[R.S., 1985, c. 47 (4th Supp.)]

An Act to establish the Canadian International Trade Tribunal and to amend or

repeal other Acts in consequence thereof

SHORT TITLE

1. This Act may be cited as the Canadian International Trade Tribunal Act.

INTERPRETATION

2. (1) In this Act,

"Chairman" means the Chairman of the Tribunal;

"member" means a permanent member, temporary member or substitute member of the Tribunal;

"Minister" means the Minister of Finance;

"prescribed" means prescribed by regulations;

"serious injury", in relation to domestic producers of like or directly competitive goods, means a significant overall impairment in the position of the domestic producers;

"textile and apparel goods" means the textile and apparel goods set out in Appendix 1.1 of Annex 300-B of Chapter Three of the Agreement;

"threat of serious injury" means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent;

"Tribunal" means the Canadian International Trade Tribunal established by subsection 3(1);

"World Trade Organization Agreement" has the meaning given to the word "Agreement" in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

(2) In this Act, the words "Agreement" and "NAFTA country" have the same meaning as in subsection 2(1) of the North American Free Trade Agreement Implementation Act.

(3) For the purposes of this Act, goods are imported from a NAFTA country if they are shipped directly to Canada from the NAFTA country within the meaning of sections 17 and 18 of the Customs Tariff.

APPLICATION

2.1 The operation of the provisions referred to in column II of this section is suspended during the period in which the provisions referred to in column I opposite those provisions are in force:

CANADIAN INTERNATIONAL TRADE TRIBUNAL

3. (1) There is hereby established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairman, two Vice-Chairmen and not more than six other permanent members to be appointed by the Governor in Council.

(2) In addition to the members who may be appointed under subsection (1), the Governor in Council may, whenever in the opinion of the Governor in Council the workload of the Tribunal so requires, appoint temporary members of the Tribunal on such terms and conditions as the Governor in Council may specify, but the number of temporary members holding office shall not at any time exceed five.

(3) Each permanent member shall be appointed to hold office for a term not exceeding five years and each temporary member shall be appointed to hold office for a term not exceeding three years.

(4) Each permanent member and temporary member holds office during good behaviour and may be removed by the Governor in Council at any time for cause.

(5) A permanent member, on the expiration of a first term of office, is eligible to be re-appointed for one further term in the same or another capacity.

(6) A temporary member is eligible to be re-appointed on the expiration of a first or subsequent term of office.

4. Each permanent member shall devote the whole of the member's time to the performance of the member's duties under this Act.

5. A member shall not, during the term of office of the member, accept or hold any office or employment inconsistent with the member's duties under this Act.

6. (1) Each member shall be paid such remuneration as is fixed by the Governor in Council.

(2) Each permanent member is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of work in the course of performing duties under this Act.

(3) Each temporary member and substitute member is entitled to be paid reasonable travel and living expenses incurred by the member in the course of performing duties under this Act.

7. The Chairman is the chief executive officer of the Tribunal and has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,

8. (1) In the event of the absence or incapacity of the Chairman or if the office of Chairman is vacant, the Tribunal may authorize one of the Vice-Chairmen to act as Chairman for the time being, and a Vice-Chairman so authorized has and may exercise and perform all the powers, duties and functions of the Chairman.

(2) In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairman, the Governor in Council may appoint a person, on such terms and conditions as the Governor in Council may specify, to act as a substitute member for the time being.

9. (1) Subject to subsection (2), a person who has ceased to be a member may, with the authorization of the Chairman, take part in the disposition of any matter in which that person became engaged while holding office as a member, and a person so authorized shall, for that purpose, be deemed to be a member of the Tribunal.

(2) No person who has ceased to be a member may, after the expiration of one hundred and twenty days after ceasing to be a member, take part in the disposition of any matter pursuant to the authority granted by the Chairman under subsection (1).

(3) Where a person to whom subsection (1) applies or any member has taken part in any matter and has died or for any reason is unable or unwilling to take part in the disposition of the matter, the remaining members, if any, who took part in the matter may, with the authorization of the Chairman, make the disposition notwithstanding that the quorum of members required to dispose of the matter was lost as a result, and the remaining members where so authorized shall, for that purpose, be deemed to constitute a quorum.

10. (1) A permanent member shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act.

(2) A temporary member or substitute member shall be deemed not to be employed in the Public Service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

(3) For greater certainty, an order made pursuant to subsection (2) shall be deemed not to be a regulation within the meaning and for the purposes of the Statutory Instruments Act.

11. The head office of the Tribunal shall be in the National Capital Region as described in the schedule to the National Capital Act.

12. The Tribunal may sit at such times and places as it considers necessary or desirable for the proper conduct of its business.

13. Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members constitute a quorum of the Tribunal and any three or more members have and may exercise all of the Tribunal's powers and have and may perform all of the Tribunal's duties and functions.

14. (1) There shall be a Secretary of the Tribunal, who shall be appointed in accordance with the Public Service Employment Act.

(2) In the event of the absence or incapacity of the Secretary or if the office of Secretary is vacant, the Chairman may authorize any officer or employee of the Tribunal to act as Secretary for the time being.

15. (1) Such other officers and employees as are necessary for the proper conduct of the work of the Tribunal shall be appointed in accordance with the Public Service Employment Act.

(2) The Tribunal may appoint and, subject to the approval of the Treasury Board, fix the remuneration of persons having technical or special knowledge to assist the Tribunal in any matter in an advisory capacity.

(3) Subject to any directive of the Treasury Board in relation thereto, any department or agency of the Government of Canada may, on the request of the Tribunal, second to the Tribunal, for specified periods, such officers or employees of the department or agency as are necessary for the proper conduct of the work of the Tribunal.

16. The duties and functions of the Tribunal are to

(a.1) conduct mid-term reviews under section 19.02 and report on the reviews;

(b.1) receive complaints, conduct inquiries and make determinations under sections 30.1 to 30.19;

17. (1) The Tribunal is a court of record and shall have an official seal, which shall be judicially noticed.

(2) The Tribunal has, as regards the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

INQUIRIES AND REVIEWS

18. The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada with respect to any goods or services or any class thereof that the Governor in Council refers to the Tribunal for inquiry.

19. The Tribunal shall inquire into and report to the Minister on any tariff-related matter, including any matter concerning the international rights or obligations of Canada in connection therewith, that the Minister refers to the Tribunal for inquiry.

19.01 (1) In this section and sections 20 and 20.01, "principal cause" means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat.

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the United States Tariff of Schedule I or II to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, where the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

(3) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the Mexico Tariff, or the Mexico-United States Tariff, of Schedule I to the Customs Tariff, other than textile and apparel goods, are, as a result of the reduction of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, where the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

19.02 (1) Where an order made under subsection 59.1(1), (8) or (11) of the Customs Tariff or subsection 5(3), (3.2) or (4.01) of the Export and Import Permits Act specifies that it remains in effect for a period of more than three years, the Tribunal shall, before the mid-point of the period,

(c) submit a copy of the report to the Governor in Council and the Minister.

(2) Where the Tribunal has prepared a report on a review pursuant to subsection (1), it shall cause notice of the report

(a) to be given to each other interested party; and

(b) to be published in the Canada Gazette.

19.1 (1) For the purposes of this section and section 20.1, "principal cause" means, in respect of a serious injury, an important cause that is no less important than any other cause of the serious injury.

(2) The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the benefit of the United States Tariff of Schedule I to the Customs Tariff are, as a result of the reduction or elimination of that tariff, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury to domestic producers of like or directly competitive goods, where the Governor in Council, on the recommendation of the Minister of Finance, refers the question to it for inquiry and report.

20. The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to

that the Governor in Council refers to the Tribunal for inquiry.

20.01 (1) In this section, "contribute importantly" has the meaning given those words by Article 805 of the Agreement.

(2) Where, in an inquiry conducted pursuant to a reference under section 20 into goods imported from a NAFTA country that are specified by the Governor in Council or in an inquiry conducted pursuant to a complaint under subsection 23(1) into goods so imported that are specified by the Tribunal, the Tribunal finds that the specified imported goods and goods of the same kind imported from other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine

(2.1) In an inquiry under section 30.07 into goods imported from a NAFTA country conducted pursuant to an extension request, the Tribunal shall determine in respect of each NAFTA country

(3) In making a determination under this section, the Tribunal shall take fully into account paragraph 2 of Article 802 of the Agreement.

20.1 (1) For the purposes of this section,

"Agreement" has the same meaning as in the Canada-United States Free Trade Agreement Implementation Act;

"contribute importantly" has the meaning given that expression by Article 1104 of the Agreement;

"goods originating in the United States" means imported goods that qualify under the regulations respecting the origin of goods made under the Customs Tariff, as those regulations apply to the United States, that are specified

(2) In interpreting the term "substantial" for the purposes of this section, regard shall be had to paragraph I of Article 1102 of the Agreement.

(3) Where, in an inquiry conducted pursuant to section 20 or 26, the Tribunal finds that goods originating in the United States and goods of the same kind originating in other countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, the Tribunal shall determine whether the quantity of such goods originating in the United States is substantial in comparison with the quantity of goods of the same kind originating in other countries and whether the goods originating in the United States contribute importantly to the serious injury or threat thereof.

20.2 (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.01 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

(2) In the case of an inquiry to which section 20.01 applies, the Tribunal shall include in its report any determination made pursuant to that section.

