 
  WORLD TRADE  
ORGANIZATION  G/SG/N/1/CAN/3 
10 August 2004 
 (04-3378) 
Committee on Safeguards Original:   English/ 
 French 
 
 
  
NOTIFICATION OF LAWS, REGULATIONS AND 
ADMINISTRATIVE PROCEDURES RELATING 
TO SAFEGUARD MEASURES 
 
CANADA 
 
  The following communication, dated 28 July 2004, is being circulated at the request of the 
Delegation of Canada. 
 
_______________ 
 
  In accordance with the obliga tions under Article 12 of the Agreement on Safeguards, the 
Government of Canada is pleased to notify the thr ee pieces of legislation cited in the submission of 
legislation and regulations relating to saf eguard measures in Canada, namely the Canadian 
International Trade Tribunal Act , the Customs Tariff Act, and the Export and Import Permits Act .  
  The attached laws and regulations replace the te xts previously notified in 1996, compiled as 
G/SG/N/1/CAN/2. 
  The key elements of the changes to the previous ly notified texts reflected in this notification 
include amendments: 
• to implement the Canada-Israel Free Trade Agre ement [sections 20.02, 26(7), and 30.011 of 
the Canadian International Trade Tribunal (CITT) Act and sections 4.6 and 4.8 of the Export 
and Import Permits Act ] 
• to implement the Canada-Chile Free Trade Agreement [sections 20.03 and 30.012 of the CITT 
Act and sections 5(4-4.1) of the Export and Import Permits Act ] 
• to restructure the Customs Tariff , including its provisions on safeguards [sections 54 to 67 of 
the Customs Tariff ], and to make consequential amendmen ts to other legislation related to 
safeguards [e.g., sections 19.02, and 30.01 to 30.04 of the CITT Act ] 
 In addition, this notification includes the text of the  Canadian International Trade Tribunal 
Regulations  made under the CITT Act .  The CITT regulations  define key concepts for purposes of the 
CITT Act , and clarify the factors to be examined for purposes of carrying out the mandate of the CITT 
with respect to matters related to the Agreement on Safeguards. G/SG/N/1/CAN/3 
Page 2  
 
 TABLE OF CONTENTS 
Page
  
CANADIAN INTERNATIONAL TRADE  TRIBUNAL ACT ....................................................... 3 
 
CANADIAN INTERNATION AL TRADE TRIBUNAL REGULATIONS ............................... 60  
 
CUSTOMS TARIFF................................................................................................................. ........ 65 
 
EXPORT AND IMPORT PERMITS ACT .................................................................................. 155  G/SG/N/1/CAN/3 
 Page 3 
 
 
  
 
  
 
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 
 
R.S., 1985, C. 47 (4TH SUPP.) 
 
 
An Act to establish the Canadian In ternational Trade Tribunal and to 
amend or repeal other Acts in consequence thereof 
 [ 1988, c. 56, assented to 
13 September 1988 ] 
 SHORT TITLE 
Short title 1.  This Act may be cited as the Canadian International Trade Tribunal Act . 
 INTERPRETATION 
Definitions 2. (1) In this Act, 
"Chairman" [Repealed, 1999, c. 12, s. 53] 
"Chairperson" 
Version anglaise 
seulement  "Chairperson" means the Chairperson of the Tribunal; 
"member" 
«membre » "member" means a permanent member, te mporary member or substitute member 
of the Tribunal; 
"Minister" 
«ministre » "Minister" means the Minister of Finance; 
"prescribed" 
Version anglaise 
seulement  "prescribed" means prescribed by regulations; 
"serious injury" 
« dommage 
grave  » "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; G/SG/N/1/CAN/3 
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 "textile and 
apparel goods" 
« produits 
textiles et 
vêtements  » "textile and apparel goods" means the textile and apparel goods set out in 
Appendix 1.1 of Annex 300-B of the Ag reement, in Appendix 1.1 of Annex 
C-00-B of the CCFTA or in Appendix III.1.1.1 of Annex III.1 of the 
CCRFTA, as the case may be; 
"threat of serious 
injury" « menace 
de dommage 
grave  » "threat of serious injury" means serious in jury that, on the basis of facts, and not 
merely of allegation, conjecture or re mote possibility, is clearly imminent; 
"Tribunal" 
«Tribunal » "Tribunal" means the Canadian Intern ational Trade Tribunal established by 
subsection 3(1); 
"World Trade 
Organization Agreement" 
« Accord sur 
l'Organisation mondiale du 
commerce  » "World Trade Organization Agreement" has the meaning given to the word 
"Agreement" in subsection 2(1) of the World Trade Organization Agreement 
Implementation Act . 
Same meaning (2) In this Act, the words "Agreement " and "NAFTA country" have the same 
meaning as in subsection 2(1) of the North American Free Trade Agreement 
Implementation Act . 
Same meaning (2.1) In this Act, 
 
(a)  "CIFTA" has the same meaning as "Agreement" in subsection 2(1) of the 
Canada-Israel Free Trade Agreement Implementation Act ; 
 
(b)  "Canada--Israel Free Trade Agreement Tariff" means the rates of customs 
duty referred to in section 50 of the Customs Tariff ; and 
 
(c)  "imported from Israel or anothe r CIFTA beneficiary" and "Israel or 
another CIFTA beneficiary" have the same meaning as in subsection 2(1) of the Customs Tariff . 
Same meaning (3) In this Act, 
 (a)  "CCFTA" has the same meaning as "A greement" in subsection 2(1) of the 
Canada-Chile Free Trade Agreement Implementation Act ; and 
 
(b)  "Chile Tariff" means the rates of cu stoms duty referred to in section 46 of 
the Customs Tariff . 
Same meaning (4) In this Act, 
 
(a)  "CCRFTA" has the same meaning as "Agreement" in subsection 2(1) of 
the Canada--Costa Rica Free Trade Agreement Implementation Act ; and 
 
(b)  "Costa Rica Tariff" means the ra tes of customs duty referred to in 
section 49.1 of the Customs Tariff .  G/SG/N/1/CAN/3 
 Page 5 
 
 
 Goods imported 
from a NAFTA 
country, Chile or Costa Rica (5) For the purposes of this Act, goods are imported from a NAFTA country, 
from Chile or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or from Costa Rica, as the case may be, within the 
meaning of sections 17 and 18 of the Customs Tariff . 
R.S., 1985, c. 47 (4th Supp.), s. 2; 1993, c. 44, s. 32; 1994, c. 47, s. 27; 1996, c. 
33, s. 16; 1997, c. 14, s. 19, c. 36, s. 192; 1999, c. 12, s. 53(E); 2001, c. 28, s. 19. 
 
APPLICATION 
Suspension of 
certain 
provisions 2.1 The operation of the provisions referred to  in column II of this section is 
suspended during the period in which the provisions referred to in column I 
opposite those provisions are in force: 
 
Column I  
Column II 
Provisions in force Provisions suspended 
section 19.01 
section 20.01 
section 20.2 section 21.1 
subsections 23(1.01) to (1.03) 
subparagraphs 26(1)( a)(i.1) to (i.3) 
paragraphs 27(1)( a.1) to ( a.3) section 19.1 
section 20.1 
section 21 section 22 
subsection 23(1.1) 
subparagraph 26(1)( a)(ii) 
paragraph 27(1)( b) 
1993, c. 44, s. 33. 
 
CANADIAN INTERNATIONAL TRADE TRIBUNAL 
 
Establishment of Tribunal 
Tribunal 
established 3.(1) There is hereby established a tr ibunal, to be known as the Canadian 
International Trade Tribunal, consisti ng, subject to subsection (2), of a 
Chairperson, two Vice-Chairpersons a nd not more than six other permanent 
members to be appointed by the Governor in Council. 
Temporary 
members (2) 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. 
Term (3) Each permanent member shall be a ppointed 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. 
Tenure (4) Each permanent member and temporary member holds office during good 
behaviour and may be removed by the Gove rnor in Council at any time for cause. G/SG/N/1/CAN/3 
Page 6  
 
 Re-appointment 
of permanent 
members (5) A permanent member, on the expiration of  a first term of office, is eligible 
to be re-appointed for one further term in the same or another capacity. 
Re-appointment 
of temporary 
members (6) A temporary member is eligible to be re-appointed on the expiration of a 
first or subsequent term of office. R.S., 1985, c. 47 (4th Supp.), s. 3; 1999, c. 12, s. 54(E). 
Full-time 
occupation 4. Each permanent member shall devote th e whole of the member's time to the 
performance of the member's duties under this Act. 
Holding other 
office, etc., prohibited 5.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. 
Remuneration 6.(1) Each member shall be paid such remuneration as is fixed by the 
Governor in Council. 
Expenses (2) Each permanent member is entitled to  be paid reasonable travel and living 
expenses incurred by the member while ab sent from the member's ordinary place 
of work in the course of performing duties under this Act. 
Idem (3) 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. 
 
Duties of 
Chairperson 7.The Chairperson is the chief executiv e officer of the Tribunal and has 
supervision over and direction of the wo rk of the Tribunal including, without 
restricting the generality of the foregoing, 
 
(a)  the allocation of work among the members and the assignment of 
members to sit at hearings of the Tribunal and to preside thereat; and 
 (b)  generally, the conduct of the work of the Tribunal, the management of its 
internal affairs and the duties of the staff of the Tribunal. 
R.S., 1985, c. 47 (4th Supp.), s. 7; 1999, c. 12, s. 61(E). 
Absence, etc., of 
Chairperson 8.(1) In the event of the absence or incapacity of the Chairperson or if the 
office of Chairperson is vacant, the Tribunal may authorize one of the Vice-
Chairpersons to act as Chairperson for th e time being, and a Vice-Chairperson so 
authorized has and may exercise and perform all the powers, duties and functions 
of the Chairperson. 
Absence, etc., of 
other members (2) In the event of the absence or in capacity of a temporary member or a 
permanent member other than the Chairperson, the Governor in Council may 
appoint a person, on such terms and c onditions as the Governor in Council may 
specify, to act as a substitute member for the time being. 
R.S., 1985, c. 47 (4th Supp.), s. 8; 1999, c. 12, ss. 55(E), 61(E).  G/SG/N/1/CAN/3 
 Page 7 
 
 
 Acting 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 th at person became e ngaged while holding 
office as a mem
ber, and a person so authorized is, for that purpose, deemed to be a 
member of the Tribunal. 
Limitation period (2) No person who has ceased to be a me mber 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 author ity granted by the Chairperson under 
subsection (1). 
Where member is 
unable to act (3) 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 remain ing 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 member s where so authorized shall, for that 
purpose, be deemed to constitute a quorum. 
R.S., 1985, c. 47 (4th Supp.), s. 9; 1999, c. 12, ss. 56, 61(E). 
Application of 
Public Service Superannuation 
Act to permanent 
members 10. (1) A permanent member shall be deem ed to be a person employed in the 
Public Service for the purposes of the Public Service Superannuation Act . 
Application of 
Public Service 
Superannuation Act to temporary 
members (2) 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. 
Order deemed 
not to be 
regulation (3) 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 . 
 
Head Office, Sittings and Quorum 
Head office 11. The head office of the Tribunal shall be in the National Capital Region as 
described in the schedule to the National Capital Act . 
Sittings 12. The Tribunal may sit at such times and places as it considers necessary or 
desirable for the proper conduct of its business. 
Quorum, etc. 13. 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 powe rs and have and may perform all of the 
Tribunal's duties and functions. 
R.S., 1985, c. 47 (4th Supp.), s. 13; 1993, c. 44, s. 34; 1994, c. 47, s. 28. G/SG/N/1/CAN/3 
Page 8  
 
  
Staff 
Appointment of 
Secretary 14. (1) There shall be a Secretary of th e Tribunal, who shall be appointed in 
accordance with the Public Service Employment Act . 
Acting Secretary (2) In the event of the absence or incapac ity of the Secretary or if the office of 
Secretary is vacant, the Chairperson may authorize any officer or employee of the 
Tribunal to act as Secretary for the time being. 
R.S., 1985, c. 47 (4th Supp.), s. 14; 1999, c. 12, s. 61(E). 
Other staff 15. (1) Such other officers and employees as are necessary for the proper 
conduct of the work of the Tribunal sha ll be appointed in accordance with the 
Public Service Employment Act . 
Technical experts (2) The Tribunal may appoint  and, subject to the approval of the Treasury 
Board, fix the remuneration of persons having technical or special knowledge to 
assist the Tribunal in any matter in an advisory capacity. 
Secondment (3) Subject to any directive of the Tr easury Board in relation thereto, any 
department or agency of the Government of Canada may, on the request of the 
Tribunal, second to the Tribunal, for specified periods, such officers or employees of the department or agency as are necessary for the proper conduct of the work of 
the Tribunal. 
 
Powers, Duties and Functions 
Duties and 
functions 16. The duties and functions of the Tribunal are to 
 
(a)  conduct inquiries and report on matter s referred to the Tribunal for inquiry 
by the Governor in Council or the Minister under this Act; 
 
 ( a.1)  conduct mid-term reviews under section 19.02 and report on the 
reviews; 
 (b)  consider complaints and extensi on requests filed with the Tribunal by 
domestic producers of like or direc tly competitive goods under this Act 
and, where appropriate, conduct inquiries into the complaints and extension requests and report on them; 
 
 ( b.1)  receive complaints, conduct i nquiries and make determinations 
under sections 30.1 to 30.19; 
 
(c)  hear, determine and deal with all app eals that, pursuant to any other Act of 
Parliament or regulations thereunder, may be made to the Tribunal, and all 
matters related thereto; and 
 
(d)  exercise and perform such other duties or functions that, pursuant to any 
other Act of Parliament or regula tions thereunder, shall or may be 
exercised or performed by the Tribunal. 
R.S., 1985, c. 47 (4th Supp.), s. 16; 1993, c. 44, s. 35; 1994, c. 47, s. 29.  G/SG/N/1/CAN/3 
 Page 9 
 
 
 Court of record 17. (1) The Tribunal is a court of record and shall have an official seal, which 
shall be judicially noticed. 
Powers (2) The Tribunal has, as regards the at tendance, swearing a nd 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. 
 
INQUIRIES AND REVIEWS 
 
References and Mid-Term Reviews 
Inquiry into 
economic, trade 
or commercial matters 18. The Tribunal shall inquire into and report to the Governor in Council on 
any matter in relation to the economic, tr ade 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. 
Inquiry into 
tariff-related 
matters 19. The Tribunal shall inquire into and report to the Minister on any tariff-
related matter, including any matter c oncerning the international rights or 
obligations of Canada in connection ther ewith, that the Minister refers to the 
Tribunal for inquiry. 
Definition of 
"principal cause" 19.01  (1) In this section and sections 20 and 20.01, "principal cause" means, in 
respect of a serious injury or threat ther eof, an important cause that is no less 
important than any other cause of the serious injury or threat. 
Inquiry into 
United States tariff matters (2) The Tribunal shall inquire into and report to the Governor in Council on the 
question whether goods that are entitled to th e United States Tariff in the List of 
Tariff Provisions set out in the schedule to the Customs Tariff , other than textile 
and apparel goods, are, as a result of the re duction of that tariff, being imported in 
such increased quantities and under such c onditions that they alone constitute a 
principal cause of serious injury to domestic producers of like or directly 
competitive goods, if the Governor in C ouncil, on the recommendation of the 
Minister, refers the question to it for inquiry and report. 
Inquiry into 
Mexico and Mexico--United 
States tariff 
matters (3) The Tribunal shall inquire into and report to the Governor in Council on the 
question whether goods that are entitled to the Mexico Tariff, or the Mexico--
United States Tariff, in the List of Tariff  Provisions set out in the schedule to the 
Customs Tariff , other than textile and appare l goods, are, as a result of the 
reduction of that tariff, being imported in  such increased quantities and under such 
conditions that they alone constitute a pr incipal 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. 1993, c. 44, s. 36; 1994, c. 47, ss. 31, 46(F); 1997, c. 36, s. 193. 
Definition 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. G/SG/N/1/CAN/3 
Page 10  
 
 Emergency 
measures -- Israel 
or another CIFTA 
beneficiary (2) 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 cond itions 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. 
Terms of 
reference (3) The Tribunal shall conduct an inquiry  under subsection (2) and prepare its 
report in accordance with the terms of re ference established by the Governor in 
Council or the Minister, as the case may be. 
Tabling of report (4) 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. 
Notice of report (5) The Tribunal shall cause notice of the submission of a report to be 
published in the Canada Gazette . 
1996, c. 33, s. 17. 
Definition of 
"principal cause" 19.012  (1) In this section, "principal cause" means, in respect of a serious 
injury or threat thereof, an important ca use that is no less important than any other 
cause of the serious injury or threat. 
Emergency 
measures -- Chile (2) 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 Gover nor in Council, on the recommendation of 
the Minister, refers the question to it for inquiry and report. 
Terms of 
reference (3) The Tribunal shall conduct an inquiry  under subsection (2) and prepare its 
report in accordance with the terms of re ference established by the Governor in 
Council or the Minister, as the case may be. 
Tabling of report (4) 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. 
Notice of report (5) The Tribunal shall cause notice of the su bmission of a report to be 
published in the Canada Gazette . 
1997, c. 14, s. 20. 
Definition of 
"principal cause" 19.013  (1) In this section, "principal cause" means, in respect of a serious 
injury or threat thereof, an important ca use that is no less important than any other 
cause of the serious injury or threat.  G/SG/N/1/CAN/3 
 Page 11 
 
 
 Emergency 
measures -- Costa 
Rica (2) 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 in jury, or threat thereof, to domestic 
producers of like or directly competitive goods, if the Governor in Council, on the 
recommendation of the Minister, refers th e question to it for inquiry and report. 
Terms of 
reference (3) The Tribunal shall conduct an inquiry  under subsection (2) and prepare its 
report in accordance with the terms of refe rence established by the Governor in 
Council or the Minister, as the case may be. 
Tabling of report (4) 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. 
Notice of report (5) The Tribunal shall cause notice of the submission of a report to be 
published in the Canada Gazette . 
2001, c. 28, s. 20. 
Mid-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, 
 
(a)  review developments since the or der was made respecting the goods that 
are subject to the order and like or directly competitive goods produced by 
domestic producers; 
 
(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 
 
(c)  submit a copy of the report to the Governor in Council and the Minister. 
Notice of report (2) Where the Tribunal has prepared a report on a review pursuant to 
subsection (1), it shall cause notice of the report 
 
(a)  to be given to each other interested party; and 
 
(b)  to be published in the Canada Gazette . 
1994, c. 47, s. 32; 1996, c. 33, s. 18; 1997, c. 14, s. 21, c. 36, s. 194. 
Definition 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. G/SG/N/1/CAN/3 
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 Inquiry into 
United States 
tariff matters (2) The Tribunal shall inquire into and report to the Governor in Council on the 
question whether goods that are entitled to th e 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 alon e 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. 
1988, c. 65, s. 52; 1997, c. 36, s. 195. 
Inquiry into 
injury matters 20. The Tribunal shall inquire into and report to the Governor in Council on 
any matter in relation to 
 
(a)  the importation of goods into Canada in such increased quantities and 
under such conditions as to be a principal cause of serious injury or threat 
thereof to domestic producers of like or directly competitive goods, or 
 
(b)  the provision, by persons normally resident outside Canada, of services in 
Canada that may cause or threaten in jury to, or that may retard, the 
provision of any services in Canada by persons normally resident in 
Canada 
 
that the Governor in Council refers to the Tribunal for inquiry. 
R.S., 1985, c. 47 (4th Supp.), s. 20; 1994, c. 47, ss. 33, 46(F). 
Definition of 
"contribute 
importantly" 20.01  (1) In this section, "contribute importantly" has the meaning given those 
words by Article 805 of the Agreement. 
Determination in 
respect of 
NAFTA country 
goods (2) Where, in an inquiry conducted pursuant to a reference under section 20 
into goods imported from a NAFTA country that are specified by the Governor in 
Council or in an inquiry conducted pursua nt to a complaint under subsection 23(1) 
into goods so imported that are specified by the Tribunal, the Tribunal finds that 
the specified imported goods and goods of the same kind imported from other 
countries are being imported in such increased quantities and under such conditions as to be a principal cause of serious injury, or threat thereof, to 
domestic producers of like or directly competitive goods, the Tribunal shall 
determine 
 
(a)  whether the quantity of the specified imported goods accounts for a 
substantial share of total imports of goods of the same kind; and 
 
(b)  whether the specified imported goods, alone or, in exceptional 
circumstances, together with the goods of the same kind imported fromeach other NAFTA country, contribute importantly to the serious injury or 
threat thereof.  G/SG/N/1/CAN/3 
 Page 13 
 
 
 Idem (2.1) In an inquiry under section 30.07 into goods imported from a NAFTA 
country conducted pursuant to an extens ion request, the Tribunal shall determine 
in respect of each NAFTA country 
 
(a)  whether the quantity of the goods imported from the NAFTA country 
accounts for a substantial share of tota l imports of goods of the same kind; 
and 
 
(b)  whether the goods imported from the NAFTA country alone or, in 
exceptional circumstances, together  with the goods of the same kind 
imported from each other NAFTA country, contribute importantly to 
serious injury, or threat thereof, to  domestic producers of like or directly 
competitive goods. 
Considerations (3) In making a determination under this section, the Tribunal shall take fully 
into account paragraph 2 of Article 802 of the Agreement. 
1993, c. 44, s. 37; 1994, c. 47, ss. 34, 46(F). 
Determination in 
respect of goods of Israel or 
another CIFTA 
beneficiary 20.02  (1) Where, in an inquiry conducte d pursuant to a reference under section 
20 into goods imported from Israel or anot her CIFTA beneficiary that are specified 
by the Governor in Council or in an inquiry conducted pursuant to a complaint 
under subsection 23(1) into goods so imported that are specified by the Tribunal, 
the Tribunal finds that the specified im ported goods and goods of the same kind 
imported from other countries are being im ported in such increased quantities and 
under such conditions as to be a principal cau se of serious injury, or threat thereof, 
to domestic producers of like or direc tly competitive goods, the Tribunal shall 
determine 
 
(a)  whether the quantity of the specified imported goods accounts for a 
substantial share of total imports of goods of the same kind; and 
 
(b)  whether the specified imported goods contribute importantly to the serious 
injury or threat thereof. 
Determinations (2) In the case of an inquiry to which su bsection (1) applies, the Tribunal shall 
include in its report any determinations  made pursuant to that subsection. 
Inquiry under 
section 30.07 (3) In an inquiry under section 30.07 in to goods imported from Israel or 
another CIFTA beneficiary conducted pursuant to an extension request, the 
Tribunal shall determine 
 
(a)  whether the quantity of the goods accounts for a substantial share of total 
imports of goods of the same kind; and 
 
(b)  whether the goods contribute importantly to serious injury, or threat 
thereof, to domestic producers of like or directly competitive goods. 
Considerations (4) In making a determination under this section, the Tribunal shall take fully 
into account paragraph 2 of Article 4.6 of CIFTA. 
1996, c. 33, s. 19. G/SG/N/1/CAN/3 
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 Definition of 
"contribute 
importantly" 20.03  (1) In this section, "contribute importantly" has the meaning given those 
words by Article F-05 of the CCFTA. 
Determination in 
respect of 
Chilean goods (2) Where, in an inquiry conducted pursuant to a reference under section 20 
into goods imported from Chile that are speci fied by the Governor in Council or in 
an inquiry conducted pursuant to a compla int under subsection 23(1) into goods so 
imported that are specified by the Tribunal, the Tribunal finds that the specified 
imported goods and goods of the same  kind imported from other countries are 
being imported in such increased quantiti es and under such conditions as to be a 
principal cause of serious injury, or threat  thereof, to domestic producers of like or 
directly competitive goods, the Tribunal shall determine 
 
(a)  whether the quantity of the specified imported goods accounts for a 
substantial share of total imports of goods of the same kind; and 
 
(b)  whether the specified imported goods contribute importantly to the serious 
injury or threat thereof. 
Determinations (3) In the case of an inquiry to which su bsection (2) applies, the Tribunal shall 
include in its report any determina tions made under that subsection. 
Determination 
where an extension request (4) In an inquiry under section 30. 07 into goods imported from Chile 
conducted pursuant to an extension request, the Tribunal shall determine 
 
(a)  whether the quantity of the goods accounts for a substantial share of total 
imports of goods of the same kind; and 
 (b)  whether the goods contribute importantly to serious injury, or threat 
thereof, to domestic producers of like or directly competitive goods. 
Considerations (5) In making a determination under this section, the Tribunal shall take fully 
into account paragraph 2 of Article F-02 of the CCFTA. 
1997, c. 14, s. 22. 
Interpretation 20.1 (1) For the purposes of this section, 
"Agreement" 
«Accord » "Agreement" has the same meaning as in the Canada-United States Free Trade 
Agreement Implementation Act ; 
"contribute 
importantly" «contribuer de 
manière 
importante » "contribute importantly" has the meaning gi ven that expression by Article 1104 of 
the Agreement; 
"goods 
originating in the United States" 
«marchandises 
originaires des États-Unis » "goods originating in the United States" means imported goods that qualify under 
the regulations respecting the origin of goods made under the Customs Tariff , 
as those regulations apply to the United States, that are specified 
 
 (a) by the Governor in Council, in the case of a reference by the Governor in 
Council, or 
 
 (b) by the Tribunal, in the case of a written complaint filed under subsection 
23(1).  G/SG/N/1/CAN/3 
 Page 15 
 
 
 Interpretation (2) In interpreting the term "substantial"  for the purposes of this section, regard 
shall be had to paragraph 1 of  Article 1102 of the Agreement. 
Determination in 
respect of US goods (3) Where, in an inquiry conducted pursuant to section 20 or 26, the Tribunal 
finds that goods originating in the United States and goods of the same kind 
originating in other countries are being imported in such increased quantities and 
under such conditions as to be a principal cause of serious injury, or threat thereof, 
to domestic producers of like or direc tly competitive goods, the Tribunal shall 
determine whether the quantity of such goo ds originating in the United States is 
substantial in comparison with the quantity  of goods of the same kind originating 
in other countries and whether the goods originating in the United States contribute importantly to the serious injury or threat thereof. 
1988, c. 65, s. 53. 
Terms of 
reference 20.2 (1) The Tribunal shall conduct an i nquiry under section 18, 19, 19.01 or 
20 and shall prepare its report thereon in accordance with the terms of reference 
therefor established by the Governor in Council or the Minister, as the case may 
be. 
Determinations (2) In the case of an inquiry to which section 20.01 applies, the Tribunal shall 
include in its report any determina tion made pursuant to that section. 
Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in 
Council or the Minister pursuant to section 18 , 19, 19.01 or 20 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. 
Notice of report (4) The Tribunal shall cause notice of the submission of a report pursuant to 
section 18, 19, 19.01 or 20 to be published in the Canada Gazette . 
1993, c. 44, s. 38; 1994, c. 47, s. 35. 
Terms of 
reference 21. (1) The Tribunal shall conduct an inqui ry under section 18, 19, 19.1 or 20 
and shall prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council or the Minister, as the case may 
be. 
Determinations (1.1) In the case of an inquiry to which subsection 20.1(3) applies, the Tribunal 
shall include in its report any determinat ion made pursuant to that subsection. 
Tabling of report (2) The Minister shall cause a copy of each report submitted to the Governor in 
Council or the Minister pursuant to section 18, 19, 19.1 or 20 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. 
Notice of report (3) The Tribunal shall cause notice of the submission of a report pursuant to 
section 18, 19, 19.1 or 20 to be published in the Canada Gazette . 
R.S., 1985, c. 47 (4th Supp.), s. 21; 1988, c. 65, s. 54. 
 
Complaints by Domestic Producers 
Definition of 
"complaint" 21.1 In sections 23 to 30, "complaint" m eans a written complaint filed with the 
Tribunal under subsection 23(1), (1.01), (1.02) , (1.03), (1.04), (1.05), (1.06), (1.07) G/SG/N/1/CAN/3 
Page 16  
 
 or (1.08) and, for the purposes of those sections, a complaint is properly 
documented if the Tribunal is satisfied that  it contains or is accompanied by the 
information required by section 23. 
1993, c. 44, s. 39; 1996, c. 33, s. 20; 1997, c. 14, s. 23; 2001, c. 28, s. 21. 
Definition of 
"complaint" 22. In sections 23 to 30, "complaint" means a written complaint filed with the 
Tribunal under subsection 23(1) or (1.1), and, for the purposes of those sections, a 
complaint is properly documented if the Tri bunal is satisfied that it contains or is 
accompanied by the information required by section 23. 
R.S., 1985, c. 47 (4th Supp.), s. 22; 1988, c. 65, s. 55. 
Filing of 
complaint 23. (1) Any domestic producer of goods that are like or directly competitive 
with goods being imported into Canada, or any person or association acting on 
behalf of any such domestic producer, may file a written complaint with the 
Tribunal alleging that the imported goods are being imported in such increased quantities and under such conditions as to cause or threaten serious injury to 
domestic producers of like or directly competitive goods. 
Filing of 
complaint (1.01) Any domestic producer of goods that are like or directly competitive 
with any goods, other than textile and apparel goods, be ing imported into Canada 
and that are entitled to the United States Tariff in the List of Tariff Provisions set 
out in the schedule to the Customs Tariff , or any person or association acting on 
behalf of any such domestic producer, may file a written complaint with the 
Tribunal alleging that, as a result of the re duction of that tariff, the imported goods 
are being imported in such increased quantities and under such conditions as to alone constitute a cause of serious injury to domestic producers of like or directly 
competitive goods. 
Filing of 
complaint (1.02) Any domestic producer of goods that are like or directly competitive 
with any goods, other than textile and apparel goods, be ing imported into Canada 
and that are entitled to the Mexico Tariff,  or the Mexico--United States Tariff, in 
the List of Tariff Provisions set out in the schedule to the Customs Tariff , or any 
person or association acting on behalf of an y such domestic producer, may file a 
written complaint with the Tribunal alleging that, as a result of the reduction of 
that tariff, the imported goods are being imported in such increased quantities and 
under such conditions as to alone constitute a cause of serious injury, or threat 
thereof, to domestic producers of like or directly competitive goods. 
Filing of 
complaint (1.03) Any domestic producer of any te xtile and apparel goods that are like or 
directly competitive with any textile and apparel goods be ing imported into 
Canada and that are entitled, either under section 24 of the Customs Tariff or, in 
respect of goods that have been integrat ed into the General Agreement on Tariffs 
and Trade on the basis of a commitm ent made by Canada under any successor 
agreement to the Multifibre Arrange ment, under subsection 45(13) of the Customs 
Tariff , to the United States Tariff, or the Me xico Tariff, in the List of Tariff 
Provisions set out in the schedule to that Act, or any person or association acting 
on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that, as a result of the re duction of that tariff, the imported goods 
are being imported in such increased quantiti es, in absolute terms or relative to the 
domestic market in Canada for the goods , and under such conditions as to cause 
serious damage, or actual threat thereof, to domestic producers of like or directly 
competitive textile and apparel goods.  G/SG/N/1/CAN/3 
 Page 17 
 
 
 Filing of 
complaint -- 
CIFTA Tariff (1.04) Any domestic producer of goods that are like or directly competitive 
with goods being imported in to Canada that are entitled to the Canada-Israel Free 
Trade Agreement Tariff, or any person or association acting on behalf of such a 
domestic producer, may file a written complaint with the Tribunal alleging that, as 
a result of that entitlement, the import ed goods are being imported in such 
increased quantities and under such conditio ns as to alone constitute a cause of 
serious injury to domestic producers of  like or directly competitive goods. 
Filing of 
complaint -- 
Chile Tariff (1.05) Any domestic producer of goods that are like or directly competitive 
with any goods, other than textile and apparel goods, be ing imported into Canada 
and that are entitled to the Chile Tariff , or any person or association acting on 
behalf of such a domestic producer, may f ile a written complaint with the Tribunal 
alleging that, as a result of that entitlement, the imported goods are being imported 
in such increased quantities and under su ch conditions as to alone constitute a 
cause of serious injury, or threat thereof,  to domestic producers of like or directly 
competitive goods. 
Filing of 
complaint -- 
Chile Tariff (1.06) Any domestic producer of any te xtile and apparel goods that are like or 
directly competitive with any textile and apparel goods be ing imported into 
Canada and that are entitled, either under section 24 of the Customs Tariff or, in 
respect of goods that fall under the scope of the Agreement on Textiles and Clothing in Annex 1A of the World Trade Organization Agreement on the basis of 
a commitment made by Canada, under section 48 of the Customs Tariff , to the 
Chile Tariff, or any person or associati on acting on behalf of such a domestic 
producer, may file a written complaint with  the Tribunal alleging that, as a result 
of that entitlement, the imported goods are being imported in such increased 
quantities, in absolute terms or relative to  the domestic market in Canada for the 
goods, and under such conditions as to cause serious damage, or actual threat of 
serious damage, to domestic producers of lik e or directly competitive textile and 
apparel goods. 
Filing of 
complaint -- 
Costa Rica Tariff (1.07) Any domestic producer of goods that are like or directly competitive 
with any goods, other than textile and apparel goods, be ing imported into Canada 
and that are entitled to the Costa Rica Tariff, or any person or association acting on 
behalf of such a domestic producer, may file a written complaint with the Tribunal 
alleging that, as a result of that entitlement, the imported goods are being imported in such increased quantities and under su ch conditions as to alone constitute a 
cause of serious injury, or threat thereof,  to domestic producers of like or directly 
competitive goods. 
Filing of 
complaint -- Costa Rica Tariff (1.08) Any domestic producer of any te xtile and apparel goods that are like or 
directly competitive with any textile and apparel goods be ing imported into 
Canada and that are entitled, either under section 24 of the Customs Tariff or, in 
respect of goods that fall under the scope of the Agreement on Textiles and 
Clothing in Annex 1A of the World Trad e Organization Agreement pursuant to a 
commitment made by Canada, under section 49.2 of the Customs Tariff , to the 
Costa Rica Tariff, or any person or association acting on behalf of such a domestic 
producer, may file a written complaint with  the Tribunal alleging that, as a result 
of that entitlement, the imported goods are being imported in such increased 
quantities, in absolute terms or relative to  the domestic market in Canada for the
goods, and under such conditions as to cau se serious damage, or actual threat 
thereof, to domestic producers of like or  directly competitive textile and apparel 
goods. G/SG/N/1/CAN/3 
Page 18  
 
 Filing of 
complaint (1.1) Any domestic producer of goods that  are like or directly competitive with 
any goods being imported into Canada a nd that are entitled to the United States 
Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff , 
or any person or association acting on be half of any such domestic producer, may 
file a written complaint with the Tribunal alleging that as a result of the reduction or elimination of that tariff, the im ported goods are being imported in such 
increased quantities and under such conditio ns as to alone constitute a cause of 
serious injury to domestic producers of  like or directly competitive goods. 
Contents of 
complaint (2) A complaint shall 
 
(a)  state in reasonable detail the facts on which the allegations are based; 
 
(b)  state an estimate of the total percentage of Canadian production of the like 
or directly competitive goods that is produced by the domestic producers 
by whom or on whose behalf the complaint is filed; and 
 (c)  make such other representations as the complainant deems relevant to the 
matter. 
Accompanying 
information (3) A complaint shall be accompanied by 
 
(a)  such information as is available to  the complainant to prove the facts 
referred to in paragraph (2)( a) and to substantiate the estimate referred to 
in paragraph (2)( b); and 
 
(b)  such other information as may be required by the rules. 
Receipt to be 
acknowledged (4) The Tribunal shall, forthwith after the receipt of a complaint, notify the 
complainant in writing of the receipt and date of receipt thereof. R.S., 1985, c. 47 (4th Supp.), s. 23; 1988, c. 65, s. 56; 1993, c. 44, s. 40; 1994, c. 
47, ss. 46(F), 47(F); 1996, c. 33, s. 21; 1997, c. 14, s. 24, c. 36, s. 196; 2001, c. 28, 
s. 22. 
Request for 
additional information 24. (1) The Tribunal may, within twenty-one days after the date of receipt of a 
complaint, by notice in writing, request the complainant to provide such additional 
information as the Tribunal considers neces sary in order for the complaint to be 
properly documented. 
Further requests (2) Where the Tribunal receives additi onal information in relation to a 
complaint pursuant to a request made unde r subsection (1) or this subsection, the 
Tribunal may, within twenty-one days afte r the date of receipt of the additional 
information, by notice in writing, requ est the complainant to provide such 
additional information as the Tribunal  considers necessary in order for the 
complaint to be properly documented. 
Tribunal shall 
determine if 
complaint is properly 
documented 25. (1) The Tribunal shall, within twenty-one days after the date of receipt of a 
complaint or, where the Tribunal has requested the complainant to provide 
additional information pursuant to subsection 24(1) or (2), within twenty-one days 
after the receipt of the additional info rmation requested, determine whether the 
complaint is properly documented.  G/SG/N/1/CAN/3 
 Page 19 
 
 
 Notice of 
decision (2) Where the Tribunal determines under subsection (1) that a complaint is 
properly documented, it shall forthwith 
 
(a)  notify the complainant in writing that the complaint is properly 
documented; 
 
(b)  notify each other interested party in writing of the receipt of the complaint 
and that the complaint is properly documented; and 
 
(c)  in the case of a complaint filed under subsection 23(1.03), (1.06) or (1.08), 
send to the Minister a copy of the co mplaint and the information examined 
by the Tribunal in making its determination. 
Idem (3) Where the Tribunal determines under subsection (1) that a complaint is not 
properly documented, it shall forthwith notify the complainant in writing that the 
complaint is not properly documented a nd of its reasons for so concluding. 
R.S., 1985, c. 47 (4th Supp.), s. 25; 1993, c. 44, s. 41; 1997, c. 14, s. 25; 2001, c. 28, s. 23. 
Tribunal shall 
commence 
inquiry 26. (1) Subject to subsections (4) to (7), the Tribunal shall, within thirty days 
after the day on which notice is given to  a complainant that the complaint is 
properly documented, commence an inquiry into the complaint if it is satisfied 
 
(a)  that the information provided by the complainant and any other 
information examined by the Tribunal disclose a reasonable indication that
 
 (i)  in the case of a complaint filed under subsection 23(1), the goods that 
are the subject of the complaint are being imported in such increased 
quantities and under such conditions as to cause or threaten serious 
injury to domestic producers of like or directly competitive goods, 
 
(i.1)  in the case of a complaint filed under subsection 23(1.01), the 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 of that tariff, being imported in such increased quantities and under such conditions th at they alone constitute a cause 
of serious injury to domestic producers of like or directly competitive 
goods, 
 
(i.2)  in the case of a complaint filed under subsection 23(1.02), the goods 
that are entitled to the Mexico Tariff, or the Mexico--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 of that tariff, being 
imported in such increased quantities and under such conditions that 
they alone constitute a cause of serious  injury, or threat thereof, to 
domestic producers of like or directly competitive goods, 
 
(i.3)  in the case of a complaint filed under subsection 23(1.03), the textile 
and apparel goods that are entitled to  the United States Tariff, or the 
Mexico Tariff, in the List of Tariff Provisions set out in the schedule 
to the Customs Tariff  are, as a result of the reduction of that tariff, 
being imported in such increased quantities, in absolute terms or G/SG/N/1/CAN/3 
Page 20  
 
 relative to the market in Canada for the goods, and under such 
conditions as to cause serious damage , or actual threat thereof, to 
domestic producers of like or direc tly competitive textile and apparel 
goods, 
 
(i.4)  in the case of a complaint filed under subsection 23(1.04), the goods 
that are entitled to the Canada-Israel Free Trade Agreement Tariff are, 
as a result of that entitlement, be ing imported in such increased 
quantities and under such conditions th at they alone constitute a cause 
of serious injury to domestic producers of like or directly competitive goods, 
 
(i.5)  in the case of a complaint filed under subsection 23(1.05), the goods 
that are entitled to the Chile Tariff are, as a result of that entitlement, 
being imported in such increased quantities and under such conditions 
that they alone constitute a cause of serious injury, or threat thereof, 
to domestic producers of like or directly competitive goods, 
 
(i.6)  in the case of a complaint filed under subsection 23(1.06), the textile 
and apparel goods that are entitled to the Chile Tariff are, as a result 
of that entitlement, being imported in such increased quantities, in 
absolute terms or relative to the market in Canada for the goods, and 
under such conditions as to cause serious damage, or actual threat 
thereof, to domestic producers of like or directly competitive textile and apparel goods, 
 
(i.7)  in the case of a complaint filed under subsection 23(1.07), the goods 
that are entitled to the Costa Rica Tariff are, as a result of that 
entitlement, being imported in such increased quantities and under 
such conditions that they alone constitute a cause of serious injury, or threat thereof, to domestic producer s of like or directly competitive 
goods, 
 (i.8)  in the case of a complaint filed under subsection 23(1.08), the textile 
and apparel goods that are entitled to the Costa Rica Tariff are, as a 
result of that entitlement, being im ported in such increased quantities, 
in absolute terms or relative to the market in Canada for the goods, 
and under such conditions as to cause serious damage, or actual threat 
thereof, to domestic producers of like or directly competitive textile 
and apparel goods, or 
 (ii)  in the case of a complaint filed under subsection 23(1.1), the 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 cause of serious injury to domestic producers of like or directly competitive goods; 
 
(b)  that the complaint is made by or on behalf of domestic producers who 
produce a major proportion of domestic production of the like or directly 
competitive goods; and  G/SG/N/1/CAN/3 
 Page 21 
 
 
  
(c)  where an inquiry, except an inquiry under sections 30.21 to 30.25, in 
relation to like or directly competitive goods has been completed or 
terminated by the Tribunal under this Act during the twenty-four month 
period preceding the date of receipt of the complaint, that the circumstances are suffi ciently different to warrant a new inquiry. 
Notice of 
decision (2) Where the Tribunal decides to comme nce an inquiry into a complaint under 
subsection (1), it shall forthwith 
 
(a)  notify the complainant and each othe r interested party in writing of its 
decision, of the reasons therefor, and of the date on which any hearing in 
the inquiry shall commence; 
 (b)  cause a notice of its decision and the date on which any hearing in the 
inquiry shall commence to be published in the Canada Gazette ; and 
 (c)  send a copy of its decision, a copy of the complaint and the information 
accompanying the complaint and a copy of any other rele vant information 
examined by the Tribunal in relation to the complaint to the Minister. 
Copies to 
Minister (2.1) Notwithstanding subsection (2), in the case of a complaint filed under 
subsection 23(1.03), (1.06) or (1.08), the Tribunal shall send to the Minister only a 
copy of its decision and a copy of any relevant information examined by the 
Tribunal in relation to the complaint that was not previously sent to the Minister 
under subsection 25(2). 
Idem (3) Where the Tribunal decides not to commence an inquiry into a complaint 
under subsection (1), it shall forthwith 
 
(a)  notify the complainant and each othe r interested party in writing of its 
decision and of the reasons for its re fusal to commence an inquiry and, 
where the reasons for its decision ar e based in whole or in part on 
information that was obtained from a so urce other than the complainant, of 
the fact that the decision was based in whole or in part on such 
information; and 
 
(b)  cause a notice of its decision to be published in the Canada Gazette . 
Evidence of 
dumping or 
subsidizing (4) Where, before commencing an inqu iry into a complaint under subsection 
(1), the Tribunal forms the opinion that the injury or threat of injury alleged in the 
complaint appears to be caused by the dumping or subsidizing of goods within the 
meaning of the Special Import Measures Act , the Tribunal shall forthwith 
 
(a)  by notice in writing, refer the complaint to the Commissioner of Customs 
and Revenue for consideration under the Special Import Measures Act ; 
and 
 (b)  notify the complainant and each other interested party in writing that the 
complaint has been so refe rred to the Commissioner. G/SG/N/1/CAN/3 
Page 22  
 
 Inquiry only in 
case of dumping (5) The Tribunal may commence an inquiry under subsection (1) into a 
complaint that pursuant to subsection (4) is referred to the Commissioner of Customs and Revenue for consideration under the Special Import Measures Act
only if 
 
(a) the Commissioner does not initiate an investigation under that Act 
respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the 
investigation under section 35 or 41 of that Act; and 
 (b) the complainant applies to the Tr ibunal to commence an inquiry under 
subsection (1) 
 
(i)  in the case where the Commissi oner does not initiate such an 
investigation, within thirty days af ter the date of the notice sent to the 
complainant pursuant to subsection 33(1) of that Act advising the complainant of the Commissioner's decision or, where the 
Commissioner or complainant refe rs to the Tribunal the question 
mentioned in subsection 33(2) of that Act, within thirty days after the date the Tribunal renders its advice on the question, or 
 
(ii)  in the case where the Commissioner initiates such an investigation but 
terminates the investigation under section 35 or 41 of that Act, within 
thirty days after the date of th e notice sent to the complainant under 
section 35 or 41 of that Act advising the complainant of the termination 
of the investigation. 
Extension of time (6) The Tribunal shall, within thirty days after the date of receipt of an 
application made under subsection (5), d ecide whether to commence an inquiry 
into the complaint under subsection (1) and it may commence an inquiry 
notwithstanding that the thirty day period referred to in that subsection has expired. 
Time limit on 
inquiry (7) If subsection 55(5) of the Customs Tariff  or subsection 5(3.1) of the Export 
and Import Permits Act prohibits the making of an order under subsection 55(1) of 
the Customs Tariff  or subsection 5(3) of the Export and Import Permits Act in 
respect of any goods during any period, the Tribunal may commence an inquiry 
into a complaint under subsection (1) in respect of the goods no earlier than one hundred and eighty days before the end of the period. 
R.S., 1985, c. 47 (4th Supp.), s. 26; 1988, c. 65, s. 57; 1993, c. 44, s. 42; 1994, c. 
13, s. 7, c. 47, ss. 36, 46(F), 47(F); 1996, c. 33, s. 22; 1997, c. 14, s. 26, c. 36, s. 197; 1999, c. 12, s. 57, c. 17, ss. 114, 115; 2001, c. 28, s. 24; 2002, c. 19, s. 1. 
Principal cause of 
injury 27. (1) The Tribunal shall, in an inquiry into a complaint, determine whether, 
having regard to any regulations made pursuant to paragraph 40( a), 
 
(a)  in the case of a complaint filed under su bsection 23(1), the goods that are 
the subject of the complaint are being imported in such increased 
quantities and under such conditions as to  be a principal cause of serious 
injury, or threat thereof, to domestic producers of like or directly competitive goods; 
  G/SG/N/1/CAN/3 
 Page 23 
 
 
 (a.1)  in the case of a complaint filed under subsection 23(1.01), the 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 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; 
 
(a.2)  in the case of a complaint filed under subsection 23(1.02), the goods 
that are entitled to the Mexico Tariff, or the Mexico--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 of that tariff, 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; 
 (a.3)  in the case of a complaint filed under subsection 23(1.03), the textile 
and apparel goods that are entitled to the United States Tariff, or the 
Mexico Tariff, in the List of Tariff Provisions set out in the schedule to the Customs Tariff are, as a result of the reduction of that tariff, being 
imported in such increased quantities, in  absolute terms or relative to 
the market in Canada for the goods , and under such conditions as to 
cause serious damage, or actual threat  thereof, to domestic producers of 
like or directly competitiv e textile and apparel goods; 
 
(a.4)  in the case of a complaint filed under subsection 23(1.04), the goods 
that are entitled to 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; 
 
(a.5)  in the case of a complaint filed under subsection 23(1.05), the goods 
that are entitled to the Chile Tariff are, as a result of that entitlement, 
being imported in such increased quantities and under such conditions 
that they alone constitute a principa l cause of serious injury, or threat 
thereof, to domestic producers of like or directly competitive goods; 
 (a.6)  in the case of a complaint filed under subsection 23(1.06), the textile 
and apparel goods that are entitled to the Chile Tariff are, as a result of 
that entitlement, being imported in  such increased quantities, in 
absolute terms or relative to the ma rket in Canada for the goods, and
under such conditions as to cause ser ious damage, or actual threat 
thereof, to domestic producers of like or directly competitive textile and apparel goods; 
 
(a.7)  in the case of a complaint filed under subsection 23(1.07), the goods 
that are entitled to the Costa Rica 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 thereof, to domestic producers of like or directly competitive 
goods; G/SG/N/1/CAN/3 
Page 24  
 
  
(a.8)  in the case of a complaint filed under subsection 23(1.08), the textile 
and apparel goods that are entitled to the Costa Rica Tariff are, as a 
result of that entitlement, being impor ted in such increased quantities, 
in absolute terms or relative to the market in Canada for the goods, and 
under such conditions as to cause ser ious damage, or actual threat 
thereof, to domestic producers of like or directly competitive textile and 
apparel goods; or 
 
