Delegations of the Powers of the President of the Canada Border Services Agency under the Special Import Measures Act and Regulations
Pursuant to subsection 2(9) of the Special Import Measures ActFootnote 1
- I hereby authorize the person holding the position of Executive Vice-President of the Canada Border Services Agency, or a person authorized to exercise the powers or perform the duties and functions of this position, to exercise any of the powers or perform any of the duties and functions of the President of the Canada Border Services Agency under the provisions of the Special Import Measures Act and RegulationsFootnote 2 set out in the attached Schedule
- I hereby authorize an officer holding a position listed in the attached Schedule, or in his or her absence, a person carrying out his or her duties and functions, to exercise the powers or perform the duties and functions of the President of the Canada Border Services Agency under the provisions of the Special Import Measures Act and Regulations as set out in the attached Schedule
- I hereby authorize the person who has the direct supervisory responsibility of an officer or person authorized under paragraph 2, in respect of the position held by that officer, to exercise the powers or perform the duties and functions of the President of the Canada Border Services Agency under the provisions of the Special Import Measures Act and Regulations as set out in the attached Schedule
This instrument replaces previous delegation documents and comes into force on the date on which it is signed.
.
Erin O’Gorman
President
Canada Border Services Agency
Schedule
| SIMA references | Description of the delegated authorities | Delegated positions |
|---|---|---|
| 2(1) - Prescribed | In relation to a form, prescribe the form. |
National headquarters
|
| 2(1) - Properly documented | Specify the information that is required from a complainant in addition to the information described in sub-paragraphs (b)(i) and (ii) of the definition of “properly documented”. |
National headquarters
|
| 2(7.3) | Determine whether the subsidy is specific having regard to the factors in paragraphs (a) to (d). |
National headquarters
|
| 2(7.4) |
Consider whether the presence of any of the factors in paragraphs 2(7.3)(a) to (d) is due to the extent of diversification of economic activities within the jurisdiction of the granting authority, or the length of time that the subsidy program has been in operation. Form the opinion whether the presence is due to the factors set out in either paragraph (a) or (b) of this subsection. If the presence is due to the factors set out in either paragraph (a) or (b), find the subsidy not to be specific. If the presence is not due to the factors set out in either paragraph (a) or (b), find the subsidy to be specific. |
National headquarters
|
| 8(1) | Consider whether the imposition of provisional duty is necessary to prevent injury, retardation or threat of injury. |
National headquarters
|
| 10 | Form an opinion as to what portion of the margin of dumping is attributable to an export subsidy. |
National headquarters
|
| 12(2) | Conclude that, due to a clerical or arithmetical error, duty was paid that should not have been paid. |
National headquarters
Regions Senior Officer Trade Compliance |
| 12(2) | Return an overpayment to an importer or owner of the goods. |
National headquarters
|
| 13.2(3) |
Initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, after receiving a request to do so. Either confirm or amend the value, price or amount on completion of the review. |
National headquarters
|
| 13.2(3.1) | Initiate a review in respect of a request under subsection 13.2(1.1) of the normal value, export price or amount of subsidy in respect of goods to which an order or finding referred to in subsection 3(1.1) or 3(1.2) applies, as the case may be. |
National headquarters
|
| 15(d) |
Select a period of 60 days or specify a period of 60 days or longer. Form an opinion whether the nature of the trade or the fact that the goods are sold for future delivery requires that sales during a period preceding the date of sale or delivery to the importer be taken into account. |
National headquarters
|
| 16(1)(a) | Form an opinion whether there was such a number of sales of like goods made by the exporter at the place described in paragraph 15(e) as to permit a proper comparison with the sale to the importer. |
National headquarters
|
| 16(1)(b) | Form an opinion whether there was such a number of sales to purchasers at the same or substantially the same trade level as the importer as to permit a proper comparison with the sale to the importer. |
National headquarters
|
| 16(1)(c) |
Form an opinion whether there was not, by reasons set out in subparagraph (i) or (ii), such a number of sales as to permit a proper comparison with the sale to the importer. Specify one or more vendors who shall be deemed to be the exporter. |
National headquarters
|
| 16(2)(b) | Determine a period of not less than six months. |
National headquarters
|
| 16(2)(c) |
Form an opinion whether a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada. Form a further opinion whether this determination of particular market situation has impacted the acquisition cost of an input and the purchase price of the input does not reasonably reflect its actual cost, such that section 11.2(2) of the Special Import Measures Regulations is applicable. |
National headquarters
|
| 17 | Exercise the option to apply either paragraph 17(a) or (b). |
National headquarters
|
| 17(b) | Form an opinion whether the price is representative of the prices at which like goods were sold during the period. |
National headquarters
|
| 18 | Form an opinion whether goods are being imported without a trademark in order to avoid the operation of section 15 and whether it is probable that a trademark will subsequently be applied. |
National headquarters
|
| 19 |
