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Special Import Measures Act (R.S.C., 1985, c. S-15)

Act current to 2020-06-17 and last amended on 2019-06-17. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2020, c. 1, s. 72

    • 1993, c. 44, s. 201(2)
      • 72 (1) The definitions government of a NAFTA country, NAFTA country and North American Free Trade Agreement in subsection 2(1) of the Special Import Measures Act are repealed.

      • 2010, c. 12, s. 1782

        (2) The definition Canadian Secretary in subsection 2(1) of the Act is replaced by the following:

        Canadian Secretary

        Canadian Secretary means

      • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

        Canada–United States–Mexico Agreement

        Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)

        CUSMA country

        CUSMA country means a country other than Canada that is a party to the Canada–United States–Mexico Agreement; (pays ACEUM)

        government of a CUSMA country

        government of a CUSMA country means a prescribed department, agency or other body of the government of a CUSMA country; (gouvernement d’un pays ACEUM)

  • — 2020, c. 1, s. 73

    • 1993, c. 44, s. 204

      73 The portion of subsection 9.01(1) of the Act before paragraph (a) is replaced by the following:

      • Duty ceases where order or finding rescinded pursuant to review
        • 9.01 (1) Where a review is requested under Part I.1 of an order or finding of the Tribunal pursuant to which duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act on goods of a CUSMA country imported into Canada that are of the same description as any goods to which the order or finding applies, duty continues, notwithstanding any order or decision that may be made or given in the course of proceedings under that Part, to be so payable pursuant to the order or finding on imported goods of that description during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the order or finding being rescinded or being rescinded in relation to particular goods, in which case

  • — 2020, c. 1, s. 74

    • 2017, c. 20, s. 72

      74 The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:

      • Duty ceases if investigation terminated after review
        • 9.21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a CUSMA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case

  • — 2020, c. 1, s. 75

    • 1993, c. 44, s. 209

      75 Subsection 43(1.01) of the Act is replaced by the following:

      • Separate order or finding

        (1.01) Where an inquiry referred to in section 42 involves any of the following goods, the Tribunal shall make a separate order or finding under subsection (1) with respect to the goods of each CUSMA country:

        • (a) goods of more than one CUSMA country; or

        • (b) goods of one or more CUSMA countries and goods of one or more other countries.

  • — 2020, c. 1, s. 76

    • 1993, c. 44, s. 212; 2005. c. 38, par. 136(b)(F)

      76 Paragraphs 56(1.01)(a) and (b) of the Act are replaced by the following:

      • (a) where a determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within ninety days after the making of the determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to a designated officer for a re-determination, if the importer has paid all duties owing on the goods; and

      • (b) where a determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer of the goods has paid all duties owing on the goods.

  • — 2020, c. 1, s. 77

    • 1993, c. 44, s. 214; 2005, c. 38, par. 134(z.12)

      77 Paragraphs 58(1.1)(a) and (b) of the Act are replaced by the following:

      • (a) where a determination or re-determination referred to in that subsection is made in respect of any goods, including goods of a CUSMA country, the importer of the goods may, within 90 days after the date of the determination or re-determination, make a written request in the prescribed form and manner and accompanied by the prescribed information to the President for a re-determination, if the importer has paid all duties owing on the goods; and

      • (b) where a determination or re-determination referred to in that subsection is made in respect of goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods may make a request as described in paragraph (a), whether or not the importer has paid all duties owing on the goods.

  • — 2020, c. 1, s. 78

    • 1993, c. 44, s. 215(2); 1999, c. 12, s. 34(5)(F); 2005, c. 38, par. 134(z.13)

      78 Subsections 59(3.1) and (3.2) of the Act are replaced by the following:

      • Notice of re-determination

        (3.1) The President shall cause notice of each re-determination under this section to be forwarded, by registered mail, to the importer and, where the imported goods are goods of a CUSMA country, to the government of that CUSMA country, to such persons as may be prescribed and, if the re-determination gives effect to a decision of a panel under Part I.1, to the Canadian Secretary.