(b)  in the case of a complaint filed under subsection 23(1.1), the 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. 
Definition of 
"principal cause" (2) For the purposes of subsection (1), "pri ncipal 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 thereof. 
Considerations (2.1) In making a determin ation under paragraph (1)( a.3), regard shall be had 
to paragraph 2 of section 4 of Annex 300-B  of Chapter Three of the Agreement. 
Considerations (2.2) In making a determin ation under paragraph (1)( a.6), regard shall be had 
to paragraph 2 of section 3 of Annex C-00-B of the CCFTA. 
Considerations (2.3) In making a determin ation under paragraph (1)( a.8), regard shall be had 
to paragraph 2 of section 4 of Annex III.1 of the CCRFTA. 
Other matters (3) The Tribunal shall, in an inquiry into a complaint, examine any other 
matter in relation to the complaint that th e Governor in Council refers to it for 
examination. R.S., 1985, c. 47 (4th Supp.), s. 27; 1988, c. 65, s. 58; 1993, c. 44, s. 43; 1994, c. 
47, ss. 46(F), 47(F); 1996, c. 33, s. 23; 1997, c. 14, s. 27, c. 36, s. 198; 2001, c. 28, 
s. 25. 
Reference to 
Commissioner 28. (1) Where, at any time during an inquiry into a complaint, the Tribunal 
forms the opinion that the injury or threat of injury alleged in the complaint 
appears to be caused by the dumping or subsidizing of goods within the meaning of the Special Import Measures Act , the Tribunal shall forthwith adjourn the 
inquiry, give notice thereof to the complain ant and each other interested party and, 
by notice in writing, refer the complain t to the Commissioner of Customs and 
Revenue for consideration under the Special Import Measures Act . 
Resumption of 
inquiry (2) Where, pursuant to subsection (1), the Tribunal adjourns an inquiry into a 
complaint and refers the complaint to the Commissioner of Customs and Revenue 
for consideration under the Special Import Measures Act , the Tribunal shall 
resume the inquiry only if 
 
(a)  the Commissioner does not initiate an investigation under that Act 
respecting the dumping or subsidizing of the goods that are the subject of the complaint or initiates such an investigation but terminates the 
investigation under section 35 or 41 of that Act; and 
  G/SG/N/1/CAN/3 
 Page 25 
 
 
 (b)  the complainant applies to the Tribunal to resume the inquiry 
 
(i)  in the case where the Commissi oner does not initiate such an 
investigation, within thirty days af ter the date of the notice sent to the 
complainant pursuant to subsection 33(1) of that Act advising the 
complainant of the Commissioner's decision or, where the 
Commissioner or complainant refe rs to the Tribunal the question 
mentioned in subsection 33(2) of that Act, within thirty days after the 
date the Tribunal renders its advice on the question, or 
 (ii) in the case where the Commissioner initiates such an investigation but 
terminates the investigation under section 35 or 41 of that Act, within 
thirty days after the date of th e notice sent to the complainant under 
section 35 or 41 of that Act advising the complainant of the termination 
of the investigation. 
Termination of 
inquiry (3) Where the Tribunal decides not to r esume an inquiry pursuant to subsection 
(2) by reason that the conditions referred to  in that subsection have not been met, 
the Tribunal shall terminate the inquiry and cause written notice of such 
termination to be given forthwith to the complainant and each other interested party. 
R.S., 1985, c. 47 (4th Supp.), s. 28; 1994, c. 13, s. 7, c. 47, s. 46(F); 1999, c. 12, s. 
58, c. 17, ss. 114, 115. 
Report on inquiry 29. (1) The Tribunal shall prepare a report on each inquiry commenced by it 
under subsection 26(1) not later than one hundred and eighty days after the inquiry 
is commenced. 
Extension of time (2) Where, in the opinion of the Tribunal, the period referred to in subsection 
(1) should be extended for any reason incl uding, without limiting the generality of 
the foregoing, 
 
(a)  the complexity or novelty of the issues presented by the inquiry, 
 
(b)  the variety of goods or number of persons involved in the inquiry, 
 (c)  the difficulty of obtaining satisfactory evidence in the inquiry, or 
 
(d)  the reference, pursuant to subsection 27(3), of any other matter for 
examination in the inquiry, 
 
the Tribunal may extend that period by not more than ninety days and, where it 
does so extend the period, it shall so notify the complainant and each other 
interested party forthwith in writing. 
Copies of report (3) The Tribunal shall submit a copy of each report prepared by it pursuant to 
subsection (1) to the Governor in Council,  the Minister, the complainant and any 
other person who made representations to the Tribunal during the inquiry. 
Notice of report (4) Where the Tribunal has prepared a report on an inquiry pursuant to 
subsection (1), it shall cause notice thereof 
 
(a)  to be given to each other interested party; and 
 G/SG/N/1/CAN/3 
Page 26  
 
 (b)  to be published in the Canada Gazette . 
Tabling of report 
in certain cases (5) Where, pursuant to subsection 27(3), the Governor in Council refers a 
matter to the Tribunal for examination in an inquiry into a complaint, the Minister 
shall cause a copy of the report on the inquiry 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 submitted to the Governor in Council. 
R.S., 1985, c. 47 (4th Supp.), s. 29; 2002, c. 19, s. 2(F). 
Further inquiry 30. (1) The Governor in Council may, at any time after the receipt of a report 
on an inquiry into a complaint prepared  by the Tribunal pursuant to subsection 
29(1), request the Tribunal to inquire into and report to the Governor in Council on 
any matter in relation to that report. 
Terms of 
reference (2) The Tribunal shall conduct an in quiry under subsection (1) and shall 
prepare its report thereon in accordance with the terms of reference therefor established by the Governor in Council. 
Copies of report (3) The Tribunal shall send a copy of each  report submitted to the Governor in 
Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted 
pursuant to subsection 29(3). 
Notice of report (4) The Tribunal shall cause notice of the submission of a report to the 
Governor in Council pursuant to subsection (1) 
 
(a)  to be given to each other interested party; and 
 
(b)  to be published in the Canada Gazette . 
Tabling of report (5) The Minister shall cause a copy of each report submitted to the Governor in 
Council pursuant to subsection (1) to be la id before each House of Parliament on 
any of the first fifteen days on which th at House is sitting after the report is so 
submitted. 
R.S., 1985, c. 47 (4th Supp.), s. 30; 2002, c. 19, s. 3(F). 
Definition of 
"surge" 30.01  (1) In this section, "surge" has the meaning given that word by Article 
805 of the Agreement. 
Filing of surge 
complaint (2) A written complaint may be filed with the Tribunal where 
 
(a)  any goods are subject to a surtax under subsection 55(1) or 63(1) of the 
Customs Tariff or are included on the Import Control List under subsection 
5(3) or (3.2) of the Export and Import Permits Act ; and 
 
(b)  the surtax or inclusion does not apply to or include goods imported from a 
NAFTA country on the basis of a de termination made under subsection 
20.01(2) or (2.1) of this Act. 
Allegations (2.1) The complaint must allege that a surge of imports of goods imported 
from a NAFTA country undermines the effectiv eness of the surtax or the inclusion 
of the goods on the Import Control List.  G/SG/N/1/CAN/3 
 Page 27 
 
 
 Who must file 
complaint (2.2) The complaint must be filed by a domestic producer of like or directly 
competitive goods, or a person or associa tion acting on behalf of any such 
domestic producer. 
Contents of 
complaint (3) A complaint shall state in reasonable detail the facts on which the 
allegations are based and shall be accompanied by such information as is available to the complainant to prove those fact s and such other information as may be 
required by the rules. 
Commencement 
of inquiry (4) The Tribunal shall, within thirty days after the date of receipt of a 
complaint, commence an inquiry into the complaint if it is satisfied that the 
information provided by the complainant and any other information examined by the Tribunal disclose a reasonable indication that a surge of imports of goods 
referred to in subsection (2) is undermini ng the effectiveness of the surtax or 
inclusion referred to in that subsection. 
Notice of 
decision (5) Where the Tribunal decides not to commence an inquiry into a complaint 
under subsection (4), it shall forthwith notify the complainant and each other 
interested party in writing of its decisi on and of the reasons for the refusal to 
commence an inquiry and, where the reasons for its decision are based in whole or 
in part on information that was obtained fro m a source other than the complainant, 
of the fact that the decision was based in whole or in part on that information. 
Surge of imports (6) The Tribunal shall, in the inquiry, determine whether a surge of imports of 
goods referred to in subsection (2) is undermining the effec tiveness of the surtax or 
inclusion referred to in that subsection. 
Report (7) The Tribunal shall prepare a report on the inquiry not later than sixty days 
after the inquiry is commenced and submit copies of it to the Governor in Council, 
the Minister, the complainant and any person who made representations to the 
Tribunal during the inquiry. 
Notice of report (8) The Tribunal shall cause notice of the report to be given to other interested 
parties and to be published in the Canada Gazette . 
1993, c. 44, s. 44; 1994, c. 47, s. 37; 1997, c. 36, s. 199. 
Filing of surge 
complaint -- 
CIFTA 30.011  (1) A written complaint may be filed with the Tribunal where 
 
(a)  any goods are subject to a surtax under subsection 55(1) or 63(1) of the 
Customs Tariff or are included on the Import Control List under subsection 
5(3) or (3.2) of the Export and Import Permits Act ; and 
 
(b)  the surtax or inclusion does not apply to or include goods imported from 
Israel or another CIFTA beneficiary on the basis of a determination made 
under subsection 20.02(1) or (3). 
Allegations (2) The complaint must allege that a surge of imports of goods imported from 
Israel or another CIFTA beneficiary undermines the effectiveness of the surtax or 
the inclusion of the goods on the Import Control List. 
Who must file 
complaint (3) The complaint must be filed by a domestic producer of like or directly 
competitive goods, or a person or associati on acting on behalf of such a domestic 
producer. G/SG/N/1/CAN/3 
Page 28  
 
 Contents of 
complaint (4) A complaint must state in reasonable detail the facts on which the 
allegations are based and must be accompanied by such information as is available to the complainant to prove those fact s and such other information as may be 
required by the rules. 
Commencement 
of inquiry (5) The Tribunal shall, within thirty days after the date of receipt of a 
complaint, commence an inquiry into the complaint if it is satisfied that the 
information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that a surge of imports of goods 
referred to in subsection (1) is undermini ng the effectiveness of the surtax or the 
inclusion referred to in that subsection. 
Notice of 
decision (6) Where the Tribunal decides not to commence an inquiry into a complaint 
under subsection (5), it shall immediately notify the complainant and each other 
interested party in writing of its decisi on and of the reasons for the refusal to 
commence an inquiry and, where the reasons for its decision are based in whole or 
in part on information that was obtained fro m a source other than the complainant, 
of the fact that the decision was based in whole or in part on that information. 
Surge of imports (7) The Tribunal shall, in the inquiry, determine whether a surge of imports of 
goods referred to in subsection (1) is undermining the effec tiveness of the surtax or 
the inclusion referred to in that subsection. 
Report (8) The Tribunal shall prepare a report on the inquiry not later than sixty days 
after the inquiry is commenced and submit copies of it to the Governor in Council, 
the Minister, the complainant and any person who made representations to the Tribunal during the inquiry. 
Notice of report (9) The Tribunal shall cause notice of the report to be given to other interested 
parties and to be published in the Canada Gazette . 
1996, c. 33, s. 24; 1997, c. 36, s. 200. 
Definition of 
"surge" 30.012  (1) In this section, "surge" has the meaning given that word by Article 
F-05 of the CCFTA. 
Filing of surge 
complaint (2) A written complaint may be filed with the Tribunal if 
 
(a)  any goods are subject to a surtax under subsection 55(1) or 63(1) of the 
Customs Tariff  or are included on the Import Control List under subsection 
5(3) or (3.2) of the Export and Import Permits Act ; and 
 
(b)  the surtax or inclusion does not apply to or include goods imported from 
Chile on the basis of a determination made under subsection 20.03(2) or (4) of this Act. 
Allegations (3) The complaint must allege that a surge of imports of goods imported from 
Chile undermines the effectiveness of the surt ax or the inclusion of the goods on 
the Import Control List. 
Who must file 
complaint (4) The complaint must be filed by a domestic producer of like or directly 
competitive goods, or a person or associa tion acting on behalf of any such 
domestic producer.  G/SG/N/1/CAN/3 
 Page 29 
 
 
 Contents of 
complaint (5) A complaint must state in reasonable detail the facts on which the 
allegations are based and must be accompanied by the information that is available to the complainant to prove those facts and any other information that may be 
required by the rules. 
Commencement 
of inquiry (6) The Tribunal shall, within thirty days after the date of receipt of a 
complaint, commence an inquiry into the complaint if it is satisfied that the 
information provided by the complainant and any other information examined by 
the Tribunal discloses a reasonable indication that a surge of imports of goods 
referred to in subsection (2) is undermini ng the effectiveness of the surtax or 
inclusion referred to in that subsection. 
Notice of 
decision (7) Where the Tribunal decides not to commence an inquiry into a complaint 
under subsection (6), it shall immediately notify the complainant and each other 
interested party in writing of its decisi on and of the reasons for the refusal to 
commence an inquiry and, if the reasons for its decision are based in whole or in 
part on information that was obtained from a source other than the complainant, of 
the fact that the decision was based in whole or in part on that information. 
Surge of imports (8) The Tribunal shall, in the inquiry, determine whether a surge of imports of 
goods referred to in subsection (2) is undermining the effec tiveness of the surtax or 
inclusion referred to in that subsection. 
Report (9) The Tribunal shall prepare a report on the inquiry not later than sixty days 
after the inquiry is commenced and submit copies of it to the Governor in Council, 
the Minister, the complainant and any person who made representations to the Tribunal during the inquiry. 
Notice of report (10) The Tribunal shall cause notice of the report to be given to other 
interested parties and to be published in the Canada Gazette . 
1997, c. 14, s. 28, c. 36, s. 201. 
 
EXTENSION INQUIRIES 
Definition of 
"extension request" 30.02  In sections 30.03 to 30.09, "exten sion request" means a written request 
filed with the Tribunal under section 30.04. 
1994, c. 47, s. 38. 
Notice of 
expiring orders 30.03  (1) The Tribunal shall cause to be published in the Canada Gazette a 
notice of the expiry date of any order that imposes a surtax on any goods under 
subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff  or includes 
any goods on the Import Control List under subsection 5(3), (3.2) or (4.1) of the 
Export and Import Permits Act , but no notice shall be published if 
 
(a)  the order is repealed or ceases to ha ve effect under subsection 56(1) or (2), 
59(2) or 63(5) or section 64 of the Customs Tariff  or is revoked under 
subsection 5(4.4) of the Export and Import Permits Act  before the end of 
the effective period specified in the order; or 
 
(b)  the total of the effective period specified in the order and any periods 
during which the goods were subject to any related orders made under 
subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff or G/SG/N/1/CAN/3 
Page 30  
 
 subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act is 
eight years. 
Manner and 
contents of publication (2) The notice shall be published in ac cordance with the rules and shall state 
the final date for filing an extension request in respect of the order. 
1994, c. 47, s. 38; 1996, c. 33, s. 25; 1997, c. 14, s. 29, c. 36, s. 202. 
Filing of request 
relating to 
extension orders 30.04  (1) Any domestic producer of goods that are like or directly competitive 
with any goods that are subject to an order referred to in subsection 30.03(1), or any person or association acting on behalf of any such domestic producer, may file 
with the Tribunal a written request that  an extension order be made under 
subsection 63(1) of the Customs Tariff  or subsection 5(3.2) of the 
Export and 
Import Permits Act because an order continues to  be necessary to prevent or 
remedy serious injury to domestic produ cers of like or directly competitive goods. 
Time limit for 
filing extension 
request (2) An extension request shall be filed no later than the final date for filing 
specified in the notice published pursuant to subsection 30.03(2). 
Receipt to be 
acknowledged (3) The Tribunal shall, forthwith after receipt of an extension request, notify 
the requester in writing of its receipt and the date of its receipt. 
1994, c. 47, s. 38; 1996, c. 33, s. 26; 1997, c. 14, s. 30, c. 36, s. 203. 
Contents of 
extension request 30.05  (1) An extension request shall 
 
(a)  state in reasonable detail the facts on which it is based; 
 (b)  state an estimate of the total percentage of Canadian production of the like 
or directly competitive goods that is produced by the domestic producers 
by whom or on whose behalf the extension request is filed; and 
 
(c) make such other representations as the requester deems relevant to the 
matter. 
Accompanying 
information (2) An extension request shall be accompanied by 
 
(a)  such information as is available to the requester to prove the facts referred 
to in paragraph (1)( a) and to substantiate the estimate referred to in 
paragraph (1)( b); and 
 
(b)  such other information as may be required by the rules. 
1994, c. 47, s. 38. 
Request for 
additional information 30.06  (1) Within twenty-one days afte r receiving an extension request, the 
Tribunal may, by notice in writing, ask the requester to provide such additional 
information as the Tribunal considers neces sary for the request to be properly 
documented. 
Tribunal shall 
determine if 
complaint is properly 
documented (2) The Tribunal shall determine whethe r an extension request is properly 
documented within twenty-one days afte r receiving the request or, where the 
Tribunal has asked the requester to provi de additional information pursuant to 
subsection (1), within twenty-one days af ter receiving the additional information.  G/SG/N/1/CAN/3 
 Page 31 
 
 
 Notice where 
request properly 
documented (3) Where the Tribunal determines that  an extension request is properly 
documented, it shall forthwith 
 
(a)  notify the requester in writing that the request is properly documented; and
 
(b) notify each other interested party in writing that it has received the request 
and that the request is properly documented. 
Notice where 
request not 
properly 
documented (4) Where the Tribunal determines that an extension request is not properly 
documented, it shall forthwith notify the requester in writing that the request is not 
properly documented and of its reasons for so concluding. 1994, c. 47, s. 38. 
Inquiries into 
extension 
requests 30.07  (1) The Tribunal shall commence an inquiry into an extension request 
within thirty days after notice is given to the requester that the extension request is properly documented if the Tribunal is satisfied 
 
(a)  that the information provided by th e requester and any other information 
examined by the Tribunal discloses a reasonable indication that an order 
continues to be necessary to prevent or  remedy serious injury to domestic 
producers of like or directly competitive goods; and 
 
(b)  that the extension request is made  by or on behalf of domestic producers 
who produce a major proportion of do mestic production of the like or 
directly competitive goods. 
Notice of 
decision (2) Where the Tribunal decides to comme nce an inquiry into an extension 
request under subsection (1), it shall forthwith 
 
(a)  notify the requester and each other interested party in writing of its 
decision, of the reasons for its deci sion and of the date on which any 
hearing in the inquiry shall commence; 
 
(b) cause a notice of its decision and th e date on which any hearing in the 
inquiry shall commence to be published in the Canada Gazette ; and 
 
(c)  send to the Minister a copy of its decision, a copy of the request and the 
information accompanying the request and a copy of any other relevant 
information examined by the Tribunal in relation to the request. 
Idem (3) Where the Tribunal decides not to co mmence an inquiry into an extension 
request under subsection (1), it shall forthwith 
 
(a)  notify the requester and each other interested party in writing of its 
decision and of the reasons for its re fusal to commence an inquiry and, 
where the reasons for its decision ar e based in whole or in part on 
information that was obtained from a source other than the requester, of 
the fact that the decision was based in whole or in part on such information; and 
 
(b)  cause a notice of its decision to be published in the Canada Gazette . 
1994, c. 47, s. 38. G/SG/N/1/CAN/3 
Page 32  
 
 Continuing 
necessity of order 30.08  (1) The Tribunal shall, in an inquiry  into an extension request, determine 
whether 
 
(a)  an order continues to be necessary to  prevent or remedy serious injury to 
domestic producers of like or directly competitive goods; and 
 
(b)  there is evidence that the domestic producers of like or directly 
competitive goods are adjusting, as de termined in accordance with any 
regulations made under paragraph 40( b). 
Other matters (2) The Tribunal shall, in an inquiry into an extension request, examine any 
other matter in relation to the extension re quest that the Governor in Council refers 
to it for examination. 
1994, c. 47, s. 38. 
Report on 
extension inquiry 30.09  (1) Not later than forty-five days be fore the expiration date of the order 
to which an inquiry under subsection 30.07( 1) relates, the Tribunal shall prepare a 
report on the inquiry and submit a copy of it to the Governor in Council, the Minister, the requester and any other pe rson who made representations to the 
Tribunal during the inquiry. 
Notice of report (2) Where the Tribunal has prepared a report on an inquiry pursuant to 
subsection (1), it shall cause notice of the report 
 
(a)  to be given to each other interested party; and 
 
(b)  to be published in the Canada Gazette . 
Tabling of report 
in certain cases (3) Where, pursuant to subsection 30.08(2 ), the Governor in Council refers a 
matter to the Tribunal for examination in an inquiry into an extension request, the 
Minister shall cause a copy of the report on the inquiry 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 submitted to  the Governor in Council. 
1994, c. 47, s. 38. 
 
COMPLAINTS BY POTENTIAL SUPPLIERS 
Definitions 30.1 In this section and in sections 30.11 to 30.19, 
"complaint" 
« plainte  » "complaint" means a complaint filed with the Tribunal under subsection 30.11(1); 
"designated 
contract" « contrat 
spécifique  » "designated contract" means a contract for the supply of goods or services that has 
been or is proposed to be awarded by a government institution and that is 
designated or of a class of contracts designated by the regulations; 
"government 
institution" 
« institution 
fédérale  » "government institution" means any depart ment or ministry of state of the 
Government of Canada, or any other body or office, that is designated by the 
regulations; 
"interested party" 
« intéressée  » "interested party" means a potential supplier or any person who has a material and 
direct interest in any matter that is the subject of a complaint;  G/SG/N/1/CAN/3 
 Page 33 
 
 
 "potential 
supplier" 
« fournisseur 
potentiel  » "potential supplier" means, subject to any regulations made under paragraph 
40(f.1), a bidder or prospective bidder on a designated contract. 
1993, c. 44, s. 44; 1994, c. 47, s. 39. 
Filing of 
complaint 30.11  (1) Subject to the regulations, a potential supplier may file a complaint 
with the Tribunal concerning any aspect of the procurement process that relates to 
a designated contract and request the Tr ibunal to conduct an inquiry into the 
complaint. 
Contents of 
complaint (2) A complaint must 
 
(a)  be in writing; 
 
(b)  identify the complainant, the designated contract concerned and the 
government institution that awarded or proposed to award the contract; 
 (c)  contain a clear and detailed statement of the substantive and factual 
grounds of the complaint; 
 (d)  state the form of relief requested; 
 
(e)  set out the address of the complainant to which notices and other 
communications respecting the complaint may be sent; 
 
(f)  include all information and documents relevant to the complaint that are in 
the complainant's possession; 
 
(g)  
be accompanied by any additional inform ation and documents required by 
the rules; and 
 
(h)  be accompanied by the fees required by the regulations. 
Chairperson may 
assign member (3) The Chairperson may assign one member of the Tribunal to deal with a 
complaint and a member so assigned has and may exercise all of the Tribunal's 
powers, and has and may perform all of the Tribunal's duties and functions, in 
relation to the complaint. 
1993, c. 44, s. 44; 1994, c. 47, s. 40(E); 1999, c. 12, s. 61(E). 
Notice of receipt 30.12  (1) The Tribunal shall notify the complainant in writing of the receipt of 
the complaint. 
Notice of 
deficiency (2) Where the Tribunal determines that a complaint does not comply with 
subsection 30.11(2), it shall notify the complainant in writing and specify the 
deficiencies to be corrected, the correc tive action required and the period within 
which the action must be taken. 
Notice of 
compliance (3) Where the Tribunal determines that  a complaint complies with subsection 
30.11(2), it shall notify, in writing, the complainant, the relevant government 
institution and any other party that the Tri bunal considers to be an interested party.
1993, c. 44, s. 44. G/SG/N/1/CAN/3 
Page 34  
 
 Decision to 
conduct inquiry 30.13  (1) Subject to the regulations, after the Tribunal determines that a 
complaint complies with subsection 30.11(2) , it shall decide whether to conduct an 
inquiry into the complaint, which inquiry may include a hearing. 
Notice of inquiry (2) Where the Tribunal decides to conduct an inquiry, it shall notify, in writing, 
the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested pa rty and give them an opportunity to make 
representations to the Tribunal with respect to the complaint. 
Postponement of 
award of contract (3) Where the Tribunal decides to conduct an inquiry into a complaint that 
concerns a designated contract propo sed to be awarded by a government 
institution, the Tribunal may order the government institution to postpone the 
awarding of the contract until the Tri bunal determines the validity of the 
complaint. 
Idem (4) The Tribunal shall rescind an order made under subsection (3) if, within the 
prescribed period after the order is made , the government institution certifies in 
writing that the procurement of the goods or services to which the designated 
contract relates is urgent or that a delay in awarding the contract would be contrary 
to the public interest. 
Decision not to 
conduct or to 
cease inquiry (5) The Tribunal may decide not to conduct an inquiry into a complaint or 
decide to cease conducting an inquiry if it is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, and where the Tribunal 
so decides, it shall notify, in writing, th e complainant, the relevant government 
institution and any other party that the Tri bunal considers to be an interested party 
of that decision and the reasons therefor. 
1993, c. 44, s. 44. 
Matters inquired 
into 30.14  (1) In conducting an inquiry, the Tribuna l shall limit its considerations to 
the subject-matter of the complaint. 
Matter to be 
decided (2) At the conclusion of an inquiry, the Tribunal shall determine whether the 
complaint is valid on the basis of whether the procedures and other requirements 
prescribed in respect of the designated contract, or the class of contracts to which it 
belongs, have been or are being observed. 1993, c. 44, s. 44. 
Findings and 
recommendations 30.15  (1) Where the Tribunal decides to conduct an inquiry, it shall, within the 
prescribed period after the complaint is file d, provide the complainant, the relevant 
government institution and any other party that the Tribunal considers to be an 
interested party with the Tribunal's findings and recommendations, if any. 
Remedies (2) Subject to the regulations, where the Tribunal determines that a complaint 
is valid, it may recommend such remedy as it considers appropriate, including any 
one or more of the following remedies: 
 
(a)  that a new solicitation for the designated contract be issued; 
 
(b)  that the bids be re-evaluated; 
 
(c)  that the designated contract be terminated; 
 
(d)  that the designated contract be awarded to the complainant; or  G/SG/N/1/CAN/3 
 Page 35 
 
 
  
(e)  that the complainant be compensat ed by an amount specified by the 
Tribunal. 
Criteria to be 
applied (3) The Tribunal shall, in recommending an appropriate remedy under 
subsection (2), consider all the circumst ances relevant to the procurement of the 
goods or services to which the designated contract relates, including 
 
(a)  the seriousness of any deficiency in  the procurement process found by the 
Tribunal; 
 (b)  the degree to which the complainant and all other interested parties were 
prejudiced; 
 (c)  the degree to which the integrit y and efficiency of the competitive 
procurement system was prejudiced; 
 (d)  whether the parties acted in good faith; and 
 
(e)  the extent to which the contract was performed. 
Cost of preparing 
response (4) Subject to the regulations, the Tribunal may award to the complainant the 
reasonable costs incurred by the compla inant in preparing a response to the 
solicitation for the designated contract. 
1993, c. 44, s. 44. 
Costs 30.16  (1) Subject to the regulations, the Tribunal may award costs of, and 
incidental to, any proceedings before it in  relation to a complaint on a final or 
interim basis and the costs may be fixed at a sum certain or may be taxed. 
Payment (2) Subject to the regulations, the Tribunal may direct by whom and to whom 
any costs are to be paid and by whom  they are to be taxed and allowed. 
1993, c. 44, s. 44. 
Intervenors 30.17  An interested party may, with leav e of the Tribunal, intervene in any 
proceedings before the Tribunal in relation to a complaint. 
1993, c. 44, s. 44. 
Implementation 
of 
recommendations 30.18  (1) Where the Tribunal makes recommendations to a government 
institution under section 30.15, the governme nt institution shall, subject to the 
regulations, implement the recommendations to the greatest extent possible. 
Notice of 
intention (2) Within the prescribed period, the government institution shall advise the 
Tribunal in writing of the extent to  which it intends to implement the 
recommendations and, if it does not intend to implement them fully, the reasons for not doing so. 
Notice of 
progress (3) Where the government institution has advised the Tribunal that it intends to 
implement the recommendations in whole or in part, it shall further advise the Tribunal in writing, within the prescribed pe riod, of the extent to which it has then 
implemented the recommendations. 
1993, c. 44, s. 44. G/SG/N/1/CAN/3 
Page 36  
 
 Comments and 
observations 30.19  (1) The Tribunal may provide the deputy head of a government 
institution with its comments and observations on any matter that the Tribunal considers should be brought to the atten tion of the deputy head in connection with 
the procurement process. 
Definition of 
"deputy head" (2) In subsection (1), "deputy head" means 
 
(a)  where the government institution is a department or ministry of state, the 
person having by law the status of deputy head; and 
 
(b)  where the government institution is an y other body or an office, the chief 
executive officer of that body or  the person holding that office. 
1993, c. 44, s. 44. 
 
SAFEGUARD MEASURES IN RESPECT OF CHINA 
Definitions 30.2 The following definitions apply in this section and in sections 30.21 to 
30.25. 
"action" 
« mesure  » "action" means 
 
(a)  any action, including a provisional action, taken 
 
 (i)  by the People's Republic of China to prevent or remedy market 
disruption in a WTO Member other than Canada, or 
 
 (ii)  by a WTO Member other than Canada to withdraw concessions 
under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that 
Member caused or threatened by the importation of goods 
originating in the People's Republic of China; or 
 
(b)  any combination of actions  referred to in paragraph ( a). 
"market 
disruption" 
« désorganisation 
du marché  » "market disruption" means a rapid increase in the importation of goods that are 
like or directly competitive with goods produced by a domestic industry, in 
absolute terms or relative to the production of those goods by a domestic 
industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. 
"significant 
cause" « cause 
importante  » "significant cause" means, in respect of a material injury or threat thereof, an 
important cause that need not be as im portant as, or more important than, any 
other cause of the material injury or threat. 
"WTO Member" 
« membre de 
l'OMC  » "WTO Member" means a Member of the World Trade Organization established by 
Article I of the Agreement Establishing  the World Trade Organization, signed 
at Marrakesh on 15 April 1994. 
2002, c. 19, s. 4.  G/SG/N/1/CAN/3 
 Page 37 
 
 
 Inquiry into 
market disruption 
and trade diversion 30.21  (1) The Tribunal shall inquire into a nd report to the Governor in Council 
on any matter in relation to 
 
(a)  the importation of goods originating in the People's Republic of China into 
Canada 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, or 
 
(b)  any action that causes or threatens to cause a significant diversion of trade 
into the domestic market in Canada 
 
that the Governor in Council refers to the Tribunal for inquiry. 
Terms of 
reference (2) The Tribunal shall conduct an in quiry under subsection (1) and shall 
prepare its report on it in accordance with the terms of reference established by the 
Governor in Council. 
Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in 
Council pursuant to this section to be laid before each House of Parliament on any 
of the first fifteen days on which that H ouse is sitting after the report is submitted. 
Notice of report (4) The Tribunal shall cause a notice of  the submission of a report pursuant to 
this section to be published in the Canada Gazette . 
2002, c. 19, s. 4. 
Filing of 
complaint -- 
market disruption 30.22  (1) Any domestic producer of goods that are like or directly competitive 
with goods originating in the People's Republic of China being imported into 
Canada, or any person or association ac ting on behalf of any such domestic 
producer, may file a written complaint with  the Tribunal alleging that the imported 
goods are being imported in such increased quantities or under such conditions as 
to cause or threaten to cause market di sruption to domestic producers of like or 
directly competitive goods. 
Contents of 
complaint (2) A complaint shall 
 
(a)  state in reasonable detail the facts on which the allegations are based; 
 
(b)  state an estimate of the total percentage of Canadian production of the like 
or directly competitive goods that is produced by the domestic producers 
by whom or on whose behalf the complaint is filed; 
 (c)  
be accompanied by any information that is available to the complainant to 
support the facts referred to in paragraph ( a) and to substantiate the 
estimate referred to in paragraph ( b); 
 
(d)  be accompanied by any other information that may be required by the 
rules; and 
 
(e)  make any other representations that the complainant deems relevant to the 
matter. 
Commencement 
of inquiry (3) On receipt of a complaint that meet s the requirements of subsection (2), the 
Tribunal shall commence an inquiry into the complaint if it is satisfied G/SG/N/1/CAN/3 
Page 38  
 
  
(a)  that the information provided by the complainant and any other 
information examined by the Tribunal discloses a reasonable indication 
that the goods originating in the People's Republic of China that are the 
subject of the complaint are being im ported 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; 
 
(b)  that the complaint is made by or on behalf of domestic producers who 
produce a major proportion of the domestic production of the like or directly competitive goods; and 
 
(c)  where an inquiry under this section and sections 30.21 and 30.23 to 30.25 
in relation to like or directly competitive goods has been completed or 
terminated during the twelve-month period preceding the date of receipt of 
the complaint, that the circumstances are sufficiently different to warrant a 
new inquiry. 
Notice of 
decision to 
commence inquiry (4) Where the Tribunal decides to commen ce an inquiry into the complaint, it 
shall immediately 
 
(a)  notify the complainant and each othe r interested party in writing of its 
decision, of the reasons for it and of the date on which any hearing in the 
inquiry shall commence; 
 (b)  cause a notice of its decision and the date on which any hearing in the 
inquiry shall commence to be published in the Canada Gazette ; and 
 (c)  send to the Minister a copy of its decision, a copy of the complaint, and 
the information accompanying the complaint, and a copy of any other 
relevant information examined by  the Tribunal in relation to the 
complaint. 
Notice of 
decision not to 
commence inquiry (5) Where the Tribunal decides not to commence an inquiry into the complaint, 
it shall immediately 
 
(a)  notify the complainant and each othe r interested party in writing of its 
decision, of the reasons for its refusal to commence an inquiry and, where 
the reasons for its decision are based in whole or in part on information 
that was obtained from a source other than  the complainant, of the fact that 
the decision was based in whole or in part on such information; and 
 
(b)  cause a notice of its decision to be published in the Canada Gazette . 
Determination by 
Tribunal (6) The Tribunal shall, in the inquiry in to the complaint, determine whether, 
having regard to any regulations made pursuant to paragraphs 40( a) and ( k.1), the 
goods originating in the People's Republic of China that are the subject of the complaint are being imported in such incr eased quantities or under such conditions 
that they cause or threaten  to cause market disruption to domestic producers of like 
or directly competitive goods.  G/SG/N/1/CAN/3 
 Page 39 
 
 
 Other matters (7) The Tribunal shall, in the inquiry into the complaint, examine any other 
matter in relation to the complaint that th e Governor in Council refers to it for 
examination. 
Report on inquiry (8) The Tribunal shall prepare a report on the inquiry not later than ninety days 
after the inquiry is commenced and shall submit a copy of it to the Governor in 
Council, the Minister, the complain ant and any other person who made 
representations to the Tribunal during the inquiry. 
Notice of report (9) The Tribunal shall cause a notice of the report to be given to each other 
interested party and to be published in the Canada Gazette . 
Tabling of report 
in certain cases (10) Where, pursuant to subsection (7), the Governor in Council refers a matter 
to the Tribunal, the Minister shall cause a copy of the report on the inquiry 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 s ubmitted to the Governor in Council. 
2002, c. 19, s. 4. 
Filing of 
complaint -- trade 
diversion 30.23  (1) Any domestic producer of goods that are like or directly competitive 
with goods that are subject to any acti on, or any person or association acting on 
behalf of any such domestic producer, may file a written complaint with the 
Tribunal alleging that the action causes or threatens to cause a significant diversion 
of trade into the domestic market in Canada. 
Contents of 
complaint (2) A complaint shall 
 
(a)  state in reasonable detail the facts on which the allegations are based; 
 
(b)  state an estimate of the total percentage of Canadian production of the like 
or directly competitive goods that is produced by the domestic producers 
by whom or on whose behalf the complaint is filed; 
 
(c)  be accompanied by any information that is available to the complainant to 
support the facts referred to in paragraph ( a) and to substantiate the 
estimate referred to in paragraph ( b); 
 
(d)  be accompanied by any other information that may be required by the 
rules; and 
 
(e)  make any other representations that the complainant deems relevant to the 
matter. 
Commencement 
of inquiry 
 (3) On receipt of a complaint that meet s the requirements of subsection (2), the 
Tribunal shall commence an inquiry into the complaint if it is satisfied 
 
 (a)  that the information provided by the complainant and any other 
information examined by the Tribunal discloses a reasonable indication that an action causes or threatens to cause a significant diversion of trade 
into the domestic market in Canada; and 
 (b)  that the complaint is made by or on behalf of domestic producers who
produce a major proportion of domestic production of the like or directly 
competitive goods. G/SG/N/1/CAN/3 
Page 40  
 
 Notice of 
decision to 
commence inquiry (4) Where the Tribunal decides to commen ce an inquiry into the complaint, it 
shall immediately 
 
(a)  notify the complainant and each othe r interested party in writing of its 
decision, of the reasons for it and of the date on which any hearing in the 
inquiry shall commence; 
 (b)  cause a notice of its decision and the date on which any hearing in the 
inquiry shall commence to be published in the Canada Gazette ; and 
 (c)  send to the Minister a copy of its decision, a copy of the complaint, and 
the information accompanying the complaint, and a copy of any other 
relevant information examined by  the Tribunal in relation to the 
complaint. 
Notice of 
decision not to 
commence inquiry (5) Where the Tribunal decides not to commence an inquiry into the complaint, 
it shall immediately 
 
(a)  notify the complainant and each othe r interested party in writing of its 
decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information 
that was obtained from a source other than  the complainant, of the fact that 
the decision was based in whole or in part on such information; and 
 
(b)  cause a notice of its decision to be published in the Canada Gazette . 
Determination by 
Tribunal (6) The Tribunal shall, in the inquiry in to the complaint, determine whether, 
having regard to any regulations made pursuant to paragraphs 40( a) and ( k.1), an 
action causes or threatens to cause a si gnificant diversion of trade into the 
domestic market in Canada. 
Other matters (7) The Tribunal shall, in an inquiry, examine any other matter in relation to 
the complaint that the Governor in Co uncil refers to it for examination. 
Report on inquiry (8) The Tribunal shall prepare a report on the inquiry not later than seventy 
days after the inquiry is commenced and sh all submit a copy of it to the Governor 
in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry. 
Notice of report (9) The Tribunal shall cause a notice of the report to be given to each other 
interested party and to be published in the Canada Gazette . 
Tabling of report 
in certain cases (10) Where, pursuant to subsection (7), the Governor in Council refers a matter 
to the Tribunal, the Minister shall cause a copy of the report on the inquiry 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 s ubmitted to the Governor in Council. 
2002, c. 19, s. 4. 
Further inquiry 30.24  (1) The Governor in Council may, at any time after the receipt of a 
report prepared by the Tribunal pursuan t to subsection 30.22(8) or 30.23(8), 
request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report.  G/SG/N/1/CAN/3 
 Page 41 
 
 
 Terms of 
reference (2) The Tribunal shall conduct an in quiry under subsection (1) and shall 
prepare its report on it in accordance with the terms of reference established by the 
Governor in Council. 
Copies of report (3) The Tribunal shall send a copy of each  report submitted to the Governor in 
Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted 
pursuant to subsection 30.22(8) or 30.23(8), as the case may be. 
Notice of report (4) The Tribunal shall cause a notice of the submission of a report to the 
Governor in Council pursuant to subsection (1 ) to be given to each other interested 
party and to be published in the Canada Gazette . 
Tabling of report (5) The Minister shall cause a copy of each report submitted to the Governor in 
Council pursuant to subsection (1) to be la id before each House of Parliament on 
any of the first fifteen days on which th at House is sitting after the report is so 
submitted. 
2002, c. 19, s. 4. 
Notice of 
expiring orders 30.25  (1) The Tribunal shall cause to be published in the Canada Gazette a 
notice of the expiry date of any order that imposes a surtax on any goods under 
subsection 77.1(2) or 77.3(1) of the Customs Tariff or includes any goods on the 
Import Control List under subsection 5.4(2) or (4) of the Export and Import 
Permits Act , but no notice shall be published if the order ceases to have effect or is 
repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs 
Tariff  or is repealed under subsection 5.4(5) of the Export and Import Permits Act
before the end of the effective period specified in that order. 
Manner and 
contents of 
publication (2) The notice shall be published in ac cordance with the rules and shall state 
the final date for filing an extension request in respect of the order. 
Filing of request 
relating to 
extension orders (3) Any domestic producer of goods that are like or directly competitive with 
any goods that are subject to an order refe rred to in subsection (1), or any person 
or association acting on behalf of any su ch domestic producer, may file with the 
Tribunal a written request that an exte nsion order be made under subsection 
77.3(1) of the Customs Tariff  or subsection 5.4(4) of the Export and Import 
Permits Act  because an order continues to be necessary to prevent or remedy 
market disruption to domestic producers of like or directly competitive goods. 
Time limit for 
filing extension request (4) An extension request shall be filed no later than the final date for filing 
specified in the notice published pursuant to subsection (2). 
Receipt to be 
acknowledged (5) The Tribunal shall, forthwith after receipt of an extension request, notify 
the requester in writing of its receipt and the date of its receipt. 
Contents of 
extension request (6) An extension request shall 
 
(a)  state in reasonable detail the facts on which the allegations are based; 
 (b)  state an estimate of the total percentage of Canadian production of the like 
or directly competitive goods that is produced by the domestic producers 
by whom or on whose behalf the extension request is filed; 
 G/SG/N/1/CAN/3 
Page 42  
 
 (c)  
be accompanied by any information that is available to the complainant to 
support the facts referred to in paragraph ( a) and to substantiate the 
estimate referred to in paragraph ( b); 
 
(d)  be accompanied by any other information that may be required by the 
rules; and 
 (e)  make any other representations that the requester deems relevant to the 
matter. 
Inquiries into 
extension 
requests (7) On receipt of an extension requ est that meets the requirements of 
subsection (6), the Tribunal shall commen ce an inquiry into the request within 
thirty days after the request is filed if the Tribunal is satisfied 
 
(a)  that the information provided by th e requester and any other information 
examined by the Tribunal discloses a reasonable indication that an order 
continues to be necessary to prevent or remedy market disruption to 
domestic producers of like or directly competitive goods; and 
 
(b)  that the extension request is made  by or on behalf of domestic producers 
who produce a major proportion of the domestic production of the like or 
directly competitive goods. 
Notice of 
decision to commence 
inquiry (8) Where the Tribunal decides to commence an inquiry into the extension 
request, it shall immediately 
 
(a)  notify the requester and each other interested party in writing of its 
decision, of the reasons for it and of the date on which any hearing in the 
inquiry shall commence; 
 
(b)  cause a notice of its decision and the date on which any hearing in the 
inquiry shall commence to be published in the Canada Gazette ; and 
 
(c)  send to the Minister a copy of its decision, a copy of the extension request, 
and the information accompanying the extension request, and a copy of 
any other relevant information examined by the Tribunal in relation to the 
extension request. 
Notice of 
decision not to 
commence 
inquiry (9) Where the Tribunal decides not to co mmence an inquiry into the extension 
request, it shall immediately 
 
(a)  notify the requester and each other interested party in writing of its 
decision, of the reasons for its refusal to commence an inquiry and, where 
the reasons for its decision are based in whole or in part on information 
that was obtained from a source other than the requester, of the fact that 
the decision was based in whole or in part on such information; and 
 (b)  cause a notice of its decision to be published in the Canada Gazette . 
Continuing 
necessity of order (10) The Tribunal shall, in the inquiry  into the extension request, determine 
whether an order continues to be necessary  to prevent or remedy market disruption 
to domestic producers of like or directly competitive goods. 
Other matters (11) The Tribunal shall, in the inquiry into the extension request, examine any  G/SG/N/1/CAN/3 
 Page 43 
 
 
 other matter in relation to the extension re quest that the Governor in Council refers 
to it for examination. 
Report on 
extension inquiry (12) The Tribunal shall prepare a report on the inquiry not later than forty-five 
days before the expiry date of the orde r to which the inquiry under subsection (7) 
relates and shall submit a copy of it to the Governor in Council, the Minister, the 
requester and any other person who made representations to the Tribunal during 
the inquiry. 
Notice of report (13) The Tribunal shall cause a notice of the report to be given to each other 
interested party and to be published in the Canada Gazette . 
Tabling of report 
in certain cases (14) Where, pursuant to subsection (11), the Governor in Council refers a 
matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry 
to be laid before each House of Parliame nt on any of the first fifteen days on 
which that House is sitting after the repor t is submitted to the Governor in Council.
2002, c. 19, s. 4. 
Expiry date 30.26  Sections 30.2 to 30.25 cease to have effect on 11 December 2013. 
2002, c. 19, s. 4. 
 
GENERAL 
 
Procedural Matters 
Right to appear 31. All parties to a hearing before the Tr ibunal may appear in person or may be 
represented at the hearing by counsel or an agent. 
Hearing may be 
in camera  32. A hearing before the Tribunal may, on the request of any party to the 
hearing, be held in camera if that party establishes to the satisfaction of the 
Tribunal that the circumstances of the case so require. 
Hearing and 
taking of 
evidence 33. (1) The Chairperson may direct that evidence relating to any inquiry under 
this Act or to any matter before the Tribunal pursuant to the Special Import 
Measures Act , other than an appeal made pursuant to section 61 of that Act, be 
received, in whole or in part, by a member and, for that purpose, that member has and may exercise all of the powers of the Tribunal. 
Report on 
evidence (2) A member by whom evidence relating to any matter has been received 
pursuant to subsection (1) shall make a re port thereon to the Tribunal and a copy 
of the report, modified in such manne r as in the opinion of the member is 
necessary to comply with sections 45 and 49, shall be provided to every person 
who is a party to the proceedings before the Tribunal in the matter. 
Making of order, 
finding or report (3) After receiving a report on evidence relating to a matter and after holding 
such hearing, re-hearing or further h earing with respect to the matter as the 
circumstances require or as the Tribunal in its discretion deems it advisable to 
hold, the Tribunal may make its order, findi ng or report or take such other action 
in relation to the matter as is authorized to  be taken by it in relation to the matter 
under this or any other Act of Parliament, as if the evidence received by the member had been received by the Tribunal. 
R.S., 1985, c. 47 (4th Supp.), s. 33; 1999, c. 12, s. 61(E). G/SG/N/1/CAN/3 
Page 44  
 
 Information other 
than sworn 
evidence 34. For the purpose of any inquiry under this Act or the Special Import 
Measures Act , the Tribunal may obtain information that in its judgment is 
authentic, otherwise than under the sanction of  an oath or affirmation, and use and 
act on the information. 
Conduct of 
proceedings 35. Hearings before the Tribunal sh all be conducted as informally and 
expeditiously as the circumstances and considerations of fairness permit. 
Fees for 
witnesses 36. Every person summoned to attend before  the Tribunal shall receive the like 
fees and allowances for so doing as if summoned to attend before the Federal 
Court. 
Publication of 
decisions 37. The Tribunal shall cause notice of its decision in any proceedings held by it 
pursuant to any other Act of Parliament to be published forthwith in the Canada 
Gazette . 
 
