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

Marginal note:When stay becomes effective

77.026 Where the Minister stays panel reviews and committee proceedings, the stay shall become effective

• (a) where the stay is made under section 77.024, on the day following the date on which the special committee made the affirmative finding; and

• (b) where the stay is made under section 77.025, on the day following the date on which the request for the stay was made.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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:

  • (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;

  • (b) modify or suspend the application of any federal law with respect to that country or to goods, service providers, suppliers, investors or investments of that country;

  • (c) extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and

  • (d) generally take such action as the Governor in Council considers necessary for that purpose.

• Marginal note:Period of order

  (3) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order.

• Marginal note:Definitions

  (4) In this section, federal law means the whole or any portion of any Act of Parliament or regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.

• Marginal note:Order not a statutory instrument

  (5) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Offence

Marginal note:Offence

• 77.034 (1) Every person commits an offence who contravenes or fails to comply with

  • (a) a disclosure undertaking under subsection 77.021(2);

  • (b) the rules respecting the disclosure and use of confidential, personal, business proprietary or other privileged or prescribed information; or

  • (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.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to a fine not exceeding one million dollars; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one hundred thousand dollars.

• Marginal note:Consent

  (3) No proceedings for an offence under this section shall be instituted without the consent in writing of the Attorney General of Canada.

Regulations

Marginal note:Regulations

77.035 The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations

• (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;

• (b) authorizing a designated officer, or an officer of a designated class of officers, employed in or occupying a position of responsibility in the service of Her Majesty to perform duties or functions of the Minister under this Part;

• (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

• (d) generally for carrying out the purposes and provisions of this Part.

Marginal note: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.

Application of Acts

Marginal note: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.

Marginal note:Suspension of Part II

77.038 The operation of Part II is suspended during the period in which this Part is in force.

PART IIDispute Settlement Respecting Goods of the United States

Interpretation

Marginal note:Definitions

• 77.1 (1) In this Part,

  American Secretary

  American Secretary means the secretary of the United States section of the Secretariat provided for by Article 1909 of the Free Trade Agreement; (secrétaire américain)

  appropriate authority

  appropriate authority, in relation to a definitive decision, means either the President or the Tribunal, according to which made the decision; (autorité compétente)

  committee

  committee means an extraordinary challenge committee appointed pursuant to section 77.18; (comité)

  definitive decision

  definitive decision means

  • (a) a decision of the President under paragraph 41(1)(a),

  • (b) a final determination of the President under paragraph 41(1)(b),

  • (c) an order or finding of the Tribunal under subsection 43(1),

  • (d) a decision of the President under subsection 53(1) to renew or not to renew an undertaking,

  • (e) a re-determination of the President under subsection 59(1),

  • (f) a re-determination of the President under subsection 59(3),

  • (f.1) a re-determination of the President under subsection 59(1.1),

  • (g) an order of the Tribunal under subsection 76.01(4),

  • (h) an order of the Tribunal under subsection 76.01(5) or 76.03(12),

  • (i) an order or finding of the Tribunal under subsection 76.02(4) respecting a review under subsection 76.02(1),

  • (i.1) an order or finding of the Tribunal under paragraph 76.1(2)(b) or (c), or

  • (j) an order or finding of the Tribunal under subsection 91(3)

  that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is 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; (décisions finales)

  Minister

  Minister means the Minister for International Trade; (ministre)

  panel

  panel means a panel appointed pursuant to section 77.13; (groupe spécial)

  rules

  rules means the rules of procedure, as amended from time to time, made pursuant to Chapter Nineteen of the Free Trade Agreement; (règles)

  Secretariat

  Secretariat means the Canadian Secretariat established by section 77.23. (Secrétariat)

• Marginal note:Inconsistency

  (2) In the event of any inconsistency between the provisions of this Part and the provisions of the Federal Courts Act, the provisions of this Part prevail to the extent of the inconsistency.