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

Act current to 2019-06-20 and last amended on 2018-12-30. Previous Versions

Complaints by Potential Suppliers (continued)

Marginal note:Comments and observations

  •  (1) The Tribunal may provide the deputy head of a government institution with its comments and observations on any matter that the Tribunal considers should be brought to the attention of the deputy head in connection with the procurement process.

  • Definition of deputy head

    (2) In subsection (1), deputy head means

    • (a) where the government institution is a department or ministry of state, the person having by law the status of deputy head; and

    • (b) where the government institution is any other body or an office, the chief executive officer of that body or the person holding that office.

  • 1993, c. 44, s. 44

Safeguard Measures in Respect of China

Marginal note:Definitions

 The following definitions apply in this section and in sections 30.21 to 30.25.

action

action means

  • (a) any action, including a provisional action, taken

    • (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or

    • (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or

  • (b) any combination of actions referred to in paragraph (a). (mesure)

market disruption

market disruption means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. (désorganisation du marché)

significant cause

significant cause means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. (cause importante)

WTO Member

WTO Member means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (membre de l’OMC)

  • 2002, c. 19, s. 4

Marginal note:Inquiry into market disruption and trade diversion

  •  (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to

    • (a) the importation of goods originating in the People’s Republic of China into Canada 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

    • (b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada

    that the Governor in Council refers to the Tribunal for inquiry.

  • 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:Tabling of report

    (3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section 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.

  • Marginal note:Notice of report

    (4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette.

  • 2002, c. 19, s. 4

Marginal note:Filing of complaint — market disruption

  •  (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People’s Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods 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.

  • 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 the goods originating in the People’s Republic of China that are the subject of the complaint 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;

    • (b) that the complaint 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; and

    • (c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

  • 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), the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods.

  • Marginal note:Other matters

    (7) The Tribunal shall, in the inquiry into the complaint, 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 ninety 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.

  • 2002, c. 19, s. 4
 
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