of decision to commence inquiry

  (8) Where the Tribunal decides to commence an inquiry into the extension request, it shall immediately

  • (a) notify the requester 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 shall commence;

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

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

• Marginal note:Notice of decision not to commence inquiry

  (9) Where the Tribunal decides not to commence an inquiry into the extension request, it shall immediately

  • (a) notify the requester and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and

  • (b) cause a notice of its decision to be published in the Canada Gazette.

• Marginal note:Continuing necessity of order

  (10) The Tribunal shall, in the inquiry into the extension request, determine whether an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods.

• Marginal note:Other matters

  (11) The Tribunal shall, in the inquiry into the extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

• Marginal note:Report on extension inquiry

  (12) The Tribunal shall prepare a report on the inquiry not later than forty-five days before the expiry date of the order to which the inquiry under subsection (7) relates and shall submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (13) 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:Tabling of report in certain cases

  (14) Where, pursuant to subsection (11), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

Marginal note:Expiry date

30.26 Sections 30.2 to 30.25 cease to have effect on December 11, 2013.

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.