Canadian International Trade Tribunal Act

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Sections1,004

• 1Short title

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

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]Repealed

  Chairman[Repealed, 1999, c. 12, s. 53]

• 2(1)[p4]

  Chairperson means the Chairperson of the Tribunal; (Version anglaise seulement)

• 2(1)[p5]

  member means a permanent member, temporary member or substitute member of the Tribunal; (membre)

• 2(1)[p6]

  Minister means the Minister of Finance; (ministre)

• 2(1)[p7]

  prescribed means prescribed by regulations; (Version anglaise seulement)

• 2(1)[p8]

  President means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act; (président)

• 2(1)[p9]

  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; (dommage grave)

• 2(1)[p10]

  textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)

• 2(1)[p11]

  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; (menace de dommage grave)

• 2(1)[p12]

  trade union means an employee organization that has been certified under federal or provincial law, or recognized by the employer, as a bargaining agent; (syndicat)

• 2(1)[p13]

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

• 2(1)[p14]

  World Trade Organization Agreement has the meaning given to the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)

• 2(2)Same meaning

  In this Act,

• 2(2)(a)

  Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and

• 2(2)(b)

  CUSMA country means a country that is a party to the Agreement.

• 2(2.1)Same meaning

  In this Act,

• 2(2.1)(a)

  CIFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Israel Free Trade Agreement Implementation Act;

• 2(2.1)(b)

  Canada–Israel Free Trade Agreement Tariff means the rates of customs duty referred to in section 50 of the Customs Tariff; and

• 2(2.1)(c)

  imported from Israel or another CIFTA beneficiary and Israel or another CIFTA beneficiary have the same meaning as in subsection 2(1) of the Customs Tariff.

• 2(2.2)Definition of Panama Tariff

  In this Act, Panama Tariff means the rates of customs duty referred to in section 49.41 of the Customs Tariff.

• 2(3)Same meaning

  In this Act,

• 2(3)(a)

  CCFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; and

• 2(3)(b)

  Chile Tariff means the rates of customs duty referred to in section 46 of the Customs Tariff.

• 2(3.1)Definition of Colombia Tariff

  In this Act, Colombia Tariff means the rates of customs duty referred to in section 49.01 of the Customs Tariff.

• 2(4)Same meaning

  In this Act,

• 2(4)(a)

  CCRFTA has the same meaning as Agreement in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act; and

• 2(4)(b)

  Costa Rica Tariff means the rates of customs duty referred to in section 49.1 of the Customs Tariff.

• 2(4.1)Same meaning

  In this Act,

• 2(4.1)(a)

  EFTA state has the same meaning as in subsection 2(1) of the Canada–EFTA Free Trade Agreement Implementation Act;

• 2(4.1)(b)

  Iceland Tariff means the rates of customs duty referred to in section 52.1 of the Customs Tariff;

• 2(4.1)(c)

  Norway Tariff means the rates of customs duty referred to in section 52.2 of the Customs Tariff; and

• 2(4.1)(d)

  Switzerland–Liechtenstein Tariff means the rates of customs duty referred to in section 52.3 of the Customs Tariff.

• 2(4.2)Definition of Peru Tariff

  In this Act, Peru Tariff means the rates of customs duty referred to in section 49.5 of the Customs Tariff.

• 2(4.3)Definition of Jordan Tariff

  In this Act, Jordan Tariff means the rates of customs duty referred to in section 52.4 of the Customs Tariff.

• 2(4.4)Definitions

  In this Act,

• 2(4.4)(a)

  CHFTA has the same meaning as Agreement in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; and

• 2(4.4)(b)

  Honduras Tariff means the rates of customs duty referred to in section 49.6 of the Customs Tariff.

• 2(4.5)Definitions

  In this Act,

• 2(4.5)(a)

  CKFTA has the same meaning as Agreement in section 2 of the Canada–Korea Economic Growth and Prosperity Act; and

• 2(4.5)(b)

  Korea Tariff means the rates of customs duty referred to in section 49.7 of the Customs Tariff.

• 2(4.6)Repealed

  [Repealed, 2024, c. 3, s. 28]

• 2(4.7)Definitions

  In this Act,

• 2(4.7)(a)

  CPTPP has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;

• 2(4.7)(b)

  TPP has the same meaning as in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;

• 2(4.7)(c)

  CPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; and

• 2(4.7)(d)

  CPTPP tariff has the same meaning as in subsection 2(1) of the Customs Tariff.

• 2(5)Goods imported from certain countries

  For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff: a CUSMA country an EFTA state Chile Colombia Costa Rica CPTPP country Honduras Jordan Korea Panama Peru

• 2.1Suspension of certain provisions
• 2.1(1)

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

• 2.1(2)Canada-United States Free Trade Agreement

  The operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.

