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

Act current to 2019-08-15 and last amended on 2019-06-21. Previous Versions

Inquiries and Reviews (continued)

Complaints by Domestic Producers (continued)

Marginal note:Request for additional information

  •  (1) The Tribunal may, within twenty-one days after the date of receipt of a complaint, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.

  • Marginal note:Further requests

    (2) Where the Tribunal receives additional information in relation to a complaint pursuant to a request made under subsection (1) or this subsection, the Tribunal may, within twenty-one days after the date of receipt of the additional information, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.

Marginal note:Tribunal shall determine if complaint is properly documented

  •  (1) The Tribunal shall, within twenty-one days after the date of receipt of a complaint or, where the Tribunal has requested the complainant to provide additional information pursuant to subsection 24(1) or (2), within twenty-one days after the receipt of the additional information requested, determine whether the complaint is properly documented.

  • Marginal note:Notice of decision

    (2) Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwith

    • (a) notify the complainant in writing that the complaint is properly documented;

    • (b) notify each other interested party in writing of the receipt of the complaint and that the complaint is properly documented; and

    • (c) in the case of a complaint filed under subsection 23(1.03), (1.06), (1.08), (1.083), (1.09), (1.091), (1.092) or (1.096), send to the Minister a copy of the complaint and the information examined by the Tribunal in making its determination.

  • Marginal note:Idem

    (3) Where the Tribunal determines under subsection (1) that a complaint is not properly documented, it shall forthwith notify the complainant in writing that the complaint is not properly documented and of its reasons for so concluding.

  • R.S., 1985, c. 47 (4th Supp.), s. 25
  • 1993, c. 44, s. 41
  • 1997, c. 14, s. 25
  • 2001, c. 28, s. 23
  • 2009, c. 6, s. 20
  • 2014, c. 14, s. 36
  • 2018, c. 23, s. 35

Marginal note:Tribunal shall commence inquiry

  •  (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfied

    • (a) that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that

      • (i) in the case of a complaint filed under subsection 23(1), the goods that are the subject of the complaint are being imported in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods,

      • (i.1) in the case of a complaint filed under subsection 23(1.01), the 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 of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury to domestic producers of like or directly competitive goods,

      • (i.2) in the case of a complaint filed under subsection 23(1.02), the goods that are entitled to the Mexico Tariff, or the Mexico–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 of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

      • (i.3) in the case of a complaint filed under subsection 23(1.03), the textile and apparel goods that are entitled to the United States Tariff, or the Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

      • (i.4) in the case of a complaint filed under subsection 23(1.04), the goods that are entitled to 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 cause of serious injury to domestic producers of like or directly competitive goods,

      • (i.5) in the case of a complaint filed under subsection 23(1.05), the goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

      • (i.6) in the case of a complaint filed under subsection 23(1.06), the textile and apparel goods that are entitled to the Chile Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

      • (i.61) in the case of a complaint filed under subsection 23(1.061), the goods that are entitled to 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 cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.7) in the case of a complaint filed under subsection 23(1.07), the goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods,

      • (i.8) in the case of a complaint filed under subsection 23(1.08), the textile and apparel goods that are entitled to the Costa Rica Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

      • (i.81) in the case of a complaint filed under subsection 23(1.081), the goods that are entitled to 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 cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.82) in the case of a complaint filed under subsection 23(1.082), the goods that are entitled to a CPTPP tariff, taken individually for each CPTPP country concerned, are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a cause, when considered collectively, of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.83) in the case of a complaint filed under subsection 23(1.083), the textile and apparel goods that are entitled to a CPTPP tariff are as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

      • (i.9) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.91) in the case of a complaint filed under subsection 23(1.091), the goods that are entitled to the Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.92) in the case of a complaint filed under subsection 23(1.092), the goods that are entitled to the Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.93) in the case of a complaint filed under subsection 23(1.093), the goods that are entitled to the Peru 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 cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.94) in the case of a complaint filed under subsection 23(1.094), the goods that are entitled to the Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities in absolute terms and under such conditions as to alone constitute a cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods,

      • (i.95) in the case of a complaint filed under subsection 23(1.095), the goods that are entitled to the Honduras 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, or threat thereof, to domestic producers of like or directly competitive goods,

      • (i.96) in the case of a complaint filed under subsection 23(1.096), the textile and apparel goods that are entitled to the Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the market in Canada for the goods, and under such conditions as to alone cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods,

      • (i.97) in the case of a complaint filed under subsection 23(1.097), the goods that are entitled to the Korea Tariff are, as a result of that entitlement, 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,

      • (i.98) in the case of a complaint filed under subsection 23(1.098), the goods that are entitled to the Ukraine 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 cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, or

      • (ii) in the case of a complaint filed under subsection 23(1.1), the 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 cause of serious injury to domestic producers of like or directly competitive goods;

    • (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods; and

    • (c) where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to like or directly competitive goods has been completed or terminated by the Tribunal under this Act during the twenty-four month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry.

  • Marginal note:Notice of decision

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

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

  • Marginal note:Copies to Minister

    (2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister under subsection 25(2).

  • Marginal note:Idem

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

    • (a) notify the complainant 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 complainant, 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:Evidence of dumping or subsidizing

    (4) Where, before commencing an inquiry into a complaint under subsection (1), the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act, the Tribunal shall forthwith

    • (a) by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act; and

    • (b) notify the complainant and each other interested party in writing that the complaint has been so referred to the President.

  • Marginal note:Inquiry only in case of dumping

    (5) The Tribunal may commence an inquiry under subsection (1) into a complaint that pursuant to subsection (4) is referred to the President for consideration under the Special Import Measures Act only if

    • (a) the President does not initiate an investigation under that Act respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the investigation under section 35 or 41 of that Act; and

    • (b) the complainant applies to the Tribunal to commence an inquiry under subsection (1)

      • (i) in the case where the President does not initiate such an investigation, within thirty days after the date of the notice sent to the complainant pursuant to subsection 33(1) of that Act advising the complainant of the President’s decision or, where the President or complainant refers to the Tribunal the question mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or

      • (ii) in the case where the President initiates such an investigation but terminates the investigation under section 35 or 41 of that Act, within thirty days after the date of the notice sent to the complainant under section 35 or 41 of that Act advising the complainant of the termination of the investigation.

  • Marginal note:Extension of time

    (6) The Tribunal shall, within thirty days after the date of receipt of an application made under subsection (5), decide whether to commence an inquiry into the complaint under subsection (1) and it may commence an inquiry notwithstanding that the thirty day period referred to in that subsection has expired.

  • Marginal note:Time limit on inquiry

    (7) If subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order under subsection 5(3) of that Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than 180 days before the end of the period.

  • R.S., 1985, c. 47 (4th Supp.), s. 26
  • 1988, c. 65, s. 57
  • 1993, c. 44, s. 42
  • 1994, c. 13, s. 7, c. 47, ss. 36, 46(F), 47(F)
  • 1996, c. 33, s. 22
  • 1997, c. 14, s. 26, c. 36, s. 197
  • 1999, c. 12, s. 57, c. 17, ss. 114, 115
  • 2001, c. 28, s. 24
  • 2002, c. 19, s. 1
  • 2005, c. 38, s. 55
  • 2009, c. 6, s. 21, c. 16, ss. 21, 56
  • 2010, c. 4, s. 21
  • 2012, c. 18, s. 20, c. 26, s. 21
  • 2014, c. 14, s. 37, c. 28, s. 38
  • 2017, c. 8, s. 31
  • 2018, c. 23, s. 36
  • 2019, c. 22, s. 2
 
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