      • Presumption

        (3.2) A notice sent to the government of a CUSMA country pursuant to subsection (3.1) shall be deemed, for the purposes of this Act, to have been received by that government 10 days after the day on which it was mailed.

  • — 2020, c. 1, s. 79

    • 2017, c. 20, s. 89
      • 79 (1) Paragraph 70(1)(b) of the Act is replaced by the following:

        • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

      • 2017, c. 20, s. 89

        (2) Paragraph 70(2)(b) of the Act is replaced by the following:

        • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

      • 2017, c. 20, s. 89

        (3) Paragraph 70(3)(b) of the Act is replaced by the following:

        • (b) when the goods are goods of a CUSMA country, the government of that CUSMA country or, if they are of that CUSMA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • — 2020, c. 1, s. 80

    • 1999, c. 12, s. 36

      80 Subsection 76.04(1) of the Act is replaced by the following:

      • Separate order or finding
        • 76.04 (1) If a review under section 76.01, 76.02 or 76.03 involves goods of more than one CUSMA country, or goods of one or more CUSMA countries and goods of one or more other countries, and the Tribunal makes another order or finding under any of those sections, the Tribunal shall make a separate order or finding under that section with respect to the goods of each CUSMA country.

  • — 2020, c. 1, s. 81

    • 1993, c. 44, s. 218

      81 The heading of Part I.1 of the Act is replaced by the following:

      Dispute Settlement Respecting Goods of a CUSMA Country

  • — 2020, c. 1, s. 82

    • 1993, c. 44, s. 218
      • 82 (1) The definition NAFTA country Secretary in subsection 77.01(1) of the English version of the Act is repealed.

      • 1993, c. 44, s. 218

        (2) The definition rules in subsection 77.01(1) of the Act is replaced by the following:

        rules

        rules means the rules of procedure, as amended from time to time, made under Section D of Chapter 10 of the Canada–United States–Mexico Agreement; (règles)

      • 1993, c. 44, s. 218

        (3) The definition secrétaire national in subsection 77.01(1) of the French version of the Act is replaced by the following:

        CUSMA country Secretary

        secrétaire national Le secrétaire d’une section nationale du Secrétariat visé à l’article 30.6 de l’Accord Canada–États-Unis–Mexique. (CUSMA country Secretary)

      • 1993, c. 44, s. 218; 2002, c. 8, s. 172

        (4) The portion of the definition definitive decision in subsection 77.01(1) of the Act before paragraph (a) is replaced by the following:

        definitive decisions

        definitive decisions means any of the following decisions, final determinations, orders, findings or re-determinations that apply to or are made in respect of particular goods of a CUSMA country, but does not include any of them that are made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods:

      • 2002, c. 8, s. 172

        (5) The portion of the definition definitive decision in subsection 77.01(1) of the English version of the Act after paragraph (j) is repealed.

      • (6) Subsection 77.01(1) of the English version of the Act is amended by adding the following in alphabetical order:

        CUSMA country Secretary

        CUSMA country Secretary means the secretary of the national Section of the Secretariat provided for in Article 30.6 of the Canada–United States–Mexico Agreement; (secrétaire national)

  • — 2020, c. 1, s. 83

    • 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10); 2005, c. 38, par. 135(b)(E)
      • 83 (1) Subsections 77.011(1) to (4) of the Act are replaced by the following:

        • Request for review of definitive decision
          • 77.011 (1) The Minister or the government of a CUSMA country, the goods of which are the subject of a definitive decision, may request, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, that the definitive decision, in so far as it applies to goods of that CUSMA country, be reviewed by a panel.

          • Idem

            (2) Any person who, but for section 77.012, would be entitled to apply under the Federal Courts Act or section 96.1 of this Act, or to appeal under section 61 of this Act, in respect of a definitive decision may, in accordance with paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement, file with the Canadian Secretary a request that the definitive decision be reviewed by a panel.