• 3Tribunal established
• 3(1)

  There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting of up to seven permanent members, including a Chairperson and a Vice-chairperson, to be appointed by the Governor in Council.

• 3(2)Temporary members

  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(3)Term

  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.

• 3(4)Tenure

  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.

• 3(5)Re-appointment of permanent members

  A permanent member or former permanent member is eligible to be re-appointed as a permanent member for one further term in the same capacity as in the previous term or in another capacity, but may hold office as a permanent member for no more than ten years.

• 3(5.1)Clarification

  For greater certainty, a change during a permanent member’s term of office in the capacity to which the member is appointed — whether as Chairperson, Vice-chairperson or one of the other permanent members — is not a re-appointment to a further term of office for the purposes of subsection (5).

• 3(6)Re-appointment of temporary members

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

• 4Full-time occupation

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

• 5Holding other office, etc., prohibited

  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.

• 6Remuneration
• 6(1)

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

• 6(2)Expenses

  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.

• 6(3)Idem

  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.

• 7Duties of Chairperson

  The Chairperson has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,

• 7(a)

  the allocation of work among the members and the assignment of members to sit at, and to preside at, hearings of the Tribunal; and

• 7(b)

  generally, the conduct of the work of the Tribunal and the management of its internal affairs.

• 8Absence, etc. — Chairperson
• 8(1)

  In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson shall act as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.

• 8(1.1)Absence, etc. — Chairperson and Vice-chairperson

  If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson or to the office of Vice-chairperson being vacant, the Minister may authorize another permanent member to act as Chairperson, and that member may exercise all the powers and perform all the duties and functions of the Chairperson.

• 8(1.2)Absence, etc. — Vice-chairperson

  In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another permanent member to act as Vice-chairperson, and that member may exercise all the powers and perform all the duties and functions of the Vice-chairperson.

• 8(1.3)Approval of Governor in Council

  No permanent member may be authorized by the Minister to act under subsection (1.1) or (1.2) for a period exceeding 60 days without the approval of the Governor in Council.

• 8(2)Absence, etc. — other members

  In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairperson or Vice-chairperson, the Governor in Council may appoint a person, on any terms and conditions that the Governor in Council specifies, to act as a substitute member for the time being.

• 9Acting after termination of appointment
• 9(1)

  Subject to subsection (2), a person who has ceased to be a member, for any reason other than removal, may, with the authorization of the Chairperson, perform and complete any duties or responsibilities that the person would otherwise have had if the person had not ceased to be a member and that are in connection with any matter in which that person became engaged while holding office as a member, and a person so authorized is, for that purpose, deemed to be a member of the Tribunal.

• 9(2)Limitation period

  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 Chairperson under subsection (1).

• 9(3)Where member is unable to act

  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 Chairperson, 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.

• 10Application of Public Service Superannuation Act to permanent members
• 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.

• 10(2)Application of Public Service Superannuation Act to temporary members

  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.

• 10(3)Order deemed not to be regulation

  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.

• 11Head office

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

• 12Sittings

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

• 13Quorum, etc.

  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.

• 14Repealed

  [Repealed, 2014, c. 20, s. 453]

• 15Repealed

  [Repealed, 2014, c. 20, s. 453]

• 16Duties and functions

  The duties and functions of the Tribunal are to

• 16(a)

  conduct inquiries and report on matters referred to the Tribunal for inquiry by the Governor in Council or the Minister under this Act;

• 16(a.1)

  conduct mid-term reviews under section 19.02 and report on the reviews;

• 16(b)

  consider complaints and extension requests filed with the Tribunal under this Act by domestic producers of like or directly competitive goods or by trade unions whose members are engaged in the Canadian production of like or directly competitive goods and, if appropriate, conduct inquiries into the complaints and extension requests and report on them;

• 16(b.1)

  receive complaints, conduct inquiries and make determinations under sections 30.1 to 30.19;

• 16(c)

  hear, determine and deal with all appeals that, pursuant to any other Act of Parliament or regulations thereunder, may be made to the Tribunal, and all matters related thereto; and

• 16(d)

  exercise and perform such other duties or functions that, pursuant to any other Act of Parliament or regulations thereunder, shall or may be exercised or performed by the Tribunal.

• 17Court of record
• 17(1)

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

• 17(2)Powers

  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.

• 18Inquiry into economic, trade or commercial matters

  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.

• 19Inquiry into tariff-related matters

  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.

• 19.01Repealed

  [Repealed, 2020, c. 1, s. 140]

• 19.011Definition of principal cause
• 19.011(1)

  In this section, 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.

• 19.011(2)Emergency measures — Israel or another CIFTA beneficiary

  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 Canada-Israel Free Trade Agreement Tariff are, as a result of that entitlement, 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.

