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Special Import Measures Regulations (SOR/84-927)

Regulations are current to 2020-09-09 and last amended on 2020-07-01. Previous Versions

PART IIAmount of Subsidy (continued)

[SOR/95-26, s. 17(F)]

Acquisition of Shares

 Where the subsidy in relation to any subsidized goods is in the form of the acquisition of shares, by a government, in a corporate enterprise, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the estimated total quantity of subsidized goods to which the subsidy is attributable, the difference between

  • (a) the amount the government paid or agreed to pay for the shares, and

  • (b) the fair market value of those shares immediately before the government’s decision to acquire the shares became public.

  • SOR/95-26, s. 10

Purchase of Goods

 Where the subsidy in relation to any subsidized goods is in the form of the purchase, by a government, of goods, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the estimated total quantity of subsidized goods to which the subsidy is attributable, the difference between

  • (a) the amount the government paid or agreed to pay for the goods, and

  • (b) the fair market value of the goods in the territory of that government.

  • SOR/95-26, s. 10

Goods or Services Provided by a Government

 Where the subsidy in relation to any subsidized goods is in the form of the provision, by a government, of goods or services, the amount of subsidy shall be determined by distributing, in accordance with generally accepted accounting principles, over the estimated total quantity of subsidized goods to which the subsidy is attributable, the difference between

  • (a) the fair market value of the goods or services in the territory of the government providing the subsidy, and

  • (b) the price at which the goods or services were provided by that government.

  • SOR/95-26, s. 11

 Where there is a significant difference between the amount of subsidy in relation to goods as otherwise determined under this Part and the future value, on the date of sale of the goods, of the amount of subsidy so determined, the amount of subsidy shall be the future value, on the date of sale, of the amount of subsidy as otherwise determined under this Part.

  • SOR/96-255, ss. 18, 25

PART II.01Dispute Settlement Respecting Goods of a CUSMA Country

[SOR/2020-65, s. 1]

 In this Part,

American Secretary

American Secretary means the person designated to serve as Secretary to the American Section of the Secretariat; (secrétaire américain)

Mexican Secretary

Mexican Secretary means the person designated to serve as Secretary to the Mexican Section of the Secretariat; (secrétaire mexicain)

Secretariat

Secretariat means the Secretariat established pursuant to paragraph 1 of Article 30.6 of the Canada–United States–Mexico Agreement. (Secrétariat)

  • SOR/94-20, s. 2
  • SOR/2020-65, s. 2

 For the purposes of the definition government of a CUSMA country in subsection 2(1) of the Act, the following are prescribed departments, agencies or other bodies:

  • (a) for the purposes of subsection 77.011(1), subsection 77.011(6) of the English version, subsections 77.015(5), 77.017(1) and (3) and 77.019(6) of the Act,

    • (i) in respect of Mexico, the office of the Mexican Secretary, and

    • (ii) in respect of the United States, the office of the American Secretary;

  • (b) for the purposes of subsections 77.011(4) and 77.013(3) of the Act,

    • (i) in respect of Mexico, the Secretaría de Economía (Secretariat of Economy), and

    • (ii) in respect of the United States, the Department of State; and

  • (c) for the purposes of subsection 77.023(1), section 77.025 and subsections 77.028(1) and 77.031(1) and (2) of the Act,

    • (i) in respect of Mexico, the Secretaría de Economía (Secretariat of Economy), and

    • (ii) in respect of the United States, the office of the United States Trade Representative.

  • SOR/94-20, s. 2
  • SOR/2020-65, s. 3

 A government of a province of Canada or of a state of the United States that is aggrieved by a definitive decision is deemed to be a person who is entitled to file a request with the Canadian Secretary under subsection 77.011(2) of the Act.

  • SOR/94-20, s. 2

 For the purposes of subsection 77.012(1) of the Act, notice of an intention to make an application or to appeal in respect of a definitive decision that is to be given to every person who, but for section 77.012 of the Act, would be entitled to make such an application or to appeal shall be given by publication in the Canada Gazette of a notice to that effect and, if service of such a notice is required pursuant to the rules of procedure adopted or maintained pursuant to paragraph 14 of Article 10.12 of the Canada–United States–Mexico Agreement, by service of that notice in the prescribed manner under those rules.

  • SOR/94-20, s. 2
  • SOR/2020-65, s. 4
  •  (1) In this section, administrative record has the same meaning as in Article 10.8 of the Canada–United States–Mexico Agreement.

  • (2) For the purposes of section 77.015 of the Act, a panel has the powers, rights and privileges of a superior court of record in respect of the compelling of production, and the examination, of the administrative record in respect of a definitive decision, other than any portion thereof that is government information within the meaning of the rules relating to panel reviews.

  • SOR/94-20, s. 2
  • SOR/2020-65, s. 5

 For the purposes of section 77.019 of the Act, a committee has the powers, rights and privileges of a superior court of record in respect of

  • (a) the compelling of production, and the examination, of the record of a panel review; and

  • (b) where the grounds for an extraordinary challenge proceeding before the committee are the grounds set out in subparagraph 13(a)(i) and paragraph 13(b) of Article 10.12 of the Canada–United States–Mexico Agreement,

    • (i) the compelling of production, and the examination, of documents relevant to those grounds,

    • (ii) the summoning and enforcement of attendance of witnesses and the compelling of those witnesses to give oral or written evidence on oath or on solemn affirmation, and

    • (iii) the administering of oaths and affirmations.

  • SOR/94-20, s. 2
  • SOR/2020-65, s. 6

 For the purposes of subsection 77.021(2) of the Act, the following are prescribed persons:

  • (a) a member of a committee;

  • (b) the staff of, or any person under contract to, a panel, committee or special committee;

  • (c) the Canadian Secretary and the staff of, or any person under contract to, the Canadian Section of the Secretariat;

  • (d) the Mexican Secretary and the staff of, or any person under contract to, the Mexican Section of the Secretariat;

  • (e) the American Secretary and the staff of, or any person under contract to, the American Section of the Secretariat;

  • (f) counsel for participants in the proceedings of a panel, committee or special committee and employees of, and any professional adviser retained by, or under the control or direction of, those counsel to whom confidential, personal, business proprietary or other privileged or prescribed information may be made available in respect of those proceedings; and

  • (g) any other person to whom confidential, personal, business proprietary or other privileged or prescribed information is made available in respect of proceedings under Part I.1 of the Act.

  • SOR/94-20, s. 2

PART II.1Dispute Settlement Respecting Goods of the United States

 For the purposes of subsections 77.11(1), (5) and (6), 77.15(5), 77.17(1) and (3) and 77.19(5) of the Act, the American Secretary is the prescribed agency of the United States government.

  • SOR/89-63, s. 2

 A government of a province of Canada or of a state of the United States that is aggrieved by a definitive decision shall be deemed to be a person entitled to make a request to the Canadian Secretary under subsection 77.11(2) of the Act.

  • SOR/89-63, s. 2

 For the purposes of subsections 77.11(3) and 77.13(2) of the Act, the Department of State of the United States is the prescribed department of the United States government.

  • SOR/89-63, s. 2
 
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