Bill C-35

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Acceptance of further undertakings	51.1 If an investigation has been suspended under subparagraph 50(a)(iii), the Deputy Minister may accept an undertaking in respect of dumped or subsidized goods from an exporter or government that had not previously offered an undertaking in respect of the goods that was accepted by the Deputy Minister under subsection 49(1) if the Deputy Minister is of the opinion that observance of the undertaking will not cause
	(a) if the undertaking is given by an exporter, the price at which the goods are sold to importers in Canada by the exporter to increase by more than the estimated margin of dumping of the goods or the estimated amount of subsidy on the goods; or
	(b) if the undertaking is given by the government of a country, the price at which the goods, when exported to Canada from that country, will be sold to importers in Canada to increase by more than the estimated amount of subsidy on the goods.
1994, c. 47, s. 174	31. (1) Paragraphs 52(1)(b) and (c) of the Act are replaced by the following:
	(b) is satisfied that the undertaking or undertakings would not have been accepted if the information available at that time had been available when the undertaking was accepted, or
	(c) is satisfied that the undertaking or undertakings would not have been accepted if the circumstances prevailing at that time had prevailed when the undertaking was accepted,
1994, c. 47, s. 174	(2) Paragraph 52(1.1)(a) of the Act is amended by adding the word ``or'' at the end of subparagraph (i), by striking out the word ``or'' at the end of subparagraph (ii) and by repealing subparagraph (iii).
1994, c. 47, s. 174	(3) Paragraph 52(1.1)(c) of the Act is replaced by the following:
	(c) the Tribunal has, under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2), rescinded an order or finding with respect to the goods or the order or finding has been deemed to be rescinded under subsection 76.03(1),
1994, c. 47, s. 174	(4) Subsection 52(1.2) of the Act is replaced by the following:
Termination if conditions no longer exist	(1.2) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury, and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the Deputy Minister shall terminate the undertaking or undertakings if, at any time after accepting the undertaking or undertakings, the Deputy Minister is satisfied that, notwithstanding the termination of the undertaking or undertakings, the condition in paragraph 49(1)(a) or (b), as the case may be, would no longer exist.
1994, c. 47, s. 175	32. (1) The portion of subsection 53(1) of the Act before paragraph (a) is replaced by the following:
Review and renewal of undertaking by Deputy Minister	53. (1) Unless the Tribunal has made an order or finding under subsection 43(1) that the dumping or subsidizing of the goods to which the preliminary determination applies has caused injury or retardation or is threatening to cause injury and that order or finding has not been rescinded under paragraph 76.01(5)(a), subsection 76.02(4), paragraph 76.03(12)(a) or subsection 76.04(1) or 76.1(2) or has not been deemed to be rescinded under subsection 76.03(1), the Deputy Minister shall review the undertaking before the expiry of five years after the date on which it was accepted and before the expiry of each subsequent period, if any, for which it is renewed under this section and if, on the review, the Deputy Minister is satisfied
	(2) Subsection 53(2) of the Act is replaced by the following:
Expiry of undertaking	(2) An undertaking expires immediately after the Deputy Minister decides under subsection (1) not to renew it.
R.S., c. 1 (2nd Supp.), s. 204; 1993, c. 44, s. 213	33. Section 57 of the Act is replaced by the following:
Review by designated officer	57. Unless the Deputy Minister has previously re-determined under section 59 a determination referred to in subsection 56(1) or (2) or the determination was made in respect of goods released after the initiation of an expedited review under subsection 13.2(3) and before a decision was issued under that subsection, a designated officer may re-determine the determination
	(a) in accordance with a request made under subsection 56(1.01) or (1.1); or
	(b) if the designated officer deems it advisable, within two years after the determination.