• 19.011(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.011(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

• 19.011(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.012Definition of principal cause
• 19.012(1)

  In this section, 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.

• 19.012(2)Emergency measures — Chile

  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 Chile Tariff, other than textile and apparel goods, are, as a result of that entitlement, 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.012(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.012(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

• 19.012(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.0121Definition of principal cause
• 19.0121(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.0121(2)Emergency measures — Colombia

  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 Colombia Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.0121(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.0121(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.0121(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.013Definition of principal cause
• 19.013(1)

  In this section, 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.

• 19.013(2)Emergency measures — Costa Rica

  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 Costa Rica Tariff, other than textile and apparel goods, are, as a result of that entitlement, 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, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.013(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.013(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

• 19.013(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.0131Definition of principal cause
• 19.0131(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.0131(2)Emergency measures — Panama

  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 Panama Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.0131(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.0131(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.0131(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.014Definition of principal cause
• 19.014(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.014(2)Emergency measures — Iceland

  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 Iceland Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.014(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.014(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

• 19.014(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.015Definition of principal cause
• 19.015(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.015(2)Emergency measures — Norway

  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 Norway Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.015(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.015(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

• 19.015(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.016Definition of principal cause
• 19.016(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.016(2)Emergency measures — Switzerland or Liechtenstein

  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 Switzerland–Liechtenstein Tariff are, as a result of that entitlement, being imported in such increased quantities and under such conditions that they alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.016(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.016(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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.

• 19.016(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.017Definition of principal cause
• 19.017(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.017(2)Emergency measures — Peru

  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 Peru Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.017(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.017(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.017(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.018Definition of principal cause
• 19.018(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.018(2)Emergency measures — Jordan

  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 Jordan Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.018(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.018(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.018(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.019Definition of principal cause
• 19.019(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.019(2)Emergency measures — Honduras

  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 Honduras Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to the domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.019(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.019(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.019(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.0191Definition of principal cause
• 19.0191(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.0191(2)Emergency measures — Korea

  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 Korea Tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms, and under such conditions as to alone constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for inquiry and report.

• 19.0191(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.0191(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.0191(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.0192Repealed

  [Repealed, 2024, c. 3, s. 29]

• 19.0192(1)
• 19.0192(2)Emergency measures — Ukraine
• 19.0193Definition of principal cause
• 19.0192(3)Terms of reference
• 19.0193(1)

  In this section, principal cause means, in respect of a serious injury or threat of a serious injury, an important cause that is no less important than any other cause of the serious injury or threat.

• 19.0192(4)Tabling of report
• 19.0193(2)Emergency measures — CPTPP country

  The Tribunal shall inquire into and report to the Governor in Council on the question whether goods of a CPTPP country, alone or together with the imported goods of other CPTPP countries, that are entitled to the benefit of a CPTPP tariff are, as a result of that entitlement, being imported in such increased quantities, in absolute terms or relative to domestic production of like or directly competitive goods, and under such conditions as to constitute a principal cause of serious injury, or threat of serious injury, to domestic producers of like or directly competitive goods, if the Governor in Council, on the recommendation of the Minister, refers the question to it for an inquiry and report.

• 19.0192(5)Notice of report
• 19.0193(3)Terms of reference

  The Tribunal shall conduct an inquiry under subsection (2) and prepare its report in accordance with the terms of reference established by the Governor in Council or the Minister, as the case may be.

• 19.0193(4)Tabling of report

  The Minister shall cause a copy of each report submitted to the Governor in Council or the Minister 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 so submitted.

• 19.0193(5)Notice of report

  The Tribunal shall cause notice of the submission of a report to be published in the Canada Gazette.

• 19.02Mid-term review
• 19.02(1)

  If an order made under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or subsection 5(3), (3.2) or (4.1) 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,

• 19.02(1)(a)

  review developments since the order was made respecting the goods that are subject to the order and like or directly competitive goods produced by domestic producers;

• 19.02(1)(b)

  in light of the review, prepare a report on the developments and provide advice on whether the order should remain in effect, be repealed or be amended; and

• 19.02(1)(c)

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

• 19.02(2)Notice of report

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

• 19.02(2)(a)

  to be given to each other interested party; and

• 19.02(2)(b)

  to be published in the Canada Gazette.

• 19.1Definition of principal cause
• 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.

• 19.1(2)Inquiry into United States tariff matters

  The Tribunal shall inquire into and report to the Governor in Council on the question whether goods that are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule 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, if the Governor in Council, on the recommendation of the Minister of Finance, refers the question to it for inquiry and report.

• 20Definition of principal cause
• 20(1)

  In this section and in section 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.

• 20(2)Inquiry into injury matters

  The Tribunal shall inquire into and report to the Governor in Council on any matter — that the Governor in Council refers to the Tribunal for inquiry — in relation to