Form an opinion whether there was such a number of sales that comply with the terms and conditions in section 15 or subsection 16(1) as to permit a proper comparison with the sale to the importer. Exercise the option to apply either paragraph 19(a) or (b). Form an opinion whether the price of goods sold by the exporter to importers in any country other than Canada fairly reflects the market value of goods. |
National headquarters
|
| 20(1)(a) | Form the opinion whether goods shipped directly to Canada from a prescribed country where the government substantially determines the domestic prices that are not the same as they would be if determined in a competitive market. |
National headquarters
|
| 20(1)(b) | Form an opinion whether goods are shipped directly to Canada from a country where the government has a monopoly or substantial monopoly of its export trade and substantially determines domestic prices in that country that are not the same as they would be if determined in a competitive market. |
National headquarters
|
| 20(1)(c) |
Designate any country other than Canada for the application of subparagraph (i) or (ii). Designate the application of either subparagraph (i) or (ii). Form an opinion whether sufficient information has been furnished or is available to enable the normal value to be determined. |
National headquarters
|
| 20(1)(d) | Designate any country other than Canada or the country from which the goods were shipped directly to Canada. |
National headquarters
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| 20(2) | Refuse to designate a country if the conditions in paragraph (a) or (b) are met. |
National headquarters
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| 20(2)(a) | Form an opinion whether certain goods are dumped. |
National headquarters
|
| 20(2)(b) | Form an opinion whether the price has been influenced by a country described in paragraphs (1)(a) and (b). |
National headquarters
|
| 25(1)(b) | Form an opinion whether the export price as determined under section 24 is unreliable by reasons set out in subparagraph (i) or (ii). |
National headquarters
|
| 25(2) | Form an opinion whether the export price, without making a deduction for duties referred to in subparagraph 25(1)(c)(i) or (1)(d)(v), is equal to or greater than the normal value of the goods. |
National headquarters
|
| 29(1) | Form an opinion whether sufficient information has been furnished or is available to enable the determination of the normal value or export price as provided in sections 15 to 28. |
National headquarters
Regions Senior Officer Trade Compliance |
| 30.2(2) |
Form an opinion whether there are significant variations in the prices of goods from a particular exporter among: purchasers; regions in Canada; or time periods. Determine the margin of dumping in relation to any goods from that exporter to be the weighted average of the margins of dumping in relation to individual sales of goods of that exporter. Consider which individual sales are relevant to the determination of the margin of dumping in relation to any goods from an exporter. |
National headquarters
|
| 30.3(1) |
Form an opinion whether it would be impracticable to determine a margin of dumping in relation to all goods under consideration because of the factors listed in this subsection. Determine whether to apply paragraph (a) or (b). Determine margins of dumping in relation to paragraph (a) or (b). |
National headquarters
|
| 30.3(1)(a) | Form an opinion as to the largest percentage of goods that can reasonably be investigated. |
National headquarters
|
| 30.3(1)(b) | Form an opinion whether samples of the goods from each of the countries whose goods are under consideration are statistically valid. |
National headquarters
|
| 30.3(2) | Determine a margin of dumping in relation to any goods under consideration that were not included in the percentage or sample referred to in subsection 30.3(1) where paragraphs (a) and (b) apply. |
National headquarters
|
| 30.3(2)(b) | Form an opinion whether it is practicable to determine margins of dumping. |
National headquarters
|
| 30.4(2) | Form an opinion whether sufficient information has been provided or is otherwise available to enable the determination of the amount of subsidy in the prescribed manner. |
National headquarters
Regions Senior Officer Trade Compliance |
| 31(1) |
Cause an investigation to be initiated respecting the dumping or subsidizing of any goods. Be of the opinion there is evidence that the goods have been dumped or subsidized, and that discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury. |
National headquarters
|
| 31(6) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 31(7) | Cause an investigation to be initiated respecting the dumping or subsidizing of any goods described in a notice from the Tribunal pursuant to section 46. |
National headquarters
|
| 31(8) | Initiate an investigation respecting the dumping or subsidizing of goods after receipt of advice from the Tribunal, pursuant to a reference under subsection 33(2), that the evidence discloses a reasonable indication of injury, retardation, or the threat of injury. |
National headquarters
|
| 31.1(2) | Initiate an investigation where there is a determination by the Committee or an arbitration body that a subsidy is not a non-actionable subsidy. |
National headquarters
|
| 31.1(3) | Initiate an investigation with respect to a subsidy where the Committee or an arbitration body makes a re-determination that the subsidy is no longer a non-actionable subsidy. |
National headquarters
|
| 31.1(4) | Form an opinion whether: a subsidy that was not notified to the Committee is non-actionable; or a subsidy that was non-actionable may, as a result of substantial modification to the nature or delivery of the subsidy, no longer be non-actionable. |
National headquarters Vice-President, Commercial and Trade Branch |
| 31.1(4) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 32(1) |