          • Deeming

            (3) A request made under subsection (2) shall be deemed to be a request by the Minister for binational panel review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.

          • Limitation period

            (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), within 30 days after the day on which notice of the re-determination is received by the government of a CUSMA country.

      • 1993, c. 44, s. 218

        (2) Subsection 77.011(6) of the Act is replaced by the following:

        • Notification of request for review

          (6) On receiving a request from the government of a CUSMA country under subsection (1) or on receiving a request under subsection (2), the Canadian Secretary shall notify the Minister and the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary.

  • — 2020, c. 1, s. 84

    • 1999, c. 12, s. 39; 2005, c. 38, par. 135(c)(E)
      • 84 (1) Subparagraph 77.012(1)(a)(ii) of the English version of the Act is replaced by the following:

        • (ii) in the case of a re-determination of the President under subsection 59(1), (1.1) or (3), the day on which notice of the re-determination is received by the government of a CUSMA country; and

      • 1999, c. 12, s. 39

        (2) Paragraph 77.012(1)(b) of the English version of the Act is replaced by the following:

        • (b) unless the person or government has, within 20 days after the day on which that period commences, given notice of the intention to make such an application or appeal in writing to the Canadian Secretary and the appropriate CUSMA country Secretary and in the prescribed manner to any other person who, but for this section, would be entitled to so apply or appeal.

      • 1999, c. 12, s. 39; 2002, c. 8, par. 182(1)(z.10)

        (3) Subsection 77.012(1) of the French version of the Act is replaced by the following:

        • Demandes et appels
          • 77.012 (1) Nul ne peut demander le redressement d’une décision finale en application de la Loi sur les Cours fédérales ou sa révision et son annulation en application de cette loi ou de l’article 96.1 de la présente loi, ni former l’appel visé à l’article 61 de la présente loi, avant expiration du délai de trente jours suivant la date de publication de la décision finale dans la Gazette du Canada, ou, dans le cas du réexamen visé au paragraphe 59(1), (1.1) ou (3), avant expiration du délai de trente jours suivant la date de réception de l’avis de réexamen par le gouvernement du pays ACEUM et notification de son intention, dans les vingt premiers jours de l’un ou l’autre de ces délais, selon le cas, adressée au secrétaire canadien et au secrétaire national du pays ACEUM et, de la manière réglementaire, à toute autre personne qui aurait droit, sans égard au présent article, de se prévaloir des mêmes recours.

      • 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

        (4) Subsection 77.012(2) of the English version of the Act is replaced by the following:

        • Limitation period extended

          (2) For the purpose of permitting a government or person to apply under the Federal Courts Act or section 96.1 of this Act in respect of a definitive decision after the expiration of the limitation period established by paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement for requesting a review of the decision, the limitation period referred to in subsection 18.1(2) of the Federal Courts Act and subsection 96.1(3) of this Act is extended by 10 days and shall be calculated as commencing on the day on which the limitation period established by that paragraph commences.

  • — 2020, c. 1, s. 85

    • 1993, c. 44, s. 218
      • 85 (1) Subsection 77.013(1) of the Act is replaced by the following:

        • Appointment of panel
          • 77.013 (1) On a request under section 77.011 for the review of a definitive decision by a panel, a panel shall be appointed for that purpose in accordance with paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

      • 2017, c. 20, s. 94

        (2) Subsection 77.013(3) of the Act is replaced by the following:

        • Single panel

          (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a CUSMA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that CUSMA country, be appointed to review the final determination and the order or finding.

  • — 2020, c. 1, s. 86

    • 1993, c. 44, s. 218
      • 86 (1) Subsection 77.015(1) of the Act is replaced by the following:

        • Conduct of review
          • 77.015 (1) A panel shall conduct a review of a definitive decision in accordance with Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules.

