Special Import Measures Act

Marginal note:No investigation where subsidy notified

• 31.1 (1) Subject to subsections (2) and (3), the Commissioner 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 Commissioner 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 Commissioner 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 Commissioner shall without delay notify the Deputy Minister of Finance and the complainant if the Commissioner 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).