Determine whether a complaint is properly documented. Where the complaint is properly documented, cause the complainant to be informed in writing of its receipt and that it is properly documented. Where the complaint is not properly documented, cause the complainant to be informed in writing of its receipt and of the information and material that is needed in order for the complaint to be properly documented. |
National headquarters
|
| 32(1.1) | Where the complaint is properly documented, cause the government of the country of export to be informed in writing of its receipt and that it is properly documented. |
National headquarters
|
| 33(1) | Decide not to cause an investigation to be initiated following receipt of a properly documented complaint. |
National headquarters
|
| 33(1) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 33(2) |
Form an opinion whether the evidence discloses a reasonable indication that the dumping or subsidizing has caused injury or retardation or is threatening to cause injury. Refer the question of injury to the Tribunal after deciding not to cause an investigation to be initiated. |
National headquarters
|
| 34(1)(a) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 34(1)(b) | Provide the Tribunal with the information and material as required under the rules of the Tribunal. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 35(1)(a) | Conclude that the actual and potential volume of goods is negligible. |
National headquarters
|
| 35(2) | Cause an investigation to be terminated. |
National headquarters Vice-President, Commercial and Trade Branch |
| 35(2)(b) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 35.1(1)(a) | Cause an investigation initiated under section 31 to be terminated in relation to the dumping of goods of Chile. |
National headquarters Vice-President, Commercial and Trade Branch |
| 35.1(2) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 37(a) | Provide the Tribunal with such information and material as required under the rules of the Tribunal. |
National headquarters
|
| 38(1) | Make a preliminary determination of dumping or subsidizing. |
National headquarters
|
| 38(1)(a) | Estimate and specify, in relation to each exporter of the goods, the information listed in subparagraphs (i) and (ii). |
National headquarters
|
| 38(1)(b) | Estimate and specify, in relation to each exporter of the goods, the information listed in subparagraphs (i), (ii) and (iii). |
National headquarters
|
| 38(1)(c) | Form the belief as to who, on the basis of the information available, is the importer in Canada and specify the name. |
National headquarters
|
| 38(1.1) | Determine that the margin of dumping of, or the amount of subsidy on, any goods of a particular exporter is insignificant. |
National headquarters
|
| 38(2) |
Form an opinion whether the provision of an export subsidy is not inconsistent with a country’s obligations under the General Agreement on Tariffs and Trade 1994. Refuse to specify or estimate anything pursuant to subparagraph (1)(b)(iii) after having regard to the matters specified in the subsection. |
National headquarters
|
| 38(3) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 39(1) | Extend the time period referred to in section 38 to 135 days. |
National headquarters
|
| 39(1) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 39(1)(d) | Form an opinion whether circumstances make it unusually difficult to make a decision within ninety days. |
National headquarters
|
| 39(2) | Cause notice to be published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 41(1)(a) |
Conclude, in respect of any goods of a particular exporter, that there has been no dumping or subsidizing or that the margin of dumping of, or amount of subsidy on, those goods is insignificant. Cause an investigation, in respect of any goods of a particular exporter, to be terminated where it is concluded that there has been no dumping or subsidizing or the margin of dumping of, or amount of subsidy on, those goods is insignificant. |
National headquarters Vice-President, Commercial and Trade Branch |
| 41(1)(b) | Conclude that the goods have been dumped or subsidized. Make a final determination of dumping or subsidizing in respect of the goods that are the subject of an investigation and for which the investigation was not terminated under paragraph 41(1)(a). |
National headquarters Vice-President, Commercial and Trade Branch |
| 41(1)(b)(i) and (ii) | Specify, in relation to each exporter of the goods, the information listed in subparagraphs (i) and (ii). |
National headquarters
|
| 41(2) |
Form an opinion whether the provision of an export subsidy is not inconsistent with a country's obligations under the General Agreement on Tariffs and Trade 1994. Refuse to specify anything pursuant to clause (1)(b)(ii)(C) after having regard to the matters specified in the subsection. |
National headquarters
|
| 41(3) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 41(4) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 41.1(1) | Reconsider the matter and make a new final determination or decision where a final determination or decision is referred back by a Court. |
National headquarters Vice-President, Commercial and Trade Branch |
| 41.1(1)(b) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 41.1(2) | Where a final determination or decision is referred back by a Bi-national Panel, reconsider the final determination or decision and confirm or rescind it or, in the case of a final determination, vary it. |
National headquarters Vice-President, Commercial and Trade Branch |
| 41.1(2)(b) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 41.1(3) | Reconsider a final determination or decision within such period as is specified by the panel or the Federal Court of Appeal or, in the case of the Court of Appeal, within 90 days if a period is not specified. |
National headquarters Vice-President, Commercial and Trade Branch |
| 41.1(4)(b) | Resume the investigation that was terminated. |
