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

Act current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

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.

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