Special Import Measures Act

Marginal note:Request for review of definitive decision

• 77.11 (1) The Minister or the United States government may request, in accordance with paragraph 4 of Article 1904 of the Free Trade Agreement, that a definitive decision be reviewed by a panel.

• Marginal note:Idem

  (2) On a request made to the Canadian Secretary by any person who, but for section 77.12, would be entitled to apply under section 28 of the Federal Courts Act or section 96.1 of this Act or to appeal under section 61 of this Act in respect of a definitive decision, the Minister shall request, in accordance with paragraph 4 of Article 1904 of the Free Trade Agreement, that the definitive decision be reviewed by a panel.

• Marginal note:Limitation period

  (3) No request shall be made to the Canadian Secretary under subsection (2) more than twenty-five days after the day on which notice of the definitive decision is published in the Canada Gazette or, in the case of a re-determination of the President under subsection 59(1) or (3), the day on which notice of the re-determination is received by the United States government.

• Marginal note:Grounds for request

  (4) A request by the Minister for the review of a definitive decision may be made only on a ground set forth in subsection 28(1) of the Federal Courts Act.

• Marginal note:Notification of request for review

  (5) On receiving a request under this section made by the Minister, the Canadian Secretary shall notify the American Secretary of the request and the day on which it was received by the Canadian Secretary, and on receiving a request under this section made by the United States government, the Canadian Secretary shall notify the Minister of the request and the day on which it was received by the Canadian Secretary.

• Marginal note:No application or appeal

  (6) Where a request is made by the Minister or the United States government for the review of a definitive decision by a panel, no person or government may apply under section 18 or 28 of the Federal Courts Act or section 96.1 of this Act or appeal under section 61 of this Act in respect of the decision.