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Canadian International Trade Tribunal Act

Version of section 28 from 2005-12-12 to 2022-11-16:


Marginal note:Reference to President

  •  (1) Where, at any time during an inquiry into a complaint, 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 adjourn the inquiry, give notice thereof to the complainant and each other interested party and, by notice in writing, refer the complaint to the President for consideration under the Special Import Measures Act.

  • Marginal note:Resumption of inquiry

    (2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a complaint and refers the complaint to the President for consideration under the Special Import Measures Act, the Tribunal shall resume the inquiry 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 resume the inquiry

      • (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:Termination of inquiry

    (3) Where the Tribunal decides not to resume an inquiry pursuant to subsection (2) by reason that the conditions referred to in that subsection have not been met, the Tribunal shall terminate the inquiry and cause written notice of such termination to be given forthwith to the complainant and each other interested party.

  • R.S., 1985, c. 47 (4th Supp.), s. 28
  • 1994, c. 13, s. 7, c. 47, s. 46(F)
  • 1999, c. 12, s. 58, c. 17, ss. 114, 115
  • 2005, c. 38, s. 55
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