National headquarters Vice-President, Commercial and Trade Branch |
| 41.2 | Take into account the provisions of paragraphs 10 and 11 of Article 27 of the Subsidies Agreement. |
National headquarters
|
| 49(1) |
Form an opinion whether observance of the undertaking(s) will eliminate the margin of dumping or the amount of subsidy or any injury, retardation or threat of injury that is being caused by the dumping or subsidizing. Accept an undertaking. |
National headquarters Vice-President, Commercial and Trade Branch |
| 49(2) | Refuse to accept an undertaking where: the price to importers in Canada will increase by more than the estimated margin of dumping or amount of subsidy; a preliminary determination has not been issued; or, it is not practicable to administer the undertaking. |
National headquarters
|
| 49(2)(a) | Form an opinion whether observance of the undertaking will cause the price at which the goods will be sold to importers in Canada to increase by more than the estimated margin of dumping or amount of subsidy. |
National headquarters
|
| 49(2)(c) | Form an opinion whether it would be practicable to administer the undertaking. |
National headquarters
|
| 49(4) | Refuse to accept an undertaking by reason of it being offered after such period of time as is prescribed for purposes of this subsection. |
National headquarters
|
| 49(5) | Consider any representations received from the importer, exporter, and government of the country of export or any other interested person. |
National headquarters
|
| 50(a)(i) and (iv) | Cause notice to be given and published as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 50(a)(ii) and (iii) |
After accepting an undertaking, cause to suspend:
|
National headquarters Vice-President, Commercial and Trade Branch |
| 51(1) | Terminate an undertaking where a written request is made by a party identified in either paragraph (a) or (b) within 30 days after the date of notice of acceptance of the undertaking. |
National headquarters
|
| 51(2) | Cause the investigation to be resumed where an undertaking has been terminated under subsection 51(1). |
National headquarters
|
| 51(2) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 51.1 |
Form an opinion whether observance of the undertaking will cause the selling price to importers in Canada to increase by more than the estimated margin of dumping or amount of subsidy. Accept an undertaking from an exporter or government that had not previously offered one. |
National headquarters
|
| 52(1)(a) | Conclude that an undertaking has been or is being violated. |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(1)(b) and (c) | Conclude that the undertaking would not have been accepted if information (now) available was available, or circumstances (now) prevailing had prevailed, at the time of acceptance of the undertaking. |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(1)(d) | Terminate the undertaking for any of the reasons specified in paragraphs (a), (b) or (c). |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(1)(e) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 52(1)(f) | Cause the investigation to be resumed, where it has been suspended. |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(1.1)(d) | Terminate the undertaking or undertakings in respect of the goods for the reasons specified in paragraph (a), (b) or (c). |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(1.1)(e) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 52(1.2) |
Conclude that, notwithstanding the termination of the undertaking(s), the conditions in paragraph 49(1)(a) or (b) would no longer exist. Terminate the undertakings when satisfied that certain conditions no longer exist. |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(1.3) | Direct that all proceedings not be terminated despite the termination of an undertaking. |
National headquarters Vice-President, Commercial and Trade Branch |
| 52(2) |
Determine whether the undertakings that have not been and are not being violated account for substantially all the imports into Canada of the goods. Decline to take any action under subsection (1) unless there is good reason to. |
National headquarters Vice-President, Commercial and Trade Branch |
| 53(1) |
Conclude that the undertaking continues to serve the purpose for which it was intended and it does not have to be terminated. Renew an undertaking, subject to the provisions referred to in this subsection. |
National headquarters Vice-President, Commercial and Trade Branch |
| 53(3) | Direct that all proceedings not be terminated despite the termination of an undertaking. |
National headquarters Vice-President, Commercial and Trade Branch |
| 53(4) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 53.1(1)(a)(i) | Reconsider the matter and make a new decision where a decision to renew or not to renew is set aside and the matter is referred back by a court. |
National headquarters Vice-President, Commercial and Trade Branch |
| 53.1(1)(a)(ii) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 53.1(2)(a)(i) | Reconsider the decision and confirm, rescind or vary it where a decision to renew or not to renew is referred back by a panel. |
National headquarters Vice-President, Commercial and Trade Branch |
| 53.1(2)(a)(ii) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 55(1) | Cause a designated officer to determine whether the goods are goods of the same description as goods described in an order or finding and the normal value, export price or amount of subsidy on the goods, and, where applicable, the amount of export subsidy. |
National headquarters
|
| 55.1(1) | Cause a designated officer to determine whether the goods are goods of the same description as goods described in an order and the normal value, export price or amount of subsidy on the goods, and, where applicable, the amount of export subsidy. |
National headquarters
|
