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

Marginal note:No investigation where subsidy notified

• 31.1 (1) Subject to subsections (2) and (3), the President may not initiate an investigation with respect to a subsidy that has been notified to the Committee, in accordance with Article 8.3 of the Subsidies Agreement, as being a non-actionable subsidy.

• Marginal note:Where determination that subsidy is actionable

  (2) Subject to subsection (3), the President may initiate an investigation with respect to a subsidy referred to in subsection (1) where there is a determination that the subsidy is not a non-actionable subsidy by

  • (a) the Committee, as the result of a review of the notification pursuant to a request under Article 8.4 of the Subsidies Agreement; or

  • (b) an arbitration body as a result of the submission to binding arbitration under Article 8.5 of the Subsidies Agreement of

    • (i) a determination by the Committee that the subsidy is a non-actionable subsidy, or

    • (ii) the failure of the Committee to make a determination pursuant to a request under Article 8.4 of the Subsidies Agreement.

• Marginal note:Where redetermination that subsidy is actionable

  (3) The President may initiate an investigation with respect to a subsidy that was determined, by the Committee or an arbitration body, to be a non-actionable subsidy where the Committee or an arbitration body makes a redetermination that the subsidy is no longer a non-actionable subsidy.

• Marginal note:Notification

  (4) The President shall without delay notify the Deputy Minister of Finance and the complainant if the President is of the opinion that

  • (a) a subsidy that was not notified to the Committee in accordance with Article 8.3 of the Subsidies Agreement is a non-actionable subsidy; or

  • (b) a subsidy that was determined by the Committee or an arbitration body to be a non-actionable subsidy may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be a non-actionable subsidy.

• Marginal note:Where Deputy Minister of Finance receives notification

  (5) The Deputy Minister of Finance shall, on receipt of notification under subsection (4), notify the Deputy Minister of International Trade and any other person who, in the opinion of the Deputy Minister of Finance, is interested, of the matters referred to in paragraphs (4)(a) and (b).

Marginal note:Where President receives a complaint

• 32 (1) Where the President receives a written complaint respecting the dumping or subsidizing of goods, he shall, within twenty-one days after the receipt thereof,

  • (a) if the complaint is properly documented, cause the complainant to be informed in writing that the complaint was received and that it is properly documented; or

  • (b) if the complaint is not properly documented, cause the complainant to be informed in writing that the complaint was received and indicate the information and material needed in order for the complaint to be properly documented.

• Marginal note:Notice of complaint

  (1.1) If the President receives a properly documented written complaint under subsection (1), the President shall cause the government of the country of export to be notified in writing that the complaint was received and that it is properly documented.

• Marginal note:Timing of notice

  (1.2) The notice shall be provided no later than

  • (a) in the case of a complaint respecting the dumping of goods, seven days before the day on which the President decides whether or not to cause an investigation to be initiated; and

  • (b) in the case of a complaint respecting the subsidizing of goods, 20 days before the day on which the President decides whether or not to cause an investigation to be initiated.

• Marginal note:Additional information and material

  (2) For the purposes of subsection (1), where the President receives from a complainant additional written information or material in relation to a complaint referred to in that subsection with respect to which he has at any time caused the complainant to be informed pursuant to paragraph (1)(b), the President shall, unless, before the receipt of the additional information or material, he has caused the complainant to be informed in writing pursuant to paragraph (1)(a) that the complaint is properly documented, be deemed to have received, on the day that he received the additional written information or material, a complaint respecting the dumping or subsidizing of goods composed of the complaint with respect to which he has caused the complainant to be so informed pursuant to paragraph (1)(b) and the additional information or material.

• Marginal note:Deemed complaint

  (3) If a written complaint filed with the Tribunal under subsection 23(1) of the Canadian International Trade Tribunal Act is referred to the President under subsection 26(4) or 28(1) of that Act, the President is deemed to have received a written complaint described in subsection (1).

Marginal note:Where President decides not to initiate investigation

• 33 (1) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall cause a written notice of the decision, setting out the reasons therefor, to be sent to the complainant and to the government of the country of export.

• Marginal note:Reference to Tribunal

  (2) Where, after receipt of a properly documented complaint respecting the dumping or subsidizing of goods, the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated by reason only that in the opinion of the President the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury,

  • (a) the President may, on the date of the notice referred to in subsection (1), or

  • (b) the complainant may, within thirty days after the date of the notice referred to in subsection (1),

  refer to the Tribunal the question whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods in respect of which the President has so decided has caused injury or retardation or is threatening to cause injury.

Marginal note:Notice of investigation

• 34 (1) If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods, the President shall

  • (a) in the case of an investigation initiated under any provision of this Act other than section 7, cause notice of the investigation

    • (i) to be given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any other prescribed persons, and

    • (ii) to be published in the Canada Gazette; and

  • (b) without delay provide the Tribunal with the information and material with respect to the matter that is required under the Tribunal’s rules.

• Marginal note:Tribunal to make preliminary inquiry

  (2) The Tribunal shall, without delay after receipt under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

Marginal note:Termination of investigation or inquiry

• 35 (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods that are the subject of the investigation,

  • (a) the President is satisfied in respect of some or all of those goods that the actual and potential volume of goods of a country or countries is negligible; or

  • (b) the Tribunal comes to the conclusion in respect of some or all of those goods that the evidence does not disclose a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

• Marginal note:Duty of President

  (2) The President shall

  • (a) cause the investigation to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and

  • (b) cause notice of the termination to be

    • (i) given to the Tribunal, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

    • (ii) published in the Canada Gazette.

• Marginal note:Duty of Tribunal

  (3) The Tribunal shall

  • (a) cause the preliminary inquiry to be terminated with respect to the goods in respect of which the President is so satisfied or the Tribunal has come to that conclusion; and

  • (b) cause notice of the termination to be

    • (i) given to the President, the exporter, the importer, the government of the country of export, the complainant, if any, and any prescribed persons, and

    • (ii) published in the Canada Gazette.

Marginal note:Termination of investigation — Chile

• 35.1 (1) Immediately after goods of Chile are exempted from the application of this Act in respect of dumping by regulations made under section 14,

  • (a) the President shall cause any investigation initiated under section 31 to be terminated to the extent that it relates to the dumping of those goods;

  • (b) the Tribunal shall cause any preliminary inquiry initiated under subsection 34(2) to be terminated to the extent that it relates to the dumping of those goods; and

  • (c) all related proceedings are terminated to the extent that they relate to the dumping of those goods.

• Marginal note:Notice of termination

  (2) The President or the Tribunal, as the case may be, shall cause notice of the termination

  • (a) to be given to the exporter, the importer, the Government of the Republic of Chile, the complainant, if any, and any other persons who may be prescribed; and

  • (b) to be published in the Canada Gazette.

36 [Repealed, 1999, c. 12, s. 19]

Marginal note:Tribunal to give advice

37 If a reference is made to the Tribunal under section 33 on any question in relation to any matter before the President,

• (a) the President shall forthwith provide the Tribunal with such information and material with respect to the matter as may be required under the rules of the Tribunal; and

• (b) the Tribunal shall render its advice on the question

  • (i) without holding any hearings thereon,

  • (ii) on the basis of the information that was before the President when he reached his decision or conclusion on that question, and

  • (iii) forthwith after the date on which the reference is made to it and, in any event, not later than thirty days after that date.