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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

Inquiries and Reviews (continued)

References and Mid-Term Reviews (continued)

Definition of principal cause

  •  (1) For the purposes of this section and section 20.1, 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:Inquiry into United States tariff matters

    (2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction or elimination of that tariff, 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, if the Governor in Council, on the recommendation of the Minister of Finance, refers the question to it for inquiry and report.

  • 1988, c. 65, s. 52
  • 1997, c. 36, s. 195

Marginal note:Inquiry into injury matters

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

  • (a) the importation of goods into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury or threat thereof to domestic producers of like or directly competitive goods, or

  • (b) the provision, by persons normally resident outside Canada, of services in Canada that may cause or threaten injury to, or that may retard, the provision of any services in Canada by persons normally resident in Canada

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

  • R.S., 1985, c. 47 (4th Supp.), s. 20
  • 1994, c. 47, ss. 33, 46(F)

Definition of contribute importantly

  •  (1) In this section, contribute importantly has the meaning given those words by Article 805 of the Agreement.

  • Marginal note:Determination in respect of NAFTA country goods

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a NAFTA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

    • (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the specified imported goods, alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to the serious injury or threat thereof.

  • Marginal note:Idem

    (2.1) In an inquiry under section 30.07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA country

    • (a) whether the quantity of the goods imported from the NAFTA country accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the goods imported from the NAFTA country alone or, in exceptional circumstances, together with the goods of the same kind imported from each other NAFTA country, contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

  • Marginal note:Considerations

    (3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement.

  • 1993, c. 44, s. 37
  • 1994, c. 47, ss. 34, 46(F)

Marginal note:Determination in respect of goods of Israel or another CIFTA beneficiary

  •  (1) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Israel or another CIFTA beneficiary that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

    • (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the specified imported goods contribute importantly to the serious injury or threat thereof.

  • Marginal note:Determinations

    (2) In the case of an inquiry to which subsection (1) applies, the Tribunal shall include in its report any determinations made pursuant to that subsection.

  • Marginal note:Inquiry under section 30.07

    (3) In an inquiry under section 30.07 into goods imported from Israel or another CIFTA beneficiary conducted pursuant to an extension request, the Tribunal shall determine

    • (a) whether the quantity of the goods accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the goods contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

  • Marginal note:Considerations

    (4) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 4.6 of CIFTA.

  • 1996, c. 33, s. 19

Definition of contribute importantly

  •  (1) In this section, contribute importantly has the meaning given those words by Article F-05 of the CCFTA.

  • Marginal note:Determination in respect of Chilean goods

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Chile that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

    • (a) whether the quantity of the specified imported goods accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the specified imported goods contribute importantly to the serious injury or threat thereof.

  • Marginal note:Determinations

    (3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

  • Marginal note:Determination where an extension request

    (4) In an inquiry under section 30.07 into goods imported from Chile conducted pursuant to an extension request, the Tribunal shall determine

    • (a) whether the quantity of the goods accounts for a substantial share of total imports of goods of the same kind; and

    • (b) whether the goods contribute importantly to serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

  • Marginal note:Considerations

    (5) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article F-02 of the CCFTA.

  • 1997, c. 14, s. 22

Definition of principal cause

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

  • Marginal note:Determination in respect of goods imported from Panama

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Panama that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the specified imported goods are a principal cause of the serious injury or threat of serious injury.

  • Marginal note:Determinations

    (3) In the case of an inquiry to which subsection (2) applies, the Tribunal shall include in its report any determinations made under that subsection.

  • Marginal note:Inquiry under section 30.07

    (4) In an inquiry under section 30.07 into goods imported from Panama conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Panama are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

  • 2012, c. 26, s. 18
 
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