| 59(1) | Re-determine any determination or re-determination referred to in sections 55, 56, 57 or 59 in accordance with the provisions of paragraphs (a), (b), (c), (d), (e). |
National headquarters
|
| 59(1)(e) | Deem it advisable to re-determine a determination or re-determination within two years. |
National headquarters
|
| 59(1.1) | Re-determine any re-determination in accordance with paragraph (a) or (b). |
National headquarters
|
| 59(2) | Re-determine any determination or re-determination referred to in sections 55, 56, 57 or 59 at any time for the purpose of giving effect to a decision of a panel under Part I.1 or II. |
National headquarters
|
| 59(3) | Re-determine a determination made under subsection 55 or a re-determination made under paragraph 57(a) or (b) within one year when a request has been made under the appropriate section of the Act. |
National headquarters
|
| 59(3.1) | Cause notice to be forwarded as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate
|
| 59(4) | Cause notice to be forwarded as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate
|
| 60(2) | Form an opinion whether: the goods were resold by the person referred to in paragraph 25(1)(c) who purchased the goods from the importer or by a subsequent purchaser at a price that is lower than the total of the price at which the seller acquired the goods and the administrative, selling and all other costs directly or indirectly attributable to the sale of the goods; and the export price, determined under section 24, of the goods is unreliable for a reason set out in subparagraph 25(1)(b)(ii). |
National headquarters
|
| 60.1(2) | Publish notice in the prescribed manner. |
National headquarters
|
| 62(1) | Appeal to the Federal Court of Appeal on a question of law. |
National headquarters
|
| 63(3) | Extend the period set out in subsection 63(2) to 45 days. |
National headquarters
|
| 63(4) | Reject the application if any of the prescribed criteria apply. |
National headquarters
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| 63(5) | Reject the application in the prescribed circumstances. |
National headquarters
|
| 63(6) | Provide written notice to the applicant that their application is rejected and give reasons for the rejection. |
National headquarters
|
| 63(7) | If the application is incomplete, identify the deficiencies in the notice. |
National headquarters
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| 63(8) | Initiate a scope proceeding with respect to the goods that are the subject of the application. |
National headquarters
|
| 64 | Initiate a scope proceeding with respect to any goods. |
National headquarters
|
| 65 | Provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers. |
National headquarters
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| 66(1) | Make a scope ruling and provide reasons for it within the period indicated. |
National headquarters
|
| 66(2) | Extend the period set out in subsection 66(1) to 210 days in the prescribed circumstances. |
National headquarters
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| 66(3) | Cause the scope proceeding to be terminated in the prescribed circumstances. |
National headquarters
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| 66(4) | Indicate the date a scope ruling comes into effect if it does not take effect on the day it is made, and include any terms and conditions that are considered appropriate. |
National headquarters
|
| 66(5) | Give written notice to the government of the country of export and the applicant, if any, as specified. |
National headquarters
|
| 66(6) | Take into account any prescribed factors and any other factor considered relevant. |
National headquarters
|
| 67(1) | Review a scope ruling made under subsection 66(1) to give effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada. |
National headquarters
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| 67(2) | Review a scope ruling made under subsection 66(1) under prescribed circumstances. |
National headquarters
|
| 67(3) | Confirm, amend or revoke a scope ruling that was reviewed. |
National headquarters
|
| 67(4) | Give written notice of the review as specified. |
National headquarters
|
| 70(1) | Apply a scope ruling to any determination made under section 55 in accordance with the provisions of this subsection, when a written request has been made under paragraph (a) or (b), and make a decision within one year after the day on which the request was made in accordance with subsection 70(6). |
National headquarters
|
| 70(3) | Apply a scope ruling to any redetermination made under section 57 or paragraph 59(1)(a) or (e) in accordance with the provisions of this subsection, when a written request has been made under paragraph (a) or (b), and make a decision within one year after the day on which the request was made in accordance with subsection 70(6). |
National headquarters
|
| 70(5) | If deemed advisable, apply a scope ruling to a determination made under section 55 or a re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) in accordance with the provisions of this subsection. |
National headquarters
|
| 72(1) | If of the opinion that there is evidence disclosing a reasonable indication that circumvention is occurring, cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7 of the Act. |
National headquarters
|
| 73(1)(a) | Cause notice to be given and published as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 73(1)(b) | Publish the reasons for initiating the investigation in the prescribed manner. |
National headquarters
|
| 73(2) | Decide not to cause an investigation to be initiated after receipt of a complaint. |
National headquarters
|
| 73(2) | Send a written notice of the decision and the reasons for it to the complainant. |
National headquarters
|
| 74(1) | Publish, in the prescribed manner, a statement of essential facts that includes the information set out in paragraphs (a) and (b). |
National headquarters
|