(3) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.01 or 20 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

(4) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.01 or 20 to be published in the Canada Gazette.

21. (1) The Tribunal shall conduct an inquiry under section 18, 19, 19.1 or 20 and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may be.

(1.1) In the case of an inquiry to which subsection 20.1(3) applies, the Tribunal shall include in its report any determination made pursuant to that subsection.

(2) The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister pursuant to section 18, 19, 19.1 or 20 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

(3) The Tribunal shall cause notice of the submission of a report pursuant to section 18, 19, 19.1 or 20 to be published in the Canada Gazette.

21.1 In sections 23 to 30, "complaint" means a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02) or (1.03), and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

22. In sections 23 to 30, "complaint" means a written complaint filed with the Tribunal under subsection 23(1) or (1.1), and, for the purposes of those sections, a complaint is properly documented if the Tribunal is satisfied that it contains or is accompanied by the information required by section 23.

23. (1) Any domestic producer of goods that are like or directly competitive with goods being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods.

(1.01) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the benefit of the United States Tariff of Schedule I or II to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.

(1.02) Any domestic producer of goods that are like or directly competitive with any goods, other than textile and apparel goods, being imported into Canada and that are entitled to the benefit of the Mexico Tariff, or the Mexico-United States Tariff, of Schedule I to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods.

(1.03) Any domestic producer of any textile and apparel goods that are like or directly competitive with any textile and apparel goods being imported into Canada and that are entitled, either under subsection 25.2(5.1) of the Customs Tariff or, in respect of goods that have been integrated into the General Agreement on Tariffs and Trade pursuant to a commitment made by Canada under any successor agreement to the Multifibre Arrangement, under subsection 25.2(7) of the Customs Tariff, to the benefit of the United States Tariff, or the Mexico Tariff, of Schedule I to that Act, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the reduction of that tariff, the imported goods are being imported in such increased quantities, in absolute terms or relative to the domestic market in Canada for the goods, and under such conditions as to cause serious damage, or actual threat thereof, to domestic producers of like or directly competitive textile and apparel goods.

(1.1) Any domestic producer of goods that are like or directly competitive with any goods being imported into Canada and that are entitled to the benefit of the United States Tariff of Schedule I to the Customs Tariff, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that as a result of the reduction or elimination of that tariff, the imported goods are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly competitive goods.

(2) A complaint shall

(3) A complaint shall be accompanied by

(4) The Tribunal shall, forthwith after the receipt of a complaint, notify the complainant in writing of the receipt and date of receipt thereof.

24. (1) The Tribunal may, within twenty-one days after the date of receipt of a complaint, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.

(2) Where the Tribunal receives additional information in relation to a complaint pursuant to a request made under subsection (1) or this subsection, the Tribunal may, within twenty-one days after the date of receipt of the additional information, by notice in writing, request the complainant to provide such additional information as the Tribunal considers necessary in order for the complaint to be properly documented.

25. (1) The Tribunal shall, within twenty-one days after the date of receipt of a complaint or, where the Tribunal has requested the complainant to provide additional information pursuant to subsection 24(1) or (2), within twenty-one days after the receipt of the additional information requested, determine whether the complaint is properly documented.

(2) Where the Tribunal determines under subsection (1) that a complaint is properly documented, it shall forthwith

(a) notify the complainant in writing that the complaint is properly documented;

(3) Where the Tribunal determines under subsection (1) that a complaint is not properly documented, it shall forthwith notify the complainant in writing that the complaint is not properly documented and of its reasons for so concluding.

26. (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days after the day on which notice is given to a complainant that the complaint is properly documented, commence an inquiry into the complaint if it is satisfied

(2) Where the Tribunal decides to commence an inquiry into a complaint under subsection (1), it shall forthwith

(2.1) Notwithstanding subsection (2), in the case of a complaint filed under subsection 23(1.03), the Tribunal shall send to the Minister only a copy of its decision and a copy of any relevant information examined by the Tribunal in relation to the complaint that was not previously sent to the Minister pursuant to subsection 25(2).

(3) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (1), it shall forthwith

(4) Where, before commencing an inquiry into a complaint under subsection (1), the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act, the Tribunal shall forthwith

(5) The Tribunal may commence an inquiry under subsection (1) into a complaint that pursuant to subsection (4) is referred to the Deputy Minister of National Revenue for consideration under the Special Import Measures Act only if

(6) The Tribunal shall, within thirty days after the date of receipt of an application made under subsection (5), decide whether to commence an inquiry into the complaint under subsection (1) and it may commence an inquiry notwithstanding that the thirty day period referred to in that subsection has expired.

(7) Where subsection 59.1(3.1) of the Customs Tariff or subsection 5(3.1) of the Export and Import Permits Act prohibits the making of an order pursuant to subsection 59.1(1) of the Customs Tariff or subsection 5(3) of the Export and Import Permits Act in respect of any goods during any period, the Tribunal may commence an inquiry into a complaint under subsection (1) in respect of the goods no earlier than one hundred and eighty days before the end of the period.

27. (1) The Tribunal shall, in an inquiry into a complaint, determine whether, having regard to any regulations made pursuant to paragraph 40(a),

(2) For the purposes of subsection (1), "principal cause" means, in respect of a serious injury or threat thereof, an important cause that is no less important than any other cause of the serious injury or threat thereof.

(2.1) In making a determination under paragraph (1)(a.3), regard shall be had to paragraph 2 of section 4 of Annex 300-B of Chapter Three of the Agreement.

(3) The Tribunal shall, in an inquiry into a complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination.

28. (1) Where, at any time during an inquiry into a complaint, the Tribunal forms the opinion that the injury or threat of injury alleged in the complaint appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act, the Tribunal shall forthwith adjourn the inquiry, give notice thereof to the complainant and each other interested party and, by notice in writing, refer the complaint to the Deputy Minister of National Revenue for consideration under the Special Import Measures Act.

(2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a complaint and refers the complaint to the Deputy Minister of National Revenue for consideration under the Special Import Measures Act, the Tribunal shall resume the inquiry only if

(3) Where the Tribunal decides not to resume an inquiry pursuant to subsection (2) by reason that the conditions referred to in that subsection have not been met, the Tribunal shall terminate the inquiry and cause written notice of such termination to be given forthwith to the complainant and each other interested party.

29. (1) The Tribunal shall prepare a report on each inquiry commenced by it under subsection 26(1) not later than one hundred and eighty days after the inquiry is commenced.

(2) Where, in the opinion of the Tribunal, the period referred to in subsection (1) should be extended for any reason including, without limiting the generality of the foregoing,

(b) the variety of goods or number of persons involved in the inquiry,

(c) the difficulty of obtaining satisfactory evidence in the inquiry, or

the Tribunal may extend that period by not more than ninety days and, where it does so extend the period, it shall so notify the complainant and each other interested party forthwith in writing.

(3) The Tribunal shall submit a copy of each report prepared by it pursuant to subsection (1) to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry.

(4) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice thereof

(a) to be given to each other interested party; and

(5) Where, pursuant to subsection 27(3), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into a complaint, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council.

30. (1) The Governor in Council may, at any time after the receipt of a report on an inquiry into a complaint prepared by the Tribunal pursuant to subsection 29(1), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.

(2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council.

(3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 29(3).

(4) The Tribunal shall cause notice of the submission of a report to the Governor in Council pursuant to subsection (1)

(5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

30.01 (1) In this section, "surge" has the meaning given that word by Article 805 of the Agreement.

(2) A written complaint may be filed with the Tribunal where

(2.1) The complaint must allege that a surge of imports of goods imported from a NAFTA country undermines the effectiveness of the surtax or the inclusion of the goods on the Import Control List.

(2.2) The complaint must be filed by a domestic producer of like or directly competitive goods, or a person or association acting on behalf of any such domestic producer.

(3) A complaint shall state in reasonable detail the facts on which the allegations are based and shall be accompanied by such information as is available to the complainant to prove those facts and such other information as may be required by the rules.

(4) The Tribunal shall, within thirty days after the date of receipt of a complaint, commence an inquiry into the complaint if it is satisfied that the information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

(5) Where the Tribunal decides not to commence an inquiry into a complaint under subsection (4), it shall forthwith notify the complainant and each other interested party in writing of its decision and of the reasons for the refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on that information.

(6) The Tribunal shall, in the inquiry, determine whether a surge of imports of goods referred to in subsection (2) is undermining the effectiveness of the surtax or inclusion referred to in that subsection.

(7) The Tribunal shall prepare a report on the inquiry not later than sixty days after the inquiry is commenced and submit copies of it to the Governor in Council, the Minister, the complainant and any person who made representations to the Tribunal during the inquiry.

(8) The Tribunal shall cause notice of the report to be given to other interested parties and to be published in the Canada Gazette.

EXTENSION INQUIRIES

30.02 In sections 30.03 to 30.09, "extension request" means a written request filed with the Tribunal under section 30.04.

30.03 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiration date of any order that imposes a surtax on any goods pursuant to subsection 59.1(1), (8) or (11) of the Customs Tariff or includes any goods on the Import Control List pursuant to subsection 5(3), (3.2) or (4.01) of the Export and Import Permits Act, but no notice shall be published if

(2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order.

30.04 (1) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made pursuant to subsection 59.1(8) of the Customs Tariff or subsection 5(3.2) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

(2) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection 30.03(2).

(3) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt.

