Consultation notice
Archived - SIMA Registry and Disclosure Unit - Modernization of Disclosure Practices

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Foreword

The Canada Border Services Agency (CBSA) is seeking to make its disclosure practices with respect to the Special Import Measures Act (SIMA) more secure, efficient and responsive to stakeholder needs. The following outlines some proposed new practices, for which the CBSA seeks your feedback.

Proposals

  1. A two business day service standard to action exhibit requests from stakeholders

    The CBSA website currently specifies that stakeholders should allow 48 hours for the processing of exhibit requests and that larger requests may require more time to process. The CBSA proposes to make it a service standard to process all such requests within two business days (in addition to time for overnight courier delivery outside of Ottawa). The clock will be suspended in the event that the CBSA has to seek clarifications from the requestor.

  2. Distribution of exhibits on USB keys or on DVDs

    The CBSA’s long term goal is to receive and disclose case exhibits and documents electronically; however, the CBSA is still a few years away from this ideal. In the interim, do you prefer receiving exhibits on DVDs or on USB keys? Note that if the CBSA switches to USB keys, there would be a requirement to return these at the end of the case.

  3. Proactive disclosure of exhibits

    Are you in favour of proactive disclosure of exhibits, where the CBSA would provide disclosure documents at three scheduled dates in the investigation? A sample investigation schedule is appended below, which shows how this could work.

    • Close of record: USB keys or DVDs containing the complete list of exhibits would be sent to all counsel with disclosure undertakings within 48 hours of the close of record. Again, please allow time for overnight courier delivery outside of Ottawa. Note that the CBSA will usually schedule its close of record on Monday or Tuesday to allow for disclosure prior to the weekend. In the event that the CBSA has the disclosure packages ready before the scheduled disclosure date, it will release them early.

    • Case arguments and reply submissions: USB keys or DVDs containing the confidential versions of the case arguments and reply submissions would be distributed to all counsel with disclosure undertakings on the day following their respective due dates. Non-confidential versions will be distributed by email once they have been verified by the CBSA. As done previously, persons who submit an inadequate version will be notified and required to provide proper version to the CBSA as soon as possible. In the event that a proper non-confidential version is not provided, all counsel will be notified and asked to destroy the corresponding confidential version.

    In the event that CBSA adopts a pro-active disclosure model, should counsel be permitted to request and receive specific exhibits prior to the scheduled disclosure dates?

  4. Disclosure undertakings

    Do the conditions imposed on counsel by disclosure undertakings need to be updated due to changes in technology that affect the way we access and work with information?

  5. Other proposals

    Are there other ways in which the CBSA could receive and process exhibits and make them available quicker that would better meet the needs of stakeholders?

Next Steps

All stakeholders are invited to provide comments on these proposals as well as any other suggestions related to SIMA Registry and disclosure practices. Please provide your response by E-mail to simaregistry-depotlmsi@cbsa-asfc.gc.ca by February 13, 2017. All submissions received will be posted on this webpage. The CBSA will review all responses and communicate any changes that may be made to its disclosure practices.

The CBSA appreciates the opportunity to consult with its stakeholders to improve the SIMA program. We look forward to your feedback.

Simon Duval
Acting Manager, SIMA Registry and Disclosure Unit
Trade and Anti-dumping Programs Directorate

Investigation Schedule Example

Certain subject goods originating in or exported from subject country.

CBSA's Investigation Schedule
June 8, 2016 Initiation of the CBSA’s dumping investigation
June 23, 2016 Statement of Reasons issued regarding the initiation of the investigation
June 29, 2016 Importer responses to CBSA’s Request for Information due
July 15, 2016 Exporter responses to CBSA’s Request for Information due
September 6, 2016 Preliminary Determination or termination of the CBSA’s dumping investigation
September 21, 2016 Statement of Reasons issued (Preliminary Determination or termination)
In the event of a Preliminary Determination
September 6, 2016 Exporter and Importer ruling letters available
October 24, 2016, at noon Closing of the Record date
October 26, 2016 Disclosure of Exhibit listing to all counsel with disclosure undertakings
October 31, 2016, by noon Case Arguments due from all parties
November 1, 2016 Disclosure of confidential case arguments to all counsel with disclosure undertakings
November 7, 2016, by noon Reply Submissions due from all parties in respect of Case Arguments
November 8, 2016 Disclosure of confidential reply submissions to all counsel with disclosure undertakings
December 5, 2016 Final Determination or termination of the CBSA’s dumping investigation
December 5, 2016 Exporter and Importer ruling letters available
December 20, 2016 Statement of Reasons issued (Final Determination or termination)
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