By-laws, Rules and Regulations 
By-laws 38. (1) The Tribunal may make by-laws respecting the calling of meetings of 
the Tribunal and the conduct of business at meetings of the Tribunal. 
Quorum (2) A majority of the permanent members in office shall constitute a quorum of 
the Tribunal for the purpose of making by-laws under subsection (1). 
Rules 39. (1) The Tribunal may, after consultation with the Minister and with the 
approval of the Governor in Council, make ru les, not inconsistent with this or any 
other Act of Parliament, 
 
(a)  respecting the sittings of the Tribunal; 
 
(b)  for the purpose of ensuring that a conflict of interest will not be created by 
reason of the assignment of any member to sit at hearings of the Tribunal 
or to hear, determine and deal with  a matter before the Tribunal and 
generally for the prevention of conflicts of interest; 
 
(c)  specifying any additional information that must accompany a complaint 
filed under any of subsections 23(1)  to (1.1), 30.01(2), 30.011(1), 
30.012(2), 30.11(1), 30.22(1) and 30.23 (1) or an extension request filed 
under subsection 30.04(1) or 30.25(3); and 
 (d)  generally, governing the proceedings, practice and procedures of the 
Tribunal. 
Quorum (2) A majority of the permanent member s in office shall constitute a quorum 
for the purpose of making rules under subsection (1). 
R.S., 1985, c. 47 (4th Supp.), s. 39; 1988, c. 65, s. 59(E); 1993, c. 44, s. 45; 1994, 
c. 47, s. 41; 1996, c. 33, s. 27; 1997, c. 14, s. 31; 2002, c. 19, s. 5. 
Regulations 40. The Governor in Council may make regulations 
 
(a)  respecting the matters to be addressed or examined by the Tribunal in an 
inquiry commenced under this Act;  G/SG/N/1/CAN/3 
 Page 45 
 
 
  
(a.1)  respecting the number of members that constitute a quorum for the 
purposes of 
 
 (i)  hearing, determining and dealing with appeals referred to in 
paragraph 16( c), 
  (ii)  conducting inquiries and reporting on matters referred to the 
Tribunal pursuant to section 18, 19 or 30.21, or 
 
(iii)  reviewing and reporting on developments and providing advice 
pursuant to section 19.02; 
 
(b)  defining the expressions "domestic production" and "like or directly 
competitive goods" for the purposes of this Act and providing factors for 
determining under this Act whether dom estic producers of like or directly 
competitive goods are adjusting; 
 
(c)  defining the expression "other inter ested party" for the purposes of any 
provision of this Act; 
 
(d)  defining the expression "procurement process" for the purposes of this 
Act; 
 (e)  designating departments, ministries  of state, bodies or offices for the 
purposes of the definition "governme nt institution" in section 30.1; 
 (f)  designating contracts or classes of contracts for the purposes of the 
definition "designated contract" in section 30.1; 
 (f.1)  determining, for the purposes of  sections 30.1 to 30.19, whether a 
bidder or prospective bidder on a designated contract has standing to be 
a potential supplier; 
 
(g)  respecting the filing of complaints under subsection 30.11(1), including 
any conditions that must be met befo re a complaint may be filed and the 
time within which and manner in which it must be filed; 
 (h)  requiring fees to be paid on the filing of a complaint under subsection 
30.11(1) and prescribing those fees or the manner of determining those 
fees; 
 
(i)  respecting the conditions that must be met before the Tribunal may begin 
an inquiry into a complaint filed unde r subsection 30.11(1) and the matters 
to be addressed or examined by the Tribunal in the inquiry; 
 
(j)  prescribing, for the purposes of s ubsection 30.14(2), the procedures and 
other requirements to be observed in respect of any contract or class of 
contracts; 
 
(k)  respecting the recommendations and orders that the Tribunal may make 
under section 30.15 and the extent, if any, to which a government G/SG/N/1/CAN/3 
Page 46  
 
 institution must implement the Tribun al's recommendations pursuant to 
section 30.18; 
 
(k.1)  providing, for the purposes of sections 30.2 to 30.25, factors for 
determining whether 
 
 (i)  goods originating in the People's Republic of China 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, or 
 
 (ii)  an action causes or threatens to cause a significant diversion of 
trade into the domestic market in Canada; 
 
(l)  respecting the awarding of costs by the Tribunal under section 30.16, 
including the maximum amount that may be awarded in relation to any item of costs, and determining by whom and to whom any costs are to be 
paid and by whom they are to be taxed and allowed; 
 (m)  prescribing any other matter or thing th at, by this Act, is to be or may be 
prescribed; and 
 
(n)  generally, for carrying out the purposes and provisions of this Act. 
R.S., 1985, c. 47 (4th Supp.), s. 40; 1993, c. 44, s. 46; 1994, c. 47, s. 42; 2002, c. 19, s. 6. 
 
Annual Report 
Annual report 41. The Tribunal shall, within three months after the end of each fiscal year, 
submit to the Minister a report relating to the activities of the Tribunal for that 
fiscal year. 
Tabling of report 42. The Minister shall cause a copy of each report submitted to the Minister 
pursuant to section 41 to be laid before e ach House of Parliament on any of the 
first fifteen days on which that House is  sitting after the report is so submitted. 
 
Disclosure of Information 
Definition of 
"information" 43. In sections 44 to 49, "information" includes evidence. 
Information to be 
disclosed 44. Where information is provided to the Tribunal for the purposes of any 
proceedings before the Tribunal, every party to the proceedings has, unless the 
information is information to which subsec tion 45(1) applies, a right, on request, to 
examine the information during the normal business hours of the Tribunal and a 
right, on payment of the prescribed fee, to  be provided with copies of any such 
information that is in documentary form or in any other form in which it may be 
readily and accurately copied. 
Information to be 
disclosed 44.1 (1) Where information is provided to the Tribunal for the purposes of 
proceedings before the Tribunal under the Special Import Measures Act  in respect 
of goods imported from a NAFTA country, other than proceedings under section  G/SG/N/1/CAN/3 
 Page 47 
 
 
 33, subsection 34(1), section 35 or subsecti on 45(1) or 61(1) of that Act, the 
Secretary of the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other 
form in which it may be readily and accurately copied, unless the information is 
information to which subsection 45(1) of th is Act or subsection 84(1) of that Act 
applies. 
Definition of 
"government" (2) For the purposes of subsection (1), "government" has the meaning assigned 
to the expression "government of a NAFTA country" by subsection 2(1) of the 
Special Import Measures Act . 
1993, c. 44, s. 47; 1994, c. 47, s. 43. 
Information not 
to be disclosed 45. (1) Where a person designates information as confidential pursuant to 
paragraph 46(1)( a) and that designation is not withdrawn by that person, no 
member and no person employed in the pub lic service of Canada who comes into 
possession of that information while holding that office or being so employed 
shall, either before or after ceasing to hold that office or being so employed, 
knowingly disclose that information, or knowingly allow it to be disclosed, to any other person in any manner that is calculate d or likely to make it available for the 
use of any 
business competitor or rival of any pe rson to whose business or affairs 
the information relates. 
Disclosure of 
summary or statement (2) Subsection (1) does not apply in respect of any non-confidential edited 
version or non-confidential summary of in formation or statement referred to in 
paragraph 46(1)( b). 
Disclosure to 
counsel and experts (3) Notwithstanding subsection (1), in formation to which that subsection 
applies that has been provided to the Tribunal in any proceedings before the 
Tribunal may be disclosed by the Tribunal to counsel for any party to those 
proceedings or to other proceedings arising out of those proceedings or to an 
expert, acting under the control or direction of that counsel, for use, notwithstanding any other Act or law, by that counsel or expert only in those 
proceedings, subject to any conditions that the Tribunal considers reasonably 
necessary or desirable to en sure that the information will not, without the written 
consent of the person who provided the information to the Tribunal, be disclosed 
by counsel or the expert to any person in any manner that is calculated or likely to 
make it available to 
 
(a)  any party to the proceedings or ot her proceedings, incl uding a party who is 
represented by that counsel or on whose behalf the expert is acting; or 
 
(b)  any business competitor or rival of any person to whose business or affairs 
the information relates. 
Disclosure to 
Tribunal's experts (3.1) Notwithstanding subsection (1), the Tribunal may disclose information to 
which that subsection applies to an expe rt retained by the Tribunal for use, 
notwithstanding any other Act or law, by the expert only in proceedings before the 
Tribunal under the Special Import Measures Act or this Act, subject to any 
conditions that the Tribunal considers r easonably necessary or desirable to ensure 
that the information will not, without the written consent of the person who 
provided the information to the Tribunal, be  disclosed by the expert to any person 
in any manner that is calculated or likely to make it available to 
 
(a)  any party to the proceedings; or G/SG/N/1/CAN/3 
Page 48  
 
  
(b)  any business competitor or rival of any person to whose business or affairs 
the information relates. 
Disclosure to 
persons described 
in subsection (5) (3.2) For greater certainty, disclosure of information under subsection (3) or 
(3.1) to a person described in subsection (5) who is an employee of an institution 
of the Government of Canada that is a party to the proceedings or, in the case of 
subsection (3), other proceedings is not disclosure to a party to those proceedings for the purposes of subsection (3) or (3.1). 
Definition of 
"counsel" (4) In subsection (3), "counsel", in rela tion to a party to proceedings, includes 
any person, other than a director, servant or employee of the party, who acts in the 
proceedings on behalf of the party. 
Persons who may 
be recognized as 
experts (5) In subsections (3) and (3.1), "expert" includes any of the following persons 
whom the Tribunal recognizes as an expert: 
 
(a)  persons whose duties involve the carrying out of the Competition Act and 
who are referred to in section 25 of that  Act, other than persons authorized 
by the Governor in Council to exercise the powers and perform the duties 
of the Director of Investigation and Research; 
 (b)  in respect of the determination of damages and costs in procurement 
review proceedings, pe rsons employed in the government institution 
involved in the procurement under review; and 
 
(c)  any prescribed person. 
Offence (6) Every person commits an offence who 
 
(a)  uses information disclosed to the pe rson by the Tribunal under subsection 
(3) or (3.1) for any purpose othe r than the purpose for which the 
information was disclosed under that subsection; or 
 (b)  contravenes any condition imposed by the Tribunal under subsection (3) 
or (3.1). 
Punishment (7) Every person who commits an offence under subsection (6) is guilty of 
 
(a)  an indictable offence and liable to a fine of not more than $1,000,000; or 
 (b)  an offence punishable on summary conviction and liable to a fine of not 
more than $100,000. 
Consent (8) No proceedings for an offence unde r subsection (6) shall be instituted 
without the consent in writing of the Attorney General of Canada. 
Bar from 
appearing before 
Tribunal (9) In addition to any punishment imposed under subsection (7), counsel or an 
expert who commits an offence under subsection (6) may be barred by the 
Tribunal from any further appearance before it in respect of any proceedings 
before the Tribunal for the period that  the Tribunal considers appropriate. 
R.S., 1985, c. 47 (4th Supp.), s. 45; 1994, c. 47, s. 44; 1999, c. 12, s. 59.  G/SG/N/1/CAN/3 
 Page 49 
 
 
 Designation of 
information as 
confidential 46. (1) Where a person who provides information to the Tribunal for the 
purposes of proceedings before the Tribunal wishes some or all of the information 
to be kept confidential, the person shall submit to the Tribunal, at the time the 
information is provided, 
 
(a)  a statement designating as confidentia l the information that the person 
wishes to be kept confidential, together  with an explanation as to why that 
information is designated as confidential; and 
 
(b)  a non-confidential edited version or non-confidential summary of the 
information designated as confidential pursuant to paragraph ( a) in 
sufficient detail to convey a reasonabl e understanding of the substance of 
the information or a statement 
 
(i)  that such a non-confidential edited version or non-confidential 
summary cannot be made, or 
 
(ii) that such a non-confidential edited version or non-confidential 
summary would disclose facts that the person has a proper reason for wishing to keep confidential, 
 
together with an explanation that justifies the making of the statement. 
Interpretation (2) A person who designates information as confidential pursuant to paragraph 
(1)(a) fails to comply with paragraph (1)( b) where 
 
(a)  the person does not provide the non-confidential edited version, the non-
confidential summary or the statem ent referred to in paragraph (1)( b); 
 
(b)  the person provides a non-confidential edited version or a summary of the 
information designated as confiden tial pursuant to paragraph (1)( a) but the 
Tribunal is satisfied that it does not comply with paragraph (1)( b); 
 
(c)  the person provides a statement referred to in paragraph (1)( b), but does 
not provide an explanation that justifies the making of the statement; or 
 
(d)  the person provides a statement referred to in paragraph (1)( b), but the 
Tribunal is satisfied that the explanation given as justification for the 
making of the statement does not justify the making thereof. 
R.S., 1985, c. 47 (4th Supp.), s. 46; 1994, c. 47, s. 45. 
Where there has 
been failure to comply 47. (1) Where a person has designated info rmation as confidential pursuant to 
paragraph 46(1)( a) and the Tribunal considers that such a designation is warranted, 
but the person has failed to comply with paragraph 46(1)( b), the Tribunal shall 
cause the person to be informed of the failure, of the ground on which the person 
has so failed and of the application of s ubsection 48(3) if the person fails to take, 
within the time limited therefor by or purs uant to that subsection, such action as is 
necessary for the person to take in or der to comply with paragraph 46(1)( b). 
Where Tribunal 
considers 
designation 
unwarranted (2) Where a person has designated information as confidential pursuant to 
paragraph 46(1)( a) and the Tribunal considers that, by reason of its nature, extent 
or availability from other sources or of th e failure of the person to provide any G/SG/N/1/CAN/3 
Page 50  
 
 explanation as to why it was designated as confidential, the designation of that 
information as confidential is unwarrant ed, the Tribunal shall cause the person 
 
(a)  to be notified of the fact that the Tribunal considers the designation to be 
unwarranted and of its reasons for so considering; and 
 
(b)  where the person has failed to comply with paragraph 46(1)( b), to be 
informed as provided in subsection (1). 
Withdrawal of 
designation or 
submission of explanation 48. (1) Where a person is notified pursuant to paragraph 47(2)( a) with respect 
to any information that the person has designated as confidential pursuant to 
paragraph 46(1)( a), the person may, within fifteen days after being so notified, 
 
(a)  withdraw the designation, or 
 
(b)  submit to the Tribunal an explanati on or further explanation as to why the 
information was designated as confidential 
 
and, where the person does neither of those things within those fifteen days, that 
information shall not thereafter be taken into account by the Tribunal in the proceedings for the purposes for which it was provided, unless the Tribunal 
obtains that information from a source other than that person. 
Tribunal to 
reconsider (2) Where, pursuant to subsection (1), a person submits to the Tribunal, within 
the fifteen days referred to in that subsec tion, an explanation or further explanation 
as to why the information was designated as  confidential, the Tribunal shall again 
consider whether, taking into account that explanation or further explanation, the 
designation of the information as confidential is warranted and, if it decides that it 
is not warranted, shall cause the person to be notified that the information will not 
thereafter be taken into account by the Tr ibunal in the proceedings for the purposes 
for which it was provided, in which case the information shall not thereafter be 
taken into account by the Tribunal in those proceedings, unless the Tribunal obtains the information from a source other than that person. 
Where failure to 
comply not 
rectified (3) Subject to subsection (4), where a person who has been informed pursuant 
to section 47 that the person has failed to comply with paragraph 46(1)( b) with 
respect to any information does not, within fifteen days after being so informed or 
within such longer time not exceeding thirty days after being so informed as the 
Tribunal, either before or after the expira tion of the fifteen days, in its discretion 
allows, take such action as is necessary for the person to take in order to comply 
with paragraph 46(1)( b), the Tribunal shall cause the person to be notified that the 
information will not thereafter be taken into account by the Tribunal in the 
proceedings for the purposes for whic h it was provided, in which case the 
information shall not thereafter be taken into account by the Tribunal in those proceedings, unless the Tribunal obtains th e information from a source other than 
that person. 
Exception (4) Subsection (3) does not apply in respect of any information that the 
Tribunal is prohibited by subsection (1) or (2) from taking into account in the 
proceedings for the purposes for which the information was provided.  G/SG/N/1/CAN/3 
 Page 51 
 
 
 Other 
information 49. If 
 
(a)  information or material given or e licited in the course of any proceedings 
before the Tribunal is, in the opinion of the Tribunal, in its nature 
confidential, or 
 
(b)  the Commissioner of Customs and Revenue indicates to the Tribunal in 
writing that subsection 84(1) of the Special Import Measures Act  applies 
to information or material filed w ith the Secretary under paragraph 37( a) 
or 38(3)( b) or subsection 76.03(9) of that Act, 
 
the information or material shall not know ingly be disclosed by any member or 
person employed in the public service of Canada who comes into possession of the information in any manner that is calculate d or likely to make it available for the 
use of any business competitor or rival of any person to whose business or affairs 
the information relates. R.S., 1985, c. 47 (4th Supp.), s. 49; 1994, c. 13, s. 7; 1999, c. 12, s. 60, c. 17, ss. 
114, 115. 
 
REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL 
 
Repeals 
50. and 51. [Repeals] 
 
Consequential Amendments 
52. [Amendments] 
 
Transitional 
Definitions 53. In this section and sections 54 to 60, 
"Canadian Import 
Tribunal" 
«Tribunal 
canadien des 
importations » "Canadian Import Tribunal" means the Ca nadian Import Tribunal established by 
subsection 63(1) of the Special Import Measures Act , as it existed on the day 
immediately preceding the commencement day; 
"commencement 
day" « date de 
référence » "commencement day" means the day on which this section comes into force; 
"former 
authority" 
«ancien 
organisme » "former authority" means the Canadian Import Tribunal, the Tariff Board or the 
Textile and Clothing Board; 
"Tariff Board" 
«Commission du 
tarif» "Tariff Board" means the Tariff Board established by subsection 3(1) of the Tarif f 
Board Act , as it existed on the day immediately preceding the commencement 
day; G/SG/N/1/CAN/3 
Page 52  
 
 "Textile and 
Clothing Board" 
«Commission du 
textile et du 
vêtement » "Textile and Clothing Board" means the Te xtile and Clothing Board established by 
subsection 3(1) of the Textile and Clothing Board Act , as it existed on the day 
immediately preceding the commencement day. 
Members of 
Tariff Board 
cease to hold 
office 54. (1) Subject to subsection (2), the members of the Tariff Board shall cease 
to hold office on the commencement day. 
Continuing 
jurisdiction (2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, 
the members of the Tariff Board continue to have jurisdiction with respect to 
 
(a)  any inquiry commenced by the Tariff Board under section 8 of the Tarif f 
Board Act  that was underway on the day immediately preceding the 
commencement day, 
 
(b)  any appeal made to the Tariff Board under section 61 of the Special 
Import Measures Act , section 67 of the Customs Act  or section 81.19, 
81.21, 81.22 or 81.23 of the Excise Tax Act that was in the course of being 
heard on the day immediately preceding the commencement day, or that had been heard before the commencement day but in respect of which a 
decision, order, finding or declarati on had not been rendered before that 
day, 
 
(c)  any application made to the Tariff Board under section 81.32 of the 
Excise 
Tax Act  that was pending on the day immediately preceding the 
commencement day, 
 (d)  any question referred to the Tariff Board under section 70 of the Customs 
Act that was in the course of being considered on the day immediately 
preceding the commencement day, or that  had been considered before the 
commencement day but in respect of which an opinion had not been 
rendered before that day, and 
 (e)  any matter referred to in section 13 or 63 of the Energy Administration Act
that was in the course of being heard on the day immediately preceding the 
commencement day, or that had been  heard before the commencement day 
but in respect of which a decision or declaration had not been rendered 
before that day, 
 
and, for the purpose only of disposing of those matters, may exercise such of the 
powers and perform such of the duties as were, before the commencement day, vested in them under any Act of Parlia ment as members of the Tariff Board. 
Procedure (3) Each matter referred to in subsection (2) shall be disposed of in accordance 
with the Tariff Board Act or other Act of Parliament under which the matter came 
before the Tariff Board and the rules and regulations thereunder, as they read on 
the day immediately preceding the commencement day.  G/SG/N/1/CAN/3 
 Page 53 
 
 
 Members of 
Textile and 
Clothing Board cease to hold 
office 55. (1) Subject to subsection (2), the members of the Textile and Clothing 
Board shall cease to hold office on the commencement day. 
Continuing 
jurisdiction (2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, 
the members of the Textile and Clothing Bo ard continue to have jurisdiction with 
respect to any inquiry commenced by the Textile and Clothing Board under 
section 11 or 23 of the Textile and Clothing Board Act that was in the course of 
being completed on the day immediately preceding the commencement day and, 
for the purpose only of completing such an inquiry, may exercise such of the 
powers and perform such of the duties as were, on the day immediately before the 
commencement day, vested in them under the Textile and Clothing Board Act . 
Procedure (3) An inquiry referred to in subsecti on (2) shall be completed in accordance 
with the Textile and Clothing Board Act and the rules thereunder, as they read on 
the day immediately preceding the commencement day. 
Secretary of 
Canadian Import 
Tribunal ceases 
to hold office 56. The Secretary of the Canadian Import Tribunal shall cease to hold office on 
the commencement day. 
Members of 
Canadian Import Tribunal cease to 
hold office 57. (1) Subject to subsection (2), the me mbers of the Canadian Import Tribunal 
shall cease to hold office on the commencement day. 
Continuing 
jurisdiction (2) Subject to section 59 but otherwise notwithstanding any Act of Parliament, 
the members of the Canadian Import Tribuna l continue to have jurisdiction with 
respect to any of the following matters pending before the Canadian Import 
Tribunal on the day immediately preceding the commencement day: 
 
(a)  inquiries under section 42 or 48 of the Special Import Measures Act , 
 
(b)  references under section 33, 34 or 35 of the Special Import Measures Act , 
 (c)  requests for rulings under subsection 89(1) of the Special Import Measures 
Act, and 
 (d)  reviews under subsection 76(2) of the Special Import Measures Act , 
 
and, for the purpose only of disposing of those matters, may exercise such of the powers and perform such of the duties as were, before the commencement day, 
vested in them under any Act of Parlia ment as members of the Canadian Import 
Tribunal. 
Procedure (3) Each matter referred to in subsection (2) shall be disposed of in accordance 
with the Special Import Measures Act  and the rules and regulations thereunder, as 
they read on the day immediately preceding the commencement day. 
Inquiries under 
Special Import Measures Act  58. (1) Subject to section 59 and notwithstanding the Special Import Measures 
Act, the members of the Canadian Import Tribunal have jurisdiction 
  G/SG/N/1/CAN/3 
Page 54  
 
 (a)  to make a report referre d to in paragraph 45(1)( a) of that Act concerning 
goods with respect to which, as a result of an inquiry referred to in section 42 of that Act, the Canadian Import Tr ibunal has made an order or finding 
described in any of sections 3 to 6 of that Act before the commencement 
day and with respect to which th e Canadian Import Tribunal has not 
previously made a report pursuant to paragraph 45(1)( a) of that Act; 
 
(b)  to make a report referre d to in paragraph 45(1)( a) of that Act concerning 
goods with respect to which, as a result of an inquiry referred to in section 
42 of that Act, the members, pursuant to their jurisdiction under section 57, have made an order or finding descr ibed in any of sections 3 to 6 of 
that Act on or after the commencement day; 
 (c)  to make an inquiry referred to in section 42 of that Act in relation to goods 
with respect to which any question h as been referred to the Canadian 
Import Tribunal under section 33, 34 or 35 of that Act before the commencement day and with respect to which the Deputy Minister of 
National Revenue has, pursuant to subsection 38(3) of that Act, caused 
notice of a preliminary determination of  dumping or subsidizing to be filed 
with the Secretary of the Canadian Import Tribunal 
before the 
commencement day or with the Secretary of the Canadian International 
Trade Tribunal on or after the commencement day; 
 
(d)  to make an order or finding referred to in section 43 of that Act in relation 
to goods with respect to which an inquiry is made pursuant to paragraph 
(c); and 
 (e)  to make a report referre d to in paragraph 45(1)( a) of that Act concerning 
goods with respect to which, as a result of an inquiry made by the 
members pursuant to paragraph ( c), the members, pursuant to their 
jurisdiction under paragraph ( d), have made an order or finding described 
in any of sections 3 to 6 of that Act. 
Powers (2) For the purpose of making a report, inquiry, order or finding referred to in 
subsection (1), the members of the Canadian Import Tribunal have and may 
exercise such of the powers and perform such of the duties and functions as are 
vested in the Canadian International Trade Tribunal. 
Deemed to be 
made by Tribunal (3) A report, inquiry, order or finding made by the members of the Canadian 
Import Tribunal pursuant to their jurisdiction under subsection (1) shall, for the purposes of the Special Import Measures Act , be deemed to have been made by the 
Canadian International Trade Tribunal. 
R.S., 1985, c. 47 (4th Supp.), s. 58; 1994, c. 13, s. 7. 
Limitation period 59. (1) Where any matter referred to in subsection 54(2), 55(2) or 57(2) is not 
disposed of by the members of the former  authority within whose jurisdiction the 
matter lies within one year after the commencement day or where, on the expiration of one year after the commencement day, any proceedings in a matter 
commenced by the members of the Cana dian Import Tribunal pursuant to their 
jurisdiction under section 58 are pending before those members, the proceedings 
with respect to the matter shall be take n up and continued by the Tribunal on such 
terms and conditions as the Chairperson may specify for the protection and 
preservation of the rights and interests of the parties or, where the Chairperson  G/SG/N/1/CAN/3 
 Page 55 
 
 
 determines that any such proceedings s hould not be so taken up and continued, 
those proceedings shall be terminated. 
Supervision by 
Chairperson (2) The Chairperson has supervision over and direction of the work of the 
members of a former authority having jurisdiction under subsection 54(2), 55(2), 
57(2) or 58(1). 
Remuneration (3) Each member of a former authority having jurisdiction under subsection 
54(2), 55(2), 57(2) or 58(1), other than a person appointed to the Tribunal, shall be paid such remuneration for services under th is Act as is fixed by the Governor in 
Council. 
Expenses (4) Each member of a former authority having jurisdiction under subsection 
54(2), 55(2), 57(2) or 58(1) is entitled to  be paid reasonable travel and living 
expenses incurred by the member while ab sent from the member's ordinary place 
of residence in the course of performing duties under this Act. R.S., 1985, c. 47 (4th Supp.), s. 59; 1999, c. 12, s. 61(E). 
Other 
proceedings 60. All matters pending before the Tariff Board or the Canadian Import 
Tribunal on the day immediately precedi ng the commencement day and for which 
the members thereof do not have jurisd iction under subsection 54(2), 55(2) or 
57(2) shall be taken up and continued by  the Tribunal under and in conformity 
with this Act. 
Continuation of 
certain rules 61. All rules made by the Canadian Import Tribunal under section 70 of the 
Special Import Measures Act , as it read on the day immediately preceding the 
commencement day, shall be deemed to have been made under section 39 of this 
Act and shall, to the extent that they are not  inconsistent with th is Act, continue in 
force until they are revoked or amended under section 39. 
Continuation of 
previous orders, 
etc. 62. Every decision, order, finding, declaration, ruling or other instrument 
issued, rendered or made under any Act of Parliament by a former authority and 
that is in force on the day immediately preceding the commencement day shall, to the extent that it is not inconsistent w ith this or any other Act of Parliament, 
continue in force and have the same force and effect as if it were issued, rendered 
or made by the Tribunal. 
 
COMING INTO FORCE 
Coming into 
force *63. (1) Sections 1 to 15 and 38 to 40, or  any of those sections, shall come into 
force on a day or days to be fixed by order of the Governor in Council. 
Idem (2) Sections 16 to 37 and 41 to 62 shall come into force on a day to be fixed by 
order of the Governor in Council. 
*[Note: Sections 1 to 15 and 38 to 40 in force 15 September 1988, see SI/88-
139; sections 16 to 37 and 41 to 62 in force 31 December 1988, see SI/89-3.] G/SG/N/1/CAN/3 
Page 56  
 
  
SCHEDULE 
 
[Amendments] 
 
AMENDMENTS NOT IN FORCE 
-- 2003, c. 22, para. 224( z.8): 
Replacement of 
"public service of 
Canada" 224. The expression "public service of Canada" is replaced by the 
expression "federal public administration " wherever it occurs in the English 
version of the following provisions: 
... 
(z.8) subsection 45(1) and section 49 of the Canadian International Trade 
Tribunal Act ; 
... 
-- 2003, c. 22, para. 225( m): 
Replacement of 
"Public Service" 225. The expression "Public Service"  is replaced by the expression 
"public service" wherever it occurs in the English version of the following 
provisions, other than in the expressions "Public Service corporation", 
"Public Service Employment Act ", "Public Service Pension Fund" and " Public 
Service Superannuation Act ": 
... 
(m) subsections 10(1) and (2) of the Canadian International Trade Tribunal 
Act; 
... 
 
RELATED PROVISIONS 
-- 1999, c. 12, ss. 62 to 64: 
Definitions 62. The definitions in this section apply in this section and sections 63 and 
64. 
"commencement 
day" « date de 
référence  » "commencement day" means the day on which this section comes into force.  
"new Canadian 
International Trade Tribunal 
Act" « nouvelle 
Loi sur le Tribunal 
canadien du 
commerce extérieur  » "new Canadian International Trade Tribunal Act " means the Canadian 
International Trade Tribunal Act  as it read on the commencement day.  
"new rules and 
regulations" « nouveaux textes 
d'application  » "new rules and regulations" means the rules and regulations made under the 
new Canadian International Trade Tribunal Act and the regulations made 
under the new Special Import Measures Act .  G/SG/N/1/CAN/3 
 Page 57 
 
 
 "new Special 
Import Measures 
Act" « nouvelle 
Loi sur les 
mesures spéciales 
d'importation  » "new Special Import Measures Act " means the Special Import Measures Act as 
it read on the commencement day.  
"old Canadian 
International 
Trade Tribunal Act" « ancienne 
Loi sur le 
Tribunal canadien du 
commerce 
extérieur  » "old Canadian International Trade Tribunal Act " means the Canadian 
International Trade Tribunal Act as it read on the day before the 
commencement day.  
"old rules and 
regulations" « anciens textes 
d'application  » "old rules and regulations" means the rules and regulations made under the 
old Canadian International Trade Tribunal Act and the regulations made 
under the old Special Import Measures Act . 
"old Special 
Import Measures 
Act" « ancienne 
Loi sur les mesures spéciales 
d'importation  » "old Special Import Measures Act " means the Special Import Measures Act as 
it read on the day before the commencement day.  
"order or finding" 
« ordonnance ou 
conclusions  » "order or finding" 
 
(a)  in the case of an order or finding made before the 
commencement day, has the same meaning as in subsection 2(1) of the old Special Import Measures Act ; and 
 
(b)  in the case of an order or finding made on or after the 
commencement day, has the same meaning as in subsection 
2(1) of the new Special Import Measures Act . 
Disposition of 
notified 
complaints 63. (1) Subject to this section, if, be fore the commencement day, notice of a 
complaint respecting the dumping or subsidizing of goods that is properly 
documented, within the meaning assign ed to that expression by subsection 
2(1) of the old Special Import Measures Act , has been given under paragraph 
32(1)( a) of that Act, any proceeding, process or action in respect of the goods 
shall be continued and disposed of in accordance with that Act, the old Canadian International Trade Tribunal Act  and the old rules and regulations. 
Proceedings re 
goods subject to 
order made after commencement 
day (2) If the Canadian International Trade Tribunal makes an order or 
finding under subsection 43(1) of the Special Import Measures Act  on or after 
the commencement day with respect to goods that are the subject of a 
complaint referred to in subsection (1),  any subsequent proceeding, process or 
action in relation to any of those goods other than the following shall be disposed of in accordance with the new Special Import Measures Act , the new 
Canadian International Trade Tribunal Act  and the new rules and regulations:
  
 
 G/SG/N/1/CAN/3 
Page 58  
 
 (a)  a judicial review or dispute settlement under Part I.1 or II of the 
Special Import Measures Act in relation to that order or finding and 
any proceeding, process or action in relation to the judicial review or 
dispute settlement; 
 
(b)  a proceeding, process or action in relation to any of those goods that 
were released before the commencement day; 
 
(c)  a proceeding, process or action in relation to any of those goods that 
were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or 
 
(d)  a proceeding, process or action under section 45 of the 
Special Import 
Measures Act  in relation to that order or finding. 
Effect of order or 
finding (3) For greater certainty, any order or finding that was made before the 
commencement day and is in effect on  that day shall, for the purposes of 
sections 3 to 6 of the new Special Import Measures Act , have the same force 
and effect as if it were made under that Act. 
Review in 
accordance with 
old Acts, rules 
and regulations (4) If notice of a review under subsection 76(2) of the old Special Import 
Measures Act  has been given by the Canadian International Trade Tribunal 
before the commencement day, the review shall be disposed of in accordance 
with that Act, the old Canadian International Trade Tribunal Act  and the old 
rules and regulations. 
Review in 
accordance with 
new Acts, rules 
and regulations (5) If notice of an interim review under section 76.01 of the new Special 
Import Measures Act , or an expiry review under section 76.03 of that Act, of 
an order or finding that was made before the commencement day and is in 
effect on that day has been given by the Canadian International Trade 
Tribunal on or after the commencement day, the review shall be disposed of 
in accordance with that Act, the new Canadian International Trade Tribunal 
Act and the new rules and regulations. 
New Act does not 
justify review (6) For the purpose of subsection 76.01(3) of the new Special Import 
Measures Act , the Canadian International Trade Tribunal may not be 
satisfied that an interim review of an order or finding that was made before the commencement day is warranted by rea son only of the coming into force 
of that Act, the new Canadian International Trade Tribunal Act  or the new 
rules and regulations. 
Determination of 
normal value, etc., when 
undertaking (7) Any determination, on or after the commencement day, of a normal 
value, export price, amount of subsidy or margin of dumping in relation to 
any goods that are subject to an undertaking accepted before the 
commencement day shall be made in accordance with the new Special Import 
Measures Act . 
Determination of 
normal value, etc. (8) A normal value, export price, amo unt of subsidy or margin of dumping 
determined in relation to goods under the old Special Import Measures Act is, 
for the purposes of goods released on or  after the commencement day, other 
than goods to which paragraph (2)( c) applies, deemed to have been made 
under the new Special Import Measures Act .  G/SG/N/1/CAN/3 
 Page 59 
 
 
 Re-determination 
of normal value, 
etc. (9) A re-determination of a normal value, export price, amount of subsidy 
or margin of dumping referred to in subsection (8) shall be made in accordance with the new Special Import Measures Act . 
Application to 
goods from a 
NAFTA country 64. The new Special Import Measures Act , the new Canadian International 
Trade Tribunal Act and the new rules and regulations apply to goods of a 
NAFTA country, within the meaning assigned to that expression by 
subsection 2(1) of the Special Import Measures Act . 
-- 1999, c. 17, s. 116: 
Application to 
goods from 
NAFTA country 116. The Canadian International Trade Tribunal Act , as amended by 
sections 114 and 115, and the rules and regulations made under that Act, as interpreted under section 186 of this Act, apply to goods of a NAFTA country 
within the meaning assigned to that expression by subsection 2(1) of the 
Special Import Measures Act . 
-- 1999, c. 17, s. 186: 
References in 
documents and 
other provisions 186. Any expression referring to the Deputy Minister of National Revenue 
or the Department of National Revenue in any document, any instrument made under an Act of Parliament, or an y provision of an Act of Parliament 
not amended by this Act must, unless the context otherwise requires, be read 
as a reference to the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency, respectively. 
 
 G/SG/N/1/CAN/3 
Page 60  
 
 CANADIAN INTERNATIONAL TRADE TRIBUNAL REGULATIONS 
 
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 
 
Canadian International Trade Tribunal Regulations 
 
REGULATIONS RESPECTING THE CANADIAN INTERNATIONAL 
TRADE TRIBUNAL 
 
SHORT 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" means the value or the volume of like or directly competitive goods 
produced in Canada; ( production nationale ) 
  "like or directly competitive goods" means   ( a)  goods that are identical in all respects to th e 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", for the purposes of subsec tions 19.02(2), 25(2), 26(2) to (4), 28(1) and (3), 
29(2) and (4), 30(4), 30.01(5) and (8), 30.011(6) a nd (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, dom estic producers, exporte rs or importers in 
Canada of like or directly competitive goods, 
 
 ( d)  an association whose purpose is to represen t 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 subsec tion, 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 pers on'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.  G/SG/N/1/CAN/3 
 Page 61 
 
 
  
QUORUM 
 
3.1  For the purposes of reviewing and reporti ng on developments and providing advice pursuant 
to section 19.02 of the Act, the Chairman may dete rmine 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 th e 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 fo r textile tariff relief in respect of the 
Reference made by the Minister to the Tribunal on 6 July 1994 pursuant to section 19 
of the Act; 
  ( b)  hearing, determining, and dealing with a ny appeal made to the Tribunal pursuant to 
the Customs Act ; or 
 
 ( c)  hearing, determining and dealing with a ny 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 inqui ry under subsection 26(1), 30.07(1), 30.22(3), 
30.23(3) or 30.25(7) of the Act, the Tribunal sha ll, in order to determin e 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, 
take into account 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 inqui ry 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; G/SG/N/1/CAN/3 
Page 62  
 
  ( 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. 
 
 5.(1)  For the purposes of determining, during an inquiry into a matt er referred to the 
Tribunal pursuant to paragraph 20( a) of the Act or an inquiry into a complaint referred to in paragraph 
27(1)( a), (a.1), (a.2), (a.4), (a.5) or ( b) of the Act, whether the goods that are the subject of the 
reference or complaint are being imported as set out  in that paragraph, the Tribunal shall 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 resp ect to the factor mentioned in paragraph (1)( a), 
whether there has been a significan t increase in the importation into Ca nada 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 pr oduced 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 respec t to the factor mentioned in paragraph (1)( c), 
all relevant economic factors that have a bearing on domestic producer s 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 ab ility 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.  G/SG/N/1/CAN/3 
 Page 63 
 
 
 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 di sruption 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 thr eatens to cause a significant diversion of trade into 
the domestic market in Canada, the Tribunal shall exam ine, 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 th e 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 i nquiry 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 competitiv e 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 dom estic 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.  G/SG/N/1/CAN/3 
Page 64  
 
 7.  For the purpose of determining, during an i nquiry into an extension request referred to in 
subsection 30.08(1) of the Act, whether there is ev idence 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 di rectly 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. 
  G/SG/N/1/CAN/3 
 Page 65 
 
 
  
 
CUSTOMS TARIFF 
1997, c. 36 
An Act respecting the imposition of duties of customs and other charges, to give 
effect to the International Conve ntion on the Harmonized Commodity 
Description and Coding System, to pr ovide relief against the imposition of 
certain duties of customs or other charges, to provide for other related matters and to amend or repeal cer tain Acts in consequence thereof 
 
[Assented to 8 December 1997 ] 
Her Majesty, by and with the advice a nd consent of the Senate and House of 
Commons of Canada, enacts as follows: 
 
SHORT TITLE 
Short title 1. This Act may be cited as the Customs Tariff . 
 
PART 1 
INTERPRETATION AND GENERAL 
 
Interpretation 
Definitions 2. (1) The definitions in this subsection apply in this Act. 
"Canada--Chile 
Free Trade Agreement" 
« Accord de libre-
échange Canada -- Chili  » "Canada--Chile Free Trade Agreement" h as the same meaning as "Agreement" in 
subsection 2(1) of the Canada--Chile Free Trade Agreement Implementation 
Act. 
"Canada--Costa 
Rica Free Trade Agreement" 
« Accord de libre-
échange Canada--Costa Rica  » "Canada--Costa Rica Free Trade Ag reement" has the same meaning as 
"Agreement" in subsection 2(1) of the Canada--Costa Rica Free Trade 
Agreement Implementation Act ; 
"Canada--Israel 
Free Trade 
Agreement" 
« Accord de libre-
échange Canada -
- Israël  » "Canada--Israel Free Trade Agreement" h as the same meaning as "Agreement" in 
subsection 2(1) of the Canada--Israel Free Trade Agreement Implementation 
Act. G/SG/N/1/CAN/3 
Page 66  
 
 "Canada--United 
States Free Trade 
Agreement" « Accord de libre-
échange Canada -
- États-Unis  » "Canada--United States Free Trade Agre ement" has the same meaning as 
"Agreement" in subsection 2(1) of the Canada--United States Free Trade 
Agreement Implementation Act . 
"Chile" « Chili  » "Chile" means the land, maritime, and ai r space under the sovereignty of Chile 
and the exclusive economic zone and the continental shelf over which it 
exercises sovereign rights and jurisdicti on in accordance with its domestic law 
and international law. 
"Costa Rica" 
« Costa Rica  » "Costa Rica" means the territory and air space, and the maritime areas, including 
the seabed and subsoil adjacent to the out er limit of the territorial sea, over 
which it exercises, in accordance with international law and its domestic law, 
sovereign rights with respect to the natural resources of such areas; 
"country" « pays » "country", unless the context otherwise requires, includes an external or 
dependent territory of a country an d any other territory prescribed by 
regulation made by the Governor in Council. 
"customs duty" 
« droits de 
douane  » "customs duty", except for the purposes of Pa rt 3, other than sec tions 82 and 122, 
means a duty imposed under section 20. 
"final rate" « taux 
final » "final rate" means the rate of customs duty  that applies after the application of all 
reductions provided for under this Act,  other than reductions related to 
rounding or to the elimination of rates of less than two per cent. 
"for use in" 
« devant servir 
dans  » ou 
« devant servir à  » "for use in", wherever it appears in a ta riff item, in respect of  goods classified in 
the tariff item, means that the goods must  be wrought or incorporated into, or 
attached to, other goods referred to in that tariff item. 
"free trade 
partner" 
« partenaire de 
libre-échange  » "free trade partner" means 
 
(a) a NAFTA country; 
(b) Chile; or 
(c) Israel or another CIFTA beneficiary. 
" "F" Staging 
List" « tableau 
des 
échelonnements  » " "F" Staging List" means the List of Intermediate and Final Rates for Tariff Items 
of the "F" Staging Category set out in the schedule. 
"heading" 
« position  » "heading", in respect of goods, means a d escription in the List of Tariff Provisions 
accompanied by a four-digit number and includes all subheadings or tariff 
items the first four digits of which correspond to that number. 
"imported from 
Israel or another 
CIFTA 
beneficiary" 
« importé d'Israël 
ou d'un autre 
bénéficiaire de 
l'ALÉCI  » "imported from Israel or another CIFTA beneficiary" has the meaning assigned by 
regulation.  G/SG/N/1/CAN/3 
 Page 67 
 
 
 "initial rate" 
« taux initial  » "initial rate" means the rate of customs dut y that applies before any reductions are 
made under this Act. 
"Israel or another 
CIFTA beneficiary" 
« Israël ou autre 
bénéficiaire de l'ALÉCI  » "Israel or another CIFTA beneficiary" has the meaning assigned by regulation. 
"List of 
Countries" « tableau des 
traitements 
tarifaires  » "List of Countries" means the List of Countries and Applicable Tariff Treatments 
set out in the schedule. 
"List of Tariff 
Provisions" « liste 
des dispositions tarifaires  » "List of Tariff Provisions" means the Li st of Tariff Provisions set out in the 
schedule. 
"Mexico" 
« Mexique  » "Mexico" means 
(a)  the states of the Federation and the Federal District; 
 (b)  the islands, including the reefs and keys, in adjacent seas; 
 
(c)  the islands of Guadalupe and Re villagigedo situated in the Pacific 
Ocean; 
 
(d)  the continental shelf and the submarine shelf of such islands, keys and 
reefs; 
 
(e)  the waters of the territorial sea, in accordance with international law, 
and its interior maritime waters; 
 
(f)  the space located above the nati onal territory, in accordance with 
international law; and 
 (g)  any areas beyond the territorial seas of Mexico within which, in 
accordance with international law, including the United Nations 
Convention on the Law of the Sea, and its domestic law, Mexico may exercise rights in respect of the seabed and subsoil and the natural 
resources thereof. 
"Minister" 
« ministre  » "Minister" means the Minister of Finance. 
"NAFTA country" 
« pays ALÉNA  » "NAFTA country" means a party to the North American Free Trade Agreement. 
"North American 
Free Trade 
Agreement" 
« Accord de libre-
échange nord-américain  » "North American Free Trade Agreement"  has the same meaning as "Agreement" 
in subsection 2(1) of the North American Free Trade Agreement 
Implementation Act . G/SG/N/1/CAN/3 
Page 68  
 
 "prescribed" 
Version anglaise 
seulement  "prescribed" means 
 
(a) in respect of a form, the informati on to be provided on or with a form, 
or the manner of filing a form, prescribed by the Minister of National 
Revenue; and 
 
(b) in any other case, prescribed by regulation or determined in accordance 
with rules prescribed by regulation. 
"regulation" 
« règlement  » "regulation" means a regulation made under this Act. 
"serious injury" 
« dommage 
grave  » "serious injury" means, in relation to domestic producers of like or directly 
competitive goods, a significant overall impairment in the position of the 
domestic producers. 
"specific rate" 
« taux 
spécifique  » "specific rate" means a rate expressed in dollars or cents per unit of measure. 
"specified rate" 
« taux déterminé  » "specified rate" means the rate of interest, expressed as a percentage per year, 
equal to six per cent per year plus the prescribed rate. 
"subheading" 
« sous-position  » "subheading", in respect of goods, means a description in the List of Tariff 
Provisions accompanied by a six-digit number and includes all tariff items the first six digits of which correspond to that number. 
"tariff item" 
« numéro 
tarifaire  » "tariff item" means a description of goods in the List of Tariff Provisions and the 
rates of customs duty and the accompanying eight-digit number in that List and, if applicable, in the "F" Staging List. 
"tariff rate quota" 
« contingent 
tarifaire  » "tariff rate quota" means a limitation on the quantity of goods that are entitled to a 
specified tariff treatment that may be imported in a specified period. 
"threat of serious 
injury" « menace 
de dommage grave  » "threat of serious injury" means serious in jury that, on the basis of facts, and not 
merely of allegation, conjecture or re mote possibility, is clearly imminent. 
"United States" 
« États-Unis  » "United States" means 
 
(a)  the customs territory of the United States, including the 50 states of 
the United States, the District of Columbia and Puerto Rico; 
 
(b)  the foreign trade zones located in  the United States and Puerto Rico; 
and 
 
(c)  any areas beyond the territorial sea of the United States within which 
the United States may exercise right s in respect of the seabed and 
subsoil and the natural resources thereof, in accordance with its 
domestic laws and international law. 
  G/SG/N/1/CAN/3 
 Page 69 
 
 
 "World Trade 
Organization 
Agreement" « Accord sur 
l'Organisation 
mondiale du commerce  » "World Trade Organization Agreement" has the same meaning as "Agreement" in 
subsection 2(1) of the World Trade Organization Agreement Im plementation 
Act. 
Territories (2) A territory prescribed by regulatio n for the purposes of the definition 
"country" in subsection (1) is not, by virt ue of being so prescribed, recognized as 
a country for purposes other than this Act. 1997, c. 36, s. 2; 2001, c. 28, s. 31. 
Elements of the 
List of Tariff 
Provisions 3. The List of Tariff Provisions is divi ded into Sections, Chapters and sub-
Chapters. 
Words and 
expressions in Act 4. Unless otherwise provided, words and expressions used in this Act and 
defined in subsection 2(1) of the Customs Act have the same meaning as in that 
subsection. 
Goods imported 
from a NAFTA 
country, Chile or Costa Rica 5. For the purposes of this Act, goods are imported from a NAFTA country, 
from Chile or from Costa Rica if they are shipped directly to Canada from the NAFTA country, from Chile or from Costa Rica, as the case may be. 
1997, c. 36, s. 5; 2001, c. 28, s. 32. 
Percentage rates 6. For the purposes of this Act, if a rate of customs duty is expressed as a 
percentage or includes a percentage, the customs duties imposed shall be 
calculated in accordance with section 44 of the Customs Act . 
Weight of goods 7. For the purposes of this Act, if a rate  of customs duty is based in whole or 
in part on the weight of goods, the customs duties imposed on the goods are, 
unless otherwise provided, to be calculated on the basis of the net weight of the goods. 
 
General 
Restriction of 
Canadian waters 8. For greater certainty, a regulation made under subsection 2(2) of the 
Customs Act  applies so as to temporarily restrict, for the purposes of this Act, the 
extent of Canadian waters, including the inland waters. 
Delegation of 
powers 9. The Minister of National Revenue may authorize an officer or agent or a 
class of officers or agents to exercise pow ers or perform duties of that Minister 
under this Act. 
Classification of 
goods in the List 
of Tariff 
Provisions 10. (1) Subject to subsection (2), the classification of imported goods under a 
tariff item shall, unless otherwise provided, be determined in accordance with the 
General Rules for the Interpretation of the Harmonized System and the Canadian 
Rules set out in the schedule. 
 
 G/SG/N/1/CAN/3 
Page 70  
 
 Classification of 
"within access 
commitment" goods (2) Goods shall not be classified under a tariff item that contains the phrase 
"within access commitment" unless the goods are imported under the authority of a permit issued under section 8.3 of the Export and Import Permits Act  and in 
compliance with the conditions of the permit. 
Interpretation 11. In interpreting the headings and subh eadings, regard shall be had to the 
Compendium of Classification Opinions to the Harmonized Commodity 
Description and Coding System and the Explanatory Notes to the Harmonized Commodity Description and Coding System, published by the Customs Co-
operation Council (also known as the Worl d Customs Organization), as amended 
from time to time. 
Administration 
and enforcement 12. The provisions of the Customs Act apply, with such modifications as the 
circumstances require, in respect of the administration and enforcement of this 
Act and the regulations, and for the purpo ses thereof, a contravention of this Act 
or the regulations or a failure to comply with a condition to which relief or a 
remission, drawback or refund under Part  3 is subject or to which classification 
under a tariff item is subject is deem ed to be a contravention of the Customs Act . 
 
