Bill C-472: An Act to amend the Canadian International Trade Tribunal Act and the Special Import Measures Act

C-472 Second Session, Thirty-ninth Parliament, 56 Elizabeth II, 2007 HOUSE OF COMMONS OF CANADA BILL C-472 An Act to amend the Canadian International Trade Tribunal Act and the Special Import Measures Act first reading, November 13, 2007 Mr. Paquette 391322 SUMMARY This enactment amends the Canadian International Trade Tribunal Act and the Special Import Measures Act to ensure that (a) Parliament has a say in the appointment of members to the Canadian International Trade Tribunal; (b) the composition of the Tribunal reflects in a balanced manner the interests of the parties affected by the Tribunal’s determinations; (c) trade unions representing workers engaged in the production of goods affected by dumping or subsidizing can request inquiries; and (d) the Tribunal’s determinations are more effective. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 39th Parliament, 56 Elizabeth II, 2007 house of commons of canada BILL C-472 An Act to amend the Canadian International Trade Tribunal Act and the Special Import Measures Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 47 (4th Supp.) CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 1. Subsection 2(1) of the Canadian International Trade Tribunal Act is amended by adding the following in alphabetical order: “domestic producer”« producteur national » “domestic producer” includes any trade union representing workers engaged in the production of goods affected by dumping or subsidizing; 2. Subsection 3(1) of the Act is replaced by the following: Tribunal established 3. (1) There is hereby established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson, two Vice-Chairpersons and not more than six other permanent members, to be appointed by the Governor in Council with the approval of the committee of the House of Commons that normally considers matters relating to international trade. Consultation (1.1) In exercising the appointment authority conferred by this section, the Governor in Council shall consult any person or group of persons that the Governor in Council considers to have an interest in the composition of the Tribunal and shall ensure that the Tribunal reflects the interests of all the parties affected by its determinations, including producers, workers, consumers and communities. 3. Section 13 of the Act is replaced by the following: Quorum 13. Subject to subsections 30.11(3), 38(2) and 39(2) and the regulations, three members, one of whom shall represent the interests of workers, constitute a quorum of the Tribunal and have and may exercise all of the Tribunal’s powers and have and may perform all of the Tribunal’s duties and functions. R.S., c. S-15 SPECIAL IMPORT MEASURES ACT 4. Subsection 2(1) of the Special Import Measures Act is amended by adding the following in alphabetical order: “massive importation”« importation massive » “massive importation” means importation that occurred before the imposition of provisional or definitive duties, that is part of a history of dumping, that the importer knew or should have known would cause injury, and that is of a magnitude sufficient to undermine the remedial effects of provisional or definitive duties; “material injury”« dommage sensible » “material injury” means an injury that is not immaterial, inconsequential or unimportant in relation to workers, communities or domestic producers, in light of the particular circumstances of the industry concerned; 5. Paragraph 5(b) of the Act is replaced by the following: (b) that were released or distributed during the period of 90 days preceding the day on which the President made a preliminary determination of dumping in respect of the goods or goods of that description, other than goods that were released or distributed before the initiation of an investigation referred to in section 31, 6. Section 31 of the Act is amended by adding the following after subsection (2): Extended meaning (2.01) For the purposes of subsection (2), “domestic producers” includes any trade union representing workers engaged in the production of goods affected by dumping or subsidizing. 7. Section 42 of the Act is amended by adding the following after subsection (6): Deeming provision (7) For the purposes of an inquiry under this section, and in the absence of evidence to the contrary, the dumping or subsidizing of goods is deemed to have caused injury or retardation, or to be threatening to cause injury, if a preliminary determination has been made with respect to the goods under subsection 37.1(1) or 38(1). 8. The Act is amended by adding the following after section 47: Re-determination 47.1 The President may redetermine a preliminary or final determination of dumping or subsidizing made by the President, and the Tribunal may redetermine a preliminary or final determination of dumping or subsidizing made by the Tribunal, if, after the determination is made, (a) a new fact comes to light that, had it come to light before the inquiry and been presented in time, would have altered the determination; or (b) new evidence has been discovered, and it appears that (i) had the evidence been presented in time, the determination would have been different, (ii) the evidence was not known to the party or to the party’s solicitor or agent, and (iii) the evidence could not, with all due diligence, have been discovered in time. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada