Acts, regulations and other regulatory information
Delegation of Powers, Duties and Functions - Special Import Measures Act - Amendments
Pursuant to subsection 2(9) of the Special Import Measures ActFootnote 1,
- I hereby authorize an officer holding a position listed in the attached Schedule, or in his or her absence, a person authorized to exercise his or her powers or perform 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 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 1, 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 set out in the attached Schedule.
This instrument amends the previous presidential delegation instrument signed on April 1st, 2019.
Dated at Ottawa, Province of Ontario, this 8th day of November, 2019.
John Ossowski
President
Canada Border Services Agency
Schedule
Amendments to the Delegation of the Powers, Duties and Functions of the President of the Canada Border Services Agency under the Special Import Measures Act (SIMA)
SIMA References | Description of the delegated authorities | Delegated positions |
---|---|---|
New 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
|
New 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. | National headquarters
|
New 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
|
New 60.1(2) |
Publish notice in the prescribed manner. | National headquarters
|
New 63(3) |
Extend the period set out in subsection 63(2) to 45 days. | National headquarters
|
New 63(4) |
Reject the application if any of the prescribed criteria apply. | National headquarters
|
New 63(5) |
Reject the application in the prescribed circumstances. | National headquarters
|
New 63(6) |
Provide written notice to the applicant that their application is rejected and give reasons for the rejection. | National headquarters
|
New 63(7) |
If the application is incomplete, identify the deficiencies in the notice. | National headquarters
|
New 63(8) |
Initiate a scope proceeding with respect to the goods that are the subject of the application. | National headquarters
|
New 64 |
Initiate a scope proceeding with respect to any goods. | National headquarters
|
New 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
|
New 66(1) |
Make a scope ruling and provide reasons for it within the period indicated. | National headquarters
|
New 66(2) |
Extend the period set out in subsection 66(1) to 210 days in the prescribed circumstances. | National headquarters
|
New 66(3) |
Cause the scope proceeding to be terminated in the prescribed circumstances. | National headquarters
|
New 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
|
New 66(5) |
Give written notice to the government of the country of export and the applicant, if any, as specified. | National headquarters
|
New 66(6) |
Take into account any prescribed factors and any other factor considered relevant. | National headquarters
|
New 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
|
New 67(2) |
Review a scope ruling made under subsection 66(1) under prescribed circumstances. | National headquarters
|
New 67(3) |
Confirm, amend or revoke a scope ruling that was reviewed. | National headquarters
|
New 67(4) |
Give written notice of the review as specified. | National headquarters
|
New 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
|
New 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
|
New 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
|
New 72(1) |
If of the opinion that there is evidence 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
|
New 73(1)(a) |
Cause notice to be given and published as specified. | National headquarters
|
New 73(1)(b) |
Publish the reasons for initiating the investigation in the prescribed manner. | National headquarters
|
New 73(2) |
Decide not to cause an investigation to be initiated after receipt of a complaint. | National headquarters
|
New 73(2) |
Send a written notice of the decision and the reasons for it to the complainant. | National headquarters
|
New 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
|
New 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
|
New 74(3) |
Give notice of the publication of the statement of essential facts as specified. | National headquarters
|
New 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
|
New 75(2) |
Take the factors referred to in subsection 66(6) into account in making a decision under subsection 75(1). | National headquarters
|
New 75(3)(a) and (b) |
Give and publish notice as specified. | National headquarters
|
New 75(3)(c) |
Publish the reasons for terminating the investigation in the prescribed manner. | National headquarters
|
New 75.1(1) |
Make a finding of circumvention. | National headquarters
|
New 75.1(1)(a) |
Cause written notice to be given and published as specified. | National headquarters
|
New 75.1(1)(b) |
Publish the reasons for the decision in the prescribed manner. | National headquarters
|
New 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
|
New 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
|
New 75.1(4) |
Include any terms and conditions that are considered appropriate. | National headquarters
|
New 75.2(1) |
Extend the period set out in subsection 75.1(1) to 240 days in prescribed circumstances. | National headquarters
|
New 75.2(2) |
Cause written notice to be given and published as specified. | National headquarters
|
New 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
|
New 75.4(3) |
Not proceed with the interim review requested by the person, government or Tribunal unless satisfied that it is warranted. | National headquarters
|
New 75.4(4) |
Decide not to conduct an interim interview and provide the reasons for it. | National headquarters
|
New 75.4(4) |
Forward a copy of the decision and the reasons for it as specified. | National headquarters
|
New 75.4(5) |
Cause written notice to be given and published as specified. | National headquarters
|
New 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
|
New 75.4(7)(a) and (b) |
Cause written notice to be given and published as specified. | National headquarters
|
New 75.4(7)(c) |
Publish the reasons for the decision in the prescribed manner. | National headquarters
|
New 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
|
New 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
|
New 75.5(2) |
Confirm, amend or revoke a decision reviewed under subsection 75.5(1). | National headquarters
|
New 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
|
New 75.6(4) |
Provide written notice as specified. | National headquarters
|
New 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
|
New 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
|
New 75.6(6)(a) |
Cause notice to be given as specified. | National headquarters
|
New 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
|
New 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
|
New 75.7(2) |
Cause written notice to be given and published as specified. | National headquarters
|
New SIMRFootnote 2 38(d) |
Join more than one application for the purpose of initiating a single scope proceeding. | National headquarters
|
New SIMR 38(e) |
Join more than one scope proceeding and carry them out as a single scope proceeding. | National headquarters
|
New SIMR 38(f) |
Join more than one complaint for the purpose of initiating a single anti-circumvention investigation. | National headquarters
|
New SIMR 38(g) |
Join more than one anti-circumvention investigation and carry them out as a single investigation. | National headquarters
|
New 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
|
New 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
|
New SIMR 40(4) |
Cause written notice to be provided to the complainants and applicants involved, as specified. | National headquarters
|
New 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
|
New SIMR 52.3(2)(d) |
Form an opinion as to whether a person has a substantial interest in the matter. | National headquarters
|
New SIMR 54.3(e) |
Form an opinion as to whether the application is frivolous, vexatious or made in bad faith. | National headquarters
|
New SIMR 54.5(b) |
Form an opinion as to whether there are grounds for making the scope ruling. | National headquarters
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