Amendment of Schedule 
Renumbering of 
tariff items 13. The Minister may, by regulation, amend the List of Tariff Provisions to 
change a tariff item number or a description of goods in a tariff item, if the amendment does not affect the rate of customs duty applicable to those goods. 
Amendment of 
List of Tariff 
Provisions 14. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, amend the schedule, othe r than tariff item No. 9898.00.00 or 
9899.00.00, to give effect to 
 
(a)  an amendment to the Harmonized Commodity Description and Coding 
System or to any advice on the interpretation of that System approved by 
the Customs Co-operation Council (also known as the World Customs Organization); 
 
(b)  a modification to an agreement or arrangement relating to international 
trade to which the Government of Canada is a party; or 
 
(c)  an arrangement or commitment that extends the benefits of an agreement 
relating to international trade to wh ich the Government of Canada is a 
party. 
Reciprocal 
reductions (2) The Governor in Council may, on the recommendation of the Minister, by 
order, amend the List of Tariff Provisions and the "F" Staging List to reduce a rate 
of customs duty on goods imported from a country, and to make other 
amendments consequential thereto, 
 
(a)  by way of compensation for concessions granted by the country or any 
other country, subject to any conditions set out in the order; 
 
(b)  as may be required by Canada's inte rnational obligations, subject to any 
conditions set out in the order; and  G/SG/N/1/CAN/3 
 Page 71 
 
 
  
(c)  by way of compensation for any ac tion taken under subsection 55(1), 
section 60 or subsection 63(1), 69(2), 70(2), 71(2), 71.1(2), 72(1), 75(1), 
76(1) or 76.1(1) or under subsection 5(3), (3.2) or (4.1) of the Export and 
Import Permits Act . 
Order may be 
retroactive (3) An order made under subsection (2) may, if it so provides, be retroactive 
and have effect in respect of a period before it is made that begins after the 
coming into force of this section. 
1997, c. 36, s. 14; 2001, c. 28, s. 33. 
List of Countries 15. (1) The Minister may, by regulation, amend the List of Countries to reflect 
a change in the name of a country set out in that List. 
Effect (2) An amendment under subsection (1) does not affect the tariff treatments 
indicated for the country in respect of which the change is made. 
 
PART 2 
CUSTOMS DUTIES 
 
DIVISION 1 
ORIGIN OF GOODS 
 
Rules of Origin 
Meaning of 
"originate" 16. (1) Subject to any regulations made  under subsection (2), for the purposes 
of this Act, goods originate in a country if the whole of the value of the goods is 
produced in that country. 
Rules of origin 
regulations (2) The Governor in Council may, on the recommendation of the Minister, 
make regulations 
 
(a)  respecting the origin of goods, including regulations 
 
(i)  deeming goods, the whole or a portion of which is produced outside 
a country, to originate in that country for the purposes of this Act or 
any other Act of Parliament, subject to such conditions as are 
specified in the regulations, 
 
(ii)  deeming goods, the whole or a portion of which is produced within 
a geographic area of a country, not to originate in that country for the purposes of this Act or any other Act of Parliament and not to be 
entitled to the preferential tariff treatment otherwise applicable 
under this Act, subject to such conditions as are specified in the 
regulations, and 
 
(iii)  for determining when goods or iginate in a country for the purposes 
of this Act or any other Act of Parliament; and 
 G/SG/N/1/CAN/3 
Page 72  
 
 (b)  for determining when goods are entitled to a tariff treatment under this 
Act. 
Definition of 
"geographic area" (2.1) In subsections (2) and 49.1(4), "geographic area" means any area 
specified by the Minister of National Revenue after consultation with the Minister 
for International Trade. 
Application of 
rules of origin 
regulations (3) For the purpose of implementing th e Agreement on Rules of Origin in 
Annex 1A of the World Trade Organization Agreement and any annex added to it under Article 9 of that Agreement, regula tions made under subsection (2) may, if 
they so provide, prevail over any other regulations to the extent of any 
inconsistency. 
Uniform 
regulations (4) The Governor in Council may, on the recommendation of the Minister, 
make regulations for the uniform interpre tation, application and administration of 
 
(a)  Chapters Three and Four of the North American Free Trade Agreement 
and any other matters agreed on from time to time by the parties to that 
Agreement for the purposes of that Agreement; 
 
(b)  Chapters C and D of the Canada --Chile Free Trade Agreement and any 
other matters agreed on from time to time by the parties to that 
Agreement for the purposes of that Agreement; and 
 
(c)  Chapters III and IV of the Canada --Costa Rica Free Trade Agreement and 
any other matters agreed on from time to time by the parties to that 
Agreement for the purposes of that Agreement. 
1997, c. 36, s. 16; 2001, c. 28, s. 34. 
 
Direct Shipment and Transhipment 
Direct shipment 17. (1) For the purposes of this Act, goods are shipped directly to Canada 
from another country when the goods ar e conveyed to Canada from that other 
country on a through bill of la ding to a consignee in Canada. 
Regulations (2) The Governor in Council may, on the recommendation of the Minister, 
make regulations deeming goods that were  not conveyed to Canada from another 
country on a through bill of lading to a c onsignee in Canada to have been shipped 
directly to Canada from that other count ry, subject to such conditions as may be 
set out in the regulations. 
Transhipment 18. (1) Notwithstanding section 17, for the purposes of this Act, if goods that 
are exported to Canada from a country have  been transhipped in an intermediate 
country, the goods are deemed not to have been shipped directly to Canada from 
the first-mentioned country if 
 
(a)  the goods do not remain under customs transit control in the intermediate 
country; 
 
(b)  the goods undergo an operation in the intermediate country other than 
unloading, reloading or splitting up of loads, or any other operation required to keep the goods in good condition;  G/SG/N/1/CAN/3 
 Page 73 
 
 
 (c)  the goods enter into trade or consumption in the intermediate country; or 
 (d)  the goods remain in temporary st orage, under any conditions as may be 
prescribed, in the intermediate country for a period exceeding the 
prescribed period. 
Regulations (2) The Governor in Council, on the recommendation of the Minister of 
National Revenue, may make regulations prescribing conditions and a period for 
the purposes of paragraph (1)( d). 
 
Marking of Goods 
Regulations 
requiring marking 19. (1) The Governor in Council may, on the recommendation of the Minister, 
make regulations 
 
(a)  requiring imported goods of any description or class, including a 
description or class specified in term s of the use of the goods, to be 
marked, in accordance with regulations  made under subsection (2), so as 
to indicate their country or geographic area of origin; and 
 
(b)  for determining the country or geographic area of origin of imported 
goods for marking purposes. 
Regulations 
prescribing marking 
requirements (2) The Minister of National Revenue may make regulations for the purpose 
of the administration of this secti on, including regulations prescribing 
 
(a)  the manner in which imported goods must be marked and any conditions 
applicable to the marking of the goods; and 
 
(b)  when imported goods must be marked, including whether they must be 
marked before or after importation, and any conditions applicable to the 
time of marking. 
Applicability of 
regulations (3) Regulations made under this section ma y apply generally or be limited to 
particular countries or geographic areas defined in the regulations. 
 
DIVISION 2 
IMPOSITION OF CUSTOMS DUTIES 
 
General 
Imposition of 
customs duty 20. (1) Unless otherwise indicated in Chap ter 98 or 99 of the List of Tariff 
Provisions, in addition to any other duti es imposed under this Act or any other 
Act of Parliament relating to customs, th ere shall be levied on all goods set out in 
the List of Tariff Provisions, at the time those goods are imported, and paid in 
accordance with the Customs Act , a customs duty at the rates set out in that List, 
the "F" Staging List or section 29 th at are applicable to those goods. 
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 Value for duty of 
Canadian goods 
returned (2) For the purposes of section 44 of the Customs Act , the value for duty of 
goods that have been taken out of Cana da and are subsequently returned to 
Canada is the value of the goods at th e time of the subsequent return if 
 
(a)  the goods were repaired outside Canada; 
 
(b)  equipment was added to the goods outside Canada; or 
 
(c)  work was done outside Canada on the goods. 
Definitions 21. The definitions in this section apply in sections 21.1 to 21.3. 
"beer" or "malt 
liquor" « bière  » 
ou « liqueur de 
malt » "beer" or "malt liquor" means beer or malt liquor, within the meaning of section 4 
of the Excise Act , of tariff item No. 2202.90.10, heading No. 22.03 or tariff 
item No. 2206.00.80 or 2206.00.91, that is classified under that heading or 
tariff item or with the container in which it is imported. 
"bulk" « en vrac  » "bulk" has the same meaning as in section 2 of the Excise Act, 2001 . 
"excise 
warehouse" 
« entrepôt 
d'accise  » "excise warehouse" has the same meaning as in section 2 of the Excise Act, 2001 . 
"excise warehouse 
licensee" 
« exploitant agréé 
d'entrepôt 
d'accise  » "excise warehouse licensee" has the sa me meaning as in section 2 of the Excise 
Act, 2001 . 
"licensed user" 
« utilisateur 
agréé  » "licensed user" has the same meaning as in section 2 of the Excise Act, 2001 . 
"packaged" 
« emballé  » "packaged" has the same meaning as in section 2 of the Excise Act, 2001 . 
"specified 
premises" « local 
déterminé  » "specified premises" has the same meaning as in section 2 of the Excise Act, 2001 .
"spirits" 
« spiritueux  » "spirits" means spirits, as defined in section 2 of the Excise Act, 2001 , 
 
(a)  of an alcoholic strength by volume exceeding 22.9 per cent, of tariff 
item No. 2204.10.90, 2204.21.32, 2204.21.49, 2204.29.32, 
2204.29.49, 2204.30.90, 2205.10.30, 2205.90.30, 2206.00.19, 
2206.00.22, 2206.00.39, 2206.00.49, 2206.00.72 or 2206.00.93, that are classified under that tariff item or with the container in which they 
are imported; or 
 (b)  of heading No. 22.07 or 22.08, other than of tariff item No. 
2207.20.11, 2207.20.12, 2207.20.90 or 2208.90.30, that are classified 
under that heading or with the container in which they are imported. 
  G/SG/N/1/CAN/3 
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 "wine" « vin » "wine" means wine, as defined in section 2 of the Excise Act, 2001 , of heading 
No. 22.04, 22.05 or 22.06, other than of tariff item No. 2204.10.90, 2204.21.32, 2204.21.49, 2204.29.32, 2204.29.49, 2204.30.90, 2205.10.30, 
2205.90.30, 2206.00.19, 2206.00.22, 2206.00.39, 2206.00.49, 2206.00.72, 
2206.00.80, 2206. 00.91 or 2206.00.93, that is classified under that heading or 
with the container in which it is imported. 
1997, c. 36, s. 21; 2001, c. 16, s. 3; 2002, c. 22, ss. 346, 412; 2003, c. 15, s. 45. 
Additional duty 
on bulk spirits 21.1 (1) In addition to any other duties imposed under this Act or any other 
Act of Parliament relating to customs, th ere is levied on bulk spirits, at the time 
they are imported, an additional duty equal to the duty that would be imposed on the spirits under section 122 of the Excise Act, 2001 if the spirits had been 
produced in Canada. 
Duty payable 
under Excise Act, 
2001  (2) The duty levied on bulk spirits shall be paid and collected under the Excise 
Act, 2001 , and interest and penalties shall be imposed, calculated, paid and 
collected under that Act, as if the duty were duty imposed on the spirits under that 
Act, and, for those purposes, that Act applies with any modifications that the circumstances require. 
Limitation (3) Despite subsection (2) and the Excise Act, 2001 , the person who is liable 
for duty imposed under subsection (1) in respect  of bulk spirits that have not been 
released under the Customs Act is the person who is liable to pay duties under the 
Customs Act . 
2002, c. 22, s. 346. 
Additional duty 
on packaged 
spirits 21.2 (1) In addition to any other duties imposed under this Act or any other 
Act of Parliament relating to customs, ther e is levied on packaged spirits, at the 
time they are imported, and paid in accordance with the Customs Act , an 
additional duty equal to the duty that would be imposed on them under section 
122 or 123 of the Excise Act, 2001 if they had been prod uced and packaged in 
Canada. 
Additional duty 
on packaged wine (2) In addition to any other duties imposed under this Act or any other Act of 
Parliament relating to customs, there is le vied on packaged wine, at the time it is 
imported, and paid in accordance with the Customs Act , an additional duty equal 
to the duty that would be imposed on it under section 135 of the Excise Act, 2001
if it had been packaged in Canada. 
Goods entered 
into warehouse or premises (3) If, immediately after being released under the Customs Act , packaged 
spirits or wine is entered into the excise warehouse of the excise warehouse 
licensee or the specified premises of the li censed user who imported the spirits or 
wine, the duty levied on the spirits or wine under subsection (1) or (2) shall be 
paid and collected under the Excise Act, 2001. Interest and penalties shall be 
imposed, calculated, paid and collected under the Excise Act, 2001  as if the duty 
were imposed under that Act, and, for t hose purposes, that Act applies with any 
modifications that the circumstances require. 
2002, c. 22, s. 346. 
 
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 Additional duty 
on beer 21.3 In addition to any other duties imposed under this Act or any other Act of 
Parliament relating to customs, there is le vied on beer or malt liquor, at the time it 
is imported, and paid in accordance with the Customs Act , an additional duty 
equal to the duty that would be levied on it under section 170 of the Excise Act if 
it had been manufactured or produced in Canada. 
2002, c. 22, s. 346. 
Other duties 22. In addition to the duties imposed under this Act or any other Act of 
Parliament relating to customs, there sh all be levied on imported goods, at the 
time of their importation, and paid in accordance with the Customs Act , a duty 
comprised of any surtax or temporary duty imposed under Division 4 of this Part. 
 
Special Classification 
Goods of Chapter 
99 23. Goods of Chapter 99 of the List of Tariff Provisions are entitled to the rate 
of customs duty set out for those goods in the column entitled "Most-Favoured-Nation Tariff" or "Preferential Tariff" in  that Chapter, according to the tariff 
treatment applicable to their country of origin. 
 
DIVISION 3 
TARIFF TREATMENTS 
 
General 
Conditions 24. (1) Unless otherwise provided in an  order made under subsection (2) or 
otherwise specified in a tariff item, goods  are entitled to a tariff treatment, other 
than the General Tariff, under this Act only if 
 
(a)  proof of origin of the goods is given in accordance with the Customs Act ; 
and 
 
(b)  the goods are entitled to that ta riff treatment in accordance with 
regulations made under section 16 or  an order made under paragraph 
31(1)( a), 34(1)( a), 38(1)( a) or 42(1)( a), subsection 45(13) or 49(2) or 
section 48. 
Exemption (2) The Governor in Council may, on the recommendation of the Minister, by 
order, exempt goods entitled to a tariff treatment other than the General Tariff 
from any condition set out in subsection (1), on such conditions as may be 
specified in the order. 1997, c. 36, s. 24; 2001, c. 28, s. 35. 
Most favourable 
tariff 25. If, under this Act, goods are entitle d to both the Most-Favoured-Nation 
Tariff and another Tariff and the amount  of customs duty imposed under the 
Most-Favoured-Nation Tariff is lower than the amount imposed under the other 
Tariff, the rate of customs duty under the Most-Favoured-Nation Tariff applies to 
those goods in lieu of the rate under the other Tariff. 
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 Goods in transit 26. An order made under paragraph 31(1)( b), 34(1)( b), 38(1)( b) or 42(1)( b) 
may provide that goods that are in trans it to Canada at the time the order comes 
into force are entitled to the tariff treatm ent that was applicab le to those goods 
immediately before that time. 
Abbreviations 27. For the purposes of the List of Tari ff Provisions and the "F" Staging List, 
the abbreviations "UST", "MT", "MUST", "CT", "CRT", "CIAT", "GPT", 
"LDCT", "CCCT", "AUT" and "NZT" refer,  respectively, to "United States 
Tariff", "Mexico Tariff", "Mexico--United States Tariff", "Chile Tariff", "Costa 
Rica Tariff", "Canada--Israel Agreement Ta riff", "General Preferential Tariff", 
"Least Developed Country Tariff", "Co mmonwealth Caribbean Countries Tariff", 
"Australia Tariff" and "New Zealand Tariff". 
1997, c. 36, s. 27; 2001, c. 28, s. 36. 
If rate not 
specified 28. The symbol "N/A", if it is set out in the column entitled "Most-Favoured-
Nation Tariff" in the List of Tariff Provisions, or in the column entitled 
"Preferential Tariff" in that List in co mbination with an abbreviation designating a 
preferential tariff treatment of a tariff item, indicates that that tariff treatment does not apply to that tariff item. 
 
General Tariff 
Application of 
General Tariff 29. (1) A General Tariff rate of cust oms duty of 35 per cent applies to 
 
(a)  goods that originate in a country that is not set out in the List of 
Countries; 
 
(b)  goods that originate in a country set out in the List of Countries and that 
fail to meet the conditions for entitleme nt to any other tariff treatments 
provided for under this Act; and 
 (c)  goods to which the General Ta riff applies under paragraph 31(1)( b) or 
any regulation or order made under this Act. 
Exception (2) Notwithstanding subsection (1), goods referred to in that subsection are 
subject to the Most-Favoured-Nation Tariff rate of customs duty in respect of 
those goods if 
 
(a)  that rate is, or is equivalent to, more than 35 per cent; or 
 
(b)  a Note or Supplementary Note to  a Chapter of the List of Tariff 
Provisions or a tariff item so provides. 
 
Most-Favoured-Nation Tariff 
Application of 
MFN Tariff 30. (1) Subject to section 24 and any or der made under section 31, goods that 
originate in a country set out in the Li st of Countries are entitled to the Most-
Favoured-Nation Tariff rates of customs duty. 
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 "A" final rate (2) If "A" is set out in the column entitled "Most-Favoured-Nation Tariff" in 
the List of Tariff Provisions in relation to goods entitled to the Most-Favoured-Nation Tariff, the Most-Favoured-Nation Tariff rate of customs duty that applies 
to those goods is the final rate. 
Staging for MFN 
Tariff (3) If "B", "C", "D" or "E" is set out in the column entitled "Most-Favoured-
Nation Tariff" in the List of Tariff Provisions in relation to goods entitled to the 
Most-Favoured-Nation Tariff, the Most-F avoured-Nation Tariff rate of customs 
duty that applies to those goods is the initial rate, reduced 
 
(a)  if "B" is set out, 
 
(i)  effective on 1 January 1999, by one-half of the difference between 
the initial rate and the final rate, and 
 
(ii)  effective on 1 January 2000, to the final rate; 
 
(b)  if "C" is set out, 
 
(i)  effective on 1 August 1998, by one-third of the difference between 
the initial rate and the final rate, 
 
(ii)  effective on 1 August 1999, by two-thirds of the difference between 
the initial rate and the final rate, and 
 (iii)  effective on 1 August 2000, to the final rate; 
 
(c)  if "D" is set out, 
 
(i)  effective on 1 January 1999, by one-quarter of the difference 
between the initial rate and the final rate, 
 
(ii)  effective on 1 January 2000, by one-half of the difference between 
the initial rate and the final rate, 
 
(iii)  effective on 1 January 2001, by three-quarters of the difference 
between the initial rate and the final rate, and 
 
(iv)  effective on 1 January 2002, to the final rate; and 
 
(d)  if "E" is set out, 
 
(i)  effective on 1 January 1999, by one-sixth of the difference between 
the initial rate and the final rate, 
 (ii)  effective on 1 January 2000, by one-third of the difference between 
the initial rate and the final rate, 
 (iii)  effective on 1 January 2001, by  one-half of the difference between 
the initial rate and the final rate, 
  G/SG/N/1/CAN/3 
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 (iv)  effective on 1 January 2002, by two-thirds of the difference between 
the initial rate and the final rate, 
 
(v)  effective on 1 January 2003, by five-sixths of the difference between 
the initial rate and the final rate, and 
 
(vi)  effective on 1 January 2004, to the final rate. 
"F" staging for 
MFN Tariff (4) If "F" is set out in the column entitled "Most-Favoured-Nation Tariff" in 
the List of Tariff Provisions in relation to goods entitled to the Most-Favoured-
Nation Tariff, the Most-Favoured-Nation Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the "F" Staging List. 
"G" staging for 
MFN Tariff (5) If "G" is set out in the column entitled "Most-Favoured-Nation Tariff" in 
the List of Tariff Provisions in relation to goods entitled to the Most-Favoured-Nation Tariff, the Most-Favoured-Nation Tariff rate of customs duty that applies 
to those goods is the initial rate, reduced , effective 1 January 1999, to the final 
rate. 
Rounding 
percentage rates (6) If a reduction under subsection (3), (4) or (5) results in a rate of customs 
duty that includes a fraction of one per cent, the resulting percentage shall be 
rounded to the nearest one-tenth of one pe r cent or, if the resulting percentage is 
equidistant from two one-tenths of one per cent, to the higher of them. 
Rounding of rates 
other than 0.5 per 
cent (7) If, for any goods other than motor vehicles of tariff item No. 8701.20.00, 
heading No. 87.02, 87.03, 87.04 or 87.05, and chassis therefor of heading No. 
87.06, a reduction under any of subsections (3) to (5) or a rounding of rates under 
subsection (6) results in a rate of custom s duty that includes a fraction of one per 
cent other than 0.5, the resulting percenta ge shall be rounded down to the nearest 
percentage that divides evenly by 0.5. 
Elimination of 
rates of less than 
two per cent (8) If a reduction under subsection (3), (4) or (5) results in a rate of customs 
duty that is a percentage of less than two per cent, the rate shall be further reduced 
to "Free" immediately. 
Rounding specific 
rates (9) If a reduction under subsection (3), (4) or (5) results in a rate of customs 
duty that includes a specific rate that in cludes a fraction of one cent and the final 
rate 
 
(a)  is or includes a specific rate, the specific rate component of the reduced 
rate shall be rounded 
 
(i)  if the final rate is or includes a specific rate expressed in cents to two 
decimal places, to the nearest one -hundredth of a cent or, if the 
specific rate component of the reduced rate is equidistant from two 
one-hundredths of a cent, to the higher of them, 
 (ii)  if the final rate is or includes a specific rate expressed in cents to one 
decimal place, to the nearest one-tenth  of a cent or, if the specific rate 
component of the reduced rate is equidistant from two one-tenths of a cent, to the higher of them, and 
 
 G/SG/N/1/CAN/3 
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 (iii)  in any other case, to the nearest cent or, if the specific rate component 
of the reduced rate is equidistan t from two cents, to the higher of 
them; or 
 
(b)  is "Free" or does not include a sp ecific rate, the specific rate component 
of the reduced rate shall be r ounded as provided in subparagraphs ( a)(i) to 
(iii), except that the references to the final rate in subparagraphs ( a)(i) and 
(ii) shall be read as references to the initial rate. 
Extension or 
withdrawal of 
entitlement 31. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, amend the schedule to 
 
(a)  extend entitlement to the Most-Favoured-Nation Tariff to any goods that 
originate in a country to which the General Tariff applies; 
 
(b)  withdraw entitlement to the Most-Favoured-Nation Tariff from any goods 
that originate in a country that is entitled to that Tariff and make those 
goods subject to the General Tariff; and 
 
(c)  amend the List of Countries to the extent required to indicate the tariff 
treatment of the country to which the order applies. 
Contents of order (2) An order made under subsection (1) must 
 
(a)  specify the date on which the order becomes effective; 
 (b)  if the order partially extends entitlement to the Most-Favoured-Nation 
Tariff, indicate the goods to which entitlement to that Tariff is extended; 
and 
 
(c)  if the order partially withdraws entitlement to the Most-Favoured-Nation 
Tariff, indicate the goods that are made subject to the General Tariff. 
Approval by 
Parliament 32. (1) An order made under paragraph 31(1)( b) the period of which is longer 
than 180 days ceases to have effect on th e one hundred and eightieth day after the 
day on which it becomes effective or, if Par liament is not then sitting, the fifteenth 
day thereafter that Parliament is sitting unless,  not later than that day, the order is 
approved by a resolution adopted by both Houses of Parliament. 
Meaning of 
"sitting day" (2) For the purposes of subsection (1), a day on which either House of 
Parliament sits is deem ed to be a sitting day. 
Rates restored (3) If an order referred to in subsection (1) ceases to have effect under that 
subsection, entitlement to the Most-Fa voured-Nation Tariff withdrawn by the 
order shall be restored. 
 
General Preferential Tariff 
Application of 
GPT 33. (1) Subject to sections 24 and 35 and any order made  under section 34, 
goods that originate in a country set out in the List of Countries as a beneficiary of 
the General Preferential Tariff are entitled to the General Preferential Tariff rates 
of customs duty.  G/SG/N/1/CAN/3 
 Page 81 
 
 
 "A" final rate (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "GPT" in relation to goods entitled to 
the General Preferential Tariff, the Gene ral Preferential Tariff rate of customs 
duty that applies to those goods is the final rate. 
"F" staging for 
GPT (3) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "GPT" in relation to goods entitled to 
the General Preferential Tariff, the Gene ral Preferential Tariff rate of customs 
duty that applies to those goods is the in itial rate, reduced as provided in the "F" 
Staging List. 
"J" staging for 
GPT (4) If "J" is set out in the column entitle d "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "GPT" in relation to goods entitled to 
the General Preferential Tariff, the Gene ral Preferential Tariff rate of customs 
duty that applies to those goods is the in itial rate, reduced by one percentage point 
on 1 January of each year after 1998, until the difference between the reduced rate 
and the final rate is less than one percen tage point, at which time the final rate 
applies. 
Rounding 
amounts (5) If a reduction under subsection (3) or (4) results in a rate of customs duty 
that includes a fraction of one per cent ot her than 0.5, the resulting percentage 
shall be rounded down to the nearest percentage that divides evenly by 0.5. 
Elimination of 
rates less than two per cent (6) If a reduction under subsection (3) or (4) in respect of goods other than 
motor vehicles of tariff item No. 8703.21.10 or 8705.20.00 results in a rate of 
customs duty that is a percentage of l ess than two per cent, the rate shall be 
further reduced to "Free" immediately. 
Extension and 
withdrawal of 
entitlement 34. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, 
 
(a)  amend the schedule to extend entitle ment to the General Preferential 
Tariff to any goods that originate in a country that is a beneficiary of the 
Most-Favoured-Nation Tariff if, in the opinion of the Governor in 
Council, that country is a developing country; 
 
(b)  amend the schedule to withdraw en titlement to the General Preferential 
Tariff from any goods that originate in a country that is a beneficiary of that Tariff; and 
 
(c)  amend the List of Tariff Provisions and the "F" Staging List to reduce a 
rate of customs duty set out following the abbreviation "GPT" in the 
column entitled "Preferential Tariff" in those Lists. 
Content of order (2) An order made under subsection (1) 
 
(a)  must specify the date on which the order becomes effective; 
 
(b)  must, if the order partially extends  entitlement to the General Preferential 
Tariff, indicate the goods to which entitlement to that Tariff is extended; 
 
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 (c)  may exempt goods from the conditions set out in subsection 24(1) and 
prescribe any conditions that apply; and 
 
(d)  must, if the order wholly or partially withdraws entitlement to the General 
Preferential Tariff, indicate the goods  to which the Most-Favoured-Nation 
Tariff applies as a consequence. 
Application of 
tariff rate quota 35. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, apply a tariff rate quota in re spect of goods imported from one or more 
countries entitled to the General Preferentia l Tariff for a period specified in the 
order. 
Tariff treatment if 
tariff rate quota exceeded (2) Goods imported in excess of a tariff rate quota applied by an order made 
under subsection (1) are subject to the tariff treatment that would be applicable to 
those goods if they were not entitled to the General Preferential Tariff. 
Expiry date 36. Sections 33 to 35 cease to have effe ct on 30 June 2014 or on such earlier 
date as may be fixed by order of the Governor in Council. 
1997, c. 36, s. 36; 2004, c. 13, s. 1. 
 
Least Developed Country Tariff 
Application of 
LDCT 37. (1) Subject to sections 24 and 39 and any order made  under section 38, 
goods that originate in a country set out in the List of Countries as a beneficiary of the Least Developed Country Tariff are entitled to the Least Developed Country 
Tariff rates of customs duty. 
"A" final rate (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbrevia tion "LDCT" in relation to goods entitled 
to the Least Developed Country Tariff, the Least Developed Country Tariff rate of customs duty that applies to those goods is the final rate. 
"F" staging for 
LDCT (3) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbrevia tion "LDCT" in relation to goods entitled 
to the Least Developed Country Tariff, the Least Developed Country Tariff rate 
of customs duty that applies to those goods is the initial rate, reduced as provided 
in the "F" Staging List. 
Extension or 
withdrawal of entitlement 38. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, 
 
(a)  amend the schedule to extend entitlement to the Least Developed Country 
Tariff to goods that originate in a country that is a beneficiary of the 
General Preferential Tariff, if, in th e opinion of the Governor in Council, 
that country is a least developed country; 
 
(b)  amend the schedule to wholly or partially withdraw entitlement to the 
Least Developed Country Tariff from goods that originate in a country 
that is a beneficiary of that Tariff; and 
 
 
  G/SG/N/1/CAN/3 
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 (c)  amend the List of Tariff Provisions and the "F" Staging List to reduce a 
rate of customs duty set out following the abbreviation "LDCT" in the column entitled "Preferential Tariff" in those Lists. 
Contents of order (2) An order made under subsection (1) 
 
(a)  must specify the date on which the order becomes effective; 
 (b)  must, if the order partially extends entitlement to the Least Developed 
Country Tariff, indicate the goods to which that Tariff is extended; 
 (c)  may exempt the goods from the conditions set out in subsection 24(1) and 
prescribe any conditions that apply; and 
 (d)  must, if the order wholly or partially withdraws entitlement to the Least 
Developed Country Tariff, indicat e the goods to which the General 
Preferential Tariff applies as a consequence. 
Application of 
tariff rate quota 39. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, apply a tariff rate quota in re spect of goods imported from one or more 
countries entitled to the Least Developed Country Tariff for a period specified in the order. 
Tariff treatment if 
tariff rate quota 
exceeded (2) Goods imported in excess of a tari ff rate quota applied under an order 
under subsection (1) are subject to the tariff treatment that would be applicable to 
those goods if they were not entitled to  the Least Developed Country Tariff. 
Expiry date 40. Sections 37 to 39 cease to have effe ct on 30 June 2014 or on such earlier 
date as may be fixed by order of the Governor in Council. 
1997, c. 36, s. 40; 2004, c. 13, s. 2. 
 
Commonwealth Caribbean Countries Tariff 
Application of 
CCCT 41. (1) Subject to sections 24 and 43 and any order made  under section 42, 
goods that originate in a country set out in the List of Countries as a beneficiary of 
the Commonwealth Caribbean Countries Tariff are entitled to the Commonwealth Caribbean Countries Tariff rates of customs duty. 
"A" final rate (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbrevia tion "CCCT" in relation to goods entitled 
to the Commonwealth Caribbean Countri es Tariff, the Commonwealth Caribbean 
Countries Tariff rate of customs duty that applies to those goods is the final rate. 
"F" staging for 
CCCT (3) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbrevia tion "CCCT" in relation to goods entitled 
to the Commonwealth Caribbean Countri es Tariff, the Commonwealth Caribbean 
Countries Tariff rate of customs duty that applies to those goods is the initial rate, 
reduced as provided in the "F" Staging List. 
Extension or 
withdrawal of 
entitlement 42. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, G/SG/N/1/CAN/3 
Page 84  
 
  
(a)  amend the List of Tariff Provisions  and the "F" Staging List to extend 
entitlement to the Commonwealth Ca ribbean Countries Tariff to any 
goods that originate in a country that is a beneficiary of that Tariff; 
 
(b)  amend the schedule to wholly or partially withdraw entitlement to the 
Commonwealth Caribbean Countries Tariff from goods that originate in a country that is a beneficiary of that Tariff; and 
 
(c)  amend the List of Tariff Provisions and the "F" Staging List to reduce a 
rate of customs duty set out following the abbreviation "CCCT" in the 
column entitled "Preferential Tariff" in those Lists. 
Contents of order (2) An order made under subsection (1) 
 
(a)  must specify the date on which the order becomes effective; 
 (b)  must, if the order extends or wholly  or partially withdraws entitlement to 
the Commonwealth Caribbean Countries Tariff, indicate the goods to 
which the order applies; and 
 
(c)  may exempt goods from the conditions set out in subsection 24(1) and 
prescribe any conditions that apply. 
Application of 
tariff rate quota 43. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, apply a tariff rate quota in re spect of goods imported from one or more 
countries entitled to the Commonwealth Ca ribbean Countries Tariff for a period 
specified in the order. 
Tariff treatment if 
tariff rate quota 
exceeded (2) Goods imported in excess of a tariff rate quota applied by an order made 
under subsection (1) are subject to the tariff treatment that would be applicable to 
those goods if they were not entitled to the Commonwealth Caribbean Countries 
Tariff. 
 
Australia Tariff and New Zealand Tariff 
Application of 
AUT 44. (1) Subject to section 24, goods that originate in Australia are entitled to 
the Australia Tariff rates of customs duty. 
Application of 
NZT (2) Subject to section 24, goods that or iginate in New Zeal and are entitled to 
the New Zealand Tariff rates of customs duty. 
"A" final rate (3) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "AUT" or "NZT" in relation to goods 
entitled to the Australia Tariff or the Ne w Zealand Tariff, as the case may be, the 
rate of customs duty that applies to those goods under that Tariff is the final rate. 
 
 
  
   G/SG/N/1/CAN/3 
 Page 85 
 
 
 Staging for AUT 
and NZT (4) If "B" or "E" is set out in the colu mn entitled "Preferential Tariff" in the 
List of Tariff Provisions following the abbreviation "AUT" or "NZT" in relation to goods entitled to the Australia Tariff or the New Zealand Tariff, as the case 
may be, the rate of customs duty that applies to those goods under that Tariff is 
the initial rate, reduced 
 
(a)  if "B" is set out 
 
(i)  effective on 1 January 1999, by one-half of the difference between 
the initial rate and the final rate, and 
 
(ii)  effective on 1 January 2000, to the final rate; and 
 
(b)  if "E" is set out 
 
(i)  effective on 1 January 1999, by one-sixth of the difference between 
the initial rate and the final rate, 
 
(ii)  effective on 1 January 2000, by one-third of the difference between 
the initial rate and the final rate, 
 
(iii)  effective on 1 January 2001, by  one-half of the difference between 
the initial rate and the final rate, 
 (iv)  effective on 1 January 2002, by two-thirds of the difference between 
the initial rate and the final rate, 
 (v)  effective on 1 January 2003, by five-sixths of the difference between 
the initial rate and the final rate, and 
 (vi)  effective on 1 January 2004, to the final rate. 
"F" staging for 
AUT and NZT (5) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "AUT" or "NZT" in relation to goods entitled to the Australia Tariff or the Ne w Zealand Tariff, as the case may be, the 
rate of customs duty that applies to tho se goods under that Tariff is the initial rate, 
reduced as provided in the "F" Staging List. 
Rounding 
percentage rates (6) If a reduction under subsection (4) or (5) results in a rate of customs duty 
that includes a fraction of one per cent, the resulting percentage shall be rounded to the nearest one-tenth of one per cen t or, if the resulting percentage is 
equidistant from two one-tenths of one per cent, to the higher of them. 
Rounding 
percentage rates (7) If a reduction under subsection (4) or (5) or a rounding of rates under 
subsection (6) results in a rate of custom s duty that includes a fraction of one per 
cent other than 0.5, the resulting percenta ge shall be rounded down to the nearest 
percentage that divides evenly by 0.5. 
Rounding specific 
rates (8) If a reduction under subsection (4) or (5) results in a rate of customs duty 
that includes a specific rate that includes a fraction of one cent and the final rate 
  G/SG/N/1/CAN/3 
Page 86  
 
 (a)  is or includes a specific rate, the specific rate component of the reduced 
rate shall be rounded 
 
(i)  if the final rate is or includes a specific rate expressed in cents to 
two decimal places, to the nearest one-hundredth of a cent or, if the 
specific rate component of the reduced rate is equidistant from two 
one-hundredths of a cent, to the higher of them, 
 
(ii)  if the final rate is or includes a specific rate expressed in cents to one 
decimal place, to the nearest one-t enth of a cent or, if the specific 
rate component of the reduced rate is equidistant from two one-
tenths of a cent, to the higher of them, and 
 (iii)  in any other case, to the n earest cent or, if the specific rate 
component of the reduced rate is equidistant from two cents, to the 
higher of them; or 
 
(b)  is "Free" or does not include a sp ecific rate, the specific rate component 
of the reduced rate shall be r ounded as provided in subparagraphs ( a)(i) to 
(iii), except that the references to the final rate in subparagraphs ( a)(i) and 
(ii) shall be read as references to the initial rate. 
 
United States Tariff, Mexico Tariff and Mexico--United States Tariff 
Application of 
UST 45. (1) Subject to section 24, goods that are entitled to the United States Tariff 
are entitled to the United States Tariff rates of customs duty. 
"A" final rate for 
UST (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "UST" in relation to goods entitled to 
the United States Tariff, the United States Tari ff rate of customs duty that applies 
to those goods is the final rate of "Free". 
Application of 
MT (3) Subject to section 24, goods that are entitled to the Mexico Tariff are 
entitled to the Mexico Tariff rates of customs duty. 
Application of 
MUST (4) Subject to section 24, goods that are entitled to the Mexico--United States 
Tariff are entitled to the Mexico--United States Tariff rates of customs duty. 
"A" final rate for 
MT and MUST (5) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the ab breviation "MT" or "MUST" in relation to 
goods entitled to the Mexico Tariff or the Mexico--United States Tariff, as the 
case may be, the rate of customs duty that applies to those goods under that Tariff 
is the final rate of "Free". 
"A1" final rate for 
MT (6) If "A1" is set out in the column entitle d "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "MT" in relation to goods of heading 
No. 17.01 or tariff item No. 1806.10.10 that  are entitled to the Mexico Tariff, the 
Mexico Tariff rate of customs duty that applies to those goods is the final rate. 
"B1" staging for 
MT (7) If "B1" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "MT" in relation to goods of heading 
No. 17.02 or tariff item No. 2106.90.21 that  are entitled to the Mexico Tariff, the  G/SG/N/1/CAN/3 
 Page 87 
 
 
 Mexico Tariff rate of customs duty that applies to those goods is the initial rate, 
reduced 
 
(a)  effective on 1 January 1999, by one-half of the difference between the 
initial rate and the final rate; and 
 
(b)  effective on 1 January 2000, to the final rate. 
"F" staging for 
MT and MUST (8) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "MT" or "MUST" in relation to 
goods entitled to the Mexico Tariff or the Mexico--United States Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff 
is the initial rate, reduced as provided in the "F" Staging List to the final rate. 
Staging for MT 
and MUST (9) If "G", "H" or "I" is set out in th e column entitled "Preferential Tariff" in 
the List of Tariff Provisions following the abbreviation "MT" or "MUST" in 
relation to goods entitled to the Mexico  Tariff or the Mexico--United States 
Tariff, as the case may be, the rate of customs duty that applies to those goods under that Tariff is the initial rate, reduced 
 
(a)  if "G" is set out, effective on 1 January 1999, to the final rate of "Free"; 
 
(b)  if "H" is set out, 
 
(i)  effective on 1 January 1999, to  four-fifths of the initial rate, 
(ii)  effective on 1 January 2000, to three-fifths of the initial rate, and 
(iii)  effective on 1 January 2001, to the final rate of "Free"; and 
 
(c)  if "I" is set out, 
 
(i)  effective on 1 January 1999, to  four-fifths of the initial rate, 
(ii)  effective on 1 January 2000, to three-fifths of the initial rate, (iii)  effective on 1 January 2001, to two-fifths of the initial rate, 
(iv)  effective on 1 January 2002, to one-fifth of the initial rate, and 
(v)  effective on 1 January 2003, to the final rate of "Free". 
Rounding 
amounts (10) If a reduction under subsection (8) or  (9) in respect of goods other than 
motor vehicles of heading No. 87.01, 87.02, 87.03, 87.04 or 87.05 results in a rate 
of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides 
evenly by 0.5. 
Elimination of 
rates of less than 
two per cent (11) If a reduction under subsection (8) or  (9) in respect of goods other than 
motor vehicles of heading No. 87.01, 87.02, 87.03, 87.04 or 87.05 results in a rate 
of customs duty that is a percentage of less than two per cent, the rate shall be 
further reduced to "Free" immediately. 
Rounding specific 
rates (12) If a reduction under subsection (7), (8 ) or (9) results in a specific rate of 
customs duty that includes a fraction of one-tenth of a cent, the rate shall be rounded down to the nearest one-tenth of a cent. 
Extension of 
United States (13) Notwithstanding any other provision of this Act, for the purpose of 
giving effect to Appendix 6 of Annex 300-B of Chapter Three of the North G/SG/N/1/CAN/3 
Page 88  
 
 Tariff and Mexico 
Tariff American Free Trade Agreement, the Mini ster may, by order, amend the schedule 
to extend entitlement to the United Stat es Tariff or the Mexico Tariff to any 
imported goods under such conditions as may be specified in the order. 
 
Chile Tariff 
Application of CT 46. (1) Subject to section 24, goods that originate in Chile are entitled to the 
Chile Tariff rates of customs duty. 
"A" final rate (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviati on "CT" in relation to goods entitled to 
the Chile Tariff, the Chile Tariff rate of  customs duty that applies to those goods 
is the final rate of "Free". 
"F" staging for CT (3) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviati on "CT" in relation to goods entitled to 
the Chile Tariff, the Chile Tariff rate of  customs duty that applies to those goods 
is the initial rate, reduced as provided in the "F" Staging List. 
Staging for CT (4) If "G", "K", "K1", "D1", "I", "I1" or "L" is set out in the column entitled
"Preferential Tariff" in the List of Tariff Provisions following the abbreviation "CT" in relation to goods entitled to the Chile Tariff, the Chile Tariff rate of 
customs duty that applies to those goods is the initial rate, reduced 
 
(a)  if "G" is set out, effective on 1 January 1999, to the final rate of "Free"; 
 
(b)  if "K" is set out, 
 
(i)  effective on 1 January 1999, to  four-fifths of the initial rate, 
(ii)  effective on 1 January 2000, to three-fifths of the initial rate, and 
(iii)  effective on 1 January 2001, to the final rate of "Free"; 
 
(c)  if "K1" is set out, 
 
(i)  effective on 1 January 1999, to 86 per cent of the initial rate, (ii)  effective on 1 January 2000, to 60 per cent of the initial rate, and 
(iii)  effective on 1 January 2001, to the final rate of "Free"; 
 
(d)  if "D1" is set out, 
 
(i)  effective on 1 January 1999, to three-quarters of the initial rate, (ii)  effective on 1 January 2000,  to one-half of the initial rate, 
(iii)  effective on 1 January 2001, to one-quarter of the initial rate, and 
(iv)  effective on 1 January 2002, to the final rate of "Free"; 
 
(e)  if "I" is set out, 
 
(i)  effective on 1 January 1999, to  four-fifths of the initial rate, 
(ii)  effective on 1 January 2000, to three-fifths of the initial rate, (iii)  effective on 1 January 2001, to two-fifths of the initial rate, 
(iv)  effective on 1 January 2002, to one-fifth of the initial rate, and 
(v)  effective on 1 January 2003, to the final rate of "Free";  G/SG/N/1/CAN/3 
 Page 89 
 
 
  
(f) if "I1" is set out, 
 
(i)  effective on 1 January 1999, to 84 per cent of the initial rate, 
(ii)  effective on 1 January 2000, to  60 per cent of the initial rate, 
(iii)  effective on 1 January 2001, to  42 per cent of the initial rate, 
(iv)  effective on 1 January 2002, to 20 per cent of the initial rate, and 
(v)  effective on 1 January 2003, to the final rate of "Free"; and 
 
(g) if "L" is set out, effective on 1 January 2003, to the final rate of "Free". 
Rounding of 
specific rates (5) If a reduction under subsection (3) or (4) results in a specific rate of 
customs duty that includes a fraction of one tenth of a cent, the rate shall be 
rounded down to the nearest one tenth of a cent. 
Rounding of 
amounts (6) If a reduction under subsection (3) or (4) results in a rate of customs duty 
that includes a fraction of one per cent ot her than 0.5, the resulting percentage 
shall be rounded down to the nearest percentage that divides evenly by 0.5. 
Elimination of 
rates of less than two per cent (7) If a reduction under subsection (3) or (4) results in a rate of customs duty 
that is a percentage of less than two per cent, the rate shall be further reduced to 
"Free" immediately. 
Reduction of rate: 
"L" staging 47. (1) For the purpose of giving effect to paragraphs X, XI and XII in the 
portion of the Tariff Schedule of Canada  referred to in Annex C-02.2 of the 
Canada--Chile Free Trade Agreement, entitled "Tariff Elimination -- Staging 
Category Descriptions", the Governor in C ouncil may, by order, amend the List of 
Tariff Provisions and the "F" Staging List to reduce, for the period and subject to the conditions that are specified in the orde r, the initial rate for goods of a tariff 
item entitled to the Chile Tariff in respect of which "L" is set out in the column 
entitled "Preferential Tariff" in the List of Tariff Provisions following the abbreviation "CT" in that tariff item. 
Increase of rate (2) For the purpose of giving effect to paragraph 4 of Article C-14 of the 
Canada--Chile Free Trade Agreement in respect of agricultural goods, the 
Governor in Council may, on the recommendation of the Minister, by order, 
amend the List of Tariff Provisions and the "F" Staging List to increase, for the 
period and subject to the conditions specified  in the order, the Chile Tariff rate of 
customs duty that applies to those goods , but the rate may not exceed the Most-
Favoured-Nation Tariff rate in effect on the coming into force of the order. 
Period and repeal 
of order (3) An order made under subsection (2) 
 
(a)  remains in effect, subject to this sec tion, for the period that is specified in 
the order; and 
 
(b)  may, notwithstanding any other provi sion of this section, be amended at 
any time by the Governor in Council, unless, before that time, a 
resolution directing that the order cease  to have effect has been adopted 
by both Houses of Parliament under subsection (4). 
  G/SG/N/1/CAN/3 
Page 90  
 
 Resolution of 
Parliament of 
cessation (4) If a resolution directing that an order made under subsection (2) cease to 
have effect is adopted by both Houses of Parliament, the order ceases to have 
effect on the day that the resolution is adopted or, if the adopted resolution 
specifies a day on which the order ceases to have effect, on that specified day. 
Notice in Canada 
Gazette  (5) If an order ceases to have effect under subsection (4), the Minister shall 
publish a notice to that effect in the Canada Gazette . 
Ceases to be in 
force (6) This section ceases to be in force on 31 December 2002. 
Extension of Chile Tariff 48. Notwithstanding any other provision of this Act and for the purpose of 
giving effect to Appendix 5.1 of Anne x C-00-B of the Canada--Chile Free Trade 
Agreement, the Minister may, by order, amend the schedule to extend entitlement to the Chile Tariff to any imported goods under such conditions as are specified in 
the order. 
Limits on 
reduction of duty 49. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, specify limits on the quantity of goods of tariff item No. 0703.10.92, or 
on the aggregate quantity of goods of ta riff item No. 0810.10.11 and of goods of 
tariff item No. 0810.10.92, that are entitle d to the Chile Tariff, and the limits 
apply during the periods that may be specified in the order. 
Ceases to have 
effect (2) This section ceases to have effect on 31 December 2002. 
 
Costa Rica Tariff 
Application of 
CRT 49.1 (1) Subject to section 24, goods that originate in Costa Rica are entitled 
to the Costa Rica Tariff rates of customs duty. 
"A" final rate (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "CRT" in relation to goods entitled to 
the Costa Rica Tariff, the Costa Rica Tariff rate of customs duty that applies to 
those goods is the final rate of "Free". 
"F" staging for 
CRT (3) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "CRT" in relation to goods entitled to 
the Costa Rica Tariff, the Costa Rica Tariff rate of customs duty that applies to 
those goods is the initial rate, reduced as provided in the "F" Staging List. 
"M" Staging for 
CRT (4) If "M" is set out in the column entitle d "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviation "CRT" in relation to goods entitled to 
the Costa Rica Tariff, the Costa Rica Tariff rate of customs duty that applies to 
those goods is the initial rate, reduced to a final rate of "Free" when the Minister 
is satisfied that Costa Rica has eliminated  all business income tax exemptions and 
other export subsidies in respect of goods produced wholly or partially within a 
geographic area, as defined in subsection 16(2.1). 
 
