Special Import Measures Act

Marginal note:Action on decision referred back by Court

• 53.1 (1) Where a decision under subsection 53(1) to renew or not to renew an undertaking is set aside and the matter referred back to the Commissioner on an application under section 96.1,

  • (a) the Commissioner shall

    • (i) reconsider the matter and make a new decision, and

    • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Secretary; and

  • (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order referring the matter back is made and continues in effect until action is taken pursuant to subparagraph (a)(i).

• Marginal note:Action on decision referred back by panel

  (2) Where a decision under subsection 53(1) to renew or not to renew an undertaking is referred back to the Commissioner under subsection 77.015(3) or (4) or 77.019(5), or under subsection 77.15(3) or (4) or 77.19(4),

  • (a) the Commissioner shall

    • (i) reconsider the decision and confirm, rescind or vary it, and

    • (ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Secretary and the Canadian Secretary; and

  • (b) in the case of a decision not to renew an undertaking, the undertaking shall be deemed to have been renewed on the day on which the order is made and continues in effect until action is taken pursuant to subparagraph (a)(i).