Vol. 146, No. 21 — October 10, 2012
SOR/2012-182 September 20, 2012
CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT
Regulations Amending the Canadian International Trade Tribunal Regulations
P.C. 2012-1083 September 20, 2012
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), 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), (a.94) 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 21 of the Canada–Jordan Economic Growth and Prosperity Act, chapter 18 of the Statutes of Canada, 2012, comes into force.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
The Canada–Jordan Free Trade Agreement (CJFTA) was signed on June 28, 2009, and the Canada–Jordan Economic Growth and Prosperity Act received Royal Assent on June 29, 2012. Regulations are also necessary to fully implement the CJFTA in Canada. The CJFTA will come into force on October 1, 2012.
The Regulations Amending the Canadian International Trade Tribunal Regulations implement Canada’s rights and obligations relating to the bilateral emergency action provisions under the CJFTA.
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 CJFTA, 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 to a level not exceeding the lesser of the most-favoured-nation (MFN) rate of duty in effect at the time the action was taken or the base rate as provided in the schedule to Annex 2.04 (National Treatment and Market Access for Goods — Tariff Elimination). Such action may be taken only after the Canadian International Trade Tribunal (the Tribunal) has conducted an inquiry and determined that increased imports alone constitute 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 on goods from Jordan.
These amendments were drafted in consultation with the Tribunal. The Government of Canada launched free trade negotiations with Jordan on February 20, 2008. Canadian manufacturers, importers and exporters were consulted extensively and kept informed of developments throughout the negotiations. The CJFTA 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.)