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

RELATED PROVISIONS

• — 2002, c. 8, s. 192

  • Special Import Measures Act

    192 Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

• — 2005, c. 38, s. 137

  • Application

    137 The provisions of the Special Import Measures Act, as enacted or amended by sections 132 to 136 and paragraph 145(2)(i) of this Act, apply to goods of a NAFTA country, as defined in subsection 2(1) of that Act.

• — 2014, c. 20, s. 444

  • Application

    444 The following provisions of the Act, as enacted or amended by sections 429 to 443, apply to goods of a NAFTA country, as defined in subsection 2(1) of the Act:

    • (a) subparagraph 34(1)(a)(i) and subsection 34(2);

    • (b) paragraph 35(2)(b);

    • (c) paragraph 38(3)(b);

    • (d) paragraphs 41(3)(b) and (4)(b);

    • (e) subsections 41.1(1) and (2);

    • (f) subsections 42(1) and (2);

    • (g) subsections 43(1) to (3);

    • (h) subsection 44(2);

    • (i) subsection 45(2);

    • (j) subsection 47(3);

    • (k) paragraphs 52(1)(e) and (1.1)(e);

    • (l) subsection 53(4);

    • (m) subsections 53.1(1) and (2);

    • (n) subsections 61(1) and (2);

    • (o) subsections 76.01(4) and (6);

    • (p) subsection 76.02(5);

    • (q) subsections 76.03(2), (5) and (6) and paragraph 76.03(7)(b);

    • (r) section 77.14;

    • (s) paragraph 90(c); and

    • (t) subparagraph 91(1)(d)(ii) and paragraphs 91(3)(b) and (c).

• — 2016, c. 7, s. 200

  • Application

    200 The provisions of the Special Import Measures Act, as enacted or amended by sections 192 to 199, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

• — 2017, c. 20, s. 99

  • Definitions

    99 The definitions in this section apply in this section and sections 100 and 101.

    commencement day

    commencement day means the day on which this section comes into force. (date de référence)

    former Act

    former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)

    new Act

    new Act means the Special Import Measures Act as it read on the commencement day. (nouvelle loi)

• — 2017, c. 20, s. 100

  • Disposition of notified complaints

    • 100 (1) Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, as defined in subsection 2(1) of the former Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act.

    • Goods subject to order made after commencement day

      (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the new Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in respect of those goods other than the following shall be disposed of in accordance with that Act:

      • (a) a judicial review or dispute settlement under Part I.1 or II of the new Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement;

      • (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day;

      • (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or

      • (d) a proceeding, process or action under section 45 of the new Act in relation to that order or finding.

    • Effect of order or finding

      (3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under that Act.

    • New Act does not justify review

      (4) For the purpose of subsection 76.01(3) of the new Act, the fact that this Act comes into force is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim review of an order or finding is warranted.

    • Determination — undertaking

      (5) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act.

    • Determination — deeming

      (6) A determination of a normal value, export price, amount of subsidy or margin of dumping made in relation to goods under the former Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Act.

    • Re-determination of normal value, etc.

      (7) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (6) shall be made in accordance with the new Act.

• — 2017, c. 20, s. 101

  • Application

    101 The provisions of the new Act, as enacted or amended by sections 68 to 98, apply to goods from a NAFTA country, as defined in subsection 2(1) of that 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.

• — 2022, c. 10, s. 207

  • Definitions

    • 207 (1) The following definitions apply in this section and sections 208 to 211.

      commencement day

      commencement day means the day on which this Act receives royal assent. (date de référence)

      former Act

      former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)

    • Words and expressions

      (2) Words and expressions used in sections 208 to 211 have the same meaning as in the Special Import Measures Act.

• — 2022, c. 10, s. 208

  • Disposition of complaints

    208 If, before the commencement day, the President receives a written complaint respecting the dumping or subsidizing of goods under subsection 31(1) of the former Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.

• — 2022, c. 10, s. 209

  • Anti-circumvention complaints

    209 If, before the commencement day, the President receives a written complaint under subsection 72(1) of the former Act respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7 of that Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.

• — 2022, c. 10, s. 210

  • Interim reviews — on request

    • 210 (1) If, before the commencement day, the Tribunal receives a request to conduct an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, any interim review is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.

    • Interim reviews — Tribunal’s initiative

      (2) If, before the commencement day, the Tribunal initiates, on its own initiative, an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, the interim review is to be continued and disposed of in accordance with that Act.

• — 2022, c. 10, s. 211

  • Expiry reviews

    211 If, before the commencement day, a notice of expiry respecting an order or finding has been published under subsection 76.03(2) of the former Act, any expiry review in respect of the order or finding is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.