      • 1993, c. 44, s. 218

        (2) Subsection 77.015(5) of the Act is replaced by the following:

        • Decision

          (5) A decision of a panel shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the panel, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made pursuant to subsection (3) or (4) to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the review and shall cause notice of the decision to be published in the Canada Gazette.

  • — 2020, c. 1, s. 87

    • 1993, c. 44, s. 218

      87 Sections 77.017 and 77.018 of the Act are replaced by the following:

      • Request for extraordinary challenge proceeding
        • 77.017 (1) Within the period after a panel makes an order under subsection 77.015(3) or (4) prescribed by the rules, the Minister or the government of the CUSMA country to which the order relates may request, in writing to the Canadian Secretary, that an extraordinary challenge proceeding be commenced with respect to the order.

        • Ground for request

          (2) A request for an extraordinary challenge proceeding may be made only on a ground set forth in paragraph 13 of Article 10.12 of the Canada–United States–Mexico Agreement.

        • Notification of request for extraordinary challenge proceeding

          (3) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the appropriate CUSMA country Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the government of a CUSMA country, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.

      • Appointment of extraordinary challenge committee

        77.018 On a request under section 77.017 for an extraordinary challenge proceeding, an extraordinary challenge committee shall be appointed for that purpose in accordance with paragraph 1 of Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

  • — 2020, c. 1, s. 88

    • 1993, c. 44, s. 218
      • 88 (1) Subsection 77.019(1) of the Act is replaced by the following:

        • Conduct of extraordinary challenge proceeding
          • 77.019 (1) A committee shall conduct an extraordinary challenge proceeding and make a decision in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and the rules.

      • 1993, c. 44, s. 218

        (2) Subsection 77.019(6) of the Act is replaced by the following:

        • Decision

          (6) A decision of a committee shall be recorded in writing and shall include the reasons for the decision and any dissenting or concurring opinions of members of the committee, and the Canadian Secretary shall forward, by registered mail, a copy thereof and of the order made by the committee to the Minister, the government of the CUSMA country involved, the appropriate authority and any other person who was heard in the proceeding and shall cause notice of the decision to be published in the Canada Gazette.

  • — 2020, c. 1, s. 89

    • 1993, c. 44, s. 218

      89 Subsection 77.021(1) of the Act is replaced by the following:

      • Code of conduct
        • 77.021 (1) Every member of a panel, committee or special committee shall comply with the code of conduct, as amended from time to time, established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement.

  • — 2020, c. 1, s. 90

    • 1993, c. 44, s. 218

      90 Section 77.022 of the Act is replaced by the following:

      • Remuneration and expenses of panel members

        77.022 Every member of a panel shall be paid such remuneration and is entitled to such travel and living expenses incurred in the performance of the member’s duties under this Part as are fixed by the Free Trade Commission established pursuant to Article 30.1 of the Canada–United States–Mexico Agreement.

  • — 2020, c. 1, s. 91

    • 1993, c. 44, s. 218

      91 Section 77.023 of the Act is replaced by the following:

      • Request for review
        • 77.023 (1) A request for a review by a special committee may be made to the Canadian Secretary by the government of a CUSMA country only with respect to an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement.

        • Appointment of special committee

          (2) On a request for a review referred to in subsection (1), a special committee shall be appointed for that purpose in accordance with Annex 10-B.3 of the Canada–United States–Mexico Agreement and any regulations made in connection therewith.

  • — 2020, c. 1, s. 92

    • 1993, c. 44, s. 218

      92 Subsection 77.024(1) of the Act is replaced by the following:

      • Stay of panel reviews and committee proceedings
        • 77.024 (1) Subject to subsection (2), where a special committee makes an affirmative finding against a CUSMA country pursuant to a request made by Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the Minister shall stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country after the date on which consultations were requested under paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement:

          • (a) panel reviews under section 77.011; and

          • (b) committee proceedings under section 77.017.

