ARCHIVED — Vol. 147, No. 8 — April 10, 2013

Registration

SOR/2013-53 March 21, 2013

CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

Regulations Amending the Canadian International Trade Tribunal Regulations

P.C. 2013-312 March 21, 2013

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

AMENDMENT

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.81), (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–Panama Economic Growth and Prosperity Act, chapter 26 of the Statutes of Canada, 2012, 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

The Canada-Panama Free Trade Agreement (CPAFTA) was signed on May 14, 2010, and the Canada-Panama Economic Growth and Prosperity Act received Royal Assent on December 14, 2012. The CPAFTA will come into force on April 1, 2013.

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. The Canadian International Trade Tribunal Regulations implement Canada’s rights and obligations relating to the bilateral emergency action.

Under the CPAFTA, 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 Tribunal has conducted an inquiry and determined that increased imports are a principal cause of serious injury, or a 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.

The Canadian 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.

The above-mentioned regulations must be updated to reflect the CPAFTA and to support its full implementation.

Objectives

Full implementation of the CPAFTA.

Description

The Canadian International Trade Tribunal Regulations are amended by adding a reference to the CPAFTA to the list of agreements covered. This will 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 under the CPAFTA.

Relevant sections of the Canadian International Trade Tribunal Procurement Inquiry Regulations are amended by adding references to the CPAFTA to the list of agreements covered. This will provide the Tribunal the means to consider and make findings with respect to complaints concerning government procurements that are subject to the terms of the CPAFTA (e.g. a complaint alleging the improper evaluation of a proposal with respect to a government procurement bid).

“One-for-One” Rule

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

Small business lens

The small business lens does not apply to these regulations as there are no costs imposed on small business.

Consultation

On May 31, 2008, the Government of Canada launched public consultations on potential trade negotiations with Panama with Canadian provinces and territories, along with businesses, industry associations and the general public. Free trade negotiations with Panama were launched in October 2008. Canadian manufacturers, importers and exporters were consulted extensively and kept informed of developments throughout the negotiations. The CPAFTA was signed on May 14, 2010, and is supported by a broad range of Canadian business stakeholders.

Rationale

These consequential amendments are required to support the full implementation of the CPAFTA.

Contact

François Primeau
International Trade Policy Division
Department of Finance
Ottawa, Ontario
K1A 0G5
Telephone: 613-992-3454