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Special Import Measures Act

Version of section 44 from 2002-12-31 to 2003-07-01:


Marginal note:Recommencement of inquiry

  •  (1) Where pursuant to an application for judicial review under the Federal Court Act or an application under section 96.1 of this Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods, the Tribunal shall

    • (a) where the matter is referred back to the Tribunal for determination, forthwith recommence the inquiry made in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and

    • (b) in any other case, decide, within thirty days after the final disposition of the application, whether or not to recommence the inquiry in respect of the goods to which the order or finding applies or in respect of the particular goods, as the case may be, and, if the Tribunal decides that the inquiry should be recommenced, forthwith recommence the inquiry,

    and a new order or finding compatible with the final disposition of the issues raised by or as a result of the application shall be made by the Tribunal with respect to the goods in respect of which the inquiry is recommenced forthwith and, in any event, not later than one hundred and twenty days after

    • (c) where paragraph (a) applies, the date on which the order or finding is set aside, and

    • (d) where paragraph (b) applies, the date on which the Tribunal decides that the inquiry should be recommenced.

  • Marginal note:Idem

    (2) Where an inquiry is recommenced pursuant to subsection (1) with respect to any goods,

    • (a) the Secretary shall forthwith give notice of the recommencement of the inquiry with respect to those goods to every person to whom the Secretary forwarded, pursuant to subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Court Act was made; and

    • (b) the Tribunal shall, for the purpose of making the new order or finding referred to in subsection (1), take any further steps in the inquiry, whether by way of hearing or re-hearing any matter, the receipt of additional evidence or otherwise, that it considers necessary or advisable.

  • R.S., 1985, c. S-15, s. 44
  • 1988, c. 65, s. 33
  • 1990, c. 8, s. 71
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