  • — 2020, c. 1, s. 93

    • 1993, c. 44, s. 218

      93 Section 77.025 of the Act is replaced by the following:

      • Stay on request

        77.025 Where a special committee makes an affirmative finding against Canada pursuant to a request made by the government of a CUSMA country, the government of that CUSMA country may request that the Minister stay all of the following panel reviews and committee proceedings that were requested by the government or a person of that CUSMA country, and where such a request for a stay is made the Minister shall stay all such reviews and proceedings:

        • (a) panel reviews under section 77.011; and

        • (b) committee proceedings under section 77.017.

  • — 2020, c. 1, s. 94

    • 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

      94 Sections 77.027 and 77.028 of the Act are replaced by the following:

      • Suspension of time periods

        77.027 Where a special committee makes an affirmative finding against Canada or a CUSMA country pursuant to a request made by the government of a CUSMA country or Canada in respect of an allegation referred to in paragraph 1 of Article 10.13 of the Canada–United States–Mexico Agreement, the following time periods shall not run unless and until resumed in accordance with section 77.033:

        • (a) the time periods provided for in subsection 77.011(4) for requesting a panel review and in subsection 77.017(1) for requesting committee proceedings in respect of goods of that CUSMA country; and

        • (b) the time periods provided in the Federal Courts Act, and in section 61 and subsection 96.1(3) of this Act, for appealing, or for requesting judicial review of, any determination, re-determination, decision or order referred to in the definition definitive decision in subsection 77.01(1) in respect of goods of that CUSMA country.

      • Suspension of panel process
        • 77.028 (1) The Minister may suspend the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of a CUSMA country

          • (a) at any time after the expiration of 60 days, but not later than 90 days, following an affirmative finding against the CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement; and

          • (b) at any time where the government of the CUSMA country has suspended the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada following an affirmative finding by a special committee against Canada.

        • Notice of suspension

          (2) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under subsection (1) with respect to goods of a CUSMA country, the Canadian Secretary shall forward a written notice of the suspension to the CUSMA country Secretary of that CUSMA country and shall publish a notice of the suspension in the Canada Gazette.

  • — 2020, c. 1, s. 95

    • 1993, c. 44, s. 218
      • 95 (1) Subsection 77.029(1) of the Act is replaced by the following:

        • Suspension of benefits
          • 77.029 (1) The Governor in Council, on the recommendation of the Minister of Finance and the Minister, may, by order, at any time after the expiration of 60 days, but in no case later than 90 days, following an affirmative finding against a CUSMA country by a special committee requested by Canada under paragraph 2 of Article 10.13 of the Canada–United States–Mexico Agreement, suspend the application to that CUSMA country of such benefits under that Agreement as the Governor in Council considers appropriate in the circumstances.

      • 1993, c. 44, s. 218

        (2) The portion of subsection 77.029(2) of the English version of the Act before paragraph (a) is replaced by the following:

        • Powers

          (2) For the purpose of suspending the application to a CUSMA country of benefits under subsection (1), the Governor in Council may do any one or more of the following things:

      • 1993, c. 44, s. 218

        (3) Paragraph 77.029(2)(a) of the Act is replaced by the following:

        • (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Canada–United States–Mexico Agreement or an Act of Parliament;

      • 1993, c. 44, s. 218

        (4) Subsection 77.029(6) of the Act is replaced by the following:

        • Action consistent with determination

          (6) Whenever, after an order is made under subsection (1), the special committee referred to in that subsection makes a determination pursuant to paragraph 10(a) of Article 10.13 of the Canada–United States–Mexico Agreement, the Governor in Council shall take action consistent with that determination.

