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

Marginal note:Statement of essential facts

• 74 (1) Subject to subsection (2), the President shall publish, in the prescribed manner, a statement of essential facts in respect of an investigation initiated under subsection 72(1) that includes

  • (a) the President’s preliminary assessment of whether the evidence discloses a reasonable indication of circumvention; and

  • (b) a summary of the facts the President relied on in making that preliminary assessment.

• Marginal note:Comments

  (2) Before making a decision under subsection 75.1(1), the President shall allow interested parties sufficient time to provide written comments on the statement of essential facts.

• Marginal note:Publication of statement

  (3) The President shall give notice of the publication of the statement of essential facts to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any.

Marginal note:Termination

• 75 (1) Despite section 74, the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.

• Marginal note:Factors

  (2) In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66(6).

• Marginal note:Notice of termination

  (3) If an investigation is terminated under subsection (1), the President shall

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

  • (b) publish notice of the termination in the Canada Gazette; and

  • (c) on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.

• Marginal note:Scope ruling

  (4) A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66(1).

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.