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

Marginal note:Decision — circumvention

• 75.1 (1) Subject to subsection 75(1), within 180 days after initiating an investigation under subsection 72(1), the President shall make a decision and shall

  • (a) cause written notice of the decision to be

    • (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and

    • (ii) published in the Canada Gazette;

  • (b) publish the reasons for the decision in the prescribed manner; and

  • (c) in the case of the President finding that there is circumvention, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.

• Marginal note:Circumvention

  (2) In making the decision under subsection (1), the President may only make a finding of circumvention if, on the available evidence, the President is satisfied that importation of some or all of the goods in question constitutes circumvention.

• Marginal note:Details of decision

  (3) A decision setting out a finding of circumvention must specify

  • (a) the goods to which it applies; and

  • (b) the exporters and the exporting countries to which it applies.

• Marginal note:Terms and conditions

  (4) A decision setting out a finding of circumvention may include any terms and conditions that the President considers appropriate.

Marginal note:Extension of time period

• 75.2 (1) The President may, at any time before the publication of the statement of essential facts and before the expiry of the 180-day period set out in subsection 75.1(1), extend the period set out in that subsection to 240 days, in prescribed circumstances.

• Marginal note:Notice of extension

  (2) The President shall cause written notice of any extension to be

  • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; and

  • (b) published in the Canada Gazette.

Marginal note:Tribunal

75.3 Without delay after a decision setting out a finding of circumvention is filed with the Tribunal under paragraph 75.1(1)(c), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.

Marginal note:Interim review

• 75.4 (1) The President may, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, conduct an interim review of

  • (a) a decision made under subsection 75.1(1) that sets out a finding of circumvention; or

  • (b) any aspect of a decision referred to in paragraph (a).

• Marginal note:Included decisions

  (2) For the purposes of subsection (1), a decision made under subsection 75.1(1) is deemed to include any decision relating to it that is made under subsection (6) or 75.6(5) prior to the initiation of a review under subsection (1).

• Marginal note:Limitation

  (3) The President shall not conduct an interim review at the request of any person or government or the Tribunal unless the person or government or the Tribunal satisfies the President that the review is warranted.

• Marginal note:Decision if interim review not initiated

  (4) If the President decides not to conduct an interim review at the request of a person or government, the President shall forward a copy of the decision and the reasons for it to that person or government.

• Marginal note:Initiation of interim review

  (5) If the President decides to conduct an interim review the President shall cause written notice of the decision to be

  • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers, and the person or government requesting the review, if any; and

  • (b) published in the Canada Gazette.

• Marginal note:Decision

  (6) On completion of an interim review, the President shall make a decision rescinding the decision under review or confirming it, with or without amendment, as the circumstances require, and shall give reasons for making the decision.

• Marginal note:Notice

  (7) On completion of an interim review, the President shall

  • (a) cause written notice of the decision made under subsection (6) to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person or government requesting the review, if any;

  • (b) cause the notice to be published in the Canada Gazette;

  • (c) publish the reasons for that decision in the prescribed manner; and

  • (d) if the decision requires the amendment of an order or finding of the Tribunal, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.

• Marginal note:Tribunal

  (8) Without delay after a decision is filed with the Tribunal under paragraph (7)(d), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.

Marginal note:Review of decision

• 75.5 (1) For the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5) to which that Court decision relates.

• Marginal note:Confirmation, amendment or revocation

  (2) The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the confirmation, amendment or revocation is deemed, except for the purposes of section 96.1, to be a decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5), as the case may be.

Marginal note:Request for exemption

• 75.6 (1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President determine whether the goods from that exporter may be exempt from the extension of duties if the exporter

  • (a) establishes that they are not associated with any exporter who was given notice of the circumvention investigation; and

  • (b) has not been

    • (i) given notice of the initiation of that investigation, or

    • (ii) requested to provide information during the course of that investigation.

• Marginal note:Form of request

  (2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.

• Marginal note:Review — circumvention

  (3) If the President receives a request under subsection (1) and he or she is satisfied that a review is warranted, the President shall initiate a review, on an expedited basis, in order to determine whether goods from that exporter may be exempt from the extension of duties.

• Marginal note:Notice

  (4) If a review is initiated under subsection (3), the President shall provide written notice to the importer, the exporter, the government of the exporting country and the domestic producers.