| 74(1)(a) and (b) | Make a preliminary assessment of whether the evidence discloses a reasonable indication of circumvention and a summary of the facts relied on in making that assessment. |
National headquarters
|
| 74(3) | Give notice of the publication of the statement of essential facts as specified. |
National headquarters
|
| 75(1) | Terminate the investigation if satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies. |
National headquarters
|
| 75(2) | Take the factors referred to in subsection 66(6) into account in making a decision under subsection 75(1). |
National headquarters
|
| 75(3)(a) and (b) | Give and publish notice as specified. |
National headquarters
|
| 75(3)(c) | Publish the reasons for terminating the investigation in the prescribed manner. |
National headquarters
|
| 75.1(1) | Make a finding of circumvention. |
National headquarters
|
| 75.1(1)(a) | Cause written notice to be given and published as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 75.1(1)(b) | Publish the reasons for the decision in the prescribed manner. |
National headquarters
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| 75.1(1)(c) | Where there is a finding of circumvention, file with the Tribunal the decision, the reasons and any other material as required under the rules of the Tribunal. |
National headquarters
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| 75.1(2) | Be satisfied on the available evidence that the importation of some or all of the goods in question constitutes circumvention. |
National headquarters
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| 75.1(4) | Include any terms and conditions that are considered appropriate. |
National headquarters
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| 75.2(1) | Extend the period set out in subsection 75.1(1) to 240 days in prescribed circumstances. |
National headquarters
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| 75.2(2) | Cause written notice to be given and published as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 75.4(1) | Conduct an interim review of, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, a decision made under subsection 75.1(1) or any aspect of such a decision. |
National headquarters
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| 75.4(3) | Not proceed with the interim review requested by the person, government or Tribunal unless satisfied that it is warranted. |
National headquarters
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| 75.4(4) | Decide not to conduct an interim interview and provide the reasons for it. |
National headquarters
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| 75.4(4) | Forward a copy of the decision and the reasons for it as specified. |
National headquarters
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| 75.4(5) | Cause written notice to be given and published as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 75.4(6) | Make a decision and give reasons, on completion of an interim review, rescinding the decision under review or confirming it, with or without amendment. |
National headquarters
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| 75.4(7)(a) and (b) | Cause written notice to be given and published as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 75.4(7)(c) | Publish the reasons for the decision in the prescribed manner. |
National headquarters
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| 75.4(7)(d) | As required, file with the Tribunal: the decision, the reasons for the decision and any other material as required under the rules of the Tribunal. |
National headquarters
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| 75.5(1) | Review a decision or determination made under subsections 75.1(1), 75.4(6) or 75.6(5) to give effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada. |
National headquarters
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| 75.5(2) | Confirm, amend or revoke a decision reviewed under subsection 75.5(1). |
National headquarters
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| 75.6(3) | If satisfied that a review is warranted, initiate a review, on an expedited basis, in order to determine whether goods from the exporter may be exempt from the extension of duties, after receiving a request to do so. |
National headquarters
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| 75.6(4) | Provide written notice as specified. |
National headquarters
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| 75.6(5)(a) | If satisfied that circumvention is occurring, make a determination that the goods from the exporter are subject to the extension of duties. |
National headquarters
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| 75.6(5)(b) | If satisfied that no circumvention is occurring, make a determination that the goods from the exporter are exempt from the extension of duties. |
National headquarters
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| 75.6(6)(a) | Cause notice to be given as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 75.6(6)(b) | Cause to be filed with the Tribunal: written notice of the determination, stating the reasons for the determination, and any other material as required under the rules of the Tribunal. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 75.7(1) | Terminate an investigation or review in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review. |
National headquarters
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| 75.7(2) | Cause written notice to be given and published as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| 76.01(1) | Request the Tribunal to conduct an interim review of an order or finding or an aspect of an order or finding described in sections 3 to 6. |
National headquarters Vice-President, Commercial and Trade Branch |
| 76.02(1) | Request the Tribunal to review an order or finding, other than one described in sections 3 to 6. |