1993, c. 44, s. 215(1)	34. (1) The portion of subsection 59(1) of the Act before paragraph (a) is replaced by the following:
Permissive re- determination	59. (1) Subject to subsection (3), the Deputy Minister may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods
	(2) Paragraph 59(1)(c) of the Act is replaced by the following:
	(c) at any time, if subsection 2(6) or section 26 or 28 applies or at any time becomes applicable in respect of the goods;
	(3) Section 59 of the Act is amended by adding the following after subsection (1):
Re- determination of re- determination	(1.1) The Deputy Minister may re-determine any re-determination
	(a) at any time after a re-determination was made under any of paragraphs (1)(a) to (c) and (e) but before an appeal under section 61 is heard, on the recommendation of the Attorney General of Canada, if the re-determination would reduce duties payable on the goods; and
	(b) at any time if the re-determination would be consistent with a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, or with a re-determination under paragraph (a), made in respect of other like goods of the same importer or owner imported on or before the date of importation of the goods in respect of which the re-determination is being made.
1993, c. 44, s. 215(2)	(4) Subsection 59(2) of the English version of the Act is replaced by the following:
Permissive re- determination	(2) The Deputy Minister may re-determine any determination or re-determination referred to in section 55, 56 or 57 or made under this section in respect of any imported goods at any time for the purpose of giving effect to a decision of a panel under Part I.1 or II with respect to the goods.
1993, c. 44, s. 215(2)	(5) Subsection 59(3.1) of the French version of the Act is replaced by the following:
Avis de la nouvelle décision	(3.1) Le sous-ministre fait donner, par courrier recommandé, avis de la décision issue d'un réexamen à l'importateur et, dans le cas de marchandises d'un pays ALÉNA, au gouvernement du pays ALÉNA en question et à toute autre personne désignée par règlement, ainsi qu'au secrétaire canadien lorsque la nouvelle décision donne effet à celle rendue par un groupe spécial sous le régime de la partie I.1.
1988, c. 65, s. 40(3)	(6) Subsection 59(4) of the French version of the Act is replaced by the following:
Avis de la nouvelle décision	(4) Le sous-ministre fait donner, par courrier recommandé, avis de la décision issue d'un réexamen à l'importateur et, dans le cas de marchandises des États-Unis, au gouvernement des États-Unis et à toute autre personne désignée par règlement, ainsi qu'au secrétaire canadien lorsque la nouvelle décision donne effet à celle rendue par un groupe spécial sous le régime de la partie II.
R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(6))	35. Subsection 61(2) of the Act is replaced by the following:
Publication of notice of appeal	(2) Notice of the hearing of an appeal under subsection (1) must be published in the Canada Gazette at least twenty-one days before the day of the hearing, and any person who enters an appearance with the Secretary at least seven days before the day of the hearing may be heard on the appeal.
R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(9)); 1988, c. 65, s. 41(2); 1993, c. 44, s. 217	36. Section 76 of the Act and the heading before it are replaced by the following:
	Review of Orders and Findings
	Judicial Review
Application for judicial review	76. Subject to subsection 61(3) and Part I.1 or II, an application for judicial review of an order or finding of the Tribunal under this Act may be made to the Federal Court of Appeal on any of the grounds set out in subsection 18.1(4) of the Federal Court Act.
	Review of Orders and Findings by Tribunal
Interim review of orders by Tribunal	76.01 (1) At any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the Deputy Minister or any other person or of any government, conduct an interim review of
	(a) the order or finding; or
	(b) any aspect of the order or finding.
Tribunal may re-hear any matter	(2) In conducting an interim review, the Tribunal may re-hear any matter before deciding it.
Limitation	(3) The Tribunal shall not conduct an interim review at the request of any person or government unless the person or government satisfies the Tribunal that the review is warranted.
Order if interim review not initiated	(4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Secretary shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.
Orders on completion of interim review	(5) The Tribunal, on completion of an interim review
	(a) under paragraph (1)(a), shall make an order rescinding the order or finding or continuing it with or without amendment, as the circumstances require, and shall give reasons for making the order; and
	(b) under paragraph (1)(b), shall make any order in respect of the order or finding as the circumstances require, and shall give reasons for making the order.
Completion of review	(6) On completion of an interim review, the Secretary shall
	(a) forward to the Deputy Minister and any other persons and governments that are specified by the rules of the Tribunal,
	(i) without delay after the review is completed, a copy of the order, and
	(ii) not later than fifteen days after the date of the order, a copy of the reasons for the order; and
	(b) cause notice of the order to be published in the Canada Gazette.
Expiry of order	(7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires
	(a) if an expiry review is not initiated under subsection 76.03(3), five years after the day on which the order or finding that was the subject of the interim review was made; and
	(b) if an expiry review is initiated under subsection 76.03(3), the day on which the Tribunal makes an order under subsection 76.03(12).
	Review on Referral Back
Review of orders by Tribunal on referral back and re-hearing	76.02 (1) If the Tribunal receives notice of action taken under paragraph 41.1(1)(a) or (2)(a) in respect of goods to which an order or finding of the Tribunal, other than an order or finding described in any of sections 3 to 6, applies, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the Deputy Minister or any other person or of any government, review the order or finding and, in conducting the review, may re-hear any matter before deciding it.
Limitation	(2) The Tribunal shall not conduct a review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.
Review of orders by Tribunal on referral back and re-hearing	(3) If an order or finding of the Tribunal is referred back to the Tribunal under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the Tribunal shall review the order or finding and, in conducting the review, may re-hear any matter before deciding it.
Completion of review	(4) On completion of a review, the Tribunal shall confirm the order or finding or rescind it and make any other order or finding with respect to the goods to which the order or finding under review applies as the nature of the matter may require, shall give reasons for the decision and, if it makes another order or finding, shall declare to what goods, including, if applicable, from what supplier and from what country of export, the order or finding applies.
Notice	(5) On completion of a review, the Secretary shall
	(a) forward to the Deputy Minister and the other persons and governments that are specified by the rules of the Tribunal and, in the case of a review under subsection (3), the Canadian Secretary,
	(i) without delay after the review is completed, a copy of the order or finding made under subsection (4), and
	(ii) not later than fifteen days after the completion of the review, a copy of the reasons for the decision; and
	(b) cause notice of the order or finding to be published in the Canada Gazette.
	Expiry Review
Order or finding deemed to be rescinded	76.03 (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of sections 3 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years:
	(a) if no order continuing the order or finding has been made under paragraph (12)(b), the day on which the order or finding was made; and
	(b) if one or more orders continuing the order or finding have been made under paragraph (12)(b), the day on which the last order was made.
Publication of notice	(2) If an order or finding is to be deemed rescinded under subsection (1), the Secretary shall, not later than ten months before the expiry date of the order or finding under that subsection, cause to be published in the Canada Gazette a notice of expiry setting out the information specified in the rules of the Tribunal.
Review of orders by Tribunal	(3) The Tribunal may initiate an expiry review of an order or finding described in any of sections 3 to 6
	(a) on its own initiative; or
	(b) at the request of the Minister of Finance, the Deputy Minister or any other person or of any government, if the request is made within the period specified in the notice of expiry.
Limitation	(4) The Tribunal shall not initiate an expiry review at the request of any person or government unless the person or government satisfies the Tribunal that a review is warranted.
Order of refusal	(5) If the Tribunal decides not to initiate an expiry review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Secretary shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.
Notice	(6) If the Tribunal decides to initiate an expiry review, the Secretary shall without delay
	(a) cause notice of the Tribunal's decision to be given to
	(i) the Deputy Minister, and
	(ii) all other persons and governments specified in the rules of the Tribunal;
	(b) provide the Deputy Minister with a copy of the administrative record on which it based its decision to initiate a review under subsection (3); and
	(c) cause to be published in the Canada Gazette notice of initiation of the review that includes the information set out in the rules of the Tribunal.
If review initiated	(7) If the Tribunal decides to initiate an expiry review, the Deputy Minister shall
	(a) within one hundred and twenty days after receiving notice under subparagraph (6)(a)(i), determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of dumping or subsidizing of the goods; and

Bill C-35

Review of Orders and Findings