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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) 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 Peruvian goods

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Peru 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 Peru conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Peru are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

  • 2009, c. 16, s. 18

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 Colombian goods

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Colombia 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 Colombia conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Colombia are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

  • 2010, c. 4, s. 18

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 Honduras

    (2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from Honduras 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 Honduras conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Honduras are a principal cause of the serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

  • 2014, c. 14, s. 33

Definition of principal cause

  •  (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:Determination in respect of goods imported from Korea

    (2) Where, in an inquiry conducted under section 20 into goods imported from Korea that are specified by the Governor in Council, 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, in absolute terms, and under such conditions as to alone constitute 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 commenced under section 30.07 into goods imported from Korea conducted pursuant to an extension request, the Tribunal shall determine whether the goods imported from Korea are a principal cause of the serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods.

  • 2014, c. 28, s. 35

Marginal note:Interpretation

  •  (1) For the purposes of this section,

    Agreement

    Agreement has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act; (Accord)

    contribute importantly

    contribute importantly has the meaning given that expression by Article 1104 of the Agreement; (contribuer de manière importante)

    goods originating in the United States

    goods originating in the United States means imported goods that qualify under the regulations respecting the origin of goods made under the Customs Tariff, as those regulations apply to the United States, that are specified

    • (a) by the Governor in Council, in the case of a reference by the Governor in Council, or

    • (b) by the Tribunal, in the case of a written complaint filed under subsection 23(1). (marchandises originaires des États-Unis)

  • Marginal note:Interpretation

    (2) In interpreting the term “substantial” for the purposes of this section, regard shall be had to paragraph 1 of Article 1102 of the Agreement.

  • Marginal note:Determination in respect of U.S. goods

    (3) Where, in an inquiry conducted pursuant to section 20 or 26, the Tribunal finds that goods originating in the United States and goods of the same kind originating in 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 whether the quantity of such goods originating in the United States is substantial in comparison with the quantity of goods of the same kind originating in other countries and whether the goods originating in the United States contribute importantly to the serious injury or threat thereof.

  • 1988, c. 65, s. 53

Marginal note:Terms of reference

  •  (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.01 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

  • Marginal note:Determinations

    (2) In the case of an inquiry to which section 20.01 applies, the Tribunal shall include in its report any determination made pursuant to that section.

  • Marginal note:Tabling of report

    (3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.01 or 20 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

    (4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.01 or 20 to be published in the Canada Gazette.

  • 1993, c. 44, s. 38
  • 1994, c. 47, s. 35
 
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