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

Extension Inquiries

Definition of extension request

30.02 In sections 30.03 to 30.09, extension request means a written request filed with the Tribunal under section 30.04.

Marginal note:Notice of expiring orders

• 30.03 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 55(1), section 60, subsection 63(1), 74(1) or (2), 76(1) or 77(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act, but no notice shall be published if

  • (a) the order is repealed or ceases to have effect under subsection 56(1) or (2), 59(2) or 63(5) or section 64 of the Customs Tariff or is revoked under subsection 5(4.4) of the Export and Import Permits Act before the end of the effective period specified in the order;

  • (b) the total of the effective period specified in the order and any periods during which the goods were subject to any related orders made under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act is eight years;

  • (c) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 74(1) or (2) of the Customs Tariff is four years;

  • (d) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 76(1) of the Customs Tariff is, in the case of motor vehicles of heading No. 87.03 imported from Japan, five years or in the case of any other goods, three years; or

  • (e) the total of the effective period specified in the order and any periods during which the goods were subject to a surtax imposed by an order made under subsection 77(1) of the Customs Tariff is four years.

• Marginal note:Manner and contents of publication

  (2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

Marginal note:Filing of request relating to extension orders

• 30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 63(1), 74(7), 76(3) or 77(3) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

• Marginal note:Requests — trade unions

  (1.1) An extension request may also be filed by a trade union whose members are engaged in the Canadian production of the like or directly competitive goods.

• Marginal note:Time limit for filing extension request

  (2) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection 30.03(2).

• Marginal note:Receipt to be acknowledged

  (3) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

Marginal note:Contents of extension request

• 30.05 (1) An extension request shall

  • (a) state in reasonable detail the facts on which it is based;

  • (b) in the case of an extension request filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;

  • (b.1) in the case of an extension request filed by a trade union,

    • (i) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and

    • (ii) provide evidence that one or more domestic producers of the like or directly competitive goods support the request and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and

  • (c) make any other representations that the requester considers relevant to the matter.

• Marginal note:Accompanying information

  (2) An extension request shall be accompanied by

  • (a) such information as is available to the requester to prove the facts referred to in paragraph (1)(a) and to substantiate the estimates referred to in paragraph (1)(b) or (b.1); and

  • (b) such other information as may be required by the rules.

Marginal note:Request for additional information

• 30.06 (1) Within twenty-one days after receiving an extension request, the Tribunal may, by notice in writing, ask the requester to provide such additional information as the Tribunal considers necessary for the request to be properly documented.

• Marginal note:Tribunal shall determine if complaint is properly documented

  (2) The Tribunal shall determine whether an extension request is properly documented within twenty-one days after receiving the request or, where the Tribunal has asked the requester to provide additional information pursuant to subsection (1), within twenty-one days after receiving the additional information.

• Marginal note:Notice where request properly documented

  (3) Where the Tribunal determines that an extension request is properly documented, it shall forthwith

  • (a) notify the requester in writing that the request is properly documented; and

  • (b) notify each other interested party in writing that it has received the request and that the request is properly documented.

• Marginal note:Notice where request not properly documented

  (4) Where the Tribunal determines that an extension request is not properly documented, it shall forthwith notify the requester in writing that the request is not properly documented and of its reasons for so concluding.

Marginal note:Inquiries into extension requests

• 30.07 (1) The Tribunal shall commence an inquiry into an extension request within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied

  • (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

  • (b) that the extension request is made by or on behalf of, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

• Marginal note:Notice of decision

  (2) Where the Tribunal decides to commence an inquiry into an extension request under subsection (1), it shall forthwith

  • (a) notify the requester and each other interested party in writing of its decision, of the reasons for its decision 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 request and the information accompanying the request and a copy of any other relevant information examined by the Tribunal in relation to the request.

• Marginal note:Idem

  (3) Where the Tribunal decides not to commence an inquiry into an extension request under subsection (1), it shall forthwith

  • (a) notify the requester and each other interested party in writing of its decision and 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 requester, 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:Continuing necessity of order

• 30.08 (1) The Tribunal shall, in an inquiry into an extension request, determine whether

  • (a) an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods; and

  • (b) there is evidence that the domestic producers of like or directly competitive goods are adjusting, as determined in accordance with any regulations made under paragraph 40(b).

• Marginal note:Other matters

  (2) The Tribunal shall, in an inquiry into an extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

Marginal note:Report on extension inquiry

• 30.09 (1) Not later than forty-five days before the expiration date of the order to which an inquiry under subsection 30.07(1) relates, the Tribunal shall prepare a report on the inquiry and submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

• Marginal note:Notice of report

  (2) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice of the report

  • (a) to be given to each other interested party; and

  • (b) to be published in the Canada Gazette.

• Marginal note:Tabling of report in certain cases

  (3) Where, pursuant to subsection 30.08(2), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into an extension request, 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.

Complaints by Potential Suppliers

Marginal note:Definitions

30.1 In this section and in sections 30.11 to 30.19,

complaint

complaint means a complaint filed with the Tribunal under subsection 30.11(1); (plainte)

designated contract

designated contract means a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations; (contrat spécifique)

government institution

government institution means any department or ministry of state of the Government of Canada, or any other body or office, that is designated by the regulations; (institution fédérale)

interested party

interested party means a potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint; (intéressée)

potential supplier

potential supplier means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract. (fournisseur potentiel)

Marginal note:Filing of complaint

• 30.11 (1) Subject to the regulations, a potential supplier may file a complaint with the Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint.

• Marginal note:Contents of complaint

  (2) A complaint must

  • (a) be in writing;

  • (b) identify the complainant, the designated contract concerned and the government institution that awarded or proposed to award the contract;

  • (c) contain a clear and detailed statement of the substantive and factual grounds of the complaint;

  • (d) state the form of relief requested;

  • (e) set out the address of the complainant to which notices and other communications respecting the complaint may be sent;

  • (f) include all information and documents relevant to the complaint that are in the complainant’s possession;

  • (g) be accompanied by any additional information and documents required by the rules; and

  • (h) be accompanied by the fees required by the regulations.

• Marginal note:Chairperson may assign member

  (3) The Chairperson may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal’s powers, and has and may perform all of the Tribunal’s duties and functions, in relation to the complaint.

Marginal note:Notice of receipt

• 30.12 (1) The Tribunal shall notify the complainant in writing of the receipt of the complaint.

• Marginal note:Notice of deficiency

  (2) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2), it shall notify the complainant in writing and specify the deficiencies to be corrected, the corrective action required and the period within which the action must be taken.

• Marginal note:Notice of compliance

  (3) Where the Tribunal determines that a complaint complies with subsection 30.11(2), it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.