Vol. 145, No. 14 — July 6, 2011
SOR/2011-134 June 23, 2011
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
ARCHIVED — Regulations Amending the Canadian International Trade Tribunal Regulations
P.C. 2011-736 June 23, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 40 (see footnote a) of the Canadian International Trade Tribunal Act (see footnote b), hereby makes the annexed Regulations Amending the Canadian International Trade Tribunal Regulations.
REGULATIONS AMENDING THE CANADIAN INTERNATIONAL TRADE TRIBUNAL REGULATIONS
1. The portion of subsection 5(1) of the Canadian International Trade Tribunal Regulations (see footnote 1) before paragraph (a) is replaced by the following:
5. (1) For the purposes of determining, during an inquiry into a matter 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), (a.61), (a.9), (a.91), (a.92), (a.93) 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,
COMING INTO FORCE
2. These Regulations come into force on the day on which section 22 of the Canada-Colombia Free Trade Agreement I m plementation Act , chapter 4 of the Statutes of Canada, 2010, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the regulations.)
Issue and objectives
The Canada-Colombia Free Trade Agreement (CCOFTA) was signed on November 21, 2008, and the Canada-Colombia Free Trade Agreement Implementation Act received Royal Assent on June 29, 2010. Regulations are also necessary to fully implement the CCOFTA in Canada.
The Regulations Amending the Canadian International Trade Tribunal Regulations implement Canada’s rights and obligations relating to the bilateral emergency action provisions under the CCOFTA.
The Regulations Amending theCanadian International Trade Tribunal Procurement Inquiry Regulations allow the Canadian International Trade Tribunal (the Tribunal) to consider and make findings with respect to complaints concerning government procurements that are subject to the terms of the CCOFTA.
Description and rationale
Bilateral emergency action provisions are a standard feature of all Canadian free trade agreements to date. Such provisions represent a temporary safety valve in the event that Canadian producers face injurious imports from free trade agreement partners during a specified transition period.
Under the CCOFTA, bilateral emergency action consists of either a suspension of the further reduction of the rate of duty for a concerned product, or an increase in the rate of the duty back to the non-preferential rate. Such action may be taken only after the Tribunal has conducted an inquiry and determined that increased imports are a principal cause of serious injury, or threat thereof, to domestic producers of like or directly competitive goods, according to the bilateral emergency action provisions of the Canadian International Trade Tribunal Act.
Subsection 5(1) of the Canadian International Trade Tribunal Regulations is amended to ensure that the Tribunal considers the relevant factors set out under section 5 of the Canadian International Trade Tribunal Regulations during a bilateral emergency action inquiry.
Relevant sections of the Canadian International Trade Tribunal Procurement Inquiry Regulations are amended to provide the Tribunal the means by which to consider and make findings with respect to complaints concerning government procurements that are subject to the terms of the CCOFTA (e.g. a complaint alleging the improper evaluation of a proposal with respect to a government procurement bid).
These amendments were drafted in consultation with the Tribunal. The Government of Canada launched free trade negotiations with Colombia on June 7, 2007. Canadian manufacturers, importers and exporters were consulted extensively and kept informed of developments throughout the negotiations, including on issues concerning emergency action and government procurement. The CCOFTA is supported by a broad cross-section of Canadian stakeholders.
International Trade Policy Division
Department of Finance
S.C. 2002, c. 19, s. 6
R.S., c. 47 (4th. Supp.)