Canadian International Trade Tribunal Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-89-35/FullText.html

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Canadian International Trade Tribunal Regulations

SOR/89-35CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
Registration 1988-12-27
Regulations Respecting the Canadian International Trade Tribunal
P.C. 1988-2803 1988-12-22Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40 of the Canadian International Trade Tribunal ActFootnote *, is pleased hereby to make the annexed Regulations respecting the Canadian International Trade Tribunal.
Return to footnote *S.C. 1988, c. 56Short Title

1 These Regulations may be cited as the Canadian International Trade Tribunal Regulations.

Interpretation

2 In these Regulations, “Act” means the Canadian International Trade Tribunal Act. (Loi)

3 For the purposes of the Act,

domestic production
domestic production means the value or the volume of like or directly competitive goods produced in Canada; (production nationale)
like or directly competitive goods

like or directly competitive goods means

(a) goods that are identical in all respects to the goods that are the subject of a complaint, or
(b) in the absence of any identical goods referred to in paragraph (a), goods the uses and other characteristics of which closely resemble those goods that are the subject of a complaint; (marchandises similaires ou directement concurrentes)

other interested party

other interested party for the purposes of subsections 19.02(2), 25(2), 26(2), (3) and (4), 28(1) and (3), 29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) and (9), 30.012(7) and (10), 30.06(3), 30.07(2) and (3), 30.09(2), 30.22(4), (5) and (9), 30.23(4), (5) and (9), 30.24(4) and 30.25(8), (9) and (13) of the Act, means

(a) a domestic producer,
(b) an exporter to Canada or importer into Canada of like or directly competitive goods,
(c) an association of, or that includes, domestic producers, exporters or importers in Canada of like or directly competitive goods,
(d) an association whose purpose is to represent the interests of consumers in Canada,
(e) the government of any country, mentioned in the report, complaint or extension request referred to in the relevant subsection, or in respect of which the inquiry referred to in the relevant subsection is held, as the case may be, and
(f) any other person who, because that person’s rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal. (autres intéressés)

SOR/93-600, s. 1;
SOR/95-12, s. 1;
SOR/97-66, s. 1;
SOR/97-324, s. 1;
SOR/2002-347, s. 1;
SOR/2006-160, s. 1.

Previous Version

Quorum

3.1 For the purposes of reviewing and reporting on developments and providing advice pursuant to section 19.02 of the Act, the Chairman may determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions.
SOR/95-27, s. 1.

3.2 In order to provide for the efficient management of the resources and caseload of the Tribunal, the Chairman may, taking into account the complexity and precedential nature of the matter at issue, determine that one member constitutes a quorum of the Tribunal, which member has and may exercise all of the Tribunal’s powers and has and may perform all of the Tribunal’s duties and functions for the purposes of:

(a) conducting inquiries and reporting on requests for textile tariff relief in respect of the Reference made by the Minister to the Tribunal on July 6, 1994 pursuant to section 19 of the Act;
(b) hearing, determining, and dealing with any appeal made to the Tribunal pursuant to the Customs Act; or
(c) hearing, determining and dealing with any appeal made to the Tribunal pursuant to section 81.19 of the Excise Tax Act in respect of an application for a rebate under section 120 of that Act.

SOR/95-27, s. 1;
SOR/96-229, s. 1.

Factors to Be Examined

4 (1) For the purposes of commencing an inquiry under subsection 26(1), 30.07(1), 30.22(3), 30.23(3) or 30.25(7) of the Act, the Tribunal shall, to determine whether paragraph 26(1)(b), 30.07(1)(b), 30.22(3)(b), 30.23(3)(b) or 30.25(7)(b) of the Act, as the case may be, has been satisfied, examine whether a domestic producer is

(a) in reality, a domestic producer who produces in Canada like or directly competitive goods;
(b) related to an exporter or importer of like or directly competitive goods; and
(c) also an importer or exporter of like or directly competitive goods.

(1.1) For the purposes of commencing an inquiry under subsection 30.01(4), 30.011(5) or 30.012(6) of the Act, the Tribunal shall take into account the factors referred to in paragraphs (1)(a) to (c).