  • — 2020, c. 1, s. 96

    • 1993, c. 44, s. 218; 2002, c. 8, par. 182(1)(z.10)

      96 Sections 77.03 to 77.033 of the Act are replaced by the following:

      • Only one section applies

        77.03 Where the operation of Article 10.12 of the Canada–United States–Mexico Agreement is suspended under section 77.028 in respect of a CUSMA country, benefits under paragraph 2 of Article 10.13 of that Agreement may not be suspended under section 77.029 in respect of that CUSMA country, and if benefits under paragraph 2 of Article 10.13 of that Agreement are suspended under section 77.029 in respect of a CUSMA country, the operation of Article 10.12 of that Agreement may not be suspended under section 77.028 in respect of that CUSMA country.

      • Referral to Federal Court of Appeal
        • 77.031 (1) Where the Minister suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement under paragraph 77.028(1)(a) and

          • (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

          • (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the CUSMA country, or any party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

        • Idem

          (2) Where the government of a CUSMA country suspends the operation of Article 10.12 of the Canada–United States–Mexico Agreement with respect to goods of Canada under paragraph 8 of Article 10.13 of that Agreement and

          • (a) where any panel review is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed panel review may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

          • (b) where any committee proceeding is stayed under section 77.025, the government of the CUSMA country, or persons of that CUSMA country who were party to the stayed committee proceeding may, within 30 days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

        • Idem

          (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 10.12 of the Canada–United States–Mexico Agreement is terminated pursuant to section 77.032.

      • Termination of suspension

        77.032 The Minister shall terminate any suspension effected under subsection 77.028(1) if a special committee reconvened pursuant to paragraph 10 of Article 10.13 of the Canada–United States–Mexico Agreement determines that the problems in respect of which the special committee’s affirmative finding was based have been corrected.

      • Resumption

        77.033 All panel reviews and committee proceedings stayed under subsection 77.024(1) or section 77.025 and any running of the time periods suspended under section 77.027 shall resume

        • (a) where the operation of Article 10.12 of the Canada–United States–Mexico Agreement is not suspended under paragraph 77.028(1)(a), on the expiration of 90 days after the date on which an affirmative finding was made or on such earlier day as the Minister may specify; or

        • (b) where benefits are suspended under section 77.029.

  • — 2020, c. 1, s. 97

    • 1993, c. 44, s. 218

      97 Paragraph 77.034(1)(c) of the Act is replaced by the following:

      • (c) a disclosure order or protective order covering personal, business proprietary or other privileged or prescribed information made under the law of any CUSMA country giving effect to the Canada–United States–Mexico Agreement.

  • — 2020, c. 1, s. 98

    • 1993, c. 44, s. 218
      • 98 (1) Paragraph 77.035(a) of the Act is replaced by the following:

        • (a) conferring on a panel, committee or special committee such powers, rights and privileges as the Governor in Council deems necessary for giving effect to Section D of Chapter 10 of the Canada–United States–Mexico Agreement and the rules, including powers, rights and privileges of a superior court of record;

      • 1993, c. 44, s. 218

        (2) Paragraph 77.035(c) of the Act is replaced by the following:

        • (c) for carrying out and giving effect to paragraphs 1 to 4 of Annex 10-B.1 of the Canada–United States–Mexico Agreement and paragraph 1 of Annex 10-B.3 of that Agreement: and

  • — 2020, c. 1, s. 99

    • 1993, c. 44, s. 218

      99 Section 77.036 of the Act is replaced by the following:

      • Publication in Canada Gazette

        77.036 The rules, the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement and any amendments made to the rules or code shall be published in the Canada Gazette.

  • — 2020, c. 1, s. 100

    • 1993, c. 44, s. 218

      100 Section 77.037 of the Act is replaced by the following:

      • Application

        77.037 If one of the following provisions comes into force after the coming into force of this section, then that provision shall not be applied in respect of goods of a CUSMA country unless an Act of Parliament expressly declares that the provision applies in respect of goods of that CUSMA country:

        • (a) a provision of an Act to amend this Act;

        • (b) a provision of any other Act of Parliament respecting the imposition of anti-dumping or countervailing duties; or

        • (c) a provision that amends a provision of an Act of Parliament providing for judicial review of a definitive decision or setting forth the grounds for such a review.