National headquarters Vice-President, Commercial and Trade Branch |
| 76.03(3)(b) | Request the Tribunal to initiate an expiry review. |
National headquarters Vice-President, Commercial and Trade Branch |
| 76.03(7)(a) | Determine whether the expiry of the order or finding is likely to result in the continuation or resumption of dumping or subsidizing. |
National headquarters
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| 76.03(7)(b) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 76.03(9) | Provide the Tribunal with any information and material that is required under the rules of the Tribunal. |
National headquarters
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| 76.1(1)(a) | Review any decision, determination or re-determination or any portion of a decision, determination or re-determination made under the Act. |
National headquarters Vice-President, Commercial and Trade Branch |
| 76.1(2) |
Continue the decision, determination or re-determination with or without amendment or rescind the decision, determination or re determination and make another one. Consider whether it is necessary to amend or rescind a decision, determination or re determination and make another one. |
National headquarters Vice-President, Commercial and Trade Branch |
| 76.1(3) | Give reasons for the action taken under subsection (2) and specify the goods and, where practicable, the name of the supplier and the country of export to which the decision, determination or re-determination applies. |
National headquarters Vice-President, Commercial and Trade Branch |
| 76.1(4) | Notify the Minister of Finance of any decision, determination or re-determination continued or made under subsection (2). |
National headquarters Vice-President, Commercial and Trade Branch |
| 78(1) |
Form the belief, on reasonable grounds, that a person in Canada is able to provide evidence relevant to: any proceedings undertaken before the initiation of an investigation; the investigation; or the estimation of duty. Require, in writing, the person to provide evidence relevant to an investigation. |
National headquarters
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| 78(2) | Include in the written notice: sufficient information for the person to identify the evidence required; the time within which and the manner and form in which the evidence is to be provided; and a copy or summary of this section and sections 82 to 85. |
National headquarters
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| 78(5) | Extend the time within which the evidence is to be provided. |
National headquarters
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| 81(1) | Require, in writing, any person in Canada to whom goods are sold to pay a sum not exceeding the amount of duty payable. |
National headquarters
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| 83.1 | Where information is provided to the President for purposes of any proceedings under this Act in respect of goods of a CUSMA country and on receipt of a request from the government of that CUSMA country, provide copies of any such information that is requested that is in documentary form or that is in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 84(1) applies. |
National headquarters
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| 84(2)(b) | Disclose information for purposes of proceedings before a panel or Appellate Body of the WTO. |
National headquarters
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| 84(3) |
Disclose confidential information to counsel for a party to proceedings under this Act. Specify the manner and time for release of the confidential information. Determine conditions that are reasonably necessary to ensure that the information will not be disclosed or made available to any party mentioned in paragraph (a) or (b), without the consent of the person who submitted it. |
National headquarters
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| 84(3.1) |
(Form the opinion) whether the disclosure might result in material harm to the business or affairs of the person who designated the information confidential. Decide not to disclose confidential information to counsel for a party to proceedings under the Act. |
National headquarters
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| 85(2)(b) | Decide whether a non-confidential edited version or a non-confidential summary of the information designated as confidential pursuant to paragraph 85(1)(a) complies with paragraph 85(1)(b). |
National headquarters
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| 85(2)(d) | Decide whether an explanation given in respect of a statement provided under paragraph 85(1)(b) justifies the statement. |
National headquarters
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| 86(1) and (2) | Consider whether the designation of information as confidential is warranted. |
National headquarters
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| 86(1) | Cause a person who has failed to comply with paragraph 85(1)(b) to be informed of such failure; the grounds of the failure and the application of subsection 87(3) if corrective action is not taken. |
National headquarters
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| 86(2) | If the confidential designation is unwarranted, cause the person to be so notified, the reasons for that decision and, where the person has failed to comply with paragraph 85(1)(b), inform the person. |
National headquarters
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| 87(1) | Disregard information where the conditions in paragraph (a) or (b) have not been met and the information is not obtained elsewhere. |
National headquarters
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| 87(2) | Consider again whether, taking into account an explanation or further explanation provided, the designation of information as confidential is warranted, and if it is not warranted, cause the person providing it to be notified that the information will not be taken into account. |