(2) For the purposes of paragraph (1)(b), an importer or exporter and a domestic producer are related to each other if

(a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;
(b) one is an officer or director of the other;
(c) each such person is an officer or director of the same two corporations, associations, partnerships or other organizations;
(d) they are partners;
(e) one is the employer of the other;
(f) they directly or indirectly control or are controlled by the same person;
(g) one directly or indirectly controls or is controlled by the other;
(h) any other person directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of each such person; or
(i) one directly or indirectly owns, holds or controls five per cent or more of the outstanding voting stock or shares of the other.

SOR/93-600, s. 2;
SOR/95-12, s. 2;
SOR/97-66, s. 2;
SOR/97-324, s. 2;
SOR/2002-347, s. 2;
SOR/2006-160, s. 2.

Previous Version

5 (1) For the purposes of determining, during an inquiry into a matter referred to the Tribunal under paragraph 20(a) of the Act or an inquiry into a complaint referred to in paragraph 27(1)(a) to (a.2) and (a.4) to (a.97)(b) or subsection 30.28(1) of the Act, whether the goods that are the subject of the reference or complaint are being imported as set out in that provision, the Tribunal must examine, among other factors,

(a) the actual volume of the goods imported into Canada;
(b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and
(c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada.

(2) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(a), whether there has been a significant increase in the importation into Canada of the goods and, where there has been, the rate and amount of such increase, either absolutely or relative to the production in Canada of like or directly competitive goods.

(3) The Tribunal shall consider, with respect to the factor mentioned in paragraph (1)(b),

(a) whether the prices of the imported goods have significantly undercut the prices of like or directly competitive goods produced and sold in Canada; and

(b) whether the effect of the importation into Canada of the goods has been

(i) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or
(ii) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada.

(4) The Tribunal shall evaluate, with respect to the factor mentioned in paragraph (1)(c), all relevant economic factors that have a bearing on domestic producers of like or directly competitive goods, including the actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments.

SOR/93-600, s. 3;
SOR/95-12, s. 3;
SOR/97-66, s. 3;
SOR/97-324, s. 3;
SOR/2010-24, s. 1;
SOR/2011-134, s. 1;
SOR/2012-182, s. 1;
SOR/2013-53, s. 1;
SOR/2014-222, s. 1;
SOR/2014-302, s. 1.

Previous Version

5.1 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(a) of the Act or an inquiry into a complaint referred to in subsection 30.22(6) of the Act, whether the goods originating in the People’s Republic of China that are the subject of the reference or complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, the Tribunal shall examine, among other factors,

(a) the actual volume of the goods originating in the People’s Republic of China that are imported into Canada;
(b) the effect of the imported goods on prices of like or directly competitive goods in Canada; and
(c) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada.

SOR/2002-347, s. 3.

5.2 For the purposes of determining, during an inquiry into a matter referred to the Tribunal pursuant to paragraph 30.21(1)(b) of the Act or an inquiry into a complaint referred to in subsection 30.23(6) of the Act, whether an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Tribunal shall examine, among other factors and to the extent that evidence is reasonably available to support such examination,

(a) the actual or imminent increase in market share of goods originating in the People’s Republic of China in Canada;
(b) the nature or extent of the action;
(c) the actual or imminent increase in the importation of goods originating in the People’s Republic of China that is due to the action;
(d) the conditions of supply and demand in the domestic market for the like or directly competitive goods; and
(e) the volume of the goods originating in the People’s Republic of China that are imported into Canada and into any WTO Member taking an action.

SOR/2002-347, s. 3.

6 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether an order continues to be necessary to prevent or remedy serious injury, the Tribunal shall review recent developments in the domestic and world markets relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.
SOR/95-12, s. 4.

6.1 For the purpose of determining, during an inquiry referred to in subsection 30.25(10) of the Act, whether the order referred to in subsection 30.25(1) of the Act continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Tribunal shall review recent developments in the domestic market and in the market of the People’s Republic of China relating to goods that are like or directly competitive with the goods that are the subject of the order and evaluate the likely effects of the termination of the existing order on the basis of, among others, the factors set out in section 5.1.
SOR/2002-347, s. 4.

7 For the purpose of determining, during an inquiry into an extension request referred to in subsection 30.08(1) of the Act, whether there is evidence that domestic producers of like or directly competitive goods are adjusting, the Tribunal shall take into account evidence of measures undertaken or planned by domestic producers of like or directly competitive goods, such as measures to

(a) increase productivity;
(b) improve the product, its marketing or its servicing; or
(c) rationalize production.

SOR/95-12, s. 4.