  
  G/SG/N/1/CAN/3 
 Page 91 
 
 
 Staging for CRT (5) If "N", "O" or "P" is set out in the column entitled "Preferential Tariff" in 
the List of Tariff Provisions following the abbreviation "CRT" in relation to goods entitled to the Costa Rica Tariff, the Costa Rica Tariff rate of customs duty 
that applies to those goods is the initial rate, reduced 
 
(a) if "N" is set out, 
 
(i)  effective on the coming into force of this subsection, to four fifths of 
the initial rate, 
(ii)  effective on 1 January 2003, to three-fifths of the initial rate, (iii)  effective on 1 January 2004, to two-fifths of the initial rate, 
(iv)  effective on 1 January 2005, to one-fifth of the initial rate, and 
(v)  effective on 1 January 2006, to the final rate of "Free"; 
 
(b)  if "O" is set out, 
 
(i)  effective on the coming into force of this subsection, to seven-eighths 
of the initial rate, 
(ii)  effective on 1 January 2003, to six-eighths of the initial rate, (iii)  effective on 1 January 2004, to  five-eighths of the initial rate, 
(iv)  effective on 1 January 2005, to  four-eighths of the initial rate, 
(v)  effective on 1 January 2006, to three-eighths of the initial rate, 
(vi)  effective on 1 January 2007, to  two-eighths of the initial rate, 
(vii) effective on 1 January 2008, to  one-eighth of the initial rate, and 
(viii) effective on 1 January 2009, to  the final rate of "Free"; and 
 
(c)  if "P" is set out, 
 
(i)  effective on 1 January 2003, to eight-ninths of the initial rate, 
(ii)  effective on 1 January 2004, to seven-ninths of the initial rate, (iii)  effective on 1 January 2005, to  six-ninths of the initial rate, 
(iv)  effective on 1 January 2006, to five-ninths of the initial rate, 
(v)  effective on 1 January 2007, to four-ninths of the initial rate, (vi)  effective on 1 January 2008, to three-ninths of the initial rate, 
(vii) effective on 1 January 2009, to  two-ninths of the initial rate, 
(viii) effective on 1 January 2010, to  one-ninth of the initial rate, and 
(ix)   effective on 1 January 2011, to the final rate of "Free". 
Rounding of 
specific rates (6) If a reduction under subsection (3) or (5) results in a specific rate of 
customs duty that includes a fraction of one tenth of a cent, the rate shall be 
rounded down to the nearest one tenth of a cent. 
Rounding of 
amounts (7) If a reduction under subsection (3) or (5) results in a rate of customs duty 
that includes a fraction of one per cent ot her than 0.5, the resulting percentage 
shall be rounded down to the nearest percentage that divides evenly by 0.5. 
Elimination of 
rates of less than 
two per cent (8) If a reduction under subsection (3) or (5) results in a rate of customs duty 
that is a percentage of less than two per cent, the rate shall be further reduced to 
"Free" immediately. 
2001, c. 28, s. 37. 
  G/SG/N/1/CAN/3 
Page 92  
 
 Extension of 
Costa Rica Tariff 49.2 Notwithstanding any other provision of this Act and for the purpose of 
giving effect to Appendix III.1.6.1 of Anne x III.1 of the Canada--Costa Rica Free 
Trade Agreement, the Minister may, by  order, amend the schedule to extend 
entitlement to the Costa Rica Tariff to any imported goods unde r such conditions 
as are specified in the order. 
2001, c. 28, s. 37. 
Limits on 
reduction of duty 49.3 (1) The Governor in Council may, on the recommendation of the 
Minister, by order, specify limits on the aggregate quantity of goods of tariff item 
Nos. 
1701.91.00, 1701.99.00, 1702.90.11, 1702.90.12, 1702.90.13, 1702.90.14, 1702.90.15, 1702.90.16, 1702.90.17, 170 2.90.18 and 1702.90.30 that are entitled 
to the Costa Rica Tariff, and the limits apply during the periods and subject to the 
conditions that may be specified in the order. 
Ceases to have 
effect (2) This section ceases to have effect on 31 December 2010. 
2001, c. 28, s. 37. 
Reduction of rate: 
"M" Staging 49.4 The Governor in Council may, on the recommendation of the Minister, 
by order, amend the List of Tariff Provisi ons and the "F" Staging List to reduce, 
subject to the conditions specified in the order, the initial rate for goods of a tariff 
item entitled to the Costa Rica Tariff in respect of which "M" is set out in the column entitled "Preferential Tariff" in th e List of Tariff Provisions following the 
abbreviation "CRT" in that tariff item. 
2001, c. 28, s. 37. 
 
Canada--Israel Agreement Tariff 
Application of 
CIAT 50. (1) Subject to section 24, goods that originate in Israel or another CIFTA 
beneficiary are entitled to the Canada--Is rael Agreement Tariff rates of customs 
duty. 
"A" final rate (2) If "A" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviati on "CIAT" in relation to goods entitled 
to the Canada--Israel Agreement Tariff, th e Canada--Israel Agreement Tariff rate 
of customs duty that applies to those goods is the final rate. 
"F" staging for 
CIAT (3) If "F" is set out in the column entitled "Preferential Tariff" in the List of 
Tariff Provisions following the abbreviati on "CIAT" in relation to goods entitled 
to the Canada--Israel Agreement Tariff, th e Canada--Israel Agreement Tariff rate 
of customs duty that applies to those goods is the initial rate, reduced as provided 
in the "F" Staging List. 
Limits on 
reduction of duty 51. The Governor in Council may, on the recommendation of the Minister of 
Foreign Affairs, by order, specify limits on the aggregate quantity of roses of 
tariff item No. 0603.10.11 that are en titled to the Canada--Israel Agreement 
Tariff, and the limits apply during the periods that may be specified in the order. 
Definitions 52. (1) The Governor in Council may, on the recommendation of the Minister, 
make regulations defining the expressions "Israel or another CIFTA beneficiary" and "imported from Israel or another CIFTA beneficiary".  G/SG/N/1/CAN/3 
 Page 93 
 
 
 Incorporation by 
reference (2) For greater certainty, a regulation made under subsection (1) incorporating 
by reference any document or enactment may incorporate it as amended from time to time. 
 
DIVISION 4 
SPECIAL MEASURES, EMERGENC Y MEASURES AND SAFEGUARDS 
 
Special Measures 
Definitions 53. (1) The definitions in this subsection apply in this section. 
"government" 
« gouvernement  » "government", in respect of a country other than Canada, includes 
 
(a)  a provincial, state, municipal or other local or regional government in 
the country; 
 
(b)  a person, agency or institution acting on behalf of, or under the 
authority of a law or other enactment passed by, the government of the 
country or a provincial, state, m unicipal or other local or regional 
government of the country; and 
 
(c)  an association of sovereign states of which the country is a member. 
"trade agreement" 
« accord 
commercial  » "trade agreement" means an agreement or  arrangement relati ng to international 
trade to which the Government of Canada is a party. 
Governor in 
Council may 
make orders (2) Notwithstanding this Act or any other Act of Parliament, the Governor in 
Council may, on the recommendation of the Minister and of the Minister of 
Foreign Affairs, by order, for the purpose of enforcing Canada's rights under a 
trade agreement in relation to a country or of responding to acts, policies or practices of the government of a country that adversely affect, or lead directly or 
indirectly to adverse effects on, trade in goods or services of Canada, do any one 
or more of the following: 
 
(a)  suspend or withdraw rights or privileges granted by Canada to any 
country under a trade agreement or Act of Parliament; 
 
(b)  make goods that originate in any country or that are entitled to a tariff 
treatment provided for by regulations made under section 16, or a class of 
such goods, subject to a surtax in an amount, in addition to the customs 
duty provided in this Act and the duties imposed under any Act of Parliament or in any regulation or order made under any Act of 
Parliament, for those goods or that class of goods; 
 (c)  include on the Import Control List established under section 5 of the 
Export and Import Permits Act goods that originate in any country or are 
entitled to a tariff treatment provided for by any regulations made under 
section 16; and 
 G/SG/N/1/CAN/3 
Page 94  
 
 (d)  notwithstanding any regulations ma de under section 16, levy, in respect 
of goods or a class of goods that originate in any country, a duty that varies from time to time as the quantity of those goods imported during a 
period specified in the order equals or exceeds totals set out in the order. 
Removal from 
Import Control 
List (3) If, by an order made under subsection (2), goods are included on the 
Import Control List referred to in paragraph (2)( c), those goods are deemed to 
have been removed from that List when the order is repealed or otherwise ceases to have effect. 
Order tabled in 
Parliament (4) The Minister shall cause a copy of any order made under subsection (2) to 
be laid before Parliament on any of the first 15 days after the making of the order 
that either House of Parliament is sitting. 
Regulations (5) The Governor in Council may, on the recommendation of the Minister, 
make such regulations as the Governor in Council considers necessary for the carrying out of the purposes of this section and for its enforcement. 
 
Global Emergency Measures 
Definitions 54. The definitions in this section apply in sections 55 to 67. 
"contribute 
importantly" « contribuer de 
manière 
importante  » "contribute importantly", in respect of goods imported from a NAFTA country or 
from Chile, means to be an important cause, but not necessarily the most 
important cause. 
"surge" 
« augmentation 
subite  » "surge", in respect of goods imported from a NAFTA country or from Chile, has 
the meaning given that word by Article 805 of the North American Free Trade Agreement or Article F-05 of the Canada--Chile Free Trade Agreement, as the 
case may be. 
Surtax under 
certain conditions 55. (1) Subject to sections 56, 57, 59 and 61, if at any time it appears to the 
satisfaction of the Governor in Council, on the basis of a report of the Minister or 
of an inquiry made by the Canadian In ternational Trade Tribunal under section 20 
or 26 of the Canadian International Trade Tribunal Act , that goods are being 
imported under such conditions as to cause or threaten serious injury to domestic 
producers of like or directly competitive goods, the Governor in Council may, on 
the recommendation of the Minister, by order, make any such goods imported 
from a country specified in the order, when imported into Canada or a region or 
part of Canada specified in the order duri ng the period that the order is in effect, 
subject to a surtax 
 
(a)  at a rate specified in the order; or 
 
(b)  at a rate specified in the order that varies from time to time as the quantity 
of those goods imported into Canada or that region or part of Canada 
during a period specified in the order equals or exceeds quantities 
specified in the order. 
 
   G/SG/N/1/CAN/3 
 Page 95 
 
 
 Maximum rate (2) The rate specified under subsection (1 ) may not exceed the rate that in the 
opinion of the Governor in Council is sufficient to prevent or remedy serious injury to domestic producers of like or directly competitive goods. 
Minister's report (3) A report of the Minister referred to in subsection (1) may be made only if 
 
(a)  there are, in the opinion of the Minister, critical circumstances; or 
 (b)  the report relates to perishable agricultural goods. 
Inquiry (4) If an order is made under subsection (1) on the basis of a report of the 
Minister, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribuna l for an inquiry under paragraph 20( a) of the 
Canadian International Trade Tribunal Act . 
Prohibition 
against further 
orders (5) Subject to subsection (6), no order may be made under subsection (1) with 
respect to goods that have already been the su bject of an order made under that 
subsection or subsection 5(3) of the Export and Import Permits Act  unless, after 
the expiry of the order and any related orders made under subsection 5(3.2) or 
(4.1) of that Act or section 60 or subsection 63(1), there has elapsed a period 
equal to the greater of two years and the total period during which the order or 
orders were in effect. 
Exception (6) If an order made under subsection (1) was effective with respect to goods 
for a period of 180 days or less, a fu rther order may be made under that 
subsection with respect to those goods if 
 
(a)  at least one year has elapsed since the previous order took effect; and 
 
(b)  not more than two orders have been made with respect to the goods under 
subsection (1) within the period of five years before the further order takes effect. 
Period and repeal 56. (1) An order made under subsection 55(1) 
 
(a)  subject to sections 62 and 63, has effect for a period not exceeding four 
years; and 
 (b)  may be amended or repealed at any time 
by the Governor in Council on 
the recommendation of the Minister unless, before that time, a resolution 
directing that the order cease to have effect has been adopted by both 
Houses of Parliament under section 64. 
Cessation (2) If an order is made under subsection 55(1) on the basis of a report of the 
Minister, the order ceases to have effect at the end of the two hundredth day after 
the day on which the order is made unless, before the order so ceases to have 
effect, the Canadian International Trad e Tribunal reports to the Governor in 
Council, on the basis of an inquiry made under section 20 or 26 of the Canadian 
International Trade Tribunal Act , that the goods described in the report of the 
Minister are being imported from a count ry named in the report under such 
conditions as to cause or threaten serious injury to domestic producers of like or 
directly competitive goods. G/SG/N/1/CAN/3 
Page 96  
 
 Exception for 
certain 
agricultural goods 57. (1) No order may be made under subsection 55(1), on the basis of a report 
of the Minister, with respect to 
 
(a)  any prescribed agricultural goods that may be subject to a surtax under 
subsection 68(1); or 
 
(b)  any fresh fruit or vegetable imported from the United States and referred 
to in subsection 73(1) that may be subject to a temporary duty under that 
subsection. 
Expiry date (2) Paragraph (1)( b) ceases to be in force on 31 December 2008. 
Refund orders 58. For the purpose of carrying out Article 6 of the Agreement on Safeguards 
in Annex 1A of the World Trade Orga nization Agreement, the Governor in 
Council may, on the recommendation of the Minister, by order, refund any surtaxes imposed under an order made under subsection 55(1) on the basis of a 
report made by the Minister. 
Free trade partner 
emergency 
measures 59. (1) An order under subsection 55(1) ma y be made applicable to goods of 
any kind imported from a free trade partner onl y if it appears to the satisfaction of 
the Governor in Council, on the basis of a report under section 20 or 29 of the 
Canadian International Trade Tribunal Act  or a report of the Minister, that 
 
(a)  the quantity of those goods represents  a substantial share of total imports 
of goods of the same kind; 
 
(b)  in the case of goods imported from a NAFTA country, the quantity of 
those goods, alone or, in exceptional circumstances, together with the 
quantity of goods of the same kind imported from each other NAFTA 
country, contributes importantly to serious injury or threat of serious injury to domestic producers of like or directly competitive goods; and 
 
(c)  in the case of goods imported from any other free trade partner, the 
quantity of those goods contributes importantly to serious injury or threat 
of serious injury to domestic producers of like or directly competitive 
goods. 
Duration of order (2) If an order that applies to goods imported from a free trade partner by 
virtue of subsection (1) is made under s ubsection 55(1) on the basis of a report of 
the Minister, the order ceases to have effect with respect to those goods at the end of the two hundredth day after the day on which the order is made, except that it 
remains in effect for the period, not exceedi ng four years, that is specified in the 
order if, before the order so ceases to ha ve effect, the Canadian International 
Trade Tribunal reports to the Governor in Council under the Canadian 
International Trade Tribunal Act  that 
 
(a)  the quantity of those goods as described  in the report of the Minister is 
substantial in comparison with the quantity of goods of the same kind imported from other countries; 
 
  G/SG/N/1/CAN/3 
 Page 97 
 
 
 (b)  in the case of goods imported from a NAFTA country, the quantity of 
those goods, alone or, in exceptional circumstances, together with the 
quantity of goods of the same kind imported from each other NAFTA 
country, contributes importantly to the serious injury or threat of serious 
injury to domestic producers of like or directly competitive goods; and 
 
(c)  in the case of goods imported from any other free trade partner, the 
quantity of those goods contributes importantly to the serious injury or 
threat of serious injury to domestic producers of like or directly 
competitive goods. 
Repeal (3) If an order that applies to goods imported from a free trade partner in 
accordance with subsection (1 ) is made under subsection 55(1) on the basis of a 
report of the Minister, the Governor in Council shall repeal the order if the Governor in Council is satisfied on the basis of a report of the Canadian 
International Trade Tribunal, made under the Canadian International Trade 
Tribunal Act , that the quantity of those goods is not substantial in comparison 
with the quantity of goods of the sa me kind imported from other countries or 
 
(a)  in the case of goods imported from a NAFTA country, that the quantity of 
those goods, alone or, in exceptional circumstances, together with the 
quantity of goods of the same kind imported from each other NAFTA 
country, does not contribute importantly to the serious injury or threat of 
serious injury to domestic producers of like or directly competitive goods; 
and 
 
(b)  in the case of goods imported from any other free trade partner, that the 
quantity of those goods does not contribute importantly to the serious injury or threat of serious injury to  domestic producers of like or directly 
competitive goods. 
Surtax on goods 
imported from a 
free trade partner 60. If an order has been made under subsection 55(1) or 63(1) imposing a 
surtax that does not apply to goods im ported from a free trade partner because the 
goods did not meet the conditions set out in subsection 59(1) or 63(4) and the 
Governor in Council is satisfied, on the recommendation of the Minister made as 
a result of an inquiry by the Canadian International Trade Tribunal, that there has 
been a surge of those goods on or after the coming into force of the order and that, 
as a result of that surge, the effectivenes s of the imposition of the surtax is being 
undermined, the Governor in Council may, by order, make any such goods, when 
imported into Canada or into any region or  part of Canada specified in the order 
during the period that the order is in effect, subject to a surtax 
 
(a)  at a rate specified in the order; or 
 
(b)  at a rate specified in the order that varies from time to time as the quantity 
of those goods imported into Canada or that region or part of Canada 
during a period specified in the order equals or exceeds quantities 
specified in the order. 
 
The rate may not exceed the rate that, in the opinion of the G overnor in Council, 
is sufficient to prevent the undermining of the order made under subsection 55(1) 
or 63(1). G/SG/N/1/CAN/3 
Page 98  
 
 Rate 61. (1) The rate of a surtax imposed under subsection 55(1), section 60 or 
subsection 63(1) on goods imported from a free trade partner need not be the same rate as that imposed under subsecti on 55(1) or 63(1) on goods of the same 
kind imported from any other country, but must not exceed the rate of surtax 
imposed under subsection 55(1) or 63(1 ) on goods of the same kind imported 
from any other country. 
Limitation (2) If the Governor in Council makes an order under subsection 55(1) or 63(1) 
that applies to goods imported from a free trade partner that meet the conditions 
set out in subsection 59(1) or 63(4) or makes an order under section 60, the 
Governor in Council shall be  guided by subparagraph 5( b) of Article 802 of the 
North American Free Trade Agreement, subparagraph 5( b) of Article F-02 of the 
Canada--Chile Free Trade Ag reement or subparagraph 5( b) of Article 4.6 of the 
Canada--Israel Free Trade Agreement, as the case may be. 
Repeal or 
amendment of surtax order 62. If at any time it appears to the satisf action of the Governor in Council, as a 
result of a mid-term review by the Cana dian International Trade Tribunal under 
section 19.02 of the Canadian International Trade Tribunal Act , that an order 
imposing or extending the application of  a surtax under subsection 55(1), section 
60 or subsection 63(1) should be repealed or amended, the Governor in Council 
may, on the recommendation of the Minister, by order, repeal or amend the order.
Extension order 63. (1) Subject to subsection (4), if, at any time before the expiry of an order 
with respect to any goods made under this  subsection, subsection 55(1) or section 
60 or under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act , it 
appears to the satisfaction of the Governor in Council, as a result of an inquiry 
made by the Canadian International Trade Tribunal under section 30.07 of the 
Canadian International Trade Tribunal Act , that 
 
(a)  an order continues to be necessary to  prevent or remedy serious injury to 
domestic producers of like or directly competitive goods, and 
 
(b)  there is evidence that the domest ic producers of like or directly 
competitive goods are adjusting, as de termined in accordance with any 
regulations made under paragraph 40( b) of the Canadian International 
Trade Tribunal Act , 
 
the Governor in Council may, on the recommendation of the Minister, make an 
extension order imposing a surtax on any goods specified in the previous order imported from any country specifi ed in the extension order. 
Scope and rate (2) If an extension order is  made under subsection (1), 
 
(a)  the extension order applies to goods  imported into Canada, or any region 
or part of Canada, specified in the order during the period that the order is 
in effect; and 
 
(b)  the rate of the surtax imposed by  the extension order must, subject to 
subsection (3), 
 
(i)  be at a rate specified in the extension order, or   G/SG/N/1/CAN/3 
 Page 99 
 
 
 (ii)  be at a rate specified in the extension order that varies from time to 
time as the quantity of the goods im ported into Canada or that region 
or part of Canada during a period specified in the order equals or 
exceeds totals specified in the order. 
Maximum rate (3) The rate specified in the extension order may not exceed 
 
(a)  the lowest of any rates previous ly imposed with respect to the goods 
under subsection (1) or 55(1) or section 60; and 
 
(b)  the rate that in the opinion of th e Governor in Council is sufficient to 
prevent or remedy serious injury to domestic producers of like or directly 
competitive goods and to facilitate th e adjustment of the domestic 
producers. 
Exception for 
goods imported from a free trade 
partner (4) An order made under subsection (1 ) may apply to goods imported from a 
free trade partner only if it appears to the satisfaction of the Governor in Council, 
on the basis of a report made under the Canadian International Trade Tribunal 
Act, that 
 
(a)  the quantity of those goods represen ts a substantial share of the total 
imports of goods of the same kind; 
 
(b)  in the case of goods imported from a NAFTA country, the quantity of 
those goods, alone or, in exceptional circumstances, together with the 
quantity of goods of the same kind imported from each other NAFTA 
country, contributes importantly to the serious injury or threat of serious 
injury to domestic producers of like or directly competitive goods; and 
 (c)  in the case of goods imported from any other free trade partner, the 
quantity of those goods contributes importantly to the serious injury or 
threat of serious injury to domestic producers of like or directly competitive goods. 
Period and repeal 
of extension 
orders (5) Every extension order made under subsection (1) 
 
(a)  remains in effect, subject to this sec tion, for the period that is specified in 
the order, but the total of the specified period and the periods during 
which the goods were subject to rela ted orders made under subsection (1) 
or 55(1) or section 60 or under subsec tion 5(3), (3.2) or (4.1) of the 
Export and Import Permits Act  may not exceed eight years; and 
 
(b)  may, notwithstanding any other provision of this section, be amended or 
repealed at any time by the Governor in Council on the recommendation of the Minister, unless, before that time, a resolution directing that the 
order cease to have effect has been adopted by both Houses of Parliament 
under section 64. 
 
   
 
 G/SG/N/1/CAN/3 
Page 100  
 
 Resolution of 
Parliament of 
cessation 64. Notwithstanding sections 55 to 63 and 65 to 67, if a resolution directing 
that an order made under subsection 55( 1), section 60 or subsection 63(1) cease to 
have effect is adopted by both Houses of Parliament, the order ceases to have 
effect on the day that the resolution is adopted or, if the adopted resolution 
specifies a day on which the order ceases to have effect, on that specified day. 
Notice in Canada 
Gazette  65. If an order made under 
 
(a)  subsection 55(1) remains in effect by reason of subsection 56(2) or 59(2), 
or 
 (b)  subsection 55(1), section 60 or sub section 63(1) ceases to have effect by 
reason of a resolution of both Houses of Parliament, 
 
the Minister shall cause a notice to that effect to be published in the Canada 
Gazette . 
Regulations 66. The Governor in Council may make regulations for carrying out the 
purposes of sections 55 to 65 and may, by order, suspend a surtax or rate in whole 
or in part from application to the goods of any country or any class of such goods.
Decision of 
Governor in 
Council final 67. The decision of the Governor in Council is final on any question that may 
arise regarding the application of the surtax or rate imposed under sections 55 to 
66. 
 
Safeguard Measures for Agricultural Goods 
Surtax order 68. (1) Notwithstanding this Act or any ot her Act of Parliament but subject to 
subsections (2) to (7), the Governor in Council may, on the recommendation of 
the Minister, by order, make any prescribed agricultural goods specified in the 
order subject to 
 
(a)  a surtax, at a rate specified in the order, that is in addition to any other 
duty imposed under this Act or any other Act of Parliament relating to 
customs; and 
 
(b)  any conditions set out in the order re lating to the imposition of the surtax.
Conditions for 
making order (2) Before recommending that an orde r be made under subsection (1), the 
Minister must be satisfied, on the basis of a report by the Minister of Agriculture 
and Agri-Food, that the conditions, set out in Article 5 of the Agreement on 
Agriculture in Annex 1A of the World Trade Organization Agreement, for the imposition of a surtax on the prescribed agricultural goods have been met. 
Non-application 
to goods in transit (3) The Commissioner of Customs and Revenue may relieve goods from 
payment of a surtax imposed by an order under subsection (1) if the 
Commissioner is of the opinion that 
 
(a)  before the coming into force of the order, the goods were purchased for 
importation in the expectation in good f aith that subsection (1) would not 
have applied to those goods; and  G/SG/N/1/CAN/3 
 Page 101 
 
 
  
(b)  at the time that the order comes into  force, the goods were in transit to the 
purchaser in Canada. 
Resolution of 
Parliament of 
cessation (4) If both Houses of Parliament adopt a resolution directing that an order 
made under subsection (1) cease to have effe ct, the order ceases to have effect on 
the day that the resolution is adopted or , if the adopted resolution specifies a day 
on which the order ceases to have effect, on that specified day. 
Notice in Canada 
Gazette  (5) If an order under subsection (1) ceases to have effect as a result of a 
resolution of both Houses of Parliament, the Minister shall cause a notice to that 
effect to be published in the Canada Gazette . 
Regulations (6) The Governor in Council may, on the recommendation of the Minister, 
make regulations 
 
(a)  prescribing agricultural goods for the purposes of this section in respect 
of any country; 
 (b)  prescribing terms and conditions go verning the making of orders under 
subsection (1); and 
 (c)  generally for carrying out the purposes and provisions of this section. 
Exemption from 
Statutory 
Instruments Act  (7) An order under subsection (1) is exem pt from the application of sections 3, 
5 and 11 of the Statutory Instruments Act . 
Publication (8) Every order made under subsection (1) must be published in the Canada 
Gazette . 
1997, c. 36, s. 68; 1999, c. 17, s. 130. 
 
Bilateral Emergency Measures for US Goods 
Non-application 69. (1) This section does not apply in re spect of textile and apparel goods set 
out in Appendix 1.1 of Annex 300-B of Chapter Three of the North American 
Free Trade Agreement. 
Order by 
Governor in Council (2) Subject to subsection (3), if at any time it appears to the satisfaction of the 
Governor in Council, as a result of an inqui ry made by the Canadian International 
Trade Tribunal under section 19.01 or subsection 19.1(2) of the Canadian 
International Trade Tribunal Act or further to a complaint filed under section 23 
of that Act, that goods that are entitled to  the United States Tariff are, as a result 
of that entitlement, being imported in such increased quantities and under such 
conditions as to alone constitute a principal cause of serious injury to domestic 
producers of like or directly competitive goods, the Governor in Council may, on 
the recommendation of the Minister, by order, 
 
(a)  in respect of goods on which a customs duty is imposed on a seasonal 
basis, make those goods subject to a temporary duty, in addition to any 
other duty specified in this Act or in any other Act of Parliament relating 
to customs, at a rate set out in the or der, but that rate, when added to the G/SG/N/1/CAN/3 
Page 102  
 
 rate of customs duty set out in the List of Tariff Provisions that is in effect 
in respect of those goods at that ti me, may not exceed the Most-Favoured-
Nation Tariff rate of customs duty that was in effect in respect of those 
goods immediately before 1 January 1989; and 
 (b)  in respect of any other goods, make those goods subject to a temporary 
duty, in addition to any other duty specified in this Act or in any other Act 
of Parliament relating to customs, at a rate set out in the order, but that 
rate, when added to the rate of custom s duty specified in the List of Tariff 
Provisions that is in effect in respect  of those goods at that time, may not 
exceed the lesser of 
 
(i)  the Most-Favoured-Nation Tariff rate of customs duty that was in 
effect in respect of those goods on 31 December 1988, and 
 
(ii)  the Most-Favoured-Nation Tariff rate of customs duty that is in 
effect in respect of those goods at the time the order is made. 
Terms and 
conditions (3) An order made under subsection (2) 
 
(a)  may not be made more than once during the period beginning on 
1 January 1988 and ending on 31 Decemb er 1998 in respect of goods of a 
particular kind and, if made during that period, remains in effect for the 
period, not exceeding three years, specified in the order; and 
 (b)  may be made after 31 December 1998 on ly if it is based on an agreement 
between the Government of Canada and the Government of the United 
States relating to the application of subsection (2). 
Definition of 
"principal cause" (4) In this section, "principal cause" mean s, in respect of a serious injury, an 
important cause that is not less important than any other cause of the serious 
injury. 
Reference to 
customs duty in effect (5) For the purposes of paragraph (2)( a), the Most-Favoured-Nation Tariff 
rate of customs duty in effect in respect of a fresh fruit or vegetable is 
 
(a)  in respect of a fresh vegetable, the ra te of customs duty applicable to that 
vegetable set out in the applicable tari ff item referred to in Supplementary 
Note 2( b) in Chapter 7 of the List of Tariff Provisions; and 
 
(b)  in respect of a fresh fruit, the rate of customs duty applicable to that fruit 
set out in the applicable tariff item re ferred to in Supplementary Note 4( b) 
in Chapter 8 of the List of Tariff Provisions. 
 
Bilateral Emergency Measures for Mexican and MUST Goods 
Non-application 70. (1) This section does not apply in re spect of textile and apparel goods set 
out in Appendix 1.1 of Annex 300-B of Chapter Three of the North American 
Free Trade Agreement. 
   G/SG/N/1/CAN/3 
 Page 103 
 
 
 Order by 
Governor in 
Council (2) Subject to subsection (3), if at any time it appears to the satisfaction of the 
Governor in Council, as a result of an inqui ry made by the Canadian International 
Trade Tribunal under subsection 19.01(3) of the Canadian International Trade 
Tribunal Act  or further to a complaint filed under subsection 23(1.02) of that Act, 
that goods that are entitled to the Mexico  Tariff or the Mexico--United States 
Tariff are, as a result of that entitlement, being imported in such increased 
quantities and under such conditions as to alone constitute a principal cause of 
serious injury, or a threat of serious injury, to domestic producers of like or 
directly competitive goods, the Governor  in Council may, on the recommendation 
of the Minister, by order, 
 
(a)  suspend, during the period that the order is in effect, any reduction of the 
rate of customs duty in respect of those goods that would otherwise be made after that time by virtue of section 45; 
 
(b)  in respect of goods on which a customs duty is imposed on a seasonal 
basis, make those goods subject to a temporary duty, in addition to any 
other duty specified in this Act or in any other Act of Parliament relating 
to customs, at a rate set out in the or der, but that rate, when added to the 
rate of customs duty set out in the List of Tariff Provisions that is in effect 
in respect of those goods at that ti me, may not exceed the Most-Favoured-
Nation Tariff rate of customs duty that was in effect in respect of those 
goods immediately before 1 January 1994; and 
 (c)  in respect of goods other than goods referred to in paragraph ( b), make 
those goods subject to a temporary duty, in addition to any other duty 
specified in this Act or in any other Act of Parliament relating to customs, 
at a rate set out in the order, but th at rate, when added to the rate of 
customs duty specified in the List of Tariff Provisions that is in effect in
respect of those goods at that time, may not exceed the lesser of 
 
(i)  the Most-Favoured-Nation Tariff rate of customs duty that was in 
effect in respect of those goods on 31 December 1993, and 
 
(ii)  the Most-Favoured-Nation Tariff rate  of customs duty that is in effect 
in respect of those goods at the time the order is made. 
Terms and 
conditions (3) An order under subsection (2) 
 
(a)  may not be made more than once during the period beginning on 
1 January 1994 and ending on 31 Decemb er 2003 in respect of goods of a 
particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and 
 
(b)  may be made after 31 December 2003 on ly if it is based on an agreement 
between the Government of Canada  and the Government of Mexico 
relating to the application of subsection (2). 
Rate of duty when 
order ceases to 
have effect (4) If an order made under subsection (2) ceases to have effect in a particular 
calendar year, 
 
 G/SG/N/1/CAN/3 
Page 104  
 
 (a)  the rate of customs duty applicable  to the goods after the order ceases to 
have effect and until 31 December of that  year is the rate that would have 
been applicable one year after the making of the order, as reduced in 
accordance with section 45; and 
 
(b)  the rate of customs duty applicable to the goods beginning on 
1 January of the following year is the rate specified by the Minister under subsection (5). 
Specification of 
applicable rate (5) For the purposes of subsection (4), th e Minister shall, by order, specify 
that the rate referred to in paragraph (4)( b) is 
 
(a)  the rate of customs duty that would have been applicable on 1 January of 
the year following the year in which the order ceases to have effect, if the rate of customs duty had been re duced in accordance with section 45, 
reduced for subsequent years in accordance with that section; or 
 (b)  the rate of customs duty that would have been applicable one year after 
the making of the order, reduced in equal annual stages beginning on 
1 January of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the 
goods would otherwise be reduced to the final rate in accordance with 
section 45. 
Definition of 
"principal cause" (6) In this section, "principal cause" mean s, in respect of a serious injury or 
threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat. 
Reference to 
customs duty in 
effect (7) For the purposes of paragraph (2)( b), the Most-Favoured-Nation Tariff 
rate of customs duty in effect in respect of a fresh fruit or vegetable is 
 
(a)  in respect of a fresh vegetable, the ra te of customs duty applicable to that 
vegetable set out in the applicable tari ff item referred to in Supplementary 
Note 2( b) in Chapter 7 of the List of Tariff Provisions; and 
 
(b)  in respect of a fresh fruit, the rate of customs duty applicable to that fruit 
set out in the applicable tariff item re ferred to in Supplementary Note 4( b) 
in Chapter 8 of the List of Tariff Provisions. 
 
Bilateral Emergency Measures -- Chile 
Non-application 71. (1) This section does not apply in re spect of textile and apparel goods set 
out in Appendix 1.1 of Annex C-00- B of the Canada--Chile Free Trade 
Agreement. 
Order by 
Governor in 
Council (2) Subject to subsection (3), if at any time it appears to the satisfaction of the 
Governor in Council, as a result of an inqui ry made by the Canadian International 
Trade Tribunal under subsection 19.012(2) of the Canadian International Trade 
Tribunal Act  or further to a complaint filed under subsection 23(1.05) of that Act, 
that goods that are entitled to the Chile Ta riff are, as a result of that entitlement, 
being imported in such increased quantities and under such conditions as to alone 
constitute a principal cause of serious inju ry, or a threat of serious injury, to  G/SG/N/1/CAN/3 
 Page 105 
 
 
 domestic producers of like or directly co mpetitive goods, the Governor in Council 
may, on the recommendation of the Minister, by order, 
 
(a)  suspend, during the period that the order is in effect, any reduction of the 
rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 46; 
 
(b)  in respect of goods on which a customs duty is imposed on a seasonal 
basis, make those goods subject to a temporary duty, in addition to any 
other duty specified in this Act or in  any other Act of Parliament relating 
to customs, at a rate set out in the or der, but that rate, when added to the 
rate of customs duty set out in the List of Tariff Provisions that is in effect 
in respect of those goods at that ti me, may not exceed the Most-Favoured-
Nation Tariff rate of customs duty that was in effect in respect of those 
goods immediately before 5 July 1997; and 
 (c)  in respect of goods other than goods referred to in paragraph ( b), make 
those goods subject to a temporary duty, in addition to any other duty 
specified in this Act or in any other Act of Parliament relating to customs, 
at a rate set out in the order, but th at rate, when added to the rate of 
customs duty specified in the Chile Tari ff that is in effect in respect of 
those goods at that time, may not exceed the lesser of 
 
(i)  the Most-Favoured-Nation Tariff rate of customs duty that was in 
effect in respect of those goods on 4 July 1997, and 
 
(ii)  the Most-Favoured-Nation Tariff rate of customs duty that is in effect 
in respect of those goods at the time the order is made. 
Terms and 
conditions (3) An order under subsection (2) 
 
(a)  may not be made more than once during the period beginning on 
5 July 1997 and ending on 31 December 2002 in respect of goods of a 
particular kind and, if made during that period, remains in effect for the period, not exceeding three years, specified in the order; and 
 
(b)  may be made after 31 December 2002 on ly if it is based on an agreement 
between the Government of Canada and the Government of the Republic 
of Chile relating to the application of subsection (2). 
Rate of duty when 
order ceases to have effect (4) If an order made under subsection (2) ceases to have effect in a particular 
calendar year, 
 
(a)  the rate of customs duty applicable  to the goods after the order ceases to 
have effect and until 31 December of th at year is the rate that would 
otherwise have been applicable one ye ar after the making of the order, as 
reduced in accordance with section 46; and 
 
(b)  the rate of customs duty applicable to the goods beginning on 1 January 
of the following year is the rate specified by the Minister under 
subsection (5). G/SG/N/1/CAN/3 
Page 106  
 
 Specification of 
applicable rate (5) For the purposes of subsection (4), th e Minister shall, by order, specify 
that the rate referred to in paragraph (4)( b) is 
 
(a)  the rate of customs duty that would have been applicable on 1 January of 
the year following the year in which the order ceases to have effect, if the 
rate of customs duty had been re duced in accordance with section 46, 
reduced for subsequent years in accordance with that section; or 
 
(b)  the rate of customs duty that would have been applicable one year after 
the making of the order, reduced in equal annual stages beginning on 1 January of the year following the year in which the order ceases to have 
effect and ending on the day on which the rate of customs duty for the 
goods would otherwise be reduced to the final rate in accordance with section 46. 
Definition of 
"principal cause" (6) In this section, "principal cause" mean s, in respect of a serious injury or 
threat of serious injury, an important cause that is not less important than any other cause of the serious injury or threat. 
Reference to 
customs duty in 
effect (7) For the purposes of paragraph (2)( b), the Most-Favoured-Nation Tariff 
rate of customs duty in effect in respect of a fresh fruit or vegetable is 
 
(a)  in respect of a fresh vegetable, the ra te of customs duty applicable to that 
vegetable set out in the applicable tari ff item referred to in Supplementary 
Note 2( b) in Chapter 7 of the List of Tariff Provisions; and 
 (b)  in respect of a fresh fruit, the rate of customs duty applicable to that fruit 
set out in the applicable tariff item re ferred to in Supplementary Note 4( b) 
in Chapter 8 of the List of Tariff Provisions. 
 
Bilateral Emergency Measures -- Costa Rica 
Non-application 71.1 (1) This section does not apply in respect of textile and apparel goods set 
out in Appendix III.1.1.1 of Annex III. 1 of the Canada--Costa Rica Free Trade 
Agreement. 
Order by 
Governor in 
Council (2) Subject to subsections (3) and (4), if at any time it appears to the 
satisfaction of the Governor in Council, as a result of an inquiry made by the 
Canadian International Trade Tribun al under subsection 19.013(2) of the 
Canadian International Trade Tribunal Act or further to a complaint filed under 
subsection 23(1.07) of that Act, that goods that are entitled to the Costa Rica 
Tariff are, as a result of that entitlement, being imported in such increased 
quantities and under such conditions as to alone constitute a principal cause of 
serious injury, or a threat of serious injury, to domestic producers of like or 
directly competitive goods, the Governor  in Council may, on the recommendation 
of the Minister, by order 
 
(a)  suspend, during the period that the order is in effect, any reduction of the 
rate of customs duty with respect to those goods that would otherwise be made after that time by virtue of section 49.1; 
  G/SG/N/1/CAN/3 
 Page 107 
 
 
 (b)  in respect of goods on which a customs duty is imposed on a seasonal 
basis, make those goods subject to a temporary duty, in addition to any 
other duty specified in this Act or in  any other Act of Parliament relating 
to customs, at a rate set out in the or der, but that rate, when added to the 
rate of customs duty set out in the List of Tariff Provisions that is in effect 
in respect of those goods at that ti me, may not exceed the Most-Favoured-
Nation Tariff rate of customs duty that was in effect in respect of those 
goods immediately before the coming into force of this subsection; and 
 
(c)  in respect of goods other than goods referred to in paragraph ( b), make 
those goods subject to a temporary duty, in addition to any other duty 
specified in this Act or in any other Act of Parliament relating to customs, 
at a rate set out in the order, but th at rate, when added to the rate of 
customs duty specified in the Costa Rica Tariff that is in effect in respect 
of those goods at that time, may not exceed the lesser of 
 
(i)  the Most-Favoured-Nation Tariff rate of customs duty that was in 
effect in respect of those goods immediately before the coming into 
force of this subsection, and 
 
(ii)  the Most-Favoured-Nation Tariff rate  of customs duty that is in effect 
in respect of those goods at the time the order is made. 
Terms and 
conditions (3) An order under subsection (2) 
 
(a)  may not be made more than tw ice during the period beginning on the 
coming into force of this subsection and ending on the date that is seven 
years after the coming into force of this subsection in respect of goods of a particular kind and, if made during th at period, remains in effect for the 
period, not exceeding three years, specified in the order; and 
 (b)  may be made after the date that is seven years after the coming into force 
of this subsection only if it is based on an agreement between the 
Government of Canada and the Gove rnment of the Republic of Costa 
Rica relating to the application of subsection (2). 
Application of 
measures a second 
time (4) A measure referred to in an order made under subsection (2) may be 
applied a second time if 
 
(a)  the period of time that has elapsed  since the initial application of the 
measure ended is equal to at l east one half the initial period of 
application; 
 (b)  the rate of duty for the first year of the second action is not greater than 
the rate that would be in effect in accordance with the Schedule of 
Canada referred to in Annex III.3.1 of  the Canada--Costa Rica Free Trade 
Agreement, entitled "Tariff Elimination", at the time the first action was 
imposed; and 
 (c)  the rate of duty applicable to any subsequent year is reduced in equal 
steps such that the duty rate in the fina l year of the action is equivalent to 
the rate provided for in the Schedule of Canada referred to in G/SG/N/1/CAN/3 
Page 108  
 
 Annex III.3.1 of the Canada--Costa Rica Free Trade Agreement, entitled 
"Tariff Elimination", for that year. 
Rate of duty when 
order ceases to have effect (5) If an order made under subsection (2) ceases to have effect in a particular 
calendar year, 
 
(a)  the rate of customs duty applicable  to the goods after the order ceases to 
have effect and until 31 December of th at year is the rate that would 
otherwise have been applicable one ye ar after the making of the order, as 
reduced in accordance with section 49.1; and 
 (b)  the rate of customs duty applicable to the goods beginning on 1 January 
of the following year is the rate specified by the Minister under 
subsection (6). 
Specification of 
applicable rate (6) For the purposes of subsection (5), th e Minister shall, by order, specify 
that the rate referred to in paragraph (5)( b) is 
 
(a)  the rate of customs duty that would have been applicable on 1 January of 
the year following the year in which the order ceases to have effect, if the 
rate of customs duty had been redu ced in accordance with section 49.1, 
reduced for subsequent years in accordance with that section; or 
 
(b)  the rate of customs duty that would have been applicable one year after 
the making of the order, reduced in equal annual stages beginning on 
1 January of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs duty for the 
goods would otherwise be reduced to the final rate in accordance with 
section 49.1. 
Definition of 
"principal cause" (7) In this section, "principal cause" mean s, in respect of a serious injury or 
threat of serious injury, an important cause that is not less important than any 
other cause of the serious injury or threat. 
Reference to 
customs duty in effect (8) For the purposes of paragraph (2)( b), the Most-Favoured-Nation Tariff 
rate of customs duty in effect in respect of a fresh fruit or vegetable is 
 
(a)  in respect of a fresh vegetable, the ra te of customs duty applicable to that 
vegetable set out in the applicable tari ff item referred to in Supplementary 
Note 2( b) in Chapter 7 of the List of Tariff Provisions; and 
 
(b)  in respect of a fresh fruit, the rate of customs duty applicable to that fruit 
set out in the applicable tariff item re ferred to in Supplementary Note 4( b) 
in Chapter 8 of the List of Tariff Provisions. 
2001, c. 28, s. 38. 
 
Bilateral Emergency Measures -- Israel or Another CIFTA Beneficiary 
Orders by 
Governor in 
Council 72. (1) Subject to subsection (2), if at any time it appears to the satisfaction of 
the Governor in Council, as a result of an inquiry made by the Canadian 
International Trade Tribunal under subsection 19.011(2) of the Canadian 
International Trade Tribunal Act  or further to a complaint filed under subsection  G/SG/N/1/CAN/3 
 Page 109 
 
 
 23(1.04) of that Act, that goods that ar e entitled to the Canada--Israel Agreement 
Tariff are, as a result of that entitlement, being imported into Canada in such 
increased quantities and under such conditi ons as to alone constitute a principal 
cause of serious injury to domestic producers of like or directly competitive 
goods, the Governor in Council may, on the recommendation of the Minister, by 
order, 
 
(a)  suspend, during the period that the order is in effect, any reduction of the 
rate of customs duty with respect to those goods that would otherwise be 
made after that time under the Ca nada--Israel Agreement Tariff; and 
 
(b)  make those goods subject to a tem porary duty, in addition to any other 
duties imposed under this Act or any ot her Act of Parliament relating to 
customs, at a rate set out in the order, but no such rate may, when added 
to the rate of customs duty specifi ed in the Canada--Israel Agreement 
Tariff that is in effect in respect of those goods at that time, exceed the 
lesser of 
 
(i)  the Most-Favoured-Nation Tariff rate  of customs duty that is in effect 
in respect of those goods at the time the order is made, and 
 
(ii)  the Most-Favoured-Nation Tariff or  General Preferential Tariff rate of 
customs duty that was in effect  in respect of those goods on 
1 January 1997. 
No order after 
1 July 1999 (2) An order under subsection (1) shall not be made, or remain in effect, after 
1 July 1999. 
Definition of 
"principal cause" (3) In this section, "principal cause" mean s, in respect of a serious injury, an 
important cause that is not less important than any other cause of the serious 
injury. 
 
Bilateral Safeguard Measures for US Fresh Fruit or Vegetables 
Temporary duty 
on fresh fruit or vegetables 73. (1) Notwithstanding this Act or any ot her Act of Parliament but subject to 
subsections (2) to (7), the Minister may,  if the Minister is satisfied that the 
conditions set out in Article 702 of the Canada--United States Free Trade Agreement for the application of a temporary duty on a fresh fruit or vegetable 
have been met, by order, for the purpo se of implementing Canada's rights under 
that Agreement and subject to such te rms and conditions as may be prescribed, 
make a fresh fruit or vegetable of heading No. 07.01, 07.02, 07.03, 07.04, 07.05, 
07.06 (other than turnips), 07.07, 07.08, 07.09 (other than truffles), 08.09 or 08.10 
(other than cranberries and blueberries) or of subheading No. 0806.10 or 0808.20, 
set out in the order that is entitled to the United States Tariff, when imported into 
Canada or any region of Canada set out in  the order, subject to a temporary duty, 
in addition to any other duty imposed under this Act or any other Act of 
Parliament relating to customs, at a rate set out in the order. 
Maximum rate (2) No rate of temporary duty imposed under subsection (1) in respect of a 
fresh fruit or vegetable, when added to any other rate of customs duty specified in 
the List of Tariff Provisions for that fresh fruit or vegetable, may exceed the lesser 
of G/SG/N/1/CAN/3 
Page 110  
 
  
(a)  the Most-Favoured-Nation Tariff rate of customs duty that was in effect 
in respect of the fresh fruit or vegetable in the season for that fresh fruit or 
vegetable immediately befo re 1 January 1989, and 
 
(b)  the Most-Favoured-Nation Tariff rate of customs duty that is in effect in 
respect of the fresh fruit or vegetable at the time the order is made. 
Temporary duty 
imposable only once in 12 months (3) The temporary duty referred to in  subsection (1) may be imposed in 
respect of a fresh fruit or vegetable only once, in respect of any particular region 
or on a national basis, in any period of 12 consecutive months. 
If emergency 
actions taken (4) No order may be made in respec t of a fresh fruit or vegetable under 
subsection (1) during any period in whic h an order made under subsection 55(1), 
section 60 or subsection 63(1) or 69(2) or under subsection 5(3), (3.2) or (4.1) of 
the Export and Import Permits Act in respect of the same fresh fruit or vegetable 
is in force. 
Non-application 
to goods in transit (5) Fresh fruit or vegetables that were  purchased, before the coming into force 
of an order made under subsection (1), fo r importation through a customs office in 
a region specified in the order in th e expectation in good faith that the 
United States Tariff rate of customs duty a pplicable to the fresh fruit or vegetables 
would apply to them and that were in tr ansit to the purchaser in Canada at the 
time of the coming into force of the orde r are not subject to the temporary duty 
specified in the order. 
Repeal if 
conditions met (6) The Minister shall repeal an order made under subsection (1) if the 
Minister is satisfied that the conditions for the removal of the temporary duty set 
out in paragraph 4 of Article 702 of  the Canada--United States Free Trade 
Agreement have been met. 
Ceases to have 
effect (7) An order made under subsection (1) ceases to have effect on the earlier of 
any expiry date set out in the order and the one hundred and eightieth day after the 
day on which the order is made. 
Reference to 
customs duty in 
effect (8) For the purposes of the application of paragraphs 2( a) and ( b) in respect of 
fresh fruit or vegetables on which a customs duty is imposed on a seasonal basis, 
the Most-Favoured-Nation Tariff rate of customs duty in effect in respect of the 
fresh fruit or vegetables is 
 
(a)  in respect of fresh vegetables, the ra te of customs duty applicable to those 
vegetables set out in the tariff ite m referred to in Supplementary 
Note 2( b) in Chapter 7 of the List of Tariff Provisions; and 
 
(b)  in respect of fresh fruit, the rate of  customs duty applicable to that fruit 
set out in the tariff item referre d to in Supplementary Note 4( b) in 
Chapter 8 of the List of Tariff Provisions. 
Regulations (9) The Governor in Council may, on the recommendation of the Minister, 
make regulations that are consistent with the Canada--United States Free Trade 
Agreement for carrying out the purposes of this section and to prescribe anything 
that, by this section, is to be prescribed.  G/SG/N/1/CAN/3 
 Page 111 
 
 
 Exemption from 
Statutory 
Instruments Act  (10) An order made under subsection (1) is exempt from the application of 
sections 3, 5 and 11 of the Statutory Instruments Act . 
Publication (11) Every order made under subsection (1) must be published in the Canada 
Gazette . 
 
