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

Marginal note:Duties of Chairperson

7 The Chairperson has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,

• (a) the allocation of work among the members and the assignment of members to sit at, and to preside at, hearings of the Tribunal; and

• (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.

Marginal note:Absence, etc. — Chairperson

• 8 (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson shall act as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.

• Marginal note:Absence, etc. — Chairperson and Vice-chairperson

  (1.1) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson or to the office of Vice-chairperson being vacant, the Minister may authorize another permanent member to act as Chairperson, and that member may exercise all the powers and perform all the duties and functions of the Chairperson.

• Marginal note:Absence, etc. — Vice-chairperson

  (1.2) In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another permanent member to act as Vice-chairperson, and that member may exercise all the powers and perform all the duties and functions of the Vice-chairperson.

• Marginal note:Approval of Governor in Council

  (1.3) No permanent member may be authorized by the Minister to act under subsection (1.1) or (1.2) for a period exceeding 60 days without the approval of the Governor in Council.

• Marginal note:Absence, etc. — other members

  (2) In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairperson or Vice-chairperson, the Governor in Council may appoint a person, on any terms and conditions that the Governor in Council specifies, to act as a substitute member for the time being.

Marginal note:Acting after termination of appointment

• 9 (1) Subject to subsection (2), a person who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any duties or responsibilities that the person would otherwise have had if the person had not ceased to be a member and that are in connection with any matter in which that person became engaged while holding office as a member, and a person so authorized is, for that purpose, deemed to be a member of the Tribunal.

• Marginal note:Limitation period

  (2) No person who has ceased to be a member may, after the expiration of one hundred and twenty days after ceasing to be a member, take part in the disposition of any matter pursuant to the authority granted by the Chairperson under subsection (1).

• Marginal note:Where member is unable to act

  (3) Where a person to whom subsection (1) applies or any member has taken part in any matter and has died or for any reason is unable or unwilling to take part in the disposition of the matter, the remaining members, if any, who took part in the matter may, with the authorization of the Chairperson, make the disposition notwithstanding that the quorum of members required to dispose of the matter was lost as a result, and the remaining members where so authorized shall, for that purpose, be deemed to constitute a quorum.

Marginal note:Application of Public Service Superannuation Act to permanent members

• 10 (1) A permanent member shall be deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Application of Public Service Superannuation Act to temporary members

  (2) A temporary member or substitute member shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

• Marginal note:Order deemed not to be regulation

  (3) For greater certainty, an order made pursuant to subsection (2) shall be deemed not to be a regulation within the meaning and for the purposes of the Statutory Instruments Act.

Head Office, Sittings and Quorum

Marginal note:Head office

11 The head office of the Tribunal shall be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:Sittings

12 The Tribunal may sit at such times and places as it considers necessary or desirable for the proper conduct of its business.

Marginal note:Quorum, etc.

13 Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members constitute a quorum of the Tribunal and any three or more members have and may exercise all of the Tribunal’s powers and have and may perform all of the Tribunal’s duties and functions.

14 [Repealed, 2014, c. 20, s. 453]

15 [Repealed, 2014, c. 20, s. 453]

Powers, Duties and Functions

Marginal note:Duties and functions

16 The duties and functions of the Tribunal are to

• (a) conduct inquiries and report on matters referred to the Tribunal for inquiry by the Governor in Council or the Minister under this Act;

• (a.1) conduct mid-term reviews under section 19.02 and report on the reviews;

• (b) consider complaints and extension requests filed with the Tribunal under this Act by domestic producers of like or directly competitive goods or by trade unions whose members are engaged in the Canadian production of like or directly competitive goods and, if appropriate, conduct inquiries into the complaints and extension requests and report on them;

• (b.1) receive complaints, conduct inquiries and make determinations under sections 30.1 to 30.19;

• (c) hear, determine and deal with all appeals that, pursuant to any other Act of Parliament or regulations thereunder, may be made to the Tribunal, and all matters related thereto; and

• (d) exercise and perform such other duties or functions that, pursuant to any other Act of Parliament or regulations thereunder, shall or may be exercised or performed by the Tribunal.

Marginal note:Court of record

• 17 (1) The Tribunal is a court of record and shall have an official seal, which shall be judicially noticed.

• Marginal note:Powers

  (2) The Tribunal has, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

Inquiries and Reviews

References and Mid-Term Reviews

Marginal note:Inquiry into economic, trade or commercial matters

18 The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada with respect to any goods or services or any class thereof that the Governor in Council refers to the Tribunal for inquiry.

Marginal note:Inquiry into tariff-related matters

19 The Tribunal shall inquire into and report to the Minister on any tariff-related matter, including any matter concerning the international rights or obligations of Canada in connection therewith, that the Minister refers to the Tribunal for inquiry.

19.01 [Repealed, 2020, c. 1, s. 140]

Definition of principal cause

• 19.011 (1) In this section, principal cause means, in respect of a serious injury, an important cause that is no less important than any other cause of the serious injury.

• Marginal note:Emergency measures — Israel or another CIFTA beneficiary

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, where the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of principal cause

• 19.012 (1) In this section, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Chile

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Chile Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of principal cause

• 19.0121 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Colombia

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

• Marginal note:Notice of report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of principal cause

• 19.013 (1) In this section, principal cause means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Costa Rica

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Costa Rica Tariff, other than textile and apparel goods, are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

Definition of principal cause

• 19.0131 (1) In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• Marginal note:Emergency measures — Panama

  (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Panama Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• Marginal note:Terms of reference

  (3) The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• Marginal note:Tabling of report

  (4) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is so submitted.

• Marginal note:Notice of report

  (5) The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.