30.05 (1) An extension request shall

(2) An extension request shall be accompanied by

30.06 (1) Within twenty-one days after receiving an extension request the Tribunal may, by notice in writing, ask the requester to provide such additional information as the Tribunal considers necessary for the request to be properly documented.

(2) The Tribunal shall determine whether an extension request is properly documented within 21 days after receiving the request or, where the Tribunal has asked the requester to provide additional information pursuant to subsection (1), within twenty-one days after receiving the additional information.

(3) Where the Tribunal determines that an extension request is properly documented, it shall forthwith

(b) notify each other interested party in writing that it has received the request and that the request is properly documented.

(4) Where the Tribunal determines that an extension request is not properly documented, it shall forthwith notify the requester in writing that the request is not properly documented and of its reasons for so concluding.

30.07 (1) The Tribunal shall commence an inquiry into an extension request within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied

(2) Where the Tribunal decides to commence an inquiry into an extension request under subsection (1), it shall forthwith

(3) Where the Tribunal decides not to commence an inquiry into an extension request under subsection (1), it shall forthwith

30.08 (1) The Tribunal shall, in an inquiry into an extension request, determine whether

(2) The Tribunal shall, in an inquiry into an extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination.

30.09 (1) Not later than 45 days before the expiration date of the order to which an inquiry under subsection 30.07(1) relates, the Tribunal shall prepare a report on the inquiry and submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry.

(2) Where the Tribunal has prepared a report on an inquiry pursuant to subsection (1), it shall cause notice of the report

(b) to be published in the Canada Gazette.

(3) Where, pursuant to subsection 30.08(2), the Governor in Council refers a matter to the Tribunal for examination in an inquiry into an extension request, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is submitted to the Governor in Council.

COMPLAINTS BY POTENTIAL SUPPLIERS

30.1 In this section and in sections 30.11 to 30.19,

"complaint" means a complaint filed with the Tribunal under subsection 30.11(1);

"designated contract" means a contract for the supply of goods or services that has been or is proposed to be awarded by a government institution and that is designated or of a class of contracts designated by the regulations;

"government institution" means any department or Ministry of State of the Government of Canada, or any other body or office, that is designated by the regulations;

"interested party" means a potential supplier or any person who has a material and direct interest in any matter that is the subject of a complaint;

"potential supplier" means, subject to any regulations made under paragraph 40(f.1), a bidder or prospective bidder on a designated contract.

30.11 (1) Subject to the regulations, a potential supplier may file a complaint with the Tribunal concerning any aspect of the procurement process that relates to a designated contract and request the Tribunal to conduct an inquiry into the complaint.

(2) A complaint must

(3) The Chairman may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal's powers, and has and may perform all of the Tribunal's duties and functions, in relation to the complaint.

30.12 (1) The Tribunal notify the complainant in writing of the receipt of the complaint.

(2) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2), it shall notify the complainant in writing and specify the deficiencies to be corrected, the corrective action required and the period within which the action must be taken.

(3) Where the Tribunal determines that a complaint complies with subsection 30.11(2), it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

30.13 (1) Subject to the regulations, after the Tribunal determines that a complaint complies with subsection 30.11(2), it shall decide whether to conduct an inquiry into the complaint, which inquiry may include a hearing.

(2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party and give them an opportunity to make representations to the Tribunal with respect to the complaint.

(3) Where the Tribunal decides to conduct an inquiry into a complaint that concerns a designated contract proposed to be awarded by a government institution, the Tribunal may order the government institution to postpone the awarding of the contract until the Tribunal determines the validity of the complaint.

(4) The Tribunal shall rescind an order made under subsection (3) if, within the prescribed period after the order is made, the government institution certifies in writing that the procurement of the goods or services to which the designated contract relates is urgent or that a delay in awarding the contract would be contrary to the public interest.

(5) The Tribunal may decide not to conduct an inquiry into a complaint or decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal so decides, it shall notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party of that decision and the reasons therefor.

30.14 (1) In conducting an inquiry, the Tribunal shall limit its considerations to the subject-matter of the complaint.

(2) At the conclusion of an inquiry, the Tribunal shall determine whether the complaint is valid on the basis of whether the procedures and other requirements prescribed in respect of the designated contract, or the class of contracts to which it belongs, have been or are being observed.

30.15 (1) Where the Tribunal decides to conduct an inquiry, it shall, within the prescribed period after the complaint is filed, provide the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party with the Tribunal's findings and recommendations, if any.

(2) Subject to the regulations, where the Tribunal determines that a complaint is valid, it may recommend such remedy as it considers appropriate, including any one or more of the following remedies:

(c) that the designated contract be terminated;

(d) that the designated contract be awarded to the complainant; or

(e) that the complainant be compensated by an amount specified by the Tribunal.

(3) The Tribunal shall, in recommending an appropriate remedy under subsection (2), consider all the circumstances relevant to the procurement of the goods or services to which the designated contract relates, including

(a) the seriousness of any deficiency in the procurement process found by the Tribunal;

(b) the degree to which the complainant an all other interested parties were prejudiced;

(d) whether the parties acted in good faith; and

(e) the extent to which the contract was performed.

(4) Subject to the regulations, the Tribunal may award to the complainant the reasonable costs incurred by the complainant in preparing a response to the solicitation for the designated contract.

30.16 (1) Subject to the regulations, the Tribunal may award costs of, and incidental to, any proceedings before it in relation to a complaint on a final or interim basis and the costs may be fixed at a sum certain or may be taxed.

(2) Subject to the regulations, the Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

30.17 An interested party may, with leave of the Tribunal, intervene in any proceedings before the Tribunal in relation to a complaint.

30.18 (1) Where the Tribunal makes recommendations to a government institution under section 30.15, the government institution shall, subject to the regulations, implement the recommendations to the greatest extent possible.

(2) Within the prescribed period, the government institution shall advise the Tribunal in writing of the extent to which it intends to implement the recommendations and, if it does not intend to implement them fully, the reasons for not doing so.

(3) Where the government institution has advised the Tribunal that it intends to implement the recommendations in whole or in part, it shall further advise the Tribunal in writing, within the prescribed period, of the extent to which it has then implemented the recommendations.

30.19 (1) The Tribunal may provide the deputy head of a government institution with its comments and observations on any matter that the Tribunal considers should be brought to the attention of the deputy head in connection with the procurement process.

(2) In subsection (1), "deputy head" means

GENERAL

31. All parties to a hearing before the Tribunal may appear in person or may be represented at the hearing by counsel or an agent.

32. A hearing before the Tribunal may, on the request of any party to the hearing, be held in camera if that party establishes to the satisfaction of the Tribunal that the circumstances of the case so require.

33. (1) The Chairman may direct that evidence relating to any inquiry under this Act or to any matter before the Tribunal pursuant to the Special Import Measures Act, other than an appeal made pursuant to section 61 of that Act, be received, in whole or in part, by a member and, for that purpose, that member has and may exercise all of the powers of the Tribunal.

(2) A member by whom evidence relating to any matter has been received pursuant to subsection (1) shall make a report thereon to the Tribunal and a copy of the report, modified in such manner as in the opinion of the member is necessary to comply with sections 45 and 49, shall be provided to every person who is a party to the proceedings before the Tribunal in the matter.

(3) After receiving a report on evidence relating to a matter and after holding such hearing, re-hearing or further hearing with respect to the matter as the circumstances require or as the Tribunal in its discretion deems it advisable to hold, the Tribunal may make its order, finding or report or take such other action in relation to the matter as is authorized to be taken by it in relation to the matter under this or any other Act of Parliament, as if the evidence received by the member had been received by the Tribunal.

34. For the purpose of any inquiry under this Act or the Special Import Measures Act, the Tribunal may obtain information that in its judgment is authentic, otherwise than under the sanction of an oath or affirmation, and use and act on the information.

35. Hearings before the Tribunal shall be conducted as informally and expeditiously as the circumstances and considerations of fairness permit.

36. Every person summoned to attend before the Tribunal shall receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

37. The Tribunal shall cause notice of its decision in any proceedings held by it pursuant to any other Act of Parliament to be published forthwith in the Canada Gazette.

38. (1) The Tribunal may make by-laws respecting the calling of meetings of the Tribunal and the conduct of business at meetings of the Tribunal.

(2) A majority of the permanent members in office shall constitute a quorum of the Tribunal for the purpose of making by-laws under subsection (1).

39. (1) The Tribunal may, after consultation with the Minister and with the approval of the Governor in Council, make rules, not inconsistent with this or any other Act of Parliament,

(2) A majority of the permanent members in office shall constitute a quorum for the purpose of making rules under subsection (1).

40. The Governor in Council may make regulations

41. The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report relating to the activities of the Tribunal for that fiscal year.

42. The Minister shall cause a copy of each report submitted to the Minister pursuant to section 41 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted.

43. In sections 44 to 49, "information" includes evidence.

44. Where information is provided to the Tribunal for the purposes of any proceedings before the Tribunal, every party to the proceedings has, unless the information is information to which subsection 45(1) applies, a right, on request, to examine the information during the normal business hours of the Tribunal and a right, on payment of the prescribed fee, to be provided with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied.

44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Secretary of the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.

(2) For the purposes of subsection (1), "government" has the meaning assigned to the expression "government of a NAFTA country" by subsection 2(1) of the Special Import Measures Act.

45. (1) Where a person designates information as confidential pursuant to paragraph 46(1)(a) and that designation is not withdrawn by that person, no member and no person employed in the public service of Canada who comes into possession of that information while holding that office or being so employed shall, either before or after ceasing to hold that office or being so employed, knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

(2) Subsection (1) does not apply in respect of any non-confidential edited version or non-confidential summary of information or statement referred to in paragraph 46(1)(b).

(3) Notwithstanding subsection (1), information to which that subsection applies that has been provided to the Tribunal in any proceedings before the Tribunal may be disclosed by the Tribunal to counsel for any party to those proceedings or to other proceedings arising out of those proceedings for use by that counsel only in those proceedings, subject to such conditions as the Tribunal considers are reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by counsel to any person in any manner that is calculated or likely to make it available to

(4) In subsection (3), "counsel", in relation to a party to proceedings, includes any person, other than a director, servant or employee of the party, who acts in the proceedings on behalf of the party.

46. (1) Where a person who provides information to the Tribunal for the purposes of proceedings before the Tribunal wishes some or all of the information to be kept confidential, the person shall submit to the Tribunal, at the time the information is provided,

together with an explanation that justifies the making of the statement.

(2) A person who designates information as confidential pursuant to paragraph (1)(a) fails to comply with paragraph (1)(b) where

47. (1) Where a person has designated information as confidential pursuant to paragraph 46(1)(a) and the Tribunal considers that such a designation is warranted, but the person has failed to comply with paragraph 46(1)(b), the Tribunal shall cause the person to be informed of the failure, of the ground on which the person has so failed and of the application of subsection 48(3) if the person fails to take, within the time limited therefor by or pursuant to that subsection, such action as is necessary for the person to take in order to comply with paragraph 46(1)(b).

(2) Where a person has designated information as confidential pursuant to paragraph 46(1)(a) and the Tribunal considers that by reason of its nature, extent or availability from other sources or of the failure of the person to provide any explanation as to why it was designated as confidential, the designation of that information as confidential is unwarranted, the Tribunal shall cause the person

48. (1) Where a person is notified pursuant to paragraph 47(2)(a) with respect to any information that the person has designated as confidential pursuant to paragraph 46(1)(a), the person may, within fifteen days after being so notified,

(2) Where, pursuant to subsection (1), a person submits to the Tribunal, within the fifteen days referred to in that subsection, an explanation or further explanation as to why the information was designated as confidential, the Tribunal shall again consider whether, taking into account that explanation or further explanation, the designation of the information as confidential is warranted and, if it decides that it is not warranted, shall cause the person to be notified that the information will not thereafter be taken into account by the Tribunal in the proceedings for the purposes for which it was provided, in which case the information shall not thereafter be taken into account by the Tribunal in those proceedings, unless the Tribunal obtains the information from a source other than that person.

(3) Subject to subsection (4), where a person who has been informed pursuant to section 47 that the person has failed to comply with paragraph 46(1)(b) with respect to any information does not, within fifteen days after being so informed or within such longer time not exceeding thirty days after being so informed as the Tribunal, either before or after the expiration of the fifteen days, in its discretion allows, take such action as is necessary for the person to take in order to comply with paragraph 46(1)(b), the Tribunal shall cause the person to be notified that the information will not thereafter be taken into account by the Tribunal in the proceedings for the purposes for which it was provided, in which case the information shall not thereafter be taken into account by the Tribunal in those proceedings, unless the Tribunal obtains the information from a source other than that person.

(4) Subsection (3) does not apply in respect of any information that the Tribunal is prohibited by subsection (1) or (2) from taking into account in the proceedings for the purposes for which the information was provided.

49. Where

the information shall not knowingly be disclosed by any member or person employed in the public service of Canada who comes into possession of the information in any manner that is calculated or likely to make it available for the use of any business competitor or rival of any person to whose business or affairs the information relates.

REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL

50. and 51. [Repeals]

52. [Amendments]

53. In this section and sections 54 to 60,

"Canadian Import Tribunal" means the Canadian Import Tribunal established by subsection 63(1) of the Special Import Measures Act, as it existed on the day immediately preceding the commencement day;

"commencement day" means the day on which this section comes into force;

"former authority" means the Canadian Import Tribunal, the Tariff Board or the Textile and Clothing Board;

"Tariff Board" means the Tariff Board established by subsection 3(1) of the Tariff Board Act, as it existed on the day immediately preceding the commencement day;

"Textile and Clothing Board" means the Textile and Clothing Board established by subsection 3(1) of the Textile and Clothing Board Act, as it existed on the day immediately preceding the commencement day.

54. (1) Subject to subsection (2), the members of the Tariff Board shall cease to hold office on the commencement day.

(2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Tariff Board continue to have jurisdiction with respect to

(3) Each matter referred to in subsection (2) shall be disposed of in accordance with the Tariff Board Act or other Act of Parliament under which the matter came before the Tariff Board and the rules and regulations thereunder, as they read on the day immediately preceding the commencement day.

55. (1) Subject to subsection (2), the members of the Textile and Clothing Board shall cease to hold office on the commencement day.

(2) Subject to section 59 but otherwise notwithstanding any Act of Parliament the members of the Textile and Clothing Board continue to have jurisdiction with respect to any inquiry commenced by the Textile and Clothing Board under section 11 or 23 of the Textile and Clothing Board Act that was in the course of being completed on the day immediately preceding the commencement day and, for the purpose only of completing such an inquiry, may exercise such of the powers and perform such of the duties as were, on the day immediately before the commencement day, vested in them under the Textile and Clothing Board Act.

(3) An inquiry referred to in subsection (2) shall be completed in accordance with the Textile and Clothing Board Act and the rules thereunder, as they read on the day immediately preceding the commencement day.

56. The Secretary of the Canadian Import Tribunal shall cease to hold office on the commencement day.

57. (1) Subject to subsection (2), the members of the Canadian Import Tribunal shall cease to hold office on the commencement day.

(2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, the members of the Canadian Import Tribunal continue to have jurisdiction with respect to any of the following matters pending before the Canadian Import Tribunal on the day immediately preceding the commencement day:

(c) requests for rulings under subsection 89(1) of the Special Import Measures Act, and

and, for the purpose only of disposing of those matters, may exercise such of the powers and perform such of the duties as were, before the commencement day, vested in them under any Act of Parliament as members of the Canadian Import Tribunal.

(3) Each matter referred to in subsection (2) shall be disposed of in accordance with the Special Import Measures Act and the rules and regulations thereunder, as they read on the day immediately preceding the commencement day.

58. (1) Subject to section 59 and notwithstanding the Special Import Measures Act, the members of the Canadian Import Tribunal have jurisdiction

(2) For the purpose of making a report, inquiry, order or finding referred to in subsection (1), the members of the Canadian Import Tribunal have and may exercise such of the powers and perform such of the duties and functions as are vested in the Canadian International Trade Tribunal.

(3) A report, inquiry, order or finding made by the members of the Canadian Import Tribunal pursuant to their jurisdiction under subsection (1) shall, for the purposes of the Special Import Measures Act, be deemed to have been made by the Canadian International Trade Tribunal.

59. (1) Where any matter referred to in subsection 54(2), 55(2) or 57(2) is not disposed of by the members of the former authority within whose jurisdiction the matter lies within one year after the commencement day or where, on the expiration of one year after the commencement day, any proceedings in a matter commenced by the members of the Canadian Import Tribunal pursuant to their jurisdiction under section 58 are pending before those members, the proceedings with respect to the matter shall be taken up and continued by the Tribunal on such terms and conditions as the Chairman may specify for the protection and preservation of the rights and interests of the parties or, where the Chairman determines that any such proceedings should not be so taken up and continued, those proceedings shall be terminated.

(2) The Chairman has supervision over and direction of the work of the members of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1).

(3) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1), other than a person appointed to the Tribunal, shall be paid such remuneration for services under this Act as is fixed by the Governor in Council.

(4) Each member of a former authority having jurisdiction under subsection 54(2), 55(2), 57(2) or 58(1) is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member's ordinary place of residence in the course of performing duties under this Act.

60. All matters pending before the Tariff Board or the Canadian Import Tribunal on the day immediately preceding the commencement day and for which the members thereof do not have jurisdiction under subsection 54(2), 55(2) or 57(2) shall be taken up and continued by the Tribunal under and in conformity with this Act.

61. All rules made by the Canadian Import Tribunal under section 70 of the Special Import Measures Act, as it read on the day immediately preceding the commencement day, shall be deemed to have been made under section 39 of this Act and shall, to the extent that they are not inconsistent with this Act, continue in force until they are revoked or amended under section 39.

62. Every decision, order, finding, declaration, ruling or other instrument issued, rendered or made under any Act of Parliament by a former authority and that is in force on the day immediately preceding the commencement day shall, to the extent that it is not inconsistent with this or any other Act of Parliament continue in force and have the same force and effect as if it were issued, rendered or made by the Tribunal.

COMING INTO FORCE

*63. (1) Sections 1 to 15 and 38 to 40, or any of those sections, shall come into force on a day or days to be fixed by order of the Governor in Council.

(2) Sections 16 to 37 and 41 to 62 shall come into force on a day to be fixed by order of the Governor in Council.

*[Note: Sections 1 to 15 and 38 to 40 in force 15 September 1988, see SI/88-139; sections 16 to 37 and 41 to 62 in force 31 December 1988, see SI/89-3.]

SCHEDULE
[Amendments]