Bilateral Safeguard Measures for Mexican Agricultural Goods 
Purpose 74. (1) The purpose of this section is to give effect to paragraphs 3 and 4 of 
Article 703 of the North American Free Trade Agreement. 
Application (2) This section applies to goods of any of tariff item Nos. 0603.10.12, 
0603.10.21, 0702.00.92, 0703.10.32, 0707.00.92, 0710.80.21, 0811.10.11, 
0811.10.91 and 2002.90.10 that are entitled to the Mexico Tariff. 
Limits on 
reduction of duty (3) The Governor in Council may, on the recommendation of the Minister, by 
order, specify limits on the aggregate quan tity of goods of any tariff item referred 
to in subsection (2) that are entitled to a reduction of the rate of customs duty 
provided for in the List of Tariff Provi sions and the periods during which such 
limits apply. 
Application of 
special measures (4) An order made under subsection 55( 1), section 60 or subsection 63(1) or 
under subsection 5(3), (3.2) or (4.1) of the Export and Import Permits Act has 
effect in respect of goods referred to in  subsection (2) only during any period in 
which the limits specified under subsection (3) for those goods have not been 
exceeded. 
Cessation (5) This section ceases to have effect on 31 December 2002. 
  
Bilateral Emergency Measures fo r Textile and Apparel Goods  
Imported from a NAFTA Country 
 
Order by 
Governor in 
Council 75. (1) If it appears to the satisfaction of the Governor in Council, on the basis 
of a report of the Minister further to a complaint under subsection 23(1.03) of the Canadian International Trade Tribunal Act  or as a result of an inquiry made by 
the Canadian International Trade Tribunal under subparagraph 26(1)( a)(i.3) of 
that Act, that textile a nd apparel goods set out in Ap pendix 1.1 of Annex 300-B of 
Chapter Three of the North American Free Trade Agreement and entitled to the 
United States Tariff or the Mexico Tariff are being imported in such increased quantities, in absolute terms or relative to the domestic market for the goods, and 
under such conditions as to cause serious da mage or an actual threat of serious 
damage to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order, 
 
(a)  suspend any further reduction of any rate of customs duty in respect of 
the goods that would otherwise result under section 45; or 
 
  G/SG/N/1/CAN/3 
Page 112  
 
 (b)  impose, in addition to any other duty imposed under this or any other Act 
of Parliament, a temporary duty on th e goods at a rate specified in the 
order. 
Limit on amount 
of temporary duty (2) A rate of temporary duty imposed under paragraph (1)( b) may not, when 
added to the rate of customs duty specified in the List of Tariff Provisions for the 
goods, exceed the lesser of 
 
(a)  the Most-Favoured-Nation Tariff rate  for the goods in effect when the 
order is made, and 
 (b)  the Most-Favoured-Nation Tariff rate for the goods in effect on 
31 December 1993. 
Period (3) Subject to subsection (4), an orde r made under subsection (1) remains in 
effect for a period, not exceeding thr ee years, specified in the order. 
Duration of order (4) If an order is made under subsection (1) on the basis of a report of the 
Minister, the order ceases to have effect at the end of the one hundred and eightieth day after the day on which the order is made unless, before the order so 
ceases to have effect, the Canadian Inte rnational Trade Tribunal reports to the 
Governor in Council, on the basis of  an inquiry made under subparagraph 
26(1)( a)(i.3) of the Canadian International Trade Tribunal Act , that the goods 
described in the report of the Minister are being imported from the country named 
in the report under such conditions as to  cause or threaten serious damage to 
domestic producers of like or directly competitive goods. 
Extension of order (5) The Governor in Council may, on the recommendation of the Minister, by 
order, extend the period of an order made as a result of an inquiry of the Canadian 
International Trade Tribunal made under subparagraph 26(1)( a)(i.3) of the 
Canadian International Trade Tribunal Act or an order that remains in effect by 
virtue of subsection (4) on the basis of a report of that Tribunal, but the total 
period of the order may not exceed three years. 
Rate of customs 
duty after order 
ceases to have 
effect (6) If an order made under subsection (1) ceases to have effect in a particular 
calendar year, 
 
(a)  the rate of customs duty applicable  to the goods after the order ceases to 
have effect and until 31 December of that  year is the rate that would have 
been applicable one year after the making of the order, as reduced in 
accordance with section 45; and 
 
(b)  the rate of customs duty applicable to the goods beginning on 1 January 
of the following year is the rate specified by the Minister under 
subsection (7). 
Specification of 
applicable rates (7) For the purposes of subsection (6), th e Minister shall, by order, specify 
that the rate referred to in paragraph (6)( b) is 
 
(a)  the rate of customs duty that would have been applicable on 1 January of 
the year following the year in which th e order ceases to have effect if the 
rate of customs duty had been re duced in accordance with section 45, 
reduced to "Free" in accord ance with that section; or  G/SG/N/1/CAN/3 
 Page 113 
 
 
  
(b)  the rate of customs duty that would have been applicable one year after 
the making of the order, reduced to "Free" in equal annual stages 
beginning on 1 January of the year following the year in which the order 
ceases to have effect and ending on the day on which the rate of customs duty for the goods would be reduced to "Free" in accordance with 
section 45. 
Further orders (8) An order under subsection (1) may not be made more than once during the 
period beginning on 1 January 1994 and ending on 31 December 2003 in respect 
of goods of a particular kind. 
  
Bilateral Emergency Measures for Textile and  
Apparel Goods Imported from Chile 
 
Order by 
Governor in 
Council 76. (1) If it appears to the satisfaction of the Governor in Council, on the basis 
of a report of the Minister further to a complaint under subsection 23(1.06) of the Canadian International Trade Tribunal Act or as a result of an inquiry made by 
the Canadian International Trade Tribunal under subparagraph 26(1)( a)(i.6) of 
that Act, that textile and apparel goods set out in Appendix 1.1 of Annex C-00-B 
of the Canada--Chile Free Trade Agreemen t and entitled to the Chile Tariff are 
being imported in such increased quantities,  in absolute terms or relative to the 
domestic market for the goods, and under such conditions as to cause serious 
damage or an actual threat of serious damage to domestic producers of like or 
directly competitive goods, the Governor  in Council may, on the recommendation 
of the Minister, by order, 
 
(a)  suspend any further reduction of any rate of customs duty in respect of 
the goods that would otherwise result under section 46; or 
 
(b)  impose, in addition to any other duty imposed under this or any other Act 
of Parliament, a temporary duty on th e goods at a rate specified in the 
order. 
Limit on amount 
of temporary duty (2) A rate of temporary duty imposed under paragraph (1)( b) may not, when 
added to the rate of customs duty specified in the List of Tariff Provisions for the 
goods, exceed the lesser of 
 
(a)  the Most-Favoured-Nation Tariff rate  for the goods in effect when the 
order is made, and 
 
(b)  the Most-Favoured-Nation Tariff rate for the goods in effect on 
4 July 1997. 
Period (3) Subject to subsection (4), an orde r made under subsection (1) remains in 
effect for a period, not exceeding thr ee years, specified in the order. 
Duration of order (4) If an order is made under subsection (1) on the basis of a report of the 
Minister, the order ceases to have effect at the end of the one hundred and 
eightieth day after the day on which the order is made unless, before the order so 
ceases to have effect, the Canadian Inte rnational Trade Tribunal reports to the G/SG/N/1/CAN/3 
Page 114  
 
 Governor in Council, on the basis of  an inquiry made under subparagraph 
26(1)( a)(i.6) of the Canadian International Trade Tribunal Act , that the goods 
described in the report of the Minister are being imported from the country named 
in the report under such conditions as to  cause or threaten serious damage to 
domestic producers of like or directly competitive goods. 
Extension of order (5) The Governor in Council may, on the recommendation of the Minister, by 
order, extend the period of an order made as a result of an inquiry of the Canadian 
International Trade Tribunal made under subparagraph 26(1)( a)(i.6) of the 
Canadian International Trade Tribunal Act or an order that remains in effect by 
virtue of subsection (4) on the basis of a report of that Tribunal, but the total 
period of the order may not exceed three years. 
Rate of duty after 
order ceases to 
have effect (6) If an order made under subsection (1) ceases to have effect in a particular 
calendar year, 
 
(a)  the rate of customs duty applicable  to the goods after the order ceases to 
have effect and until 31 December of that  year is the rate that would have 
been applicable one year after the making of the order, as reduced in 
accordance with section 46; and 
 (b)  the rate of customs duty applicable to the goods beginning on 1 January 
of the following year is the rate specified by the Minister under 
subsection (7). 
Specification of 
applicable rates (7) For the purposes of subsection (6), th e Minister shall, by order, specify 
that the rate referred to in paragraph (6)( b) is 
 
(a)  the rate of customs duty that would have been applicable on 1 January of 
the year following the year in which th e order ceases to have effect if the 
rate of customs duty had been re duced in accordance with section 46, 
reduced to "Free" in accord ance with that section; or 
 (b)  the rate of customs duty that would have been applicable one year after 
the making of the order, reduced to "Free" in equal annual stages 
beginning on 1 January of the year following the year in which the order ceases to have effect and ending on the day on which the rate of customs 
duty for the goods would otherwise be reduced to "Free" in accordance 
with section 46. 
Further orders (8) An order under subsection (1) may not be made more than once during the 
period beginning on 5 July 1997 and ending on 4 July 2003 in respect of goods of 
a particular kind. 
 
Bilateral Emergency Measures for Tex tile and Apparel Goods Imported from 
Costa Rica 
Order by 
Governor in 
Council 76.1 (1) If it appears to the satisfaction of the Governor in Council, on the 
basis of a report of the Minister further to a complaint under subsection 23(1.08) 
of the Canadian International Trade Tribunal Act or as a result of an inquiry 
made by the Canadian Internationa l Trade Tribunal under subparagraph 
26(1)( a)(i.8) of that Act, that textile and apparel goods set out in  G/SG/N/1/CAN/3 
 Page 115 
 
 
 Appendix III.1.1.1 of Annex III.1 of the Canada--Costa Rica Free Trade 
Agreement and entitled to the Costa Rica Tariff are being imported in such increased quantities, in absolute terms or  relative to the domestic market for the 
goods, and under such conditions as to cause se rious damage or an actual threat of 
serious damage to domestic producers of  like or directly competitive goods, the 
Governor in Council may, on the recommendation of the Minister, by order 
 
(a)  suspend any further reduction of any rate of customs duty in respect of 
the goods that would otherwise result under section 49.1; or 
 (b)  impose, in addition to any other duty imposed under this or any other Act 
of Parliament, a temporary duty on th e goods at a rate specified in the 
order. 
Limit on amount 
of temporary duty (2) A rate of temporary duty imposed under paragraph (1)( b) may not, when 
added to the rate of customs duty specified in the List of Tariff Provisions for the 
goods, exceed the lesser of 
 
(a)  the Most-Favoured-Nation Tariff rate  for the goods in effect when the 
order is made, and 
 
(b)  the Most-Favoured-Nation Tariff rate for the goods in effect on the 
coming into force of this subsection. 
Period (3) Subject to subsection (4), an orde r made under subsection (1) remains in 
effect for a period, not exceeding thr ee years, specified in the order. 
Duration of order (4) If an order is made under subsection (1) on the basis of a report of the 
Minister, the order ceases to have effect at the end of the one hundred and 
eightieth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian Inte rnational Trade Tribunal reports to the 
Governor in Council, on the basis of  an inquiry made under subparagraph 
26(1)( a)(i.8) of the Canadian International Trade Tribunal Act , that the goods 
described in the report of the Minister are being imported from the country named 
in the report under such conditions as to  cause or threaten serious damage to 
domestic producers of like or directly competitive goods. 
Extension of order (5) The Governor in Council may, on the recommendation of the Minister, by 
order, extend the period of an order made as a result of an inquiry of the Canadian 
International Trade Tribunal made under subparagraph 26(1)( a)(i.8) of the 
Canadian International Trade Tribunal Act or an order that remains in effect by 
virtue of subsection (4) on the basis of a report of that Tribunal, but the total 
period of the order may not exceed three years. 
Rate of duty after 
order ceases to 
have effect (6) If an order made under subsection (1) ceases to have effect in a particular 
calendar year, 
 
(a)  the rate of customs duty applicable  to the goods after the order ceases to 
have effect and until 31 December of that  year is the rate that would have 
been applicable one year after the making of the order, as reduced in 
accordance with section 49.1; and 
 G/SG/N/1/CAN/3 
Page 116  
 
 (b)  the rate of customs duty applicable to the goods beginning on 1 January 
of the following year is the rate specified by the Minister under subsection (7). 
Specification of 
applicable rates (7) For the purposes of subsection (6), th e Minister shall, by order, specify 
that the rate referred to in paragraph (6)( b) is 
 
(a)  the rate of customs duty that would have been applicable on 1 January of 
the year following the year in which th e order ceases to have effect if the 
rate of customs duty had been redu ced in accordance with section 49.1, 
reduced to "Free" in accord ance with that section; or 
 
(b)  the rate of customs duty that would have been applicable one year after 
the making of the order, reduced to "Free" in equal annual stages beginning on 1 January of the year following the year in which the order 
ceases to have effect and ending on the day on which the rate of customs 
duty for the goods would otherwise be reduced to "Free" in accordance with section 49.1. 
Further orders (8) An order under subsection (1) may not be made more than once during the 
period beginning on the coming into force of this subsection and ending on the date that is seven years after the coming into force of this subsection in respect of 
goods of a particular kind. 
2001, c. 28, s. 39. 
 
Measures Relating to Television Picture Tubes 
Order increasing 
duty on certain 
cathode-ray 
television picture 
tubes 77. (1) For the purposes of giving effect to Annex 308.2 of Chapter Three of 
the North American Free Trade Agreement, notwithstanding any other provision 
of this Act imposing customs duties, the Minister may, by order, amend the 
schedule to specify a rate of customs dut y for goods described in that Annex, 
which may not exceed the rate provided for in subsection 45(2) or paragraph 
45(9)( c), as the case may be. 
Duration of 
application (2) This section ceases to have effect on 31 December 2002. 
 
Safeguard Measures in Respect of China 
Definitions 77.1 (1) The following definitions apply in this section and in sections 77.2 to 
77.8. 
"market 
disruption" « désorganisation 
du marché  » "market disruption" means a rapid increase in the importation of goods that are 
like or directly competitive with goods produced by a domestic industry, in 
absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material 
injury, to the domestic industry. 
"significant 
cause" « cause 
importante  » "significant cause" means, in respect of a material injury or threat thereof, an 
important cause that need not be as important as, or more important than, any 
other cause of the material injury or threat.  G/SG/N/1/CAN/3 
 Page 117 
 
 
 Surtax -- market 
disruption (2) Subject to section 77.2, if at any time it appears to the satisfaction of the 
Governor in Council, on the basis of a report of the Minister or of an inquiry made by the Canadian International Tr ade Tribunal under section 30.21 or 30.22 
of the Canadian International Trade Tribunal Act , that goods originating in the 
People's Republic of China are being imported in such increased quantities or under such conditions as to cause or thr eaten to cause market disruption to 
domestic producers of like or directly co mpetitive goods, the Governor in Council 
may, on the recommendation of the Minister, by order, make any such goods, 
when imported into Canada or a region or part of Canada spec ified in the order 
during the period that the order is in effect, subject to a surtax 
 
(a)  at a rate specified in the order; or 
 (b)  at a rate specified in the order that varies from time to time as the quantity 
of those goods imported into Canada or that region or part of Canada 
during a period specified in the order equals or exceeds quantities specified in the order. 
Maximum rate (3) The rate specified under subsection (2 ) may not exceed the rate that in the 
opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods. 
Minister's report (4) A report of the Minister referred to in subsection (2) may be made only if 
there are, in the opinion of the Minister, critical circumstances. 
Inquiry (5) If an order is made under subsection (2) on the basis of a report of the 
Minister, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribunal fo r an inquiry under subsection 30.21(1) of 
the Canadian International Trade Tribunal Act . 
2002, c. 19, s. 7. 
Period and repeal 77.2 (1) An order made under subsection 77.1(2) 
 
(a)  subject to section 77.3, has effect for a period specified in the order; and 
 
(b)  may be amended or repealed at any time by the Governor in Council on 
the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both 
Houses of Parliament under section 77.4. 
Cessation (2) If an order is made under subsection 77. 1(2) on the basis of a report of the 
Minister, the order ceases to have effect at the end of the two hundredth day after 
the day on which the order is made unless, before the order so ceases to have 
effect, the Canadian International Trad e Tribunal reports to the Governor in 
Council, on the basis of an inquiry made under section 30.21 or 30.22 of the 
Canadian International Trade Tribunal Act , that the goods described in the report 
of the Minister 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. 2002, c. 19, s. 7. 
  G/SG/N/1/CAN/3 
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 Extension order 77.3 (1) If, at any time before the expiry of an order with respect to any goods 
made under this subsection or subsection 77 .1(2) or under subsection 5.4(2) or (4) 
of the Export and Import Permits Act , it appears to the satisfaction of the 
Governor in Council, as a result of an inqui ry made by the Canadian International 
Trade Tribunal under subsection 30.25(7) of the Canadian International Trade 
Tribunal Act , that an order continues to be n ecessary to prevent or remedy market 
disruption to domestic producers of like or directly competitive goods, the 
Governor in Council may, on the recommendation of the Minister, make an 
extension order imposing a surtax on any goods specified in the previous order. 
Scope and rate (2) If an extension order is  made under subsection (1), 
 
(a)  the extension order applies to goods  imported into Canada, or any region 
or part of Canada, specified in the order during the period that the order is in effect; and 
 
(b)  the rate of the surtax imposed by  the extension order must, subject to 
subsection (3), 
 
(i)  be at a rate specified in the extension order, or  
(ii)  
be at a rate specified in the extension order that varies from time to 
time as the quantity of those goods imported into Canada or that 
region or part of Canada during a period specified in the order equals 
or exceeds totals specified in the order. 
Maximum rate (3) The rate specified in the extension order may not exceed the rate that in 
the opinion of the Governor in Council is sufficient to prevent or remedy market 
disruption to domestic producers of like or directly competitive goods. 
Period and repeal 
of extension orders (4) Every extension order made under subsection (1) 
 
(a)  remains in effect, subject to this sec tion, for the period that is specified in 
the order; and 
 
(b)  may, notwithstanding any other provision of this section, be amended or 
repealed at any time by the Governor in Council on the recommendation 
of the Minister unless, before that time, a resolution directing that the 
order cease to have effect has been adopted by both Houses of Parliament 
under section 77.4. 
2002, c. 19, s. 7. 
Resolution of 
Parliament of 
cessation 77.4 Notwithstanding sections 77.1 to 77.3 and 77.5 to 77.8, if a resolution 
directing that an order made under subsec tion 77.1(2), 77.3(1) or 77.6(2) cease to 
have effect is adopted by both Houses of Parliament, the order ceases to have 
effect on the day that the resolution is adopted or, if the adopted resolution 
specifies a day on which the order ceases to have effect, on that specified day. 
2002, c. 19, s. 7. 
Notice in Canada 
Gazette  77.5 If an order made under 
 
  G/SG/N/1/CAN/3 
 Page 119 
 
 
 (a)  subsection 77.1(2) remains in effect  by reason of subsection 77.2(2), or 
 (b)  subsection 77.1(2), 77.3(1)  or 77.6(2) ceases to have effect by reason of a 
resolution of both Houses of Parliament, 
 
the Minister shall cause a notice to that effect to be published in the Canada 
Gazette . 
2002, c. 19, s. 7. 
Definitions 77.6 (1) The following definitions apply in this section. 
"action" 
« mesure  » "action" means 
 
(a) any action, including a provisional action, taken 
 
 (i)  by the People's Republic of China to prevent or remedy market 
disruption in a WTO Member other than Canada, or 
  (ii)  
by a WTO Member other than Canada to withdraw concessions under 
the World Trade Organization Agreement or otherwise to limit 
imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the 
People's Republic of China; or 
 
(b)  any combination of actions  referred to in paragraph ( a). 
"WTO Member" 
« membre de 
l'OMC  » "WTO Member" means a Member of the World Trade Organization established 
by Article I of the Agreement Establishing the World Trade Organization, 
signed at Marrakesh on 15 April 1994. 
Surtax -- trade 
diversion (2) If at any time it app ears to the satisfaction of the Governor in Council, on 
the basis of an inquiry made by the Canadian International Trade Tribunal under 
section 30.21 or 30.23 of the Canadian International Trade Tribunal Act , that an 
action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the G overnor in Council may, on the 
recommendation of the Minister, by order,  make any goods originating in the 
People's Republic of China, when importe d into Canada or a region or part of 
Canada specified in the order during the pe riod that the order is in effect, subject 
to a surtax 
 
(a)  at a rate specified in the order; or 
 
(b)  at a rate specified in the order that varies from time to time as the quantity 
of those goods imported into Canada or that region or part of Canada 
during a period specified in the order equals or exceeds quantities specified in the order. 
Maximum rate (3) The rate specified under subsection (2 ) may not exceed the rate that in the 
opinion of the Governor in Council is suffi cient to prevent or remedy diversion of 
trade into the domestic market in Canada. 
Amendment or 
repeal (4) An order made under subsection (2) may be amended or repealed at any 
time by the Governor in Council on the recommendation of the Minister unless, G/SG/N/1/CAN/3 
Page 120  
 
 before that time, a resolution directing that the order cease to have effect has been 
adopted by both Houses of Parliament under section 77.4. 2002, c. 19, s. 7. 
Regulations 77.7 The Governor in Council may make  regulations for carrying out the 
purposes of sections 77.1 to 77.6 and may, by order, suspend a surtax or rate in 
whole or in part from application to any goods or any class of goods. 
2002, c. 19, s. 7. 
 
Decision of 
Governor in 
Council final  
77.8 The decision of the Governor in Council is final on any question that 
may arise regarding the application of the surtax or rate imposed under sections 77.1 to 77.6. 
2002, c. 19, s. 7. 
Expiry date 77.9 Sections 77.1 to 77.8 cease to have effect on 11 December 2013. 
2002, c. 19, s. 7. 
 
Surtaxes 
Surtax 78. (1) If at any time it appears to the sa tisfaction of the Governor in Council, 
on a report of the Minister, that Canada 's external financial position and its 
balance of payments are such as to requ ire special measures respecting Canadian 
imports, the Governor in Council may, by order, subject goods that originate in a country or that are entitled to any tariff  treatment under regulations made under 
section 16, or any class of such goods, to a surtax that is in addition to the duties 
imposed under this Act. 
Amount of surtax (2) A surtax referred to in subsection (1) may differ in amount for different 
goods or classes of goods. 
Order ceases to 
have effect unless approved by 
Parliament (3) An order the period of which is long er than 180 days ceases to have effect 
on the one hundred and eightieth day after it is  made if Parliament is then sitting 
or, if Parliament is not then sitting, at the end of the fifteenth sitting day of the 
next sitting of Parliament, unless before that day the order is approved by a 
resolution adopted by both Houses of Parliament. 
Meaning of 
"sitting day" (4) For the purposes of subsection (3), a day on which either House of 
Parliament sits is deem ed to be a sitting day. 
 
Goods in Transit 
Goods in transit 79. An order made under subsection 53(2)  or 55(1), section 60 or subsection 
63(1), 69(2), 70(2), 71.1(2), 72(1), 75(1), 76(1) or 76.1(1) may provide that goods 
that are in transit to Canada at the time  the order comes into force are entitled to 
the tariff treatment that was applicable to those goods immediately before that 
time. 
1997, c. 36, s. 79; 2001, c. 28, s. 40. 
  
  G/SG/N/1/CAN/3 
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 PART 3 
DUTIES RELIEF 
 
Interpretation 
Definitions 80. The definitions in this section apply in this Part. 
"customs duties" 
« droits de 
douane  » "customs duties", other than for the purposes of sections 95 and 96, means 
customs duties imposed under Part 2, other than surtaxes imposed under 
section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1. 
"duties" « droits  » "duties", other than for the purposes of section 106, means duties or taxes levied 
or imposed on imported goods under Part 2, the Excise Act, 2001 , the Excise 
Tax Act , the Special Import Measures Act or any other Act of Parliament 
relating to customs, but for the purposes of sections 89 and 113 does not 
include the goods and services tax. 
"excise taxes" 
« taxes d'accise  » "excise taxes" means the taxes imposed under the Excise Tax Act  other than the 
goods and services tax. 
"goods and 
services tax" 
« taxe sur les 
produits et services  » "goods and services tax" means the tax imposed under Part IX of the Excise Tax 
Act. 
"process" 
« transformation  » "process", in respect of goods, includes the adjustment, alteration, assembly, 
manufacture, modification, produc tion or repair of the goods. 
1997, c. 36, s. 80; 2001, c. 28, s. 41; 2002, c. 19, ss. 8, 19, c. 22, s. 347. 
Part binds Her 
Majesty 81. This Part is binding on Her Majesty in right of Canada or of a province. 
 
DIVISION 1 
REDUCTION OF RATES OF CUSTOMS DUTY 
Amendment of 
List of Tariff Provisions and the 
"F" Staging List 82. (1) The Governor in Council may, on the recommendation of the Minister, 
by order, amend the List of Tariff Provisi ons and the "F" Staging List in respect 
of goods used in the production of othe r goods or the provision of services, 
subject to any conditions and for any peri od that may be set out in the order. 
Repeal or 
amendment (2) At any time before the expiration of an order made under subsection (1), 
the Governor in Council may, on the recommendation of the Minister, by 
subsequent order, repeal or amend the or der subject to any conditions and for any 
period that may be set out in the subsequent order. 
Maximum rate (3) A rate specified in an order made under subsection (1) or (2) may not 
exceed the rate of customs duty that would have been set out in the List of Tariff 
Provisions or in the "F" Staging List in respect of those goods if no order were made under this section. G/SG/N/1/CAN/3 
Page 122  
 
 Retroactivity (4) An order made under subsection (1) or (2) may, if it so provides, be 
retroactive and have effect in respect of a period before it is made, but no such order may have effect in respect of a period before this section comes into force. 
Exception (5) An order made under subsection (2) that increases a rate of customs duty 
may not have effect in respect of a period  before the date the order is published in 
the Canada Gazette . 
Regulations (6) The Governor in Council may, on the recommendation of the Minister, 
make regulations for carrying ou t the purposes of this section. 
 
DIVISION 2 
IMPORTATION WITHOUT FULL PAYMENT OF DUTIES 
 
Reduced Value for Duty 
Goods of heading 
No. 98.04 83. In the case of goods that are imported by a traveller, that are reported in 
accordance with regulations made under paragraph 133( f) prescribing conditions 
for the classification of goods under headi ng No. 98.04 and that, but for the fact 
that their value for duty as determined under section 46 of the Customs Act
exceeds the maximum value specified under tariff item No. 9804.10.00, 9804.20.00 or 9804.30. 00, would be classified under one of those tariff items, 
 
(a)  in the case of goods that would have  been classified under tariff item No. 
9804.10.00 or 9804.20.00, the value for duty of the goods shall be 
reduced by an amount equal to that maximum specified value and, in the 
case of alcoholic beverages and t obacco, the quantity of those goods 
shall, for the purposes of assessing du ties other than a duty under section 
54 of the Excise Act, 2001 , be reduced by the quantity of alcoholic 
beverages and tobacco up to the maxi mum quantities specified in tariff 
item No. 9804.10.00 or 9804.20.00, as the case may be; 
 (b)  in the case of goods that would have  been classified under tariff item No. 
9804.30.00, 
 
(i)  the value for duty of the goods shall be reduced by an amount equal to 
the maximum value specified under tariff item No. 9804.10.00 or 
9804.20.00, as the case may be, and 
 
(ii)  the first $300 of the value for duty shall be assessed duties under tariff 
item No. 9804.30.00; and 
 
(c)  the goods shall be classified under ta riff items in any of Chapters 1 to 97 
and heading No. 98.26, as the case may be. 
1997, c. 36, s. 83; 2001, c. 16, s. 4; 2002, c. 22, s. 348. 
Goods of tariff 
item No. 
9805.00.00 84. Goods that, but for the fact that their value for duty as determined under 
section 46 of the Customs Act exceeds the value specifi ed under tariff item No. 
9805.00.00, would be classified under that  tariff item, shall be classified under 
Chapters 1 to 97 and their value for dut y reduced by that specified value.  G/SG/N/1/CAN/3 
 Page 123 
 
 
 Goods of tariff 
item No. 
9816.00.00 85. Goods that, but for the fact that their value for duty as determined under 
section 46 of the Customs Act exceeds the value specifi ed under tariff item No. 
9816.00.00, would be classified under that  tariff item, shall be classified under 
Chapters 1 to 97 and their value for dut y reduced by that specified value. 
Regulations 86. The Governor in Council may, on the recommendation of the Minister, 
make regulations respecting the conditions under which, or circumstances in 
which, sections 83 to 85 apply. 
Goods of tariff 
item No. 9971.00.00 87. (1) Notwithstanding subsection 20(2), the value for duty of goods of tariff 
item No. 9971.00.00 
 
(a)  that are entitled to the Mexico Tariff is the value of the repairs or 
alterations made to those goods in Mexico; and 
 (b)  that are entitled to the Mexico--United States Tariff is the value of the 
repairs or alterations made to those goods in one or more NAFTA 
countries. 
Limitation (2) Subsection (1) ceases to have effect on 31 December 2002. 
 
Ethno-cultural Groups 
Goods of tariff 
item No. 
9937.00.00 88. A group desiring to be recognized as an ethno-cultural group for the 
purposes of tariff item No. 9937.00.00 shall s ubmit an application to the Minister 
of National Revenue supported by evidence that the group satisfies the criteria set 
out in that tariff item. 
 
Duty Deferral 
Relief 89. (1) Subject to subsection (2), secti on 95 and any regul ations made under 
section 99, if an application for relief is  made within the prescribed time, in 
accordance with subsection (4), by a pers on of a prescribed class, relief may be 
granted from the payment of duties that would but for this section be payable in respect of imported goods that are 
 
(a)  released and subsequently exported in the same condition in which they 
were imported; 
 
(b)  released, processed in Canada and subsequently exported; 
 
(c)  released and directly consumed or  expended in the processing in Canada 
of goods that are subsequently exported; 
 
(d)  released, if the same quantity of do mestic or imported goods of the same 
class is processed in Canada a nd subsequently exported; or 
 
  G/SG/N/1/CAN/3 
Page 124  
 
 (e)  released, if the same quantity of do mestic or imported goods of the same 
class is directly consumed or expe nded in the processing in Canada of 
goods that are subsequently exported. 
Exception for 
tobacco products 
or designated goods (2) Relief of the duties or taxes levied or imposed under sections 21.1 to 21.3, 
the Excise Act, 2001  or the Excise Tax Act may not be granted under subsection 
(1) on tobacco products  or designated goods. 
Deemed 
exportation (3) For the purposes of subsection (1), goods are deemed to have been 
exported if they are 
 
(a)  designated as ships' stores by regulations made under paragraph 99( g) and 
supplied for use on board a conveyance of a class prescribed under that 
paragraph; 
(b)  used for the equipment, repair or r econstruction of ships or aircraft of a 
class prescribed under paragraph 99( d); 
 
(c)  delivered to a telegraph cable ship of a class prescribed under 
paragraph 99( d); 
 
(d)  supplied for exportation to a departme nt or agency of, or a corporation 
owned, controlled or operated by, th e Government of Canada or the 
government of a province, that is d esignated by the Minister of National 
Revenue; 
 (e)  placed in a bonded warehouse or duty free shop for exportation, or placed 
in a bonded warehouse for use in accordance with paragraph ( a) or ( c); 
 
(f)  transferred from a person who has been issued a certificate under section 
90 to another person who has been issued such a certificate; or 
 
(g)  used or destined for use in  any other prescribed manner. 
Application (4) An application for relief under subsection (1) must be in a form and 
contain information satisfactory to the Minister of National Revenue. 
1997, c. 36, s. 89; 2002, c. 22, s. 349. 
Certificate 90. (1) Subject to regulations made under paragraph 99( e), the Minister of 
National Revenue may issue a numbered certificate to a person of a prescribed 
class referred to in section 89. 
Amendment, 
suspension, etc., 
of certificate (2) The Minister of National Revenue ma y, subject to regulations made under 
paragraph 99( e), amend, suspend, renew, cancel or reinstate a certificate issued 
under subsection (1). 
Release of goods (3) Goods in respect of which relie f is granted under section 89 may be 
released without payment of the duties relieved under that section if the number 
of the certificate issued under subsection (1) is disclosed when the goods are 
accounted for under section 32 of the Customs Act and the certificate is in force at 
that time. 
   G/SG/N/1/CAN/3 
 Page 125 
 
 
 Minister may 
issue licence for 
operation of bonded warehouse 91. (1) If the Minister of National Re venue considers it advisable, that 
Minister may issue a licence for the operation of any place as a bonded warehouse to a person who meets the qualifications prescribed by regulations made under 
subparagraph 99( f)(i) and any requirements or conditions set out in this Act, the 
Customs Act  and the regulations under both Acts respecting the operation of that 
place. 
Licence restriction (2) Subject to regulations made under paragraph 99( f), the Minister of 
National Revenue may impose in a licence issued under subsection (1) any 
restriction as to the classes of goods that may be received, or the circumstances 
under which goods may be received, in the bonded warehouse. 
Amendment of 
licence (3) The Minister of National Revenue ma y, subject to regulations made under 
paragraph 99( f), amend, suspend, renew, cancel or reinstate a licence issued under 
subsection (1). 
Security (4) A person to whom a licence is issued under subsection (1) shall, at the 
request of the Minister of National Revenue, provide security, of a type and in 
accordance with the conditions that may be prescribed, in an amount satisfactory 
to that Minister. 
Duties not payable 
in respect of 
goods in bonded warehouse 92. (1) Subject to section 31 of the Customs Act and to any regulations made 
under paragraph 99( f) or section 100, if a bonded warehouse licence has been 
issued under section 91, duties imposed on goods that are delivered to the bonded 
warehouse are not payable until the goods are removed from the bonded 
warehouse. 
Relief on goods 
removed from 
bonded warehouse (2) Relief shall be granted from the payment of duties that, but for this 
section, would be payable in respect  of goods removed from a bonded warehouse 
that are 
 
(a)  subject to section 95, exported directly from the bonded warehouse; or 
 
(b)  designated as ships' stores by  regulations made under paragraph 99( g), 
supplied for use on board a conveyance of a class prescribed by regulations under that paragraph and exported. 
Non-application 
to Canadian 
manufactured tobacco (3) This section does not apply to any duty imposed under the Excise Act, 
2001  in respect of manufactured tobacco that is manufactured in Canada. 
1997, c. 36, s. 92; 2001, c. 16, s. 5; 2002, c. 22, s. 350. 
Submission of 
evidence 93. If relief has been granted under section 89 or 92, the Minister of National 
Revenue may require the submission of evidence satisfactory to that Minister for 
the purpose of administering section 95. 
Definition of 
"customs duties" 94. (1) In sections 95 and 96, "customs duties" means customs duties imposed 
under Part 2, other than 
 
(a)  additional customs duties levied under sections 21.1 to 21.3; 
 
(b)  surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; 
or G/SG/N/1/CAN/3 
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(c)  temporary duties imposed under any of sections 69 to 76.1. 
For greater 
certainty (2) For greater certainty, in sections 95 and 96, "customs duties" does not 
include any duties or taxes levied or imposed on imported goods under the Excise 
Act, 2001 , the Excise Tax Act  or the Special Import Measures Act . 
1997, c. 36, s. 94; 2001, c. 28, s. 42; 2002, c. 19, ss. 9, 21, c. 22, s. 351. 
Repayment of 
relief 95. (1) If relief is granted under section 89 or 92 in respect of goods that are 
subsequently exported to a NAFTA count ry on or after the effective date 
determined under subsection (3), 
 
(a)  the person who exported the goods shall, within 60 days after exporting 
the goods, report the exportation in the prescribed manner to an officer at 
a customs office and pay the portion of the duties relieved under that section that are customs duties; and 
 
(b)  subject to subsections (4) to (6), notwithstanding any other provision of 
this Part, the person who exported the goods and any other person who 
was granted the relief are, from the ti me of exporting the goods, jointly 
and severally or solidarily liable to pay to Her Majesty in right of Canada the portion of the duties relieved under that section that are customs 
duties. 
Debt to Her 
Majesty (2) An amount referred to in subsection (1), while it remains unpaid, is 
deemed to be a debt owing to Her Majesty in right of Canada under the Customs 
Act. 
Effective date (3) For the purposes of sub section (1), the effective date for the exportation of 
goods to a NAFTA country is 
 
(a)  in respect of exports to the United States or Mexico of goods referred to 
in paragraph 8 of Article 303 of the North American Free Trade 
Agreement, 1 January 1994; 
 
(b)  in respect of other exports to the United States, 1 January 1996; 
 (c)  in respect of other exports to Mexico, 1 January 2001; and 
 
(d)  in respect of exports to any other NAFTA country, the date fixed by order 
of the Governor in Council on the recommendation of the Minister. 
Reduction of 
amount repayable (4) The amount of the customs duties levi ed under subsection (1) in respect of 
goods other than goods referred to in pa ragraph 8 of Article 303 of the North 
American Free Trade Agreement shall be reduced in accordance with subsection 
(5) if, within 60 days after the goods are exported, evidence satisfactory to the 
Minister of National Revenue is submitted to that Minister that customs duties in 
respect of the exportation of the goods ha ve been paid to the government of a 
NAFTA country other than Canada. 
Amount of 
reduction (5) Subject to subsection (4), the amount of customs duties levied under 
subsection (1) shall be reduced by the amount of customs duties paid to the 
government of the NAFTA country or, if th at amount is equal to or greater than  G/SG/N/1/CAN/3 
 Page 127 
 
 
 the amount of the customs duties levied, the amount levied shall be reduced to 
zero. 
Exceptions (6) Subsection (1) and sections 96 to 98 do not apply in respect of 
 
(a)  imported goods that originate in a NAFTA country that are 
 
(i)  subsequently exported to a NAFTA country,  
(ii)  used as materials in the production of goods that are subsequently 
exported to a NAFTA country, or 
 
(iii)  substituted by identical or si milar goods used as materials in the 
production of other goods that ar e subsequently exported to a 
NAFTA country; 
 
(b)  imported orange or grapefruit concentrates used in the manufacture or 
production of orange or grapefruit prod ucts of heading No. 20.09 that are 
exported to the United States; 
 (c)  imported goods used as materials to make apparel that is exported to the 
United States and subject to the Most-Favoured-Nation Tariff in 
accordance with the laws of that country, or imported goods substituted 
by identical or similar goods used as materials to make such apparel; 
 (d)  imported goods used as materials in the production of, or for which 
identical or similar goods are substituted and used as materials in the 
production of, quilted cotton piece goods and quilted man-made piece goods provided for under subheading No. 5811.00 and furniture moving 
pads provided for under subheading No. 6307.90, that are exported to the 
United States and subject to the Most-Favoured-Nation Tariff in accordance with the laws of that country; 
 
(e)  imported goods that are subsequent ly exported in the condition in which 
they were imported; 
 
(f)  imported goods referred to in subsec tion 89(1) that are deemed to have 
been exported by reason of their having been 
 
(i)  placed in a duty free shop for exportation, 
 
(ii)  designated as ships' stores by regulations made under paragraph 
99(g), 
 
(iii)  supplied for use on board a conveyance of a class prescribed by 
regulations made under paragraph 99( g), or 
 
  
 
 
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 (iv)  used or destined for use, in such other manner as may be prescribed, 
solely and exclusively in conjunction with a project undertaken jointly 
by the Government of Canada and the government of a NAFTA 
country, or with a project in Cana da undertaken by the government of 
the NAFTA country and destined to become the property of the government of the NAFTA country; and 
 
(g)  such other imported goods or any im ported goods used as materials, or 
any class of such goods, as may, on the recommendation of the Minister, 
be prescribed by the Governor in Council on the basis of an agreement 
between the Government of Canada  and the government of a NAFTA 
country relating to the application of this subsection. 
Definition of 
"identical or 
similar goods" 
and "used" (7) In this section, "identical or sim ilar goods" and "used" have the meanings 
assigned to those expressions by para graph 9 of Article 303 of the North 
American Free Trade Agreement. 
Definition of 
"materials" (8) In this section, "materials" means goods that are used in the processing of 
other goods, and includes parts or ingredients. 
Maximum 
drawback 96. (1) Subject to subsection 95(6), a drawback, granted under section 113, of 
customs duties paid in respect of imported goods that are or were exported to the 
United States on or after 1 January 1996, that are exported to Mexico on or after 1 January 2001, or that are exported to any other NAFTA country on or after a 
date fixed by order of the Governor in Council, may not exceed the lesser of 
 
(a)  the amount of customs duties paid or owed in respect of the imported 
goods at the time of importation, and 
 
(b)  the amount of customs duties paid to the NAFTA country to which the 
imported goods were s ubsequently exported. 
No drawback on 
certain goods (2) No drawback of customs duties paid  in respect of goods referred to in 
paragraph 8 of Article 303 of the Nort h American Free Trade Agreement may be 
granted under section 113. 
No relief or 
drawback of SIMA duties 97. Subject to subsection 95(6), relief may not be granted under section 89 or 
92 and a drawback may not be granted unde r section 113 of duties paid under the 
Special Import Measures Act on imported goods that are or  were exported to the 
United States on or after 1 January 1996, that are exported to Mexico on or after 
1 January 2001 or that are exported to any other NAFTA country on or after a 
date fixed by order of the Governor in Council. 
Exports to 
NAFTA country 98. (1) Subject to subsection 95(6), if relief or a drawback of duties levied 
under the Special Import Measures Act has been granted in respect of imported 
goods and the goods are or were exporte d to the United States on or after 
1 January 1996, to Mexico on or after 1 January 2001 or to any other NAFTA 
country on or after a date fixed by order of the Governor in Council and, at the 
time the goods are exported, the relief or drawback could not be granted because 
of section 97, 
 
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 (a)  the person who exported the goods shall, within 60 days after exporting 
the goods, report the exportation in the prescribed manner to an officer at a customs office and pay the amount of the duties levied under that Act 
that were relieved or on which a drawback was granted; and 
 
(b)  notwithstanding any other provision of this Part, any person who exported 
the goods or who was granted the relie f or drawback is, from the time of 
exporting the goods, jointly and severally or solidarily liable to pay to Her 
Majesty in right of Canada the amount of the duties levied under that Act 
that were relieved or on which a drawback was granted. 
Debt to Her 
Majesty (2) An amount referred to in subsection (1), while it remains unpaid, is 
deemed to be a debt owing to Her Majesty in right of Canada under the Customs 
Act. 
Regulations 99. The Governor in Council may, on the recommendation of the Minister of 
National Revenue, make regulations 
 
(a)  prescribing, for the purposes of section 89, 
 
(i)  classes of persons who may apply for relief,  
(ii)  classes of goods for which, and the circumstances and conditions 
under which, relief may not be granted, 
 
(iii)  the circumstances in which, a nd the classes of goods in respect of 
which, relief of duties levied under sections 21.1 to 21.3 or under 
the Special Import Measures Act , a surtax imposed under section 53, 
55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76.1, a tax levied under the 
Excise Tax 
Act or a duty imposed under the Excise Act, 2001  may not be 
granted, 
 
(iv)  the period after the release of the goods within which those goods or 
the goods processed in Canada must be exported, and 
 
(v)  the portion of duties otherwise payable that may be relieved; 
 
(b)  prescribing, for the purposes of paragraph 89(1)( a), the uses to which 
goods may be put or operations that  goods may undergo after which the 
goods are considered to be in the same condition; 
 
(c)  prescribing, for the purposes of paragraphs 89(1)( d) and ( e), goods that 
are to be considered to be of the same class; 
 
(d)  prescribing, 
 
(i)  for the purposes of paragraph 89(3)( b), classes of ships or aircraft, and
 (ii)  for the purposes of paragraph 89(3)( c), classes of telegraph cable 
ships; 
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 (e)  prescribing, for the purposes of section 90, the circumstances and 
conditions in which a certificate may be issued, amended, suspended, renewed, cancelled or reinstated; 
 
(f)  for the purposes of section 91, 
 
(i)  prescribing qualifications that must be met by an operator of a 
bonded warehouse, 
 
(ii)  prescribing the conditions under which a licence for the operation of 
a bonded warehouse may be issued, including the security that may 
be required of an operator of a bonded warehouse in order to be 
granted a licence, the duration of such a licence and the fees or the manner of determining any fees to be paid for such a licence, 
 
(iii)  prescribing the form, nature a nd conditions of any required security, 
 
(iv)  prescribing the circumstances under which a licence for the 
operation of a bonded warehouse may be amended, suspended, renewed, cancelled or reinstated, 
 
(v)  establishing standards for the operation and maintenance of the 
facilities of a bonded warehouse, 
  
(vi)  prescribing the manner of acknowledging receipt of goods in a
bonded warehouse, 
 
(vii)  prescribing facilities, equipment and personnel that must be 
provided at a bonded warehouse, 
 
(viii)  regulating the transfer of ownership of goods in a bonded 
warehouse, 
 
(ix)  prescribing restrictions as to the classes of goods that may be 
received in a bonded warehouse, 
 
(x)  prescribing circumstances in which goods shall not be received in a 
bonded warehouse, 
 
(xi)  prescribing the period within wh ich goods that have been delivered 
to a bonded warehouse shall be removed, 
 
(xii)  prescribing classes of goods that may be forfeited if they are not 
removed from a bonded warehouse within the prescribed period, and
 
(xiii)  otherwise regulating the operation of a bonded warehouse;  
(g)  designating certain classes of goods as ships' stores for use on board a 
conveyance of a prescribed class, including a class based on 
 
(i)  the physical attributes, functions or legal descriptions of conveyances, G/SG/N/1/CAN/3 
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(ii)  areas within which conveyances voyage,  
(iii)  requirements, or limitations, related to voyages of conveyances, or 
 
(iv)  any combination of the bases mentioned in subparagraphs (i) to (iii); 
 
(g.1) limiting the quantity of goods referred to in paragraph ( g) that may be 
used as described in that paragraph during any prescribed period or periods; 
 (h) regulating or prohibiting the delivery to conveyances of goods designated 
as ships' stores; 
 (i) regulating or prohibiting the transfer from one conveyance to another of 
goods designated as ships' stores; and 
 (j) prescribing anything required to be prescribed by the Governor in Council 
under sections 89 to 94 and 96 to 98. 
1997, c. 36, s. 99; 2001, c. 28, s. 43; 2002, c. 19, ss. 10, 23, c. 22, ss. 352, 424. 
Regulations 100. The Governor in Council may, on the recommendation of the Minister 
and the Minister of National Revenue , make regulations prescribing the 
circumstances under which and the extent  to which goods may be manipulated, 
unpacked, packed, altered or combined with other goods while in a bonded 
warehouse. 
 