• Marginal note:Decision

  (5) Upon completion of the review, the President shall make a determination that the goods from the exporter are

  • (a) subject to the extension of duties if the President is satisfied that circumvention is occurring; or

  • (b) exempt from the extension of duties if the President is satisfied that no circumvention is occurring.

• Marginal note:Notice

  (6) Upon completion of the review, the President shall

  • (a) cause notice of the determination to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person requesting the review; and

  • (b) if the President makes a determination under paragraph (5)(b), cause to be filed with the Tribunal:

    • (i) written notice of the determination, stating the reasons for the determination, and

    • (ii) any other material that may be required under the rules of the Tribunal.

• Marginal note:Amendment — order or finding

  (7) Without delay after receipt of a notice under paragraph (6)(b), the Tribunal shall make an order amending the order or finding that is affected by the review in order to give effect to the President’s determination.

Marginal note:Termination of investigation or review

• 75.7 (1) The President may terminate any investigation initiated under subsection 72(1) or any review initiated under subsection 75.4(1) or 75.6(3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review.

• Marginal note:Notice of termination

  (2) The President shall cause written notice of the termination of an investigation or review under subsection (1) to be

  • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and

  • (b) published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72(1) or a review initiated under subsection 75.4(1).

Review of Orders and Findings

Judicial Review

Marginal note:Application for judicial review

76 Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Courts Act.

Review of Orders and Findings by Tribunal

Marginal note:Interim review of orders by Tribunal

• 76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of

  • (a) the order or finding; or

  • (b) any aspect of the order or finding.

• Marginal note:Exclusion

  (1.1) The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.1(1) or 75.4(6) to the President who shall make a decision relating to that portion of the request under section 75.4.

• Marginal note:Tribunal may re-hear any matter

  (2) In conducting an interim review, the Tribunal may re-hear any matter before deciding it.

• Marginal note:Limitation

  (3) The Tribunal shall not conduct an interim review at the request of any person or government unless the person or government satisfies the Tribunal that the review is warranted.

• Marginal note:Order if interim review not initiated

  (4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.

• Marginal note:Orders on completion of interim review

  (5) The Tribunal, on completion of an interim review

  • (a) under paragraph (1)(a), shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and shall give reasons for making the order; and

  • (b) under paragraph (1)(b), shall make any order in respect of the order or finding as the circumstances require, and shall give reasons for making the order.

• Marginal note:Completion of review

  (6) On completion of an interim review, the Tribunal shall

  • (a) forward to the President and any other persons and governments that are specified by the rules of the Tribunal,

    • (i) without delay after the review is completed, a copy of the order, and

    • (ii) not later than fifteen days after the date of the order, a copy of the reasons for the order; and

  • (b) cause notice of the order to be published in the Canada Gazette.

• Marginal note:Expiry of order

  (7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires on the day on which the Tribunal makes an order under subsection 76.03(12).

Review on Referral Back

Marginal note:Review of orders by Tribunal on referral back and re-hearing

• 76.02 (1) If the Tribunal receives notice of action taken under paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or finding of the Tribunal, other than an order or finding described in any of sections 3 to 6, applies, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

• Marginal note:Limitation

  (2) The Tribunal shall not conduct a review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.

• Marginal note:Review of orders by Tribunal on referral back and re-hearing

  (3) If an order or finding of the Tribunal is referred back to the Tribunal under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding and, in conducting the review, may re-hear any matter before deciding it.

• Marginal note:Completion of review

  (4) On completion of a review, the Tribunal shall confirm the order or finding or rescind it and make any other order or finding with respect to the goods to which the order or finding under review applies as the nature of the matter may require, shall give reasons for the decision and, if it makes another order or finding, shall declare to what goods, including, if applicable, from what supplier and from what country of export, the order or finding applies.

• Marginal note:Notice

  (5) On completion of a review, the Tribunal shall

  • (a) forward to the President and the other persons and governments that are specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary,

    • (i) without delay after the review is completed, a copy of the order or finding made under subsection (4), and

    • (ii) not later than fifteen days after the completion of the review, a copy of the reasons for the decision; and

  • (b) cause notice of the order or finding to be published in the Canada Gazette.