Safeguard Measures in Respect of Korea (continued)
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.
- 2014, c. 28, s. 42
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.
- 2014, c. 28, s. 42
Marginal note:Right to appear
31 All parties to a hearing before the Tribunal may appear in person or may be represented at the hearing by counsel or an agent.
Marginal note:Hearing may be in camera
32 A hearing before the Tribunal may, on the request of any party to the hearing, be held in camera if that party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.
Marginal note:Hearing and taking of evidence
33 (1) The Chairperson may direct that evidence relating to any inquiry under this Act or to any matter before the Tribunal pursuant to the Special Import Measures Act, other than an appeal made pursuant to section 61 of that Act, be received, in whole or in part, by a member and, for that purpose, that member has and may exercise all of the powers of the Tribunal.
Marginal note:Report on evidence
(2) A member by whom evidence relating to any matter has been received pursuant to subsection (1) shall make a report thereon to the Tribunal and a copy of the report, modified in such manner as in the opinion of the member is necessary to comply with sections 45 and 49, shall be provided to every person who is a party to the proceedings before the Tribunal in the matter.
Marginal note:Making of order, finding or report
(3) After receiving a report on evidence relating to a matter and after holding such hearing, re-hearing or further hearing with respect to the matter as the circumstances require or as the Tribunal in its discretion deems it advisable to hold, the Tribunal may make its order, finding or report or take such other action in relation to the matter as is authorized to be taken by it in relation to the matter under this or any other Act of Parliament, as if the evidence received by the member had been received by the Tribunal.
- R.S., 1985, c. 47 (4th Supp.), s. 33
- 1999, c. 12, s. 61(E)
Marginal note:Information other than sworn evidence
34 For the purpose of any inquiry under this Act or the Special Import Measures Act, the Tribunal may obtain information that in its judgment is authentic, otherwise than under the sanction of an oath or affirmation, and use and act on the information.
Marginal note:Conduct of proceedings
35 Hearings before the Tribunal shall be conducted as informally and expeditiously as the circumstances and considerations of fairness permit.
Marginal note:Fees for witnesses
36 Every person summoned to attend before the Tribunal shall receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.
Marginal note:Publication of decisions
By-laws, Rules and Regulations
38 (1) The Tribunal may make by-laws respecting the calling of meetings of the Tribunal and the conduct of business at meetings of the Tribunal.
(2) A majority of the permanent members in office shall constitute a quorum of the Tribunal for the purpose of making by-laws under subsection (1).
39 (1) The Tribunal may, after consultation with the Minister and with the approval of the Governor in Council, make rules, not inconsistent with this or any other Act of Parliament,
(a) respecting the sittings of the Tribunal;
(b) for the purpose of ensuring that a conflict of interest will not be created by reason of the assignment of any member to sit at hearings of the Tribunal or to hear, determine and deal with a matter before the Tribunal and generally for the prevention of conflicts of interest;
(c) specifying any additional information that must accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2), 30.011(1), 30.012(2), 30.11(1), 30.22(1) and 30.23(1) or an extension request filed under subsection 30.04(1) or (1.1) or 30.25(3); and
(d) generally, governing the proceedings, practice and procedures of the Tribunal.
(2) A majority of the permanent members in office shall constitute a quorum for the purpose of making rules under subsection (1).
- R.S., 1985, c. 47 (4th Supp.), s. 39
- 1988, c. 65, s. 59(E)
- 1993, c. 44, s. 45
- 1994, c. 47, s. 41
- 1996, c. 33, s. 27
- 1997, c. 14, s. 31
- 2002, c. 19, s. 5
- 2022, c. 10, s. 219
40 The Governor in Council may make regulations
(a) respecting the matters to be addressed or examined by the Tribunal in an inquiry commenced under this Act;
(a.1) respecting the number of members that constitute a quorum for the purposes of
(i) hearing, determining and dealing with appeals referred to in paragraph 16(c),
(ii) conducting inquiries and reporting on matters referred to the Tribunal pursuant to section 18, 19 or 30.21, or
(iii) reviewing and reporting on developments and providing advice pursuant to section 19.02;
(b) defining the expressions domestic production and like or directly competitive goods for the purposes of this Act and providing factors for determining under this Act whether domestic producers of like or directly competitive goods are adjusting;
(c) defining the expression other interested party for the purposes of any provision of this Act;
(d) defining the expression procurement process for the purposes of this Act;
(e) designating departments, ministries of state, bodies or offices for the purposes of the definition government institution in section 30.1;
(f) designating contracts or classes of contracts for the purposes of the definition designated contract in section 30.1;
(f.1) determining, for the purposes of sections 30.1 to 30.19, whether a bidder or prospective bidder on a designated contract has standing to be a potential supplier;
(g) respecting the filing of complaints under subsection 30.11(1), including any conditions that must be met before a complaint may be filed and the time within which and manner in which it must be filed;
(h) requiring fees to be paid on the filing of a complaint under subsection 30.11(1) and prescribing those fees or the manner of determining those fees;
(i) respecting the conditions that must be met before the Tribunal may begin an inquiry into a complaint filed under subsection 30.11(1) and the matters to be addressed or examined by the Tribunal in the inquiry;
(j) prescribing, for the purposes of subsection 30.14(2), the procedures and other requirements to be observed in respect of any contract or class of contracts;
(k) respecting the recommendations and orders that the Tribunal may make under section 30.15 and the extent, if any, to which a government institution must implement the Tribunal’s recommendations pursuant to section 30.18;
(k.1) providing, for the purposes of sections 30.2 to 30.25, factors for determining whether
(i) goods originating in the People’s Republic of China 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, or
(ii) an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada;
(l) respecting the awarding of costs by the Tribunal under section 30.16, including the maximum amount that may be awarded in relation to any item of costs, and determining by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed;
(m) prescribing any other matter or thing that, by this Act, is to be or may be prescribed; and
(n) generally, for carrying out the purposes and provisions of this Act.
- R.S., 1985, c. 47 (4th Supp.), s. 40
- 1993, c. 44, s. 46
- 1994, c. 47, s. 42
- 2002, c. 19, s. 6
Marginal note:Annual report
41 The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report relating to the activities of the Tribunal for that fiscal year.
Marginal note:Tabling of report
42 The Minister shall cause a copy of each report submitted to the Minister pursuant to section 41 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.
Disclosure of Information
Definition of information
43 In sections 44 to 49, information includes evidence.
Marginal note:Information to be disclosed
44 Where information is provided to the Tribunal for the purposes of any proceedings before the Tribunal, every party to the proceedings has, unless the information is information to which subsection 45(1) applies, a right, on request, to examine the information during the normal business hours of the Tribunal and a right, on payment of the prescribed fee, to be provided with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied.
Marginal note:Information to be disclosed
44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a CUSMA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.
Marginal note:Definition of government
(2) For the purposes of subsection (1), government has the meaning assigned to the expression government of a CUSMA country by subsection 2(1) of the Special Import Measures Act.
- 1993, c. 44, s. 47
- 1994, c. 47, s. 43
- 2014, c. 20, s. 454
- 2020, c. 1, s. 148
Marginal note:Information not to be disclosed
45 (1) Where a person designates information as confidential pursuant to paragraph 46(1)(a) and that designation is not withdrawn by that person, no member and no person employed in the federal public administration who comes into possession of that information while holding that office or being so employed shall, either before or after ceasing to hold that office or being so employed, knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.
Marginal note:Disclosure of summary or statement
(2) Subsection (1) does not apply in respect of any non-confidential edited version or non-confidential summary of information or statement referred to in paragraph 46(1)(b).
Marginal note:Disclosure to counsel and experts
(3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the Tribunal in any proceedings before the Tribunal may be disclosed by the Tribunal to counsel for any party to those proceedings or to other proceedings arising out of those proceedings or to an expert, acting under the control or direction of that counsel, for use, notwithstanding any other Act or law, by that counsel or expert only in those proceedings, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by counsel or the expert to any person in any manner that is calculated or likely to make it available to
(a) any party to the proceedings or other proceedings, including a party who is represented by that counsel or on whose behalf the expert is acting; or
(b) any business competitor or rival of any person to whose business or affairs the information relates.
Marginal note:Disclosure to Tribunal’s experts
(3.1) Despite subsection (1), the Tribunal may disclose information to which that subsection applies to an expert engaged to advise or assist the Tribunal for use, despite any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to
(a) any party to the proceedings; or
(b) any business competitor or rival of any person to whose business or affairs the information relates.
Marginal note:Disclosure to persons described in subsection (5)
(3.2) For greater certainty, disclosure of information under subsection (3) or (3.1) to a person described in subsection (5) who is an employee of an institution of the Government of Canada that is a party to the proceedings or, in the case of subsection (3), other proceedings is not disclosure to a party to those proceedings for the purposes of subsection (3) or (3.1).
Definition of counsel
(4) In subsection (3), counsel, in relation to a party to proceedings, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party.
Marginal note:Persons who may be recognized as experts
(5) In subsections (3) and (3.1), “expert” includes any of the following persons whom the Tribunal recognizes as an expert:
(a) persons whose duties involve the carrying out of the Competition Act and who are referred to in section 25 of that Act, other than persons authorized by the Governor in Council to exercise the powers and perform the duties of the Director of Investigation and Research;
(b) in respect of the determination of damages and costs in procurement review proceedings, persons employed in the government institution involved in the procurement under review;
(b.1) persons engaged under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act to advise or assist the Tribunal; and
(c) any prescribed person.
(6) Every person commits an offence who
(a) uses information disclosed to the person by the Tribunal under subsection (3) or (3.1) for any purpose other than the purpose for which the information was disclosed under that subsection; or
(b) contravenes any condition imposed by the Tribunal under subsection (3) or (3.1).
(7) Every person who commits an offence under subsection (6) is guilty of
(a) an indictable offence and liable to a fine of not more than $1,000,000; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $100,000.
(8) No proceedings for an offence under subsection (6) shall be instituted without the consent in writing of the Attorney General of Canada.
Marginal note:Bar from appearing before Tribunal
(9) In addition to any punishment imposed under subsection (7), counsel or an expert who commits an offence under subsection (6) may be barred by the Tribunal from any further appearance before it in respect of any proceedings before the Tribunal for the period that the Tribunal considers appropriate.
- R.S., 1985, c. 47 (4th Supp.), s. 45
- 1994, c. 47, s. 44
- 1999, c. 12, s. 59
- 2003, c. 22, s. 224(E)
- 2014, c. 20, s. 455
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