Procedural Matters (continued)
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
(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).
(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 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
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
(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 NAFTA 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
- 1993, c. 44, s. 47
- 1994, c. 47, s. 43
- 2014, c. 20, s. 454
- Date modified: