Special Import Measures Act

Marginal note:Referral to Federal Court of Appeal

• 77.031 (1) Where the Minister suspends the operation of Article 1904 of the North American Free Trade Agreement under paragraph 77.028(1)(a) and

  • (a) where any panel review is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

  • (b) where any committee proceeding is stayed under subsection 77.024(1), the Minister, the government of the NAFTA country, or any party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

• Marginal note:Idem

  (2) Where the government of a NAFTA country suspends the operation of Article 1904 of the North American Free Trade Agreement with respect to goods of Canada under Article 1905.8 of the North American Free Trade Agreement and

  • (a) where any panel review is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed panel review may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the panel review, on any grounds set out in subsection 18.1(4) of the Federal Courts Act; or

  • (b) where any committee proceeding is stayed under section 77.025, the government of the NAFTA country, or persons of that NAFTA country who were party to the stayed committee proceeding may, within thirty days after the date of the suspension, apply to the Federal Court of Appeal for review of the definitive decision that has been the subject of the original panel decision reviewed by the committee, on any grounds set out in subsection 18.1(4) of the Federal Courts Act.

• Marginal note:Idem

  (3) For the purposes of subsections (1) and (2), where any application has been made to the Federal Court of Appeal for the review of any definitive decision, that definitive decision may not be subsequently reviewed by a panel or committee if the suspension of Article 1904 is terminated pursuant to section 77.032.