Canadian International Trade Tribunal Act (R.S.C., 1985, c. 47 (4th Supp.))

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian International Trade Tribunal Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Chairman

  Chairman[Repealed, 1999, c. 12, s. 53]

  Chairperson

  Chairperson means the Chairperson of the Tribunal; (Version anglaise seulement)

  member

  member means a permanent member, temporary member or substitute member of the Tribunal; (membre)

  Minister

  Minister means the Minister of Finance; (ministre)

  prescribed

  prescribed means prescribed by regulations; (Version anglaise seulement)

  President

  President means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act; (président)

  serious injury

  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; (dommage grave)

  textile and apparel goods

  textile and apparel goods means the textile and apparel goods set out in Appendix 1.1 of Annex C-00-B of the CCFTA, in Appendix III.1.1.1 of Annex III.1 of the CCRFTA, in section 1 of Annex 3.1 of the CHFTA, or in Annex 4-A or Appendix 1 to Annex 4-A of the TPP, as the case may be; (produits textiles et vêtements)

  threat of serious injury

  threat of serious injury means serious injury that, on the basis of facts, and not merely of allegation, conjecture or remote possibility, is clearly imminent; (menace de dommage grave)

  trade union

  trade union means an employee organization that has been certified under federal or provincial law, or recognized by the employer, as a bargaining agent; (syndicat)

  Tribunal

  Tribunal means the Canadian International Trade Tribunal established by subsection 3(1); (Tribunal)

  World Trade Organization Agreement

  World Trade Organization Agreement has the meaning given to the word Agreement in subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’Organisation mondiale du commerce)

• Marginal note:Same meaning

  (2) In this Act,

  • (a) Agreement has the same meaning as in section 2 of the Canada–United States–Mexico Agreement Implementation Act; and

  • (b) CUSMA country means a country that is a party to the Agreement.

• Marginal note: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 another CIFTA beneficiary and Israel or another CIFTA beneficiary have the same meaning as in subsection 2(1) of the Customs Tariff.

• Marginal note:Definition of Panama Tariff

  (2.2) In this Act, Panama Tariff means the rates of customs duty referred to in section 49.41 of the Customs Tariff.

• Marginal note:Same meaning

  (3) In this Act,

  • (a) CCFTA has the same meaning as Agreement in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act; and

  • (b) Chile Tariff means the rates of customs duty referred to in section 46 of the Customs Tariff.

• Marginal note:Definition of Colombia Tariff

  (3.1) In this Act, Colombia Tariff means the rates of customs duty referred to in section 49.01 of the Customs Tariff.

• Marginal note: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 rates of customs duty referred to in section 49.1 of the Customs Tariff.

• Marginal note:Same meaning

  (4.1) In this Act,

  • (a) EFTA state has the same meaning as in subsection 2(1) of the Canada–EFTA Free Trade Agreement Implementation Act;

  • (b) Iceland Tariff means the rates of customs duty referred to in section 52.1 of the Customs Tariff;

  • (c) Norway Tariff means the rates of customs duty referred to in section 52.2 of the Customs Tariff; and

  • (d) Switzerland–Liechtenstein Tariff means the rates of customs duty referred to in section 52.3 of the Customs Tariff.

• Marginal note:Definition of Peru Tariff

  (4.2) In this Act, Peru Tariff means the rates of customs duty referred to in section 49.5 of the Customs Tariff.

• Marginal note:Definition of Jordan Tariff

  (4.3) In this Act, Jordan Tariff means the rates of customs duty referred to in section 52.4 of the Customs Tariff.

• Marginal note:Definitions

  (4.4) In this Act,

  • (a) CHFTA has the same meaning as Agreement in section 2 of the Canada–Honduras Economic Growth and Prosperity Act; and

  • (b) Honduras Tariff means the rates of customs duty referred to in section 49.6 of the Customs Tariff.

• Marginal note:Definitions

  (4.5) In this Act,

  • (a) CKFTA has the same meaning as Agreement in section 2 of the Canada–Korea Economic Growth and Prosperity Act; and

  • (b) Korea Tariff means the rates of customs duty referred to in section 49.7 of the Customs Tariff.

• Marginal note:Definition of Ukraine Tariff

  (4.6) In this Act, Ukraine Tariff means the rates of customs duty referred to in section 52.5 of the Customs Tariff.

• Marginal note:Definitions

  (4.7) In this Act,

  • (a) CPTPP has the meaning assigned by the definition Agreement in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;

  • (b) TPP has the same meaning as in section 2 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation Act;

  • (c) CPTPP country has the same meaning as in subsection 2(1) of the Customs Tariff; and

  • (d) CPTPP tariff has the same meaning as in subsection 2(1) of the Customs Tariff.

• Marginal note:Goods imported from certain countries

  (5) For the purposes of this Act, goods are imported from one of the following countries if they are shipped directly to Canada from that country, within the meaning of sections 17 and 18 of the Customs Tariff:

  • a CUSMA country
  • an EFTA state
  • Chile
  • Colombia
  • Costa Rica
  • CPTPP country
  • Honduras
  • Jordan
  • Korea
  • Panama
  • Peru
  • Ukraine

Application

Marginal note:Suspension of certain provisions

• 2.1 (1) The operation of the provisions referred to in column II of this subsection 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 20.01	section 20.1
  section 20.2	section 21
  section 21.1	section 22

• Marginal note:Canada-United States Free Trade Agreement

  (2) The operation of section 19.1, subsection 23(1.1), subparagraph 26(1)(a)(ii) and paragraph 27(1)(b) is suspended during the period in which the Canada-United States Free Trade Agreement is suspended.

Canadian International Trade Tribunal

Establishment of Tribunal

Marginal note:Tribunal established

• 3 (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting of up to seven permanent members, including a Chairperson and a Vice-chairperson, to be appointed by the Governor in Council.

• Marginal note: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.

• Marginal note:Term

  (3) Each permanent member shall be appointed 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.

• Marginal note:Tenure

  (4) Each permanent member and temporary member holds office during good behaviour and may be removed by the Governor in Council at any time for cause.

• Marginal note:Re-appointment of permanent members

  (5) A permanent member or former permanent member is eligible to be re-appointed as a permanent member for one further term in the same capacity as in the previous term or in another capacity, but may hold office as a permanent member for no more than ten years.

• Marginal note:Clarification

  (5.1) For greater certainty, a change during a permanent member’s term of office in the capacity to which the member is appointed — whether as Chairperson, Vice-chairperson or one of the other permanent members — is not a re-appointment to a further term of office for the purposes of subsection (5).

• Marginal note: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.

Marginal note:Full-time occupation

4 Each permanent member shall devote the whole of the member’s time to the performance of the member’s duties under this Act.

Marginal note: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.

Marginal note:Remuneration

• 6 (1) Each member shall be paid such remuneration as is fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Each permanent member is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of work in the course of performing duties under this Act.

• Marginal note: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.