Canadian Goods Abroad 
Relief for 
Canadian goods 
abroad 101. (1) Subject to section 104, if an application is made in accordance with 
section 102, relief shall be granted in accordance with section 105 from payment of the portion of the duties that, but for this section, would be payable in respect 
of goods returned to Canada within one  year or such other time as may be 
prescribed after their exportation in the prescribed manner if 
 
(a)  the goods were repaired outside Canada after being exported for the 
declared purpose of being repaired; 
 
(b)  equipment was added to the goods outside Canada; or 
 
(c)  the goods were the product of Cana da and work was done outside Canada 
on the goods. 
Emergency 
repairs (2) Subject to section 104, if an ap plication is made in accordance with 
section 102, relief shall be granted from the payment of the whole of the duties 
that, but for this section, would be payable in respect of aircraft, vehicles or vessels returned to Canada after their exportation if 
 
(a)  the aircraft, vehicles or vessels were repaired outside Canada as a result 
of an unforeseen contingency that  occurred outside Canada; and 
 
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 (b)  the repairs were necessary to ensu re the safe return to Canada of the 
aircraft, vehicles or vessels. 
Regulations (3) The Governor in Council may make regulations 
 
(a)  on the recommendation of the Minister, prescribing the manner for 
determining what goods are considered to be a product of Canada for the 
purposes of subsection (1); and 
 
(b)  on the recommendation of the Minister of National Revenue, defining the 
words "aircraft", "vehicles" and "v essels" for the purposes of subsection 
(2). 
Application 102. An application for relief under section 101 must be 
 
(a)  accompanied by evidence satisfactory to the Minister of National 
Revenue that the goods were exported and 
 
(i)  in respect of goods referred to in paragraph 101(1)( a), repairs could 
not have been made in Canada at the place the goods were located 
before their exportation or within a reasonable distance of that place, 
 
(ii)  in respect of equipment referred to in paragraph 101(1)( b), the 
equipment added could not practicably  have been added in Canada, or
 
(iii)  in respect of goods re ferred to in paragraph 101(1)( c), it would not 
have been practicable to do the work in Canada; or 
(b)  if the application is made under s ubsection 101(2), made in the prescribed 
form and manner, with the prescribed  information, at the time of the 
return to Canada of the goods in resp ect of which the application is made.
Release of 
returned goods 103. Subject to section 104, goods in r espect of which relief is granted under 
section 101 before they are released may be released without any payment of 
duties. 
Conditions for 
relief 104. Relief shall be granted under section 101 in respect of goods that were 
returned to Canada after being exported only if 
 
(a)  relief, conditional on the exportati on of the goods, was not granted in 
respect of any duties paid or payable; or 
 
(b)  if an application for relief under s ubsection 101(1) is made, the portion of 
the duties, calculated in accordance with paragraph 105(1)( b), has been 
paid. 
Value for duty of 
work abroad 105. (1) For the purposes of subsection 101(1), the portion of the duties in 
respect of which relief is grante d under that subsection shall be 
 
(a)  the amount that, but for that subsection, would be payable in respect of 
the returned goods 
less 
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 (b)  the amount obtained by applying the rate that would, but for that 
subsection, be applied to dete rmine the duties under paragraph ( a) to the 
value of 
 
(i)  in respect of goods referred to in paragraph 101(1)( a), the repairs 
made outside Canada, 
 (ii)  in respect of equipment referred to in paragraph 101(1)( b), the 
equipment added and related wo rk done outside Canada, or 
 (iii)  in respect of goods re ferred to in paragraph 101(1)( c), the work done 
outside Canada. 
Regulations (2) For the purposes of subsection (1), the Governor in Council may, on the 
recommendation of the Minister of National Revenue, make regulations 
prescribing the method of determining the value of repairs made, equipment 
added and work done outside Canada. 
Temporary relief 
of certain duties and taxes 106. (1) If an application for relief is made  in the prescribed circumstances by 
a person of a prescribed class and in the prescribed form and manner, 
accompanied by prescribed documents and by  security of a prescribed nature in 
an amount fixed by the Minister of Nati onal Revenue, relief shall be granted from 
the payment of the whole or the prescribed portion, as the case may be, of any 
duty imposed under sections 21.1 to 21.3 or the Excise Act, 2001  or of any excise 
taxes that, but for this section, would be payable in respect of prescribed goods 
that are imported and subsequently exported  after being used in Canada only for a 
prescribed purpose. 
Release of goods (2) If relief is granted under subsection (1 ), the goods may be released without 
the payment of the relieved duty, duties or taxes. 
Conditions (3) Relief under subsection (1) is subject to prescribed conditions and to the 
importer of the goods establishing to the sa tisfaction of the Minister of National 
Revenue that the goods are exported within one  year after they are released or, if a 
period is prescribed, within the prescribed period after they are released. 
Extension of 
period (4) The Minister of National Revenue may, in respect of prescribed goods, 
extend the period of exportation by not more than six months if that Minister is 
satisfied that it is not practical or possible to export the goods within the period. 
Waiver (5) The Minister of National Reve nue may waive the requirement under 
subsection (1) to provide security. 1997, c. 36, s. 106; 2002, c. 22, s. 353. 
 
General 
Effect of relief 107. (1) Subject to section 95, if relief is granted under section 89, 92, 101 or 
106 from the payment of the whole or a portion of duties, 
 
(a)  no duties are payable, if the relief was from the payment of the whole; 
and 
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 (b)  the portion is not payable, if the relief was only from the payment of the 
portion. 
Effect of relief on 
duty paid value (2) Notwithstanding subsection (1), the amount of the customs duties payable 
on goods shall, for the purposes of determ ining the duty paid value of the goods, 
be determined as if relief had not been granted under section 89, 92, 101 or 106. 
Effect of relief on 
value under 
Excise Tax Act  (3) Notwithstanding subsection (1), the amount of customs duties payable on 
goods shall, for the purposes of determin ing the value of the goods under section 
215 of the Excise Tax Act , be determined as if relief had been granted under 
section 101 but had not been grante d under section 89,  92 or 106. 
Refund or 
cancellation of 
security 108. The Minister of National Revenue shall refund or cancel any security 
given 
 
(a)  in respect of the issuance of a li cence under section 91, when the licence 
is cancelled; 
 
(b)  in respect of goods that would have  been classified under tariff item No. 
9993.00.00 if they had met the conditions set out in that tariff item, when 
the goods are accounted for under section 32 of the Customs Act  and all 
duties payable in respect of the goods are paid; 
 
(c)  in respect of goods of tariff item No. 9993.00.00, when the goods are 
destroyed in the manner that the Minister of National Revenue directs or 
the destruction is certified by a customs officer or another person 
designated by that Minister; 
 
(d)  in respect of goods of any tariff ite m in respect of which security is 
required, other than goods of tariff item No. 9993.00.00, when the goods are exported in the manner and within the period referred to in the tariff 
item in respect of which security was given or within the period 
established or extended by the regulations; 
 
(e)  in respect of goods of tariff item No. 9993.00.00, when the goods are 
exported, destroyed, consumed or e xpended in the manner and within the 
period referred to in that tariff ite m or within the period established or 
extended by the regulations; and 
 
(f)  in respect of an application for relief under section 106, if 
 
(i)  the goods in respect of which the application was made are not 
exported within the period referred to  in subsection 106(3) or (4), as 
the case may be, the goods are accounted for under section 32 of the Customs Act , and all duties and taxes payable in respect of the goods 
are paid, 
 (ii)  the goods in respect of which the application was made are destroyed 
in the manner that the Minister of National Revenue directs, or 
  
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 (iii)  the goods in respect of which the application was made are exported 
within the period referred to in sub section 106(3) or (4), as the case 
may be. 
 
DIVISION 3 
OBSOLETE OR SURPLUS GOODS 
Definition of 
"obsolete or 
surplus goods" 109. In this Division, "obsolete or surplus goods" means goods that are 
 
(a)  found to be obsolete or surplus 
 
(i)  in the case of imported goods, by their importer or owner, or  
(ii)  in any other case, by their manufacturer, producer or owner; 
 
(b)  not used in Canada; 
 
(c)  destroyed in such manner as the Minister of National Revenue may 
direct; and 
 
(d)  not damaged before their destruction. 
Relief for obsolete 
or surplus goods 110. If an application is made in accordance with section 111, a refund shall 
be granted of 
 
(a)  all duties, other than the goods and services tax, paid in respect of 
imported obsolete or surplus goods; 
 
(b)  all duties, other than taxes imposed under the Excise Tax Act , paid in 
respect of imported goods processed in Canada, if the goods that result from the processing become obsolete or surplus goods; and 
 
(c)  all duties, other than taxes imposed under the Excise Tax Act , paid in 
respect of imported goods, other than fuel or plant equipment, that are 
directly consumed or expended in th e processing in Canada of goods that 
become obsolete or surplus goods. 
Application 111. An application under section 110 must be 
 
(a)  made in the prescribed form and ma nner, with the prescribed information,
 
(i)  if the obsolete or surplus goods were imported, by the importer or 
owner of those goods, or 
 
(ii)  in any other case, by the manuf acturer, producer or owner of the 
obsolete or surplus goods; 
 
(b)  accompanied by a waiver referred to in section 119, if applicable, and by 
the prescribed documents; and 
 
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 (c)  made within five years, or such other time as may be prescribed, after the 
goods in respect of which it is made are released. 
Regulations 112. The Governor in Council may, on the recommendation of the Minister of 
National Revenue, make regulations prescr ibing documents that must accompany 
an application under section 110 and the peri od within which such an application 
must be made. 
 
DIVISION 4 
ADDITIONAL RELIEF 
Refund or 
drawback 113. (1) Subject to subsection (2), sec tion 96 and any regulations made under 
subsection (4), a refund or drawback shall be granted of all or a portion of duties 
if 
 
(a)  relief or a refund of all or a portion of the duties could have been, but was 
not, granted under section 89 or 101; 
 
(b)  all or a portion of the duties was paid; and 
 
(c)  an application is made in accordan ce with subsection (3) and section 119. 
No refund or 
drawback in 
respect of tobacco 
products (2) No refund or drawback of the duties imposed on tobacco products under 
the Excise Act, 2001 shall be granted under subsection (1), except if a refund of 
the whole or the portion of the duties is required to be granted under Division 3. 
Application (3) For the purposes of subsection (1), an application must 
 
(a)  be supported by such evidence as the Minister of National Revenue may 
require; 
 (b)  
be made by a prescribed person or by a person belonging to a prescribed 
class of persons; 
 
(c)  be made in the prescribed form and manner, with the prescribed 
information, within four years, or within such other time as may be prescribed, after the goods in respect of  which it is made are released; and
 
(d)  if the goods have not been expor ted or deemed exported for the purposes 
of relief under section 89, disclose the number of the certificate issued 
under section 90. 
Regulations (4) For the purposes of this section, the Governor in Council may, on the 
recommendation of the Minister of National Revenue, make regulations 
prescribing 
  
 
  
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 (a)  the circumstances in which, and th e classes of goods in respect of which, 
a refund or drawback of duties levi ed under sections 21.1 to 21.3 or under 
the Special Import Measures Act , a surtax levied under section 53, 55, 60, 
63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of 
sections 69 to 76.1, a tax levied under the Excise Tax Act  or a duty levied 
under the Excise Act, 2001  may not be granted under subsection (1); 
 
(b)  the portion of duties paid that may be granted as a refund or drawback 
under subsection (1); 
 (c)  the persons or classes of persons who may make an application for a 
refund or drawback under subsection (1); 
 (d)  the uses to which goods may be put or operations that goods may undergo 
after which the goods will be consider ed to be in the same condition; 
 (e)  goods that are considered to be of the same class; 
 
(f)  the time within which an applica tion for a refund or drawback must be 
made; 
 
(g)  the circumstances in which an appl ication for a refund or drawback may
be made; 
 (h)  restrictions as to the classes of goods for which a refund or drawback may 
be granted; and 
 (i)  the circumstances in which a refund or drawback may not be granted. 
Designated goods (5) Despite the exception in subsection 89(2), a refund or drawback of duties 
or taxes levied or imposed under sections 21.1 to 21.3, the Excise Act, 2001 or the 
Excise Tax Act  shall be granted under paragraph (1)( a) on designated goods. 
1997, c. 36, s. 113; 2001, c. 28, s. 44; 2002, c. 19, ss. 11, 25, c. 22, s. 354. 
Overpayment of 
refund or 
drawback 114. (1) If a refund or drawback is granted under section 110 or 113 to a 
person who is not eligible for the refund  or drawback or in an amount exceeding 
the amount for which the person is eligible , that person shall pay to Her Majesty 
in right of Canada, on the day that the refund or drawback is received, 
 
(a)  any amount for which the person is not eligible; and 
(b)  any interest granted under secti on 127 on the amount referred to in 
paragraph ( a). 
Debt to Her 
Majesty (2) An amount referred to in subsection (1), while it remains unpaid, is 
deemed to be a debt owing to Her Majesty in right of Canada under the Customs 
Act. 
Discretionary 
relief 115. (1) The Governor in Council may, on the recommendation of the 
Minister or the Minister of National Revenue, by order, remit duties. 
 
  
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 Scope of relief (2) A remission under subsection (1) may be conditional or unconditional, 
may be granted in respect of the whole or any portion of the duties and may be granted regardless of whether any liab ility to pay the duties has arisen. 
Remission by way 
of refund (3) If duties have been paid, a remission under subsection (1) shall be made by 
granting a refund of the duties to be remitted. 
 
DIVISION 5 
GENERAL 
Debts due the 
Crown 116. Relief under section 89 or 101 may be refused if, at the time the relief is 
authorized or required to be granted, the person to whom the relief is to be granted 
is indebted to 
 
(a)  Her Majesty in right of Canada; or 
 (b)  Her Majesty in right of a province in respect of tax payable to the 
province, if there is an agreement be tween the Government of Canada and 
the government of the province authorizing Canada to collect the tax on behalf of the province. 
Sum in lieu of 
drawback, refund, 
etc. 117. If circumstances exist that render it difficult to determine the exact 
amount of relief under section 89, of a refund under section 110 or of a refund or 
drawback under section 113 or the exact amount of a general remission of duties 
under an order made under section 115 of this Act or section 23 of the Financial 
Administration Act , the Minister of National Revenue may, with the consent of 
the applicant for the relief, refund, drawback  or remission, grant to the applicant a 
sum, in an amount determined by that Minister, in lieu of the relief, refund, 
drawback or remission. 
Failure to comply 
with conditions 118. (1) If relief from, or remission of, duties is granted under this Act, other 
than under section 92, or if remission of duties is granted under section 23 of the Financial Administration Act and a condition to which the relief or remission is 
subject is not complied with, the person who did not comply with the condition 
shall, within 90 days or such other period as may be prescribed after the day of the failure to comply, 
 
(a)  report the failure to comply to an officer at a customs office; and 
 
(b)  pay to Her Majesty in right of Canada an amount equal to the amount of 
the duties in respect of which the relief or remission was granted, unless that person can provide evidence satisfactory to the Minister of National 
Revenue that 
 
(i)  at the time of the failure to comply with the condition, a refund or 
drawback would otherwise have been  granted if duties had been paid, 
or 
 
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 (ii)  the goods in respect of which the relief or remission was granted 
qualify in some other manner for relief or remission under this Act or the Financial Administration Act . 
Diversions (2) If a drawback has been granted of duties paid in respect of imported goods 
by reason of a deemed exportation un der subsection 89(3), the goods are not 
subsequently exported and the goods are dive rted to a use other than a use set out 
in that subsection, the person who diverted the goods shall, within 90 days after the day of the diversion, 
 
(a)  report the diversion to an officer at a customs office; and 
 
(b)  pay the amount of the drawback and the amount of any interest granted 
on the drawback under section 127. 
Debt to Her 
Majesty (3) An amount referred to in paragraph (1)( b) or (2)( b), while it remains 
unpaid, is deemed to be a debt owing to Her Majesty in right of Canada under the 
Customs Act . 
Regulations (4) The Governor in Council may make regulations 
 
(a)  on the recommendation of the Minister of National Revenue, prescribing 
time limits for the application of s ubsection (1) and the goods or classes 
of goods in respect of which, or the circumstances in which, those limits 
apply; and 
 
(b)  on the recommendation of the Minister, prescribing the circumstances in 
which certain goods are exempted from the application of subsection (1) 
and the goods or classes of goods in respect of which, and the period for 
which and the conditions under whic h, those exemptions apply. 
Waivers 119. An application under section 110 or 113 must be accompanied by a 
waiver, in the prescribed form, from ev ery other person eligible to claim a 
drawback, refund or remission of the duties in respect of which the application is made, waiving that person's right to appl y for the drawback, refund or remission. 
Definition of 
"value" 120. For the purposes of sections 121 and 122, "value" means, in respect of a 
by-product, goods or merchantable scrap or waste, 
 
(a)  if the processor has sold the by-product, goods or merchantable scrap or 
waste in an arms-length transaction, the price at which the processor sold 
the by-product, goods or mercha ntable scrap or waste; and 
 
(b)  in any other case, the price at which the processor would ordinarily have 
sold the by-product, goods or merchantable scrap or waste in an arms-
length transaction, 
 
(i)  in the case of an application for a drawback or refund, at the time the 
application is made, or 
 
(ii)  if relief from the payment of duties has been granted under section 89, 
at the time the goods are exported. G/SG/N/1/CAN/3 
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 Relief reduced by 
value of by-
product 121. (1) If relief from payment of duties is granted in respect of goods under 
section 89 and the goods enter into a process that produces a by-product in respect of which relief could not have been gran ted, the processor shall, within 90 days 
after production of the by-product, pay to Her Majesty in right of Canada an 
amount that bears the same proportion to the amount of the relief as the value of the by-product bears to the total value of the products produced from the 
processing of the goods. 
Debt to Her 
Majesty (2) An amount referred to in subsection (1), while it remains unpaid, is 
deemed to be a debt owing to Her Majesty in right of Canada under the Customs 
Act. 
Amount of 
drawback or refund not paid 
reduced by value 
of by-product (3) If goods in respect of which an a pplication was made under section 110 or 
113 enter into a process that produces a by-p roduct in respect of which a refund or 
drawback cannot be granted and the drawb ack or refund has not yet been paid, the 
amount of the drawback or refund shall be reduced by the same proportion that 
the value of the by-product bears to the total value of the products produced from 
the processing of the goods. 
Relief reduced by 
value of merchantable 
scrap or waste 122. (1) If goods in respect of which relief is granted under section 89 enter 
into a process that produces merchantable scr ap or waste in respect of which the 
relief could not have been granted, the pr ocessor shall, within 90 days after the 
production of the scrap or waste, pay to Her Majesty in right of Canada an amount 
equal to the product obtained by multiplyi ng the value of the merchantable scrap 
or waste by the rate of customs duty that applies, at the time that the scrap or 
waste was produced, to merchantable scrap or waste of the same kind. 
Debt to Her 
Majesty (2) An amount referred to in subsection (1), while it remains unpaid, is 
deemed to be a debt owing to Her Majesty in right of Canada under the Customs 
Act. 
Drawback or 
refund reduced by 
value of 
merchantable scrap or waste (3) If goods in respect of which an a pplication was made under section 110 or 
113 enter into a process that produces mercha ntable scrap or waste in respect of 
which a refund or drawback cannot be gran ted and the drawback or refund has not 
yet been paid, the amount of the drawback or refund shall be reduced by an amount equal to the product obtained by multiplying the value of the 
merchantable scrap or waste by the rate of  customs duty that applies, at the time 
the merchantable scrap or waste results from the process, to merchantable scrap or waste of the same kind. 
Interest on 
overpayment in 
relation to a refund or 
drawback 123. (1) Any person who is liable under subsection 114(1) to pay an amount, 
other than an amount in respect of duty levied under the Special Import Measures 
Act, shall pay, in addition to the amount, interest at the speci fied rate for the 
period beginning on the first day after th e refund or drawback was granted and 
ending on the day the amount is paid in full, calculated on the amount of the balance outstanding. 
 
 
   
 
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 Interest on failure 
to comply or 
diversion (2) Subject to subsection (4), a pers on who is liable under subsection 118(1) 
or (2) to pay an amount, other than an amount in respect of duty levied under the Special Import Measures Act , shall pay, in addition to the amount, interest at the 
specified rate for the period beginning on the day that the liability was incurred 
and ending on the day the amount is paid in full, calculated on the amount of the 
balance outstanding. 
Interest on by-
products and 
merchantable 
scrap or waste (3) Subject to subsection (4), a pers on who is liable under section 121 or 122 
to pay an amount, other than an amount in respect of duty levied under the Special 
Import Measures Act , shall pay, in addition to the amount, interest at the specified 
rate for the period beginning on the first day after the production of the by-product or merchantable scrap or waste a nd ending on the day the amount is paid 
in full, calculated on the amount of the balance outstanding. 
Exception (4) If a person pays an amount owing under paragraph 118(1)( b) or section 
121 or 122 within the 90 day period referred to in that paragraph or section, no 
interest on the amount is payable by the person under subsection (2) or (3). 
Computation of 
interest on certain 
duties (5) A person who is liabl e under paragraph 118(1)( b) or section 121 or 122 to 
pay an amount in respect of duty levied under the Special Import Measures Act
shall pay interest at the specified rate for the period beginning on the ninety-first 
day after the day the amount became payable and ending on the day the amount is paid in full, calculated on the amount of the balance outstanding. 
Computation of 
interest on certain 
duties (6) A person who is liable under section 98, subsection 114(1) or paragraph 
118(2)( b) to repay the amount of a drawback or relief in respect of duty levied 
under the Special Import Measures Act and any interest on the drawback shall 
pay, in addition to those amounts, interest at the specified rate for the period 
beginning on the first day after the day the drawback was granted or the person 
failed to comply with a condition to whic h the relief was subject, as the case may 
be, and ending on the day those amounts are repaid in full, calculated on the 
amount of the balance outstanding. 
Interest on the 
payment of relief 
for NAFTA (7) A person who is liable under subsec tion 95(1) to pay an amount, other 
than an amount in respect of duty levied under the Special Import Measures Act , 
shall pay, in addition to the amount, interest at the specified rate for the period 
beginning on the sixty-first day after the day the amount became payable and 
ending on the day the amount is paid in full, calculated on the amount of the balance outstanding. 
1997, c. 36, s. 123; 2001, c. 25, s. 88. 
Interest to be 
compounded 124. Interest computed at a prescribed rate or at a specified rate shall be 
compounded daily and, if interest computed in respect of an amount under a 
provision of this Act is unpaid on the day it would, but for this section, have 
ceased to be computed under that provision, interest at the specified rate, 
computed and compounded daily on the unpaid interest from that day to the day it 
is paid, shall be paid in the same manner as the provision requires the principal amount to be paid. 
1997, c. 36, s. 124; 2001, c. 25, s. 89. 
 
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 Prescribed rate 
may be authorized 125. The Minister of National Revenue may authorize persons who are 
required under a provision of this Act to pay interest on an amount at a specified rate to instead pay interest under that provision at the prescribed rate. 
Waiver of interest 126. (1) The Minister of National Revenue may at any time waive or cancel 
payment of all or any portion of any in terest otherwise payable under this Part. 
Interest on interest 
refunded (2) If, as a result of a waiver or cancellation under subsection (1), a person is 
refunded an amount of interest that w as paid, the person shall be given, in 
addition to the refund, interest at the pr escribed rate for the period beginning on 
the first day after the day the amount was pa id and ending on the day the refund is 
given, calculated on the amount of the refund. 
Interest 127. (1) A person who is granted a refund  or drawback of duties under section 
110 or 113, other than duty levied under the Special Import Measures Act , shall 
be granted, in addition to the drawback or refund, interest on the drawback or 
refund at the prescribed rate for the period beginning on the ninety-first day after 
an application for the drawback or refund is made in accordance with this Part and 
ending on the day the drawback or refund is granted. 
Interest on SIMA 
duty (2) A person who, under a provision of this Part other than section 115, is 
granted a drawback or refund of an amount in respect of duty levied under the 
Special Import Measures Act shall be granted, in addition to the drawback or 
refund, interest on it at the prescribed rate for the period beginning on the ninety-
first day after the day an application fo r the drawback or refund is made in 
accordance with this Part and ending on the day the drawback or refund is 
granted. 
1997, c. 36, s. 127; 2001, c. 25, s. 90. 
Payment out of 
C.R.F. 128. A drawback or refund granted under th is Part shall be paid out of the 
Consolidated Revenue Fund. 
 
PART 4 
REGULATIONS AND ORDERS 
Regulations 129. The Minister of National Revenue may make regulations 
 
(a)  for the purposes of tariff item No. 9813.00.00 or 9814.00.00, permitting 
the importation free of customs duties of containers not originating in 
Canada, if that Minister is satisfied that a like quantity of usable containers has been exported; and 
 
(b)  for the purposes of tariff item No. 9897.00.00, prescribing 
 
(i)  conditions under which specimens of  aigrettes, egret plumes or osprey 
plumes and the feathers, quills, heads, wings, tails, skins or parts of 
skins of wild birds of that tariff item may be imported for any 
museum or for scientific or educational purposes, and 
 
 
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 (ii)  the manner in which materials from used or second-hand mattresses 
shall be cleaned and fumigated and the certificates that shall accompany those materials. 
Powers of the 
Minister of 
National Revenue 130. The Minister of National Revenue may 
 
(a)  specify documentation that is cons idered acceptable for the purposes of 
tariff item No. 9827.00.00; and 
 
(b)  recognize authorities, representatives or authorized persons in a country 
of origin as competent for the purposes of conditions of classification of goods under a tariff item. 
Power of the 
Minister 131. The Minister may designate goods for the purposes of tariff item No. 
9938.00.00. 
Regulations 132. (1) The Governor in Council may, on the recommendation of the 
Minister, make regulations 
 
(a)  amending the List of Tariff Provisions to change or prescribe conditions 
of classification of goods for the purposes of Chapter 99 of that List; 
 (b)  prescribing territories for the purposes of the definition "country" in 
subsection 2(1); 
 
(c)  prescribing eligible Commonwealth co untries or conditions for eligibility 
of Commonwealth countries for the purposes of a tariff item of heading No. 51.11, 51.12 or 58.03; 
 
(d)  prescribing a rate of interest or rules for determining a rate of interest for 
the purposes of any provision of this Act; 
 
(e)  reducing the maximum value of goods that are entitled to be classified 
under a tariff item of heading No. 98.04; 
 
(f)  for the purposes of tariff item No . 9808.00.00, withdrawing privileges 
from persons or classes of persons who are referred to in that tariff item 
and are from a country that refuses to grant the same privileges to 
Canadian officials holding corresponding or equivalent posts in that 
country; 
 (g)  for the purposes of tariff item No. 9810.00.00, 
 
(i)  designating institutions, foreign countries and military service 
agencies, and 
 
(ii)  withdrawing privileges from pe rsons or classes of persons who are 
referred to in that tariff item and are from a country that refuses to 
grant corresponding privileges; 
 
(h)  amending the list of products set out in tariff item No. 9905.00.00; 
 G/SG/N/1/CAN/3 
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 (i)  amending the list of goods in tariff item No. 9987.00.00; 
 (j)  in respect of goods or classes of goods of heading No. 98.26, amending 
the schedule to 
 
(i)  add, delete or amend tariff items  relating to goods or classes of goods 
classified under each tariff item of that heading, 
 
(ii)  amend the rates of customs duty levied on goods or classes of goods 
classified under a tariff item of that heading, 
 
(iii)  amend the conditions under which goods or classes of goods may be 
imported under a tariff item of that heading, 
 
(iv)  exclude any goods or classes of goods from the application of a tariff 
item of that heading, 
 
(v)  define terms of that heading, and 
 (vi)  amend the maximum value of  goods that may be imported under a 
tariff item of that heading; 
 
(k)  reducing any customs duty imposed on goods of Chapter 89 in the List of 
Tariff Provisions in such circumstances and under such conditions as are prescribed; 
 
(l)  for the purposes of tariff item No. 9993.00.00, limiting or restricting the 
use, kinds or quantity of goods that may be classified under that tariff 
item; 
 (m)  for the purposes of tariff item No. 9897.00.00, 
 
(i)  amending that tariff item to exclude goods manufactured or produced 
wholly or in part by prison labour from that tariff item, or prescribing 
the conditions under which such goods may be excluded from that 
tariff item, 
 
(ii)  amending that tariff item to exclude used or second-hand motor 
vehicles manufactured before the calendar year in which importation 
is sought to be made from that tariff item, or prescri
bing the 
conditions under which such vehi cles may be excluded from that 
tariff item, and 
 
(iii)  amending that tariff item to exclude used or second-hand aircraft 
from that tariff item, or prescribing the conditions under which such 
aircraft may be excluded from that tariff item; 
 
(n)  for the purposes of tariff item No. 9898.00.00, amending that tariff item 
to prescribe conditions under which arms, military stores, munitions of 
war or offensive weapons are excluded from that tariff item; 
 
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 (o)  prescribing anything that is to be prescribed under a tariff item in Chapter 
98 or 99 in the List of Tariff Provisions; 
 
(p)  prescribing anything that may be prescribed under this Act; and 
 
(q)  generally, for carrying out the purposes and provisions of this Act. 
Approval by 
Parliament (2) Regulations made under paragraph (1)( e), or under subparagraph (1)( j)(vi) 
that reduce the maximum value of goods, cease to have effect on the one hundred 
and eightieth day after the day on which they  become effective or, if Parliament is 
not then sitting, the fifteenth day thereafte r that either House of Parliament is 
sitting unless, not later than that day, th e regulations are approved by a resolution 
adopted by both Houses of Parliament. 
Meaning of 
"sitting day" (3) For the purposes of subsection (2), a day on which either House of 
Parliament sits is deem ed to be a sitting day. 
Maximum value 
restored (4) At the time regulations referred to in subsection (2) cease to have effect, 
the maximum value shall be restored. 
Retroactive effect (5) A regulation made under paragraph (1)( d) that provides that it is to come 
into force on a day earlier than the day on  which it is registered under section 6 of 
the Statutory Instruments Act  comes into force on that earlier day if it gives effect
to a public announcement made on or before that earlier day. 
Regulations 133. The Governor in Council may, on the recommendation of the Minister of 
National Revenue, make regulations 
 
(a)  prescribing, for the purposes of section 101, 
 
(i)  the period after the exportation of goods within which the goods must 
be returned to Canada, and 
(ii)  what constitutes satisfactory evidence of exportation of the goods; 
 
(b)  defining the expressions "baggage",  "conveyance", "former resident", 
"incidental to the international traffic of the goods", "resident", 
"temporarily" and "temporary resident" for the purposes of a tariff item of 
Chapter 98 of the List of Tariff Provisions; 
 
(c)  for the purposes of tariff item No . 9801.10.00, 9801.20. 00, 9808.00.00 or 
9810.00.00, prescribing conditions unde r which goods may be imported; 
 
(d)  for the purposes of tariff item No. 9802.00.00, 
 
(i)  prescribing conditions under wh ich conveyances may be imported, 
 (ii)  limiting the length of time that any imported conveyance may remain 
in Canada and the use that may be made of the conveyance while it 
remains in Canada, and authorizing the Minister of National Revenue 
to extend those limits, 
 
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 (iii)  excluding any class of conveyan ce from classification under that tariff 
item, and 
 
(iv)  authorizing the Minister of National Revenue to require security for 
imported conveyances and limit the amount and type of security that 
may be required; 
 
(e)  for the purposes of tariff item No. 9803.00.00, 
 
(i)  prescribing conditions under which goods or conveyances may be 
imported and authorizing the Mini ster of National Revenue to 
establish such conditions in specified circumstances, 
 (ii)  limiting the quantity of any class of goods that may be imported and 
authorizing the Minister of National Revenue to increase those limits 
in specified circumstances, 
 
(iii)  limiting the length of time that imported goods or conveyances may 
remain in Canada and authorizing the Minister of National Revenue 
to extend those limits, 
 
(iv)  excluding any class of goods or conveyances from classification 
under that tariff item, and 
 (v)  authorizing the Minister of National Revenue to require security for 
imported goods or conveyances and limit the amount and type of 
security that may be required; 
 
(f)  for the purposes of heading No. 98.04 or of tariff item No. 9807.00.00, 
9813.00.00, 9814.00.00, 9816.00.00, 9938.00.00 or 9989.00.00, prescribing conditions under wh ich goods may be imported; 
 
(g)  for the purposes of tariff item No. 9805.00.00, 
 
(i)  exempting goods or classes of goods imported by any class of persons 
referred to in that tariff item from any of its requirements relating to 
the period during which goods must be owned, possessed or used 
abroad, and 
 
(ii)  substituting less exigent require ments relating to the period during 
which goods or classes of goods of that tariff item must be owned, 
possessed or used abroad by any class of persons referred to in that 
tariff item; 
 
(h)  for the purposes of tariff item No. 9807.00.00, 
 
(i)  defining the word "settler",  
(ii)  exempting goods or classes of goods imported by any classes of 
persons referred to in that tari ff item from any of its requirements 
relating to ownership, possession or use, and 
  G/SG/N/1/CAN/3 
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 (iii)  substituting less exigent require ments relating to the ownership, 
possession or use of goods or classes of goods of that tariff item; 
 
(i)  for the purposes of tariff item No. 9897.00.00, 
 
(i)  defining the expressions "issue", "periodical" and "special edition", 
 (ii)  prescribing conditions under whic h an issue of a periodical will be 
found to be an issue of a special edition that contained an 
advertisement that was primarily directed to a market in Canada and that did not appear in identical form  in all editions of that issue of a 
periodical that were distributed in the country of origin, and 
 (iii)  prescribing conditions under whic h an issue of a periodical will be 
found to be an issue more than five  per cent of the advertising space 
in which consisted of space used for advertisements that indicated specific sources of availability in Canada, or specific conditions 
relating to the sale or provision in Canada, of any goods or services; 
 
(j)  for the purpose of tariff item No. 9971.00.00 or 9992.00.00, prescribing 
conditions under which goods that have been exported to a NAFTA 
country, Chile, Costa Rica, Israel or another CIFTA beneficiary for repair 
or alteration may be imported; 
 (k)  for the purposes of tariff item No. 9993.00.00, 
 
(i)  extending any period that the goods imported under that tariff item 
may remain in Canada, if it is impracticable or impossible for the 
importer to export the goods, 
 (ii)  setting out the conditions under which the requirement for security or 
for prescribed documents may be waived, and 
 (iii)  prescribing the form, nature and conditions of any security 
satisfactory to the Minister of National Revenue; and 
 
(l)  prescribing any other thing that is to be prescribed for the purposes of a 
tariff item referred to in this section. 
1997, c. 36, s. 133; 2001, c. 28, s. 45. 
Other orders 134. (1) The Minister of National Revenue or Commissioner of Customs and 
Revenue may, by order, suspend for a specified period a tariff item referred to in Supplementary Note 2( c) of Chapter 7 of the List of Tariff Provisions, and bring 
into force for the period one or more ta riff items referred to in Supplementary 
Note 2( b) of that Chapter, in respect of goods that are imported through a customs 
office in a region or part of Canada specified in the order during that period. 
Other orders (2) The Minister of National Revenue or Commissioner of Customs and 
Revenue may, by order, suspend for a specified period a tariff item referred to in Supplementary Note 4( c) of Chapter 8 of the List of Tariff Provisions, and bring 
into force for the period one or more ta riff items referred to in Supplementary 
Note 4( b) of that Chapter, in respect of goods that are imported through a customs G/SG/N/1/CAN/3 
Page 148  
 
 office in a region or part of Canada specified in the order during that period. 
1997, c. 36, s. 134; 1999, c. 17, s. 131. 
Exempt goods 135. (1) An order made under subsection 134(1) or (2) does not apply to 
goods that 
 
(a)  before the order comes into force, a person purchased for importation 
through a customs office in a region or part of Canada specified in the order in the expectation in good faith that the "Free" rate of customs duty 
set out in a tariff item suspended by the order would apply to the goods; 
and 
 
(b)  at the time the order comes into for ce, were in transit to the purchaser in 
Canada. 
Exempt from SIA (2) An order referred to in subsection 134(1) or (2) is deemed not to be a 
regulation within the meaning of the Statutory Instruments Act . 
 
PART 5 
PROHIBITED GOODS 
Prohibited imports 136. (1) The importation of goods of tariff item No. 9897.00.00, 9898.00.00 
or 9899.00.00 is prohibited. 
Subsection 10(1) 
does not apply (2) Subsection 10(1) does not apply in respect of goods referred to in 
subsection (1). 
 
PART 6 
TRANSITIONAL PROVISIONS 
Definition of 
"former Act" 137. In sections 139, 140 and 143 to 146, "former Act" means the Customs 
Tariff  as it read immediately before the coming into force of section 214. 
Amendment of 
schedule 138. (1) The Minister may, by order, amend the schedule, if the Minister 
considers it necessary to do so as a conse quence of the enactment of this Act. 
Retroactivity (2) An order made under subsection (1) may, if it so provides, be retroactive 
and have effect in respect of a period before it is made, but no such order may 
have effect in respect of a period before this section comes into force. 
Expiry date (3) Subsection (1) ceases to have effect three years after the day on which this 
section comes into force. 
Amendment of 
other Acts 139. (1) The Governor in Council may, on the recommendation of the 
Minister, by order, amend any Act of Parliament other than this Act, by 
 
(a)  substituting, for any reference made therein to a tariff item or code or 
portion of a tariff item or code in the former Act, a reference to a tariff 
item or portion of a tariff item in this Act; 
  G/SG/N/1/CAN/3 
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 (b)  substituting, for any reference made therein to a schedule other than 
Schedule VII to the former Act, a re ference to the schedule to this Act; 
 
(c)  substituting, for any reference made th erein to Schedule VII to the former 
Act, a reference to tariff item Nos. 9897.00.00 to 9899.00.00; and 
 
(d)  making such other modifications as the Governor in Council considers 
necessary as a consequence of a substitution made under paragraphs ( a) 
to (c) or as a consequence of the enactment of this Act. 
Expiry date (2) Subsection (1) ceases to have effect three years after the day on which this 
section comes into force. 
References to 
former tariff items 
and codes 140. (1) Subject to subsection (2), if a tariff item or code or portion of a tariff 
item or code of the former Act is referre d to in an Act of Parliament, or in a 
regulation or order made thereunder, the re ference to that tariff item, code or 
portion shall, unless the context requires othe rwise, be construed as a reference to 
the tariff item or portion of a tariff item of this Act referring to goods that correspond most closely to goods referred to in the tariff item, code or portion of a 
tariff item or code of the former Act. 
Exception (2) A reference in a provision of an Act of Parliament other than this Act, or 
of an order or regulation made under an Act of Parliament, to a heading, 
subheading, tariff item or code, or portion of a heading, subheading, tariff item or 
code, of the former Act or to a note to a chapter of Schedule I to the former Act 
shall, for any purpose relating to a duty or tax under the Excise Act  or the Excise 
Tax Act  or for any purpose relating to an a dditional duty under section 21 of this 
Act, be read as a reference to that head ing, subheading, tariff item, code, portion 
or note as it read immediately before the day on which this section comes into 
force. 
Retroactivity of 
order and regulations 141. (1) An order or regulation made under this Act may, if it so provides, be 
retroactive and have effect in respect of  any period before it is made, but no such 
order or regulation may have effect from a day earlier than the day on which this 
section comes into force. 
Expiry date (2) Subsection (1) ceases to have effect  18 months after the day on which this 
section comes into force. 
Retroactivity of 
order and regulations 142. (1) If the Governor in Council considers it necessary for the purposes of 
implementing this Act that an order or regulation under the Canadian 
International Trade Tribunal Act , the Customs Act  or the Export and Import 
Permits Act  have retroactive effect, the order or  regulation may, if it so provides, 
be retroactive and have effect in respect of any period before it is made, but no 
such order or regulation may have effect  from a day earlier than the day on which 
this section comes into force. 
Non-applicable (2) Subsection 164(3) of the Customs Act does not apply in respect of any 
regulation that, under subsection (1), provides that it has retroactive effect. 
Expiry date (3) Subsection (1) ceases to have effect  18 months after the day on which this 
section comes into force. G/SG/N/1/CAN/3 
Page 150  
 
 Continuation of 
regulations and 
orders 143. If goods were accounted for under section 32 of the Customs Act before 
the day on which this section comes into force and were subject to the former Act, the Customs Act  or any other Act of Parliament , or to any regulation or order 
made thereunder, those Acts, regulations or orders continue to apply to those 
goods after the coming into force of this section. 
Bonded 
warehouse 
licences continued 144. Licences issued under section 81 of the former Act and in effect on the 
day on which section 91 of this Act com es into force continue to have effect 
under that section on and after that day. 
Security 145. Security held by the Minister of National Revenue to secure the payment 
of duties under subsection 81(4) of the fo rmer Act is continued as security for the 
purposes of subsection 91(4) of this Act on and after the day on which this section 
comes into force. 
Certificates 
continued 146. Certificates issued under section 80.1 of the former Act and in effect on 
the day on which section 90 of this Act comes into force continue to have effect 
under that section on and after that day. 
 
PART 7 
RELATED AMENDMENTS 
147. to 191. [Amendments] 
 
PART 8 
CONSEQUENTIAL AMENDMENTS 
192. to 212. [Amendments] 
 
PART 9 
REPEAL AND COMING INTO FORCE 
 
Repeal 
213. [Repeal] 
 
Coming into Force 
Coming into force 214. This Act comes into force or is deemed to have come into force on 
1 January 1998 and applies, or is deemed to  have applied, to all goods referred to 
in this Act imported on or after that da y and to goods imported before that day 
that were not accounted for under section 32 of the Customs Act  before that day. 
 
  G/SG/N/1/CAN/3 
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 *SCHEDULE 
*[Note: The schedule is accessible free on the Internet, in downloadable form, 
at the following address:  
http://www.fin.gc.ca 
Revenue Canada is in the process of making a readable version of the 
schedule to the Customs Tariff available free on the Internet, which will be 
accessible in 1998 at the following address: 
http://www.rc.gc.ca/vco] 
 
RELATED PROVISIONS 
-- 2001, c. 16, s. 3(2): 
(2) Subsection (1) is deemed to have come into force on 6 April 2001, 
except that subsection 21(2) of the Act, as enacted by subsection (1), does not 
apply to tobacco imported before 1 October 2001. 
-- 2001, c. 16, s. 5(2): 
(2) Subsection (1) is deemed to have come into force on 6 April 2001, 
except that subsection 92(3) of the Act, as enacted by subsection (1), does not 
apply to manufactured tobacco entered into a bonding warehouse before that 
day. 
-- 2002, c. 22, ss. 305 to 308: 
Meaning of 
"implementation 
date" 305. In sections 306 to 320, "implementation date" means the day on 
which Parts 3 and 4 come into force. 
Transitional 
treatment of duties on packaged 
spirits 306. The following rules apply to packaged spirits on which a duty, at a 
rate determined by the application of sect ion 1 of Part I of the schedule to the 
Excise Act , was imposed under that Act or levied under the Customs Tariff
but that had not become payable before the implementation date: 
 
(a)  as of that day, the duty is relieved; 
 
(b)  as of that day, the Excise Act  ceases to apply in respect of the spirits; 
 
(c)  in the case of imported packaged spirits that have not been released 
under the Customs Act , this Act, the Customs Act  and the Customs 
Tariff  apply in respect of them as though they were imported on that 
day; and 
 (d)  in the case of any other packaged sp irits, this Act applies in respect of 
them as though 
 
(i)  they were produced and packaged in Canada on that day by 
the person having possession of them immediately before that G/SG/N/1/CAN/3 
Page 152  
 
 day and the person were permitted under this Act to produce 
and package them, and 
 
(ii)  if the spirits are in the possession of a duty free shop or an 
accredited representative or delivered as ships' stores in accordance with the Ships' Stores Regulations , they had been 
entered into an excise warehouse and then removed from the 
warehouse in accordance with paragraph 147(1)( a) on that 
day. 
Transitional 
treatment of duties 
on bulk spirits 307. (1) The following rules apply to bulk spirits on which a duty, at a 
rate determined by the application of sect ion 1 of Part I of the schedule to the 
Excise Act , was imposed under that Act or levied under the Customs Tariff
but that had not become payable before the implementation date: 
 
(a)  as of that day, the duty is relieved; 
 (b)  as of that day, the Excise Act  ceases to apply in respect of the spirits; 
 
(c)  in the case of imported bulk spirits that have not been released under 
the Customs Act , this Act, the Customs Act  and the Customs Tariff
apply in respect of them as though they were imported on that day; 
and 
 
(d)  in the case of any other bulk spirits, this Act applies in respect of 
them as though they were produced in Canada on that day by the 
person having possession of them immediately before that day. 
Transitional 
treatment of bulk 
spirits imported 
for bottling or blending (2) The following rules apply to bulk spirits on which a duty, at a rate 
determined by the application of section 1 of Part I of the schedule to the 
Excise Act , was levied under the Customs Tariff and remitted under the 
Distilled Spirits for Bottling in Bond Remission Order  or the Imported Spirits 
for Blending Remission Order  before the implementation date: 
 
(a)  as of that day, the duty imposed on the spirits under subsection 
135(1) of the Excise Act when they were entered into a distillery is 
relieved; 
 
(b)  as of that day, the Excise Act ceases to apply in respect of the spirits; 
and 
 
(c)  this Act applies in respect of them as though they were produced in
Canada on that day by the person having possession of them immediately before that day. 
Transitional 
treatment of 
excise taxes on wine 308. The following rules apply to wine on which tax was imposed under 
section 27 of the Excise Tax Act  but had not become payable before the 
implementation date: 
 
(a)  as of that day, the tax is relieved; 
 
  G/SG/N/1/CAN/3 
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 (b)  as of that day, Parts III, VI and VII of the Excise Tax Act  cease to 
apply in respect of the wine; 
 
(c)  in the case of imported wine that has not been released under the 
Customs Act , this Act, the Customs Act  and the Customs Tariff apply 
in respect of the wine as though it were imported on that day; 
 (d)  in the case of bulk wine to which paragraph ( c) does not apply, this 
Act applies in respect of it as though it were produced in Canada on 
that day 
 
(i)  if the wine is located in a ferment-on-premises facility or at 
the residence of an individual, by the individual who owned the wine immediately before that day, or 
 
(ii)  in any other case, by the person having possession of it 
immediately before that day; and 
 
(e)  in the case of wine to which neither paragraph ( c) nor ( d) apply, this 
Act applies in respect of it as though 
 
(i)  it were produced and packaged in Canada on that day by the 
person having possession of it immediately before that day 
and the person were permitted under this Act to produce and 
package it, and 
 
(ii)  in the case of wine in the possession of a duty free shop or an 
accredited representative or delivered as ships' stores in 
accordance with the Ships' Stores Regulations , it had been 
entered into an excise warehouse and then removed from the warehouse in accordance with paragraph 147(1)( a) on that 
day. 
-- 2002, c. 22, s. 315: 
Removal of 
alcohol from customs bonded 
warehouse 315. (1) If packaged alcohol is located in a customs bonded warehouse on 
the implementation date, 
 
(a)  the alcohol shall be removed from the warehouse; and 
 (b)  any duty on the alcohol that is imposed under this Act or levied 
under section 21.2 of the Customs Tariff  as a result of the operation of 
section 306 or 308 is payable on that day unless the alcohol is without delay entered into an excise warehouse. 
Exception (2) Subsection (1) does not apply if the alcohol in the customs bonded 
warehouse is to be 
 
(a)  exported in accordance with this Act; or 
 (b)  delivered 
 
 G/SG/N/1/CAN/3 
Page 154  
 
 (i)  to an accredited representativ e for their personal or official 
use, 
 
(ii)  to a duty free shop for sale in accordance with the Customs 
Act, 
 
(iii)  as ships' stores in accordance with the 
Ships' Stores 
Regulations , or 
 
(iv)  to an air carrier that is licensed under section 69 or 73 of the 
Canada Transportation Act to operate an international air 
service. 
-- 2002, c. 22, s. 317: 
Transitional 
treatment of imported tobacco 
products 317. The following rules apply to an imported tobacco product: 
 
(a)  if duty levied under section 21 of the Customs Tariff  and tax imposed 
under section 23 of the Excise Tax Act on the product had not become 
payable before the implementation date, 
 
(i)  the duty and tax are relieved, and 
 
(ii)  this Act and the Customs Act apply in respect of the product 
as though it were imported into  Canada on that day by the 
importer; 
 
(b)  if the product was stamped or marked under the Excise Act , the 
product is deemed to be stamped or marked, as the case may be, under this Act; and 
 
(c)  the Excise Act  and Parts III, VI and VII of the Excise Tax Act  cease to 
apply in respect of the product. 
-- 2002, c. 22, s. 420: 
Interest 420. For the purposes of applying the provisions of the Customs Tariff
and the Excise Tax Act that provide for the payment of, or the liability to 
pay, interest in respect of any amount, the amount shall be determined and 
interest shall be computed on it as though this Part had been assented to on 
2 November 2001. 
-- 2002, c. 22, s. 424(2): 
(2) A regulation, or any provision of a regulation, made before 
1 January 2004 under paragraph 99( g) or ( g.1) of the Customs Tariff , as 
enacted by subsection (1), may, if it so provides, be retroactive and have effect for any period before it is made that begins on or after 1 June 2002.
 
 
  G/SG/N/1/CAN/3 
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EXPORT AND IMPORT PERMITS ACT 
CHAPTER E-19 
An Act respecting the export and import of strategic and other goods 
 
SHORT TITLE 
Short title   1. This Act may be cited as the Export and Import Permits Act . 
R.S., c. E-17, s. 1. 
 
INTERPRETATION 
Definitions   2. (1) In this Act, 
"Area Control List" « liste 
des pays visés » "Area Control List" means a list of countries established under section 4; 
"Automatic Firearms 
Country Control List" 
« liste des pays désignés 
(armes automatiques)  » "Automatic Firearms Country Control List" means a list of countries 
established under section 4.1; 
"CCFTA" « ALÉCC  » "CCFTA" has the same meaning as "Agreement" in subsection 2(1) of the 
Canada-Chile Free Trade Agreement Implementation Act ; 
"CCRFTA" « ALÉCCR  » "CCRFTA" has the same meaning as "Agreement" in subsection 2(1) of the 
Canada--Costa Rica Free Trade Agreement Implementation Act ; 
"Chile" « Chili  » "Chile" has the same meaning as in subsection 2(1) of the Customs Tariff ; 
"CIFTA" « ALÉCI  » "CIFTA" has the same meaning as "Agree ment" in subsection 2(1) of the 
Canada-Israel Free Trade Agreement Implementation Act ; 
"Costa Rica" « Costa 
Rica » "Costa Rica" has the same meaning as in subsection 2(1) of the Customs Tariff ; 
"Export Control List" 
«liste des marchandises 
d'exportation contrôlée » "Export Control List" means a list of  goods established under section 3; 
"Free Trade Agreement" [Repealed, 1997, c. 14, s. 70] 
"free trade partner" 
« partenaire de libre-
échange  » "free trade partner" means 
 
(a) a NAFTA country, 
(b) Chile, or 
(c) Israel or another CIFTA beneficiary; 
 G/SG/N/1/CAN/3 
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 "goods imported from a NAFTA country" [Repealed, 1997, c. 14, s. 70] 
"goods imported from Israel or another CIFTA beneficiary" [Repealed, 1997, c. 
36, s. 207] 
"import allocation" 
« autorisation 
d'importation  » "import allocation" means an allocation issued pursuant to subsection 6.2(2); 
"Import Control List" 
«liste des marchandises 
d'importation contrôlée » "Import Control List" means a list of goods established under section 5; 
"imported from Israel or 
another CIFTA 
beneficiary" « importé 
d'Israël ou d'un autre 
bénéficiaire de l'ALÉCI  » "imported from Israel or another CIFTA beneficiary" has the meaning assigned 
by regulations made under section 52 of the Customs Tariff ; 
"Israel or another CIFTA 
beneficiary" « Israël ou 
autre bénéficiaire de 
l'ALÉCI  » "Israel or another CIFTA beneficiary" has the same meaning as in subsection 
2(1) of the Customs Tariff ; 
"Minister" « ministre » "Minister" means such member of the Qu een's Privy Council for Canada as is 
designated by the Governor in Council  as the Minister for the purposes of 
this Act; 
"NAFTA" « ALÉNA  » "NAFTA" has the meaning assigned to th e word "Agreement" by subsection 
2(1) of the North American Free Trade Agreement Implementation Act ; 
"NAFTA country" « pays 
ALÉNA  » "NAFTA country" has the meaning assigned to the expression "NAFTA 
country" by subsection 2(1) of the North American Free Trade Agreement 
Implementation Act ; 
"resident of Canada" 
«résident du Canada » "resident of Canada" means, in the case of a natural person, a person who 
ordinarily resides in Canada and, in the case of a corporation, a corporation 
having its head office in Canada or operating a branch office in Canada; 
"World Trade 
Organization Agreement" « 
Accord sur 
l'Organisation mondiale 
du commerce  » "World Trade Organization Agreement" has the same meaning as the word 
"Agreement" in subsection 2(1) of the World Trade Organization 
Agreement Implementation Act . 
Goods imported from a 
NAFTA country, Chile 
or Costa Rica (2) For the purposes of this Act, goods are imported from a NAFTA 
country, from Chile or from Costa Rica if they are shipped directly to Canada 
from the NAFTA country, from Chile or from Costa Rica, as the case may be, 
within the meaning of sections 17 and 18 of the Customs Tariff . 
R.S., 1985, c. E-19, s. 2; 1988, c. 65, s. 116; 1991, c. 28, s. 1; 1993, c. 44, s. 146; 1994, c. 47, s. 100; 1996, c. 33, s. 57; 1997, c. 14, s. 70, c. 36, s. 207; 
2001, c. 28, s. 47. 
 
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 ESTABLISHMENT OF CONTROL LISTS 
Export control list of 
goods   3. The Governor in Council may establish a list of goods, to be called an 
Export Control List, including therein any article the export of which the 
Governor in Council deems it necessary to control for any of the following 
purposes: 
 
(a)  to ensure that arms, ammunition, implements or munitions of war, 
naval, army or air stores or any articles deemed capable of being 
converted thereinto or made useful in the production thereof or 
otherwise having a strategic nature or value will not be made available to any destination where their use mi ght be detrimental to the security 
of Canada; 
 (b)  to ensure that any action taken to promote the further processing in 
Canada of a natural resource that is produced in Canada is not rendered 
ineffective by reason of the unrestricted exportation of that natural resource; 
 
(c)  to limit or keep under surveillan ce the export of any raw or processed 
material that is produced in Canada  in circumstances of surplus supply 
and depressed prices and that is not a produce of agriculture; 
 
(c.1) [Repealed, 1999, c. 31, s. 88] 
 (d)  to implement an intergovernmental arrangement or commitment; 
 
(e)  to ensure that there is an adequate supply and distribution of the article 
in Canada for defence or other needs; or 
 
(f)  to ensure the orderly export marketing of any goods that are subject to a 
limitation imposed by any country or  customs territory on the quantity 
of the goods that, on importation into that country or customs territory 
in any given period, is eligible for the benefit provided for goods 
imported within that limitation. 
R.S., 1985, c. E-19, s. 3; R.S., 1985, c. 12 (3rd Supp.), s. 26; 1999, c. 31, s. 88. 
3.1 [Repealed, 1999, c. 31, s. 89] 
Export control list of 
countries   4. The Governor in Council may establish a list of countries, to be called an 
Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export of any goods. 
R.S., c. E-17, s. 4. 
Automatic Firearms 
Country Control List   4.1 The Governor in Council may establish a list of countries, to be called 
an Automatic Firearms Country Contro l List, including therein only countries 
with which Canada has an intergovernme ntal defence, research, development 
and production arrangement and to which the Governor in Council deems it 
appropriate to permit the export of 
 G/SG/N/1/CAN/3 
Page 158  
 
 (a)  a prohibited firearm described in paragraph ( c) or ( d) of the definition 
"prohibited firearm" in subsection 84(1) of the Criminal Code , 
 
(b)  a prohibited weapon described in paragraph ( b) of the definition 
"prohibited weapon" in subsection 84(1) of the Criminal Code , or 
 
(c)  a prohibited device described in paragraph ( a) or ( d) of the definition 
"prohibited device" in subsection 84(1) of the Criminal Code , 
 
or any component or part of any such thing, that is included in an Export Control List. 
1991, c. 28, s. 2; 1995, c. 39, s. 171. 
Definitions   4.2 (1) In section 5, 
"contribute importantly" 
« contribuer de manière 
importante  » "contribute importantly", in respect of goods imported from a NAFTA country 
or from Chile, means to be an importa nt cause, but not necessarily the most 
important cause; 
"serious injury" 
« dommage grave  » "serious injury" means, in relation to domestic producers of like or directly 
competitive goods, a significant overall impairment in the position of the 
domestic producers; 
"surge" « augmentation 
subite  » "surge", in respect of goods imported from a NAFTA country or from Chile, 
has the meaning given that word by Article 805 of NAFTA or Article F-05 
of CCFTA, as the case may be; 
"threat of serious injury" 
« menace de dommage 
grave  » "threat of serious injury" means serious inju ry that, on the basis of facts, and not 
merely of allegation, conjecture or re mote possibility, is clearly imminent. 
Application of definition 
in regulations (2) Any regulations made under paragraph 40( b) of the Canadian 
International Trade Tribunal Act defining "like or directly competitive goods" 
apply for the purposes of sections 5 and 5.4. 
1994, c. 47, s. 102; 1996, c. 33, s. 58; 1997, c. 14, s. 71; 2002, c. 19, s. 12. 
Import control list of 
goods   5. (1) The Governor in Council may est ablish a list of goods, to be called an 
Import Control List, including therein any article the import of which the 
Governor in Council deems it necessary to control for any of the following 
purposes: 
 
(a)  to ensure, in accordance with th e needs of Canada, the best possible 
supply and distribution of an article that is scarce in world markets or in Canada or is subject to governmental controls in the countries of origin 
or to allocation by intergovernmental arrangement; 
 (b)  to restrict, for the purpose of supporting any action taken under the 
Farm Products Marketing Agencies Act , the importation in any form of 
a like article to one produced or marketed in Canada the quantities of which are fixed or determined under that Act; 
 
(c)  [Repealed, 1994, c. 47, s. 220] 
 
(c.1)  to restrict the importation of arms, ammunition, implements or  G/SG/N/1/CAN/3 
 Page 159 
 
 
 munitions of war, army, naval or air stores, or any articles deemed 
capable of being converted thereinto or made useful in the production thereof; 
 
(d)  to implement an action taken under the Agricultural Marketing 
Programmes Act  or the Canadian Dairy Commission Act , with the 
object or effect of supporting the price of the article; 
 
(e)  to implement an intergovernmental arrangement or commitment; or 
 (f)  to prevent the frustration or circumvention of the Agreement on 
Textiles and Clothing in Annex 1A of the World Trade Organization 
Agreement by the importation of goods that are like or directly competitive with goods to which the Agreement on Textiles and 
Clothing applies. 
Statement or summary to 
be laid before Parliament (2) Where any goods are included in th e Import Control List for the purpose 
of ensuring supply or distribution of goods subject to allocation by 
intergovernmental arrangement or for the purpose of implementing an 
intergovernmental arrangement or commitm ent, a statement of the effect or a 
summary of the arrangement or commitment , if it has not previously been laid 
before Parliament, shall be laid before Parliament not later than fifteen days 
after the order of the Governor in C ouncil including those goods in the Import 
Control List is published in the Canada Gazette  pursuant to the Statutory 
Instruments Act  or, if Parliament is not then sitting, on any of the first fifteen 
days next thereafter that either House of Parliament is sitting. 
Addition to Import 
Control List (3) Where at any time it appears to the satisfaction of the Governor in 
Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 20 or 26 of the Canadian 
International Trade Tribunal Act , that goods of any kind are being imported or 
are likely to be imported into Canada at such prices, in such quantities and 
under such conditions as to cause or th reaten serious injury to domestic 
producers of like or directly competitive  goods, any goods of the same kind 
may, by order of the Governor in C ouncil, be included on the Import Control 
List, for the purpose of limiting the importation of such goods to the extent and, 
subject to subsection (7), for the period that in the opinion of the Governor in 
Council is necessary to prevent or remedy the injury. 
Prohibition against 
further orders (3.1) No order may be made under subs ection (3) with respect to goods that 
have already been the subject of an order made under that subsection or 
subsection 55(1) of the Customs Tariff  unless, after the expiry of the order and 
any related orders made under subsecti on (3.2) or (4.1) or under section 60 or 
subsection 63(1) of the Customs Tariff , there has elapsed a period equal to the 
greater of two years and the total period during which the order or orders were 
in effect. 
Extension order (3.2) The Governor in Council may, on the recommendation of the 
Minister, make an extension order including on the Import Control List any 
goods with respect to which an order has been made under this subsection or 
subsection (3) or (4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs Tariff if, at any time before the order expires, it appears to the 
satisfaction of the Governor in Council, as a result of an inquiry made by the G/SG/N/1/CAN/3 
Page 160  
 
 Canadian International Trade Tribunal under section 30.07 of the Canadian 
International Trade Tribunal Act , that 
 
(a)  an order continues to be necessary to prevent or remedy serious injury 
to domestic producers of like or directly competitive goods; and 
 
(b)  there is evidence that the domestic producers are adjusting, as 
determined in accordance with an y regulations made under paragraph 
40(b) of the Canadian International Trade Tribunal Act . 
Period and revocation of 
extension orders (3.3) Every extension order made under subsection (3.2) shall, subject to 
this section, remain in effect for the peri od that is specified in the order, but the 
total of the specified period and th e periods during which the goods were 
previously subject to any related orde rs made under subsection (3), (3.2) or 
(4.1) or under subsection 55(1), section 60 or subsection 63(1) of the Customs 
Tariff  shall not exceed eight years. 
Exception for goods 
imported from a free 
trade partner (4) Notwithstanding subsections (3) and (3.2), an order made under those 
subsections may apply to goods importe d from a free trade partner only if it 
appears to the satisfaction of the G overnor in Council, on a report of the 
Minister made on the basis of an inquiry under section 20, 26 or 30.07 of the Canadian International Trade Tribunal Act , that 
 
(a)  the quantity of those goods represents  a substantial share of the quantity 
of goods of the same kind importe d into Canada from all countries; 
 (b)  in the case of goods imported from a NAFTA country, the quantity of 
those goods, alone or, in exceptional circumstances, together with the 
quantity of goods of the same kind imported from each other NAFTA country, contributes importantly to the serious injury or threat of 
serious injury to domestic producers of like or directly competitive 
goods; and 
 
(c)  in the case of goods imported from any other free trade partner, the 
quantity of those goods contributes importantly to the serious injury or threat of serious injury to domestic producers of like or directly 
competitive goods. 
(4.01) to (4.05) [Repealed, 1997, c. 14, s. 72] 
New order with respect 
to goods imported from a free trade partner (4.1) If an order has been made under subsection (3) or (3.2) that does not, 
by virtue of subsection (4), apply to  goods imported from a free trade partner 
and it appears to the satisfaction of the Governor in Council, on a report of the 
Minister made on the basis of an inqui ry under section 30.01 or 30.011 of the 
Canadian International Trade Tribunal Act , that 
 
(a)  there has been a surge of like goods imported from that free trade 
partner on or after the coming into force of the order, and 
 
(b)  as a result of the surge, the e ffectiveness of the order is being 
undermined, 
 
  G/SG/N/1/CAN/3 
 Page 161 
 
 
 any goods of the same kind imported into  Canada from that free trade partner 
may, by order of the Governor in C ouncil, be included on the Import Control 
List for the purpose of limiting their importation to prevent the undermining of 
the effectiveness of the order made under subsection (3) or (3.2). 
Order to specify (4.2) An order made under subsection (3) or (3.2) must state whether it 
applies to goods imported from a free trade partner. 
Addition to Import 
Control List (4.3) If at any time it appears to the satisfaction of the Governor in Council 
that it is advisable to collect informa tion with respect to goods imported from a 
free trade partner, the Governor in Council may, by order, include those goods 
on the Import Control List in order to facilitate the collection of that information if those goods are goods 
 
(a)  to which an order made under subsection (3) or (3.2) does not apply by 
virtue of subsection (4); or 
 
(b)  to which an order made under subsection 55(1) or 63(1) of the Customs 
Tariff  does not apply because the goods did not meet the conditions set 
out in subsection 59(1) or 63(4) of that Act. 
Revocation or 
amendment of inclusion 
order (4.4) If at any time it appears to the satisfaction of the Governor in Council 
that an order including any goods on the Import Control List under subsection 
(3), (3.2) or (4.1) should be revoked or  amended, the Gover nor in Council may, 
on the recommendation of the Minister, by order, revoke the order or amend it. 
(4.5) to (4.92) [Repealed, 1997, c. 14, s. 72] 
Addition to Import 
Control List (5) Where at any time it appears to the satisfaction of the Governor in 
Council on a report of the Minister made as described in subsection (3) that 
goods of any kind are being imported or are likely to be imported into Canada 
at such prices, in such quantities a nd under such conditions as to make it 
advisable to collect information with respect to the importation of those goods 
in order to ascertain whether the importati on is causing or threatening injury to 
domestic producers of like or directly competitive goods, any goods of the same 
kind may, by order of the Governor in Council, be included on the Import 
Control List in order to facilitate the collection of that information. 
Addition to Import 
Control List (6) If, for the purpose of facilitating the implementation of action taken 
under subsection 14(2), section 35,  39 or 43, paragraph 53(2)( d), subsection 
55(1), section 60 or subsection 63(1) or 82(1) of the Customs Tariff , the 
Governor in Council considers it necessar y to control the importation of any 
goods or collect information with respect to their importation, the Governor in 
Council may, by order, include those goods on the Import Control List for that 
purpose. 
Goods deemed to be 
removed from List (7) Where goods are included on the Import Control List by order of the 
Governor in Council under subsection (3), (5) or (6), the goods shall be deemed 
to be removed from that List 
 
(a)  on the expiration of the period of f our years after the day on which they 
are included on the List by the order; or 
 G/SG/N/1/CAN/3 
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(b)  if the order specifies a day prior to the expiration of the period referred 
to in paragraph ( a) on which they shall be deemed to be removed from 
that List, on the day specified in the order. 
(7.1) and (7.2) [Repealed, 1997, c. 14, s. 72] 
Goods imported from a 
free trade partner (8) If goods imported from a free trade partner are included on the Import 
Control List by order of the Gover nor in Council under subsection (4.1) or 
(4.3), the goods are deemed to be removed from that List on the earlier of 
 
(a)  the day specified in the order, and 
 
(b)  the day on which 
 
(i)  in the case of an order under s ubsection (4.1) or under subsection 
(4.3) in respect of goods referred to in paragraph (4.3)( a), goods of 
the same kind imported from any other country that were included on that List by an order made under subsection (3) are removed 
from that List, and 
 (ii)  in the case of an order under subsection (4.3) in respect of goods 
referred to in paragraph (4.3)( b), the order under subsection 55(1) or 
63(1) of the Customs Tariff  that applies to goods of the same kind 
imported from any other country ceases to have effect. 
(9) [Repealed, 1997, c. 14, s. 72] 
R.S., 1985, c. E-19, s. 5; R.S., 1985, c. 1 (2nd Supp.), s. 213, c. 41 (3rd Supp.), 
s. 127, c. 47 (4th Supp.), s. 52; 1988, c. 65, s. 117; 1993, c. 34, s. 67, c. 44, s. 
147; 1994, c. 47, ss. 103, 220; 1996, c. 33, s. 59; 1997, c. 14, s. 72, c. 20, s. 54, c. 36, s. 208. 
Addition to Export 
Control List or Import 
Control List   5.1 (1) Where at any time it appears to the satisfaction of the Governor in 
Council that it is advisable to collect information with respect to the exportation or importation of a certain type of steel or a certain product made of steel that 
is, in the opinion of the Minister, traded  in world markets in circumstances of 
surplus supply and depressed prices and where a significant proportion of world 
trade in that type of steel or that produc t is subject to control through the use of 
non-tariff measure, the Governor in Council may, by order, include, subject to 
subsection (2), that type of steel or that product on the Export Control List or 
the Import Control List or on both for the purpose of facilitating the collection 
of that information. 
Deemed removal from 
List (2) Where any type of steel or any product has been included on the Export 
Control List or the Import Control List  by order of the Governor in Council 
under subsection (1), that type of steel or  that product shall be deemed to be 
removed from the applicable List on the expiration of the period of three years 
from the day on which it was included on that List or on such day prior to the 
expiration of that period as may be specified in the order. 
Tabling of statistical 
summary in Parliament (3) The Minister shall, as soon as possible after the end of each calendar 
year, prepare a statistical summary of any information collected during that year 
pursuant to subsection (1) and shall cause a copy of that summary to be laid  G/SG/N/1/CAN/3 
 Page 163 
 
 
 before each House of Parliament forthwith on the completion thereof or, if 
either House of Parliament is not then sitting, on any of the first fifteen days 
next thereafter that it is sitting. 
R.S., 1985, c. 13 (3rd Supp.), s. 1. 
5.11 [Repealed, 1997, c. 14, s. 73] 
Addition to Export 
Control List or Import 
Control List   5.2 (1) If at any time it appears to the satisfaction of the Governor in 
Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of  which a specified quantity is eligible 
each year for the rate of duty provided for in the Schedules to Annex 302.2 of 
NAFTA in accordance with Appendix 6 of Annex 300-B of NAFTA, for the rate of duty provided for in the Schedules to Annex C-02.2 of CCFTA in 
accordance with Appendix 5.1 of Annex C-00-B of CCFTA or for the rate of 
duty provided for in the Schedule to Annex III.3.1 of CCRFTA in accordance with Appendix III.1.6.1 of Annex III.1 of CCRFTA, as the case may be, the 
Governor in Council may, by order and without reference to that quantity, 
include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information. 
Addition to Import 
Control List (2) If at any time it appears to the satisfaction of the Governor in Council 
that, for the purposes of implementing NAFTA, CCFTA or CCRFTA it is advisable to collect information with r espect to the importation into Canada of 
any goods listed in Appendix 1.1 of Annex 300-B of NAFTA, in Appendix 1.1 
of Annex C-00-B of CCFTA or in A ppendix III.1.1.1 of Annex III.1 of 
CCRFTA as the case may be, the Governor in Council may, by order, include 
those goods on the Import Control List in order to facilitate the collection of that information. 
Addition to Import 
Control List (3) If at any time it appears to the satisfaction of the Governor in Council 
that it is advisable to collect informati on with respect to the importation of any 
goods in respect of which a specified qua ntity is eligible for any reduction of 
customs duty under subsection 49(1) of the Customs Tariff  or a reduction of the 
rate of customs duty under subsection 74( 3) of that Act, the Governor in 
Council may, by order and without reference to that quantity, include those 
goods on the Import Control List in order to facilitate the collection of that 
information. 1988, c. 65, s. 118; 1997, c. 14, s. 73, c. 36, s. 209; 2001, c. 28, s. 48. 
Addition to Import 
Control List to 
implement Agreement on 
Agriculture   5.3 Where at any time it appears to the satisfaction of the Governor in 
Council that, for the purpose of implementing the Agreement on Agriculture in Annex 1A of the World Trade Organiza tion Agreement, it is advisable to 
control the importation of goods or collect information with respect to the 
importation of goods, the Gove rnor in Council may, by order, include the goods 
on the Import Control List. 
1994, c. 47, s. 104. 
Definitions   5.4 (1) The following definitions apply in this section. 
"action" « mesure  » "action" means 
 
(a)  any action, including a provisional action, taken 
 G/SG/N/1/CAN/3 
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 (i)  
by the People's Republic of China to prevent or remedy market 
disruption in a WTO Member other than Canada, or 
 
 (ii)  by a WTO Member other than Canada to withdraw concessions 
under the World Trade Organization Agreement or otherwise to 
limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods 
originating in the People's Republic of China; or 
 
(b)  any combination of actions  referred to in paragraph ( a). 
"market disruption" 
« désorganisation du 
marché  » "market disruption" means a rapid increase in the importation of goods that are 
like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the pr oduction of those goods by a domestic 
industry, so as to be a significant cause of material injury, or threat of 
material injury, to the domestic industry. 
"significant cause" 
« cause importante  » "significant cause" means, in respect of a material injury or threat thereof, an 
important cause that need not be as important as, or more important than, 
any other cause of the material injury or threat. 
"WTO Member" 
« membre de l'OMC  » "WTO Member" means a Member of the World Trade Organization established 
by Article I of the Agreement Estab lishing the World Trade Organization, 
signed at Marrakesh on 15 April 1994. 
Addition to Import 
Control List -- market 
disruption (2) If at any time it appears to the sa tisfaction of the Governor in Council, 
on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal unde r section 30.21 or 30.22 of the Canadian 
International Trade Tribunal Act , that goods originating in the People's 
Republic of China are being imported or are likely to be imported into Canada 
in such increased quantities or under such conditions that they cause or threaten 
to cause market disruption to domestic pr oducers of like or directly competitive 
goods, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such 
goods to the extent and for the period that in the opinion of the Governor in 
Council is necessary to prevent or  remedy the market disruption. 
Addition to Import 
Control List -- trade diversion (3) If at any time it appears to the sa tisfaction of the Governor in Council, 
on a report of the Minister made pursuant to an inquiry made by the Canadian 
International Trade Tribunal unde r section 30.21 or 30.23 of the Canadian 
International Trade Tribunal Act , that an action causes or threatens to cause a 
significant diversion of trade into the domestic market in Canada, any goods 
originating in the People's Republic of Ch ina may, by order of the Governor in 
Council, be included on the Import Control List, for the purpose of limiting the 
importation of such goods to the extent that is necessary to prevent or remedy 
the trade diversion. 
Extension order (4) The Governor in Council may, on the recommendation of the Minister, 
make an extension order including on th e Import Control List any goods with 
respect to which an order has been made  under this subsection or subsection (2) 
or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the 
order expires, it appears to the satisfa ction of the Governor in Council, as a G/SG/N/1/CAN/3 
 Page 165 
 
 
 result of an inquiry made by the Cana dian International Trade Tribunal under 
subsection 30.25(7) of the Canadian International Trade Tribunal Act , that an 
order continues to be necessary to prevent or remedy market disruption to 
domestic producers of like or directly competitive goods. 
Repeal or amendment of 
inclusion order (5) If at any time it appears to the satisfaction of the Governor in Council 
that an order including any goods on the Import Control List under subsection 
(2), (3) or (4) should be repealed or amended, the Governor in Council may, on 
the recommendation of the Minister, by order, repeal or amend the order. 
Addition to Import 
Control List (6) If at any time it appears to the sa tisfaction of the Governor in Council, 
on a report of the Minister made as described in subsection (2), that goods originating in the People's Republic of China are being imported or are likely to 
be imported into Canada at such prices, in such quantities or under such 
conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is 
causing or threatening to cause market disruption to domestic producers of like 
or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Contro l List in order to facilitate the 
collection of that information. 
Addition to Import 
Control List (7) If at any time it appears to the sa tisfaction of the Governor in Council, 
on a report of the Minister made as described in subsection (3), that an action 
causes or threatens to cause a significant  diversion of trade into the domestic 
market in Canada so as to make it advisab le to collect information with respect 
to goods originating in the People's Re public of China in order to ascertain 
whether the action causes or threatens to  cause a significant diversion of trade 
into the domestic market in Canada, t hose goods may, by order of the Governor 
in Council, be included on the Import C ontrol List in order to facilitate the 
collection of that information. 
Addition to Import 
Control List (8) If, for the purpose of facilitating the implementation of an order made 
under section 77.1, 77.3 or 77.6 of the Customs Tariff , the Governor in Council 
considers it necessary to control the importation of goods originating in the People's Republic of China or collect  information with respect to their 
importation, the Governor in Council may,  by order, include those goods on the 
Import Control List for that purpose. 
Goods deemed to be 
removed from List (9) If goods are included on the Import Control List by order of the 
Governor in Council under subsection (8),  the goods shall be deemed to be 
removed from that List on the earlier of 
 
(a)  the day, if any, specified in that order, and 
 (b)  the day on which the order made under section 77.1, 77.3 or 77.6 of the 
Customs Tariff ceases to have effect or is repealed pursuant to section 
77.2, 77.3 or 77.4 of that Act, as the case may be. 
Expiry date (10) Subsections (1) to (9) cease to have effect on 11 December 2013. 
2002, c. 19, s. 13. 
 
  G/SG/N/1/CAN/3 
Page 166  
 
 Amendment of lists   6. The Governor in Council may revoke, amend, vary or re-establish any 
Area Control List, Automatic Firearms Country Control List, Export Control List or Import Control List. 
R.S., 1985, c. E-19, s. 6; 1991, c. 28, s. 3. 
  
BILATERAL EMERGENCY MEASURES: TEXTILE  
AND APPAREL GOODS 
 
Definition of "originating 
goods"   6.1 (1) In this section, "originating goods" means goods that are entitled 
under the Customs Tariff to the United States Tariff, the Mexico Tariff, the 
Mexico--United States Tariff, the Chile Tariff or the Costa Rica Tariff. 
When Minister may take 
measures (2) If at any time it appears to the satis faction of the Minister that any goods 
that are referred to in paragraph ( a) or ( b) and are not originating goods are 
being imported from a NAFTA country, from Chile or from Costa Rica, as the 
case may be, in such increased quantiti es, measured in absolute terms or 
relative to the domestic market, and un der such conditions as to cause serious 
damage or actual threat of serious damage to domestic producers of like or 
directly competitive goods, the Minister may take the measures set out 
 
(a)  in the case of goods listed in A ppendix 1.1 of Annex 300-B of NAFTA 
that are imported from a NAFTA country, in section 5 of that Annex in 
relation to those goods; 
 
(b)  in the case of goods listed in Appendix 1.1 of Annex C-00-B of 
CCFTA that are imported from Chile, in section 4 of that Annex in 
relation to those goods; and 
 (c)  in the case of goods listed in A ppendix III.1.1.1 of  Annex III.1 of 
CCRFTA that are imported from Costa Rica, in section 5 of that Annex 
in relation to those goods. 
Factors to be considered (3) In determining whether the conditions referred to in subsection (2) exist, 
the Minister shall have regard to pa ragraph 2 of section 4 of Annex 300-B of 
NAFTA, paragraph 2 of section 3 of A nnex C-00-B of CCFTA or paragraph 2 
of section 4 of Annex III.1 of CCRFTA, as the case may be. 
1993, c. 44, s. 149; 1994, c. 47, s. 105(F); 1997, c. 14, s. 74, c. 36, s. 210; 2001, 
c. 28, s. 49. 
 
IMPORT ACCESS 
Determination of 
quantities   6.2 (1) Where any goods have been included on the Import Control List for 
the purpose of implementing an intergovernmental arrangement or commitment, the Minister may determine import access quantities, or the basis 
for calculating them, for the purposes of subsection (2) and section 8.3 of this 
Act and for the purposes of the Customs Tariff . 
Allocation method (2) Where the Minister has determined  a quantity of goods under subsection 
(1), the Minister may  G/SG/N/1/CAN/3 
 Page 167 
 
 
  
(a)  by order, establish a method for allocat ing the quantity to residents of 
Canada who apply for an allocation; and 
 
(b)  issue an allocation to any reside nt of Canada who applies for the 
allocation, subject to the regulati ons and any terms and conditions the 
Minister may specify in the allocation. 
Transfer of allocation (3) The Minister may consent to the transfer of an import allocation from 
one resident of Canada to another. 
1994, c. 47, s. 106. 
 
PERMITS AND CERTIFICATES 
Export permits   7. (1) Subject to subsection (2), the Minister may issue to any resident of 
Canada applying therefor a permit to  export goods included in an Export 
Control List or goods to a country included in an Area Control List, in such 
quantity and of such quality, by such pe rsons, to such places or persons and 
subject to such other terms and conditions as are described in the permit or in the regulations. 
General permits (1.1) Notwithstanding subsection (1), the Minister may, by order, issue 
generally to all residents of Canada a general permit to export to any country 
specified in the permit any goods included on the Export Control List that are 
specified in the permit, subject to such  terms and conditions as are described in 
the permit. 
Export permit for 
automatic firearm (2) The Minister may not issue a permit under subsection (1) to export any 
thing referred to in any of paragraphs 4.1( a) to ( c), or any component or part of 
such a thing, that is included  in an Export Control List unless 
 
(a)  the export is to a country include d in an Automatic Firearms Country 
Control List; and 
 
(b)  the prohibited weapon or component or part thereof is exported to the 
government of, or a consignee authorized by the government of, that 
country. 
R.S., 1985, c. E-19, s. 7; 1991, c. 28, s. 3; 1994, c. 47, s. 107; 1995, c. 39, s. 172. 
Import permits   8. (1) The Minister may issue to any resident of Canada applying therefor a 
permit to import goods included in an Import Control List, in such quantity and of such quality, by such persons, from such places or persons and subject to 
such other terms and conditions as are described in the permit or in the 
regulations. 
General permits (1.1) Notwithstanding subsection (1), the Minister may, by order, issue 
generally to all residents of Canada  a general permit to import any goods 
included on the Import Control List that are specified in the permit, subject to 
such terms and conditions as are described in the permit. G/SG/N/1/CAN/3 
Page 168  
 
 Import permits (2) Notwithstanding subsection (1) a nd any regulation made under section 
12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting 
information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8), the 
Minister shall issue to any resident of  Canada applying therefor a permit to 
import those goods, subject only to compliance with and the application of any 
regulations made under section 12 that it is reasonably necessary to comply 
with or apply in order to achieve that purpose. 
(2.1) and (2.2) [Repealed, 1997, c. 14, s. 75] 
Goods imported from a 
free trade partner (3) If an order has been made under subsec tion 5(3) or (3.2) that applies, by 
virtue of subsection 5(4), to goods imported from a free trade partner, or an 
order has been made under subsection 5(4.1), the Minister shall, in determining 
whether to issue a permit under this section, be guided by subparagraph 5( b) of 
Article 802 of NAFTA, subparagraph 5( b) of Article F-02 of CCFTA or 
subparagraph 5( b) of Article 4.6 of CIFTA, as the case may be. 
(4) [Repealed, 1997, c. 14, s. 75] 
R.S., 1985, c. E-19, s. 8; 1988, c. 65, s. 119; 1993, c. 44, s. 150; 1994, c. 47, s. 
108; 1996, c. 33, s. 60; 1997, c. 14, s. 75; 2002, c. 19, s. 14. 
Import and export 
permits   8.1 Notwithstanding section 7, subsecti on 8(1) and any regulation made 
pursuant to section 12 that is not compa tible with the purpose of this section, 
where a certain type of steel or a product made of steel is included on the 
Export Control List or the Import Control List solely for the purpose described 
in subsection 5.1(1), the Minister shall issue to any resident of Canada applying 
therefor a permit to export or import, as the case may be, that type of steel or that product, subject only to compliance with and the application of such 
regulations made pursuant to section 12 as it is reasonably necessary to comply 
with or apply in order to achieve that purpose. R.S., 1985, c. 13 (3rd Supp.), s. 2. 
Minister to issue permit   8.2 Notwithstanding section 7, subsecti on 8(1) and any regulation made 
pursuant to section 12 that is not compatible with the purpose of this section, if goods are included on the Export Control List or the Import Control List solely 
for the purpose described in subsection 5. 2(1), (2) or (3), the Minister shall 
issue to any resident of Canada applying  therefor a permit to export or import, 
as the case may be, those goods, subject only to compliance with and the 
application of such regulations ma de under section 12 as it is reasonably 
necessary to comply with or apply in order to achieve that purpose. 1988, c. 65, s. 120; 1993, c. 44, s. 151; 1997, c. 14, s. 76. 
Import permits --  
allocation   8.3 (1) Notwithstanding subsection 8(1), where goods have been included 
on the Import Control List for the purpose of implementing an intergovernmental arrangement or commit ment and the Minister has determined 
an import access quantity for the goods pursuant to subsection 6.2(1), the 
Minister shall issue a permit to import those goods to any resident of Canada 
who has an import allocation for the goods  and applies for the permit, subject 
only to compliance with and the applica tion of such regulations made pursuant 
to section 12 as it is reasonably necessary to  comply with or apply in order to 
achieve that purpose.  G/SG/N/1/CAN/3 
 Page 169 
 
 
 Import permits -- no 
allocation (2) Notwithstanding subsection 8(1), where goods have been included on 
the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment and the Minister has determined an import access 
quantity for the goods pursuant to subsection 6.2(1), but has not issued import 
allocations for the goods, the Minister shall 
 
(a)  if in the opinion of the Minister  the import access quantity has not been 
exceeded, issue a permit to import those goods to any resident of 
Canada who applies for the permit, or 
 (b)  issue generally to all residents of Canada a genera l permit to import 
those goods, 
 
subject only to compliance with and the application of such regulations made 
pursuant to section 12 as it is reasonably necessary to comply with or apply in 
order to achieve that purpose. 
Supplemental import 
permits (3) Notwithstanding subsection 8(1) a nd subsections (1) and (2) of this 
section, where goods have been included on the Import Control List and the 
Minister has determined an import access quantity for the goods pursuant to 
subsection 6.2(1), the Minister may issue 
 
(a)  a permit to import those goods in a supplemental quantity to any 
resident of Canada who applies for the permit, or 
 (b)  generally to all residents of Ca nada a general permit to import those 
goods in a supplemental quantity, 
 
subject to such terms and conditions as are described in the permit or in the 
regulations. 
1994, c. 47, s. 109. 
Import certificates   9. The Minister may, in order to facilitate importation of goods into Canada 
and compliance with the laws of the country  of export, issue to any resident of 
Canada applying therefor an import certificate stating that the applicant has undertaken to import the goods described  in the certificate within the time 
specified therein and containing such other information as the regulations 
require. R.S., c. E-17, s. 9. 
9.01 [Repealed, 1997, c. 14, s. 77] 
Minister may issue 
certificate   9.1 The Minister may, for the purpose of implementing an 
intergovernmental arrangement with  a NAFTA country respecting the 
administration of Appendix 6 to Annex 300-B of NAFTA, with Chile respecting the administration of Appendix 5.1 to Annex C-00-B of CCFTA or 
with Costa Rica respecting the admi nistration of Appendix III.1.6.1 to 
Annex III.1 of CCRFTA, issue a certificate with respect to an exportation of goods to the NAFTA country, to Chile or  to Costa Rica, as the case may be, 
stating the specific quantity of those goods that 
 G/SG/N/1/CAN/3 
Page 170  
 
  
(a)  in the case of an exportation of goods to the NAFTA country, on 
importation into the NAFTA country is  eligible for the rate of duty 
provided for in the Schedules to Annex 302.2 of NAFTA in accordance 
with Appendix 6 to Annex 300-B of NAFTA; 
 
(b)  in the case of an exportation of goods to Chile, on importation into 
Chile is eligible for the rate of duty provided for in the Schedules to 
Annex C-02.2 of CCFTA in accordance with Appendix 5.1 to Annex 
C-00-B of CCFTA; and 
 
(c)  in the case of an exportation of goods to Costa Rica, on importation 
into Costa Rica is eligible for the rate of duty provided for in the Schedules to Annex III.3.1 of CCRFTA in accordance with 
Appendix III.1.6.1 to Annex III.1 of CCRFTA. 
1988, c. 65, s. 121; 1997, c. 14, s. 77; 2001, c. 28, s. 50. 
Minister may issue 
certificate   9.2 For the purpose of implementing an  intergovernmental arrangement 
with any country or customs territory respecting the administration of any 
limitation imposed on the quantity of goods  that may be imported into that 
country or customs territory in any period, the Minister may issue to any 
resident of Canada who applies, a certificate with respect to an exportation of 
the goods to the country or customs territory stating the specific quantity of the 
goods in the shipment in respect of wh ich the certificate is issued that, on 
importation into the country or customs territory, is eligible for the benefit 
provided for goods imported within that limitation. 
1994, c. 47, s. 110. 
Alteration of permits, etc.  10. (1) Subject to subsection (3), the Minister may amend, suspend, cancel 
or reinstate any permit, import allocation, certificate or other authorization 
issued or granted under this Act. 
Alteration of permits, etc. (2) If a permit has been issued under  this Act to any person for the 
exportation or importation of goods that  have been included on the Export 
Control List or the Import Control List  solely for the purpose described in 
subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8), and 
 
(a)  the person furnished, in or in c onnection with his application for the 
permit, information that was false or misleading in a material particular,
 
(b)  the Minister has, subsequent to the issuance of the permit and on the 
application of the person, issued to the person under this Act another 
permit for the exportation or the importation of the same goods, 
 (c)  the goods have, subsequent to the issuance of the permit, been included 
on the Export Control List or the Import Control List for a purpose 
other than that described in subsecti on 5(4.3), (5) or (6), 5.1(1), 5.2(1), 
(2) or (3) or 5.4(6), (7) or (8), 
 
(d)  it becomes necessary or desirable to correct an error in the permit, or 
 
  G/SG/N/1/CAN/3 
 Page 171 
 
 
 (e)  the person agrees to the amendmen t, suspension or cancellation of the 
permit, 
 
the Minister may amend, suspend or cancel the permit, as is appropriate in the 
circumstances. 
Idem (3) Except as provided in subsection (2), the Minister shall not amend, 
suspend or cancel a permit that has b een issued under this Act in the 
circumstances described in that subsect ion unless to do so would be compatible 
with the purpose of subsection 8(2) or secti on 8.1 or 8.2, namely, that permits to 
export or to import goods that have been included on the Export Control List or the Import Control List in those circumst ances be issued as freely as possible to 
persons wishing to export or im port those goods and with no more 
inconvenience to those persons than is necessary to achieve the purpose for 
which the goods were placed on that List. 
R.S., 1985, c. E-19, s. 10; R.S., 1985, c. 13 (3rd Supp.), s. 3; 1988, c. 65, s. 122; 
1993, c. 44, s. 153; 1994, c. 47, s. 111; 1996, c. 33, s. 61; 1997, c. 14, s. 78; 2002, c. 19, s. 15. 
Other lawful obligations 
not affected by permit, 
etc.  11. A permit, certificate or other authori zation issued or granted under this 
Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law 
or to pay any tax, duty, toll, impost or other sum required by any law to be paid 
in respect of the exportation or importation of goods. 
R.S., c. E-17, s. 11. 
 
REGULATIONS 
Regulations   12. The Governor in Council may make regulations 
 
(a)  prescribing the information and undertakings to be furnished by 
applicants for permits, import allo cations, certificates or other 
authorizations under this Act, the procedure to be followed in applying 
for and issuing or granting permits, import allocations, certificates or other authorizations, the duration th ereof, and the terms and conditions, 
including those with reference to shipping or other documents, on 
which permits, import allocations, certificates or other authorizations may be issued or granted under this Act; 
 
(a.1)  respecting the considerations that the Minister must take into account 
when deciding whether to issue an import allocation or consent to its 
transfer; 
 
(b)  respecting information to be s upplied by persons to whom permits, 
import allocations, certificates or other authorizations have been issued or granted under this Act and any other matter associated with their use;
 
(c)  respecting the issue of, and conditions or requirements applicable to, 
general permits or general certificates; 
 
(c.01)  [Repealed, 1999, c. 31, s. 90] G/SG/N/1/CAN/3 
Page 172  
 
 (c.02)  respecting the considerations that the Minister must take into 
account when deciding whether to issue a certificate under section 9.2; 
 
(c.1)  providing for considerations to be taken into account by the Minister 
in the issuance of certificates under section 9.1; 
 (c.2)  defining "origin" for the pur poses of this Act or any provision 
thereof; 
 (c.3)  respecting the application, for the purposes of this Act or any 
provision thereof, of any regulations made under the Customs Tariff
respecting the origin of goods; 
 
(d)  respecting the certification, authorization or other control of any in-
transit movement through any port or place of any goods that are exported from Canada or of any goods that come into any port or place 
in Canada; 
 (e)  exempting any person or goods or any class of persons or goods from 
the operation of any or all of the provisions of this Act; and 
 
(f)  generally, for carrying out the purposes and provisions of this Act. 
R.S., 1985, c. E-19, s. 12; 1988, c. 65, s. 123; 1993, c. 44, s. 154; 1994, c. 47, s. 112; 1999, c. 31, s. 90. 
 
PROHIBITIONS 
Export or attempt to 
export   13. No person shall export or attempt to export any goods included in an 
Export Control List or any goods to any country included in an Area Control 
List except under the authority of and in accordance with an export permit 
issued under this Act. R.S., c. E-17, s. 13. 
Import or attempt to 
import   14. No person shall import or attempt to import any goods included in an 
Import Control List except under the authority of and in accordance with an import permit issued under this Act. 
R.S., c. E-17, s. 14. 
Diversion, etc.   15. (1) Subject to subsection (2), except with the authority in writing of the 
Minister, no person shall knowingly do anything in Canada that causes or 
assists or is intended to cause or assist any shipment, transhipment or diversion 
of any goods included in an Export Control List to be made, from Canada or 
any other place, to any country in cluded in an Area Control List. 
Diversion, etc., of 
automatic firearms (2) No person shall knowingly do anything in Canada that causes or assists 
or is intended to cause or assist any shipment, transhipment or diversion of any 
thing referred to in any of paragraphs 4.1( a) to ( c), or any component or part 
designed exclusively for assembly into su ch a thing, that is included in an 
Export Control List, from Canada or any ot her place, to any country that is not 
included in an Automatic Firearms Country Control List.  G/SG/N/1/CAN/3 
 Page 173 
 
 
 R.S., 1985, c. E-19, s. 15; 1991, c. 28, s. 4; 1995, c. 39, s. 173. 
No transfer or 
unauthorized use of 
permits   16. No person who is authorized under a permit issued under this Act to 
export or import goods shall transfer the perm it to, or allow it to be used by, a 
person who is not so authorized. 
R.S., c. E-17, s. 16. 
Transfers or 
unauthorized use of 
import allocations   16.1 No person who has been issued an import allocation shall, without the 
consent of the Minister, transfer it or allow it to be used by another person. 1994, c. 47, s. 113. 
False or misleading 
information, and 
misrepresentation   17. No person shall wilfully furnish any false or misleading information or 
knowingly make any misrepresentation in any application for a permit, import allocation, certificate or other authorization under this Act or for the purpose of 
procuring its issue or grant or in conn ection with any subsequent use of the 
permit, import allocation, certificate or other authorization or the exportation, 
importation or disposition of goods to which it relates. 
R.S., 1985, c. E-19, s. 17; 1994, c. 47, s. 114. 
Aiding and abetting   18. No person shall knowingly induce, ai d or abet any person to contravene 
any of the provisions of this Act or the regulations. 
R.S., c. E-17, s. 18. 
 
OFFENCE AND PUNISHMENT 
Offence and penalty   19. (1) Every person who contravenes any provision of this Act or the 
regulations is guilty of 
 
(a) an offence punishable on summary conviction and liable to a fine not 
exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding twelve months, or to both; or 
 
(b)  an indictable offence and liable to a fine in an amount that is in the 
discretion of the court or to imprisonment for a term not exceeding ten 
years, or to both. 
Limitation period (2) A prosecution under paragraph (1)( a) may be instituted at any time 
within but not later than three years af ter the time when the subject-matter of 
the complaint arose. 
Factors to be considered 
when imposing sentence (3) Where an offender is convicted or discharged under section 730 of the 
Criminal Code  in respect of an offence under this Act or the regulations, the 
court imposing a sentence on, or dischargi ng, the offender shall, in addition to 
considering any other relevant factors, consider the nature and value of the 
exported or imported goods that are the subject-matter of the offence. 
R.S., 1985, c. E-19, s. 19; 1991, c. 28, s. 5; 1995, c. 22, s. 18. 
Officers, etc., of 
corporations   20. Where a corporation commits an offe nce under this Act, any officer or 
director of the corporation who directed, authorized, assented to, acquiesced in 
or participated in the commission of the offence is a party to and guilty of the 
offence and is liable on conviction to the punishment provided for the offence 
whether or not the corporation has been prosecuted or convicted. G/SG/N/1/CAN/3 
Page 174  
 
 R.S., c. E-17, s. 20. 
Applicant for permit for 
non-resident   21. Where a permit under this Act is issu ed to a person who has applied for 
it for, on behalf of, or for the use of, a nother person who is not a resident of 
Canada and that other person commits an offence under this Act, the person 
who applied for the permit is, whethe r or not the non-resident has been 
prosecuted or convicted, guilty of the like offence and liable, on conviction, to 
the punishment provided for the offence, on proof that the act or omission constituting the offence took place with th e knowledge or consent of the person 
who applied for the permit or that th e person who applied therefor failed to 
exercise due diligence to preven t the commission of the offence. 
R.S., c. E-17, s. 21. 
Venue   22. (1) Any proceeding in respect of an offence under this Act may be 
instituted, tried or determined at the place in Canada where the offence was 
committed or at the place in Canada in which the person charged with the 
offence is, resides or has an office or pl ace of business at th e time of institution 
of the proceedings. 
Proceedings respecting 
more than one offence (2) In any proceedings in respect of offences under this Act, 
 
(a)  an information may include more than one offence committed by the 
same person; 
 
(b)  all the offences included in the information may be tried concurrently; 
 
(c)  one conviction for any or all o ffences so included may be made; and 
 
(d)  no information, warrant, summons, conviction or other proceedings for 
those offences shall be deemed objectionable on the ground that it relates to two or more offences. 
R.S., c. E-17, s. 22. 
Evidence   23. (1) The original or a copy of a bill of lading, customs form, commercial 
invoice or other document, in this section called a "shipping document", is 
admissible in evidence in any prosecution under this Act in respect of goods 
where it appears from the shipping document that 
 
(a)  the goods were sent or shipped fro m Canada or came into Canada; 
 (b)  a person, as shipper, consignor or consignee, sent or shipped the goods 
from Canada or brought goods into Canada; or 
 
(c)  the goods were sent to a destination or person other than as authorized 
in any export or import permit relating to the goods. 
Proof of the facts (2) In the absence of ev idence to the contrary, a shipping document that is 
admissible in evidence under subsection (1) is proof of any of the facts set out 
in paragraph (1)( a), (b) or ( c) that appear from the shipping document. 
R.S., c. E-17, s. 23. 
 
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 GENERAL 
Customs officers' duties   24. All officers, as defined in the Customs Act , before permitting the export 
or import of any goods, shall satisfy them selves that the exporter or importer, as 
the case may be, has not contravened any of the provisions of this Act or the 
regulations and that all requirements of  this Act and the regulations with 
reference to those goods have been complied with. 
R.S., 1985, c. E-19, s. 24; R.S., 1985, c. 1 (2nd Supp.), s. 213. 
Application of powers 
under the Customs Act   25. All officers, as defined in the Customs Act , have, with respect to any 
goods to which this Act applies, all the powers they have under the Customs Act
with respect to the importation and expo rtation of goods, and all the provisions 
of that Act and the regulations thereunder respecting search, detention, seizure, 
forfeiture and condemnation apply, with such modifications as the 
circumstances require, to any goods that  are tendered for export or import or 
exported or imported or ot herwise dealt with contrary to this Act and the 
regulations and to all documen ts relating to those goods. 
R.S., 1985, c. E-19, s. 25; R.S., 1985, c. 1 (2nd Supp.), s. 213. 
Certain officers deemed 
customs officers   26. For the purposes of section 108 of the Customs Act , all officers of the 
Department of Foreign Affairs and In ternational Trade employed in the 
administration of this Act shall be deemed to be officers as defined in 
subsection 2(1) of the Customs Act . 
R.S., 1985, c. E-19, s. 26; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1995, c. 5, s. 26. 
 
REPORT TO PARLIAMENT 
Annual report   27. As soon as practicable after 31 December of each year, the Minister 
shall prepare and lay before Parliament a report of the operations under this Act 
for that year. 
R.S., c. E-17, s. 26. 
RELATED PROVISION 
-- 1991, c. 28, s. 13: 
Transitional "13. Where, before the coming into force of subsection 5(2) of this Act, a person 
has committed an offence under the Export and Import Permits Act  but a sentence 
has not been imposed on the person for that offence, a sentence shall be imposed on 
that person in accordance with subsecti on 19(3) of that Act, as enacted by 
subsection 5(2) of this Act."   
 
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