National headquarters
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| 87(3) |
Allow additional time for a person who has failed to comply with paragraph 85(1)(b) to take corrective action. If the person does not comply with paragraph 85(1)(b) at the expiration of the time allowed, cause the person to be notified that the information will not be taken into account. |
National headquarters
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| 89(1) | Request the Tribunal for a ruling on who is the importer. |
National headquarters
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| 89(2) | Provide the Tribunal with the information required in paragraphs (a), (b) and (c). |
National headquarters
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| 89(2)(c) | Determine any additional information that may be useful to the Tribunal. |
National headquarters
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| 89(2)(d) | Give notice of the request to such persons as the rules of the Tribunal require or as the Tribunal may require. |
National headquarters
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| 91(1)(d)(i) | Reconsider any final determination of dumping or subsidizing, and confirm the final determination, rescind it or make amendments to it. |
National headquarters Vice-President, Commercial and Trade Branch |
| 91(1)(d)(ii) | Cause notice to be given and other actions to be taken as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| 91(1)(e) | Take the action required in section 41 within 60 days of the Tribunal’s ruling. |
National headquarters Vice-President, Commercial and Trade Branch |
| 91(1)(f) | Cause an investigation to be commenced. |
National headquarters
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| 91(1)(g) | Request that the Tribunal reconsider an order or finding made as a result of the inquiry referred to in paragraph 90(c). |
National headquarters Vice-President, Commercial and Trade Branch |
| 95 | Provide any person interested in the importation of goods with the name of the importer of the goods. |
National headquarters
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| 96 |
Form the belief (on reasonable grounds) that goods sold to an importer in Canada or goods located, or in the course of production out of Canada, are or may be of the same description as goods to which an order or finding of the Tribunal applies and will or may be imported into Canada. Determine what information will be useful for the purposes of estimating a margin of dumping of or the amount of subsidy on the goods and seek such information. Determine an appropriate manner and form for seeking the information. |
National headquarters
Regions Senior Officer Trade Compliance |
| SIM Regulations 37.2(1) | Consider the factors identified in paragraphs (a) to (j) when making a decision under paragraph 76.03(7)(a) of the Act. |
National headquarters
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| SIMRFootnote 4 38(a) | Join more than one properly documented complaint for the purpose of initiating a single investigation. |
National headquarters
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| SIMR 38(c) | Join more than one dumping or subsidy investigation or one or more dumping and subsidy investigations and carry out one investigation. |
National headquarters
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| SIMR 38(d) | Join more than one application for the purpose of initiating a single scope proceeding. |
National headquarters
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| SIMR 38(e) | Join more than one scope proceeding and carry them out as a single scope proceeding. |
National headquarters
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| SIMR 38(f) | Join more than one complaint for the purpose of initiating a single anti-circumvention investigation. |
National headquarters
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| SIMR 38(g) | Join more than one anti-circumvention investigation and carry them out as a single investigation. |
National headquarters
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| SIMR 38(h) | Join one or more applications for a scope ruling and one or more complaints respecting circumvention for the purpose of initiating a single anti-circumvention investigation, which includes consideration of the issue of scope. |
National headquarters
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| SIMR 38(i) | Join one or more scope proceedings and one or more anti-circumvention investigations and carry out as a single anti-circumvention investigation, which includes consideration of the issue of scope. |
National headquarters
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| SIMR 40(1) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| SIMR 40(3) | Cause notice to be given as specified. |
National headquarters Director General, Trade and Anti-dumping Programs Directorate |
| SIMR 40(4) | Cause written notice to be provided to the complainants and applicants involved, as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| SIMR 40(5) | Cause written notice to be provided to the complainants, applicants, importers, exporters, government of each country of export and domestic producers involved, as specified. |
National headquarters Director, Trade and Anti-dumping Programs Directorate |
| SIMR 52.3(2)(d) | Form an opinion as to whether a person has a substantial interest in the matter. |
National headquarters
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| SIMR 54.3(e) | Form an opinion as to whether the application is frivolous, vexatious or made in bad faith. |
National headquarters
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| SIMR 54.5(b) | Form an opinion as to whether there are grounds for making the scope ruling. |
National headquarters
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