Vol. 149, No. 4 — February 25, 2015

Registration

SOR/2015-27 February 6, 2015

SPECIAL IMPORT MEASURES ACT

Regulations Amending the Special Import Measures Regulations

P.C. 2015-92 February 5, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 97(1) (see footnote a) of the Special Import Measures Act (see footnote b), makes the annexed Regulations Amending the Special Import Measures Regulations.

REGULATIONS AMENDING THE SPECIAL IMPORT MEASURES REGULATIONS

AMENDMENTS

1. Section 3 of the English version of the Special Import Measures Regulations (see footnote 1) is replaced by the following:

3. For the purposes of sections 15, 19 and 20 of the Act, the price of like goods shall be adjusted to reflect the quantity discount generally granted in connection with a sale of like goods in the same or substantially the same quantities as the quantities of the goods sold to the importer in Canada.

2. (1) The portion of subsection 37.1(1) of the Regulations before paragraph (a) is replaced by the following:

37.1 (1) The following factors may be considered in determining whether the dumping or subsidizing of goods has caused injury or retardation:

(2) Paragraph 37.1(1)(d) of the Regulations is replaced by the following:

(3) The portion of subsection 37.1(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The following factors may be considered in determining whether the dumping or subsidizing of goods is threatening to cause injury:

(4) Paragraph 37.1(2)(h) of the Regulations is replaced by the following:

(5) The portion of subsection 37.1(3) of the Regulations before paragraph (a) is replaced by the following:

(3) The following additional factors may be considered in determining whether the dumping or subsidizing of goods has caused injury or retardation or is threatening to cause injury:

(6) Subparagraph 37.1(3)(b)(vii) of the Regulations is replaced by the following:

3. (1) The portion of section 37.11 of the Regulations before paragraph (a) is replaced by the following:

37.11 The following factors may be considered in determining whether injury has been caused by a massive importation of dumped or subsidized goods or, if the importations have occurred within a relatively short period of time and in the aggregate are massive, by a series of importations of dumped or subsidized goods:

(2) Paragraph 37.11(e) of the Regulations is replaced by the following:

4. (1) Paragraph 37.2(1)(j) of the Regulations is replaced by the following:

(2) Paragraph 37.2(2)(k) of the Regulations is replaced by the following:

5. Subsection 40.1(3) of the Regulations is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

6. Section 47 of the Regulations is replaced by the following:

47. For the purposes of subsections 56(1.1) and 58(2) of the Act, a request for a re-determination shall be delivered to the Director General, Anti-dumping and Countervailing Directorate, Canada Border Services Agency, Ottawa, at the address specified on the Agency’s website.

7. Section 51 of the Regulations is replaced by the following:

51. For the purposes of subsections 56(1.01) and 58(1.1) of the Act, a request for a re-determination shall be delivered to the Director General, Anti-dumping and Countervailing Directorate, Canada Border Services Agency, Ottawa, at the address specified on the Agency’s website.

8. Subsection 55(2) of the Regulations is replaced by the following:

(2) A request for a review shall be delivered to the Director General, Anti-dumping and Countervailing Directorate, Canada Border Services Agency, Ottawa, at the address specified on the Agency’s website.

9. Paragraphs 56(a) and (b) of the Regulations are replaced by the following:

10. The Regulations are amended by replacing “Commissioner” with “President”, with any necessary modifications, in the following provisions:

COMING INTO FORCE

11. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has recommended that certain provisions of the Special Import Measures Regulations (the Regulations) be amended to properly reflect the enabling authority in the Special Import Measures Act (the Act) and to provide more clarity as to their purpose. These amendments incorporate the SJCSR recommendations as well as additional amendments to properly reflect the current organizational structure of the Canada Border Services Agency (CBSA).

Objectives

To properly reflect the enabling authority for certain provisions of the Regulations, to improve the consistency of the English and French versions of the Regulations and to properly reflect the current organizational structure of the CBSA.

Description

The Regulations Amending the Special Import Measures Regulations make the following amendments to the Regulations:

“One-for-One” Rule

The “One-for-One” Rule does not apply, as there is no change in administrative costs to businesses.

Small business lens

The small business lens does not apply, as there are no costs to small businesses.

Consultation

Draft regulations were published in the Canada Gazette, Part I, for a period of 30 days, beginning October 2, 2010. Aside from further internal government consultations, no comments were received. Subsequent to publication in the Canada Gazette, Part I, the reference to the CBSA mailing address in section 47, section 51, and subsection 55(2) of the Regulations, was modified to refer to the CBSA’s Web site in order to reflect any further organizational restructuring or relocations. Internal review identified further improvements to the consistency of the English and French versions of sections 37.1, 37.11 and 37.2, which are reflected in these amendments.

Rationale

These amendments incorporate the SJCSR recommendations as well as additional amendments to improve the consistency of the English and French versions of the Regulations and to properly reflect the current organizational structure of the CBSA.

Implementation, enforcement and service standards

Canada’s trade remedy system is administered by the CBSA and the CITT. No changes are needed to the procedures and processes of these organizations.

Contact

Justin Brown
Senior Economist
International Trade Policy Division
Department of Finance
Ottawa, Ontario
K1A 0G5
Telephone: 613-369-4019
Email: Justin.Brown@fin.gc.ca