  • — 2020, c. 1, s. 101

    • 1993, c. 44, s. 219; 2005, c. 38, par. 134(z.28)

      101 Section 83.1 of the Act is replaced by the following:

      • Information to be disclosed

        83.1 Where information is provided to the President for the purposes of any proceedings under this Act in respect of goods of a CUSMA country, the President shall, on receipt of a request from the government of that CUSMA country, provide that government with copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies.

  • — 2020, c. 1, s. 102

    • 1993, c. 44, s. 221; 2002, c. 8. par. 182(1)(z.10); 2005, c. 38, par. 134(z.37)

      102 Subsection 96.11(1) of the Act is replaced by the following:

      • No references
        • 96.11 (1) Subsection 18.3(1) of the Federal Courts Act does not apply to the President or the Tribunal in respect of proceedings under this Act relating to goods of a CUSMA country.

  • — 2020, c. 1, s. 103

    • 1993, c. 44, s. 222; 1999, c. 12, art. 48(F)

      103 Subsections 96.21(1) to (5) of the Act are replaced by the following:

      • Request for review of final determination
        • 96.21 (1) The Minister for International Trade may, in the manner provided for by the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, request that a final determination be reviewed by a panel established under that law.

        • Idem

          (2) Any person who, but for the law of a CUSMA country giving effect to the Canada–United States–Mexico Agreement, would be entitled under the law of that CUSMA country to commence domestic proceedings for judicial review of a final determination may file with the Canadian Secretary a request that the final determination be reviewed by a panel established under that law.

        • Deeming

          (3) A request under subsection (2) shall be deemed to be a request by the Minister for binational review within the meaning of paragraph 4 of Article 10.12 of the Canada–United States–Mexico Agreement.

        • Limitation period

          (4) A request under subsection (1) or (2) may only be made within 30 days after the day on which notice of the final determination is published in the official publication of the CUSMA country, or, in the case of a final determination of which notice is not so published, within 30 days after the day on which notice of the final determination is received by the Minister.

        • Definition of final determination

          (5) In this section, final determination means a final determination as defined in Article 10.8 of the Canada–United States–Mexico Agreement.

  • — 2020, c. 1, s. 104

    • 1993, c. 44, s. 223(1)
      • 104 (1) Paragraph 97(1)(g.11) of the Act is replaced by the following:

        • (g.11) deeming a government in Canada or in a CUSMA country to be a person who is entitled to make a request to the Canadian Secretary under subsection 77.011(2);

      • 1993, c. 44, s. 223(2)

        (2) Paragraphs 97(1)(g.21) and (g.22) of the Act are replaced by the following:

        • (g.21) defining the expression goods of a CUSMA country for the purpose of this Act;

        • (g.22) determining, in respect of each CUSMA country, which publication shall be deemed to be the official publication of that country for the purpose of this Act;

  • — 2020, c. 1, s. 105

    • Definition of commencement day

      105 In sections 106 and 107, commencement day means the day fixed under subsection 213(1).

  • — 2020, c. 1, s. 106

    • Pending proceedings

      106 Proceedings that are pending under the Special Import Measures Act immediately before the commencement day and that are in relation to goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before that day, are continued under that Act as it reads on that day and the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on that day.

  • — 2020, c. 1, s. 107

    • New proceedings

      107 If proceedings under the Special Import Measures Act are commenced on or after the commencement day in respect of goods that were imported before the commencement day and that were, on the day on which they were imported, goods of a NAFTA country, as that expression is defined in subsection 2(1) of that Act as it read immediately before the commencement day, the proceedings are deemed to be in relation to goods of a CUSMA country, as that expression is defined in subsection 2(1) of that Act as it reads on the commencement day.

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