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:
- (d) any other factor that is relevant in the circumstances.
(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:
- (h) any other factor that is relevant in the circumstances.
(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:
- (vii) any other factor that is relevant in the circumstances.
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:
- (e) any other factor that is relevant in the circumstances.
4. (1) Paragraph 37.2(1)(j) of the Regulations is replaced by the following:
- (j) any other factor pertaining to the current or likely behaviour or state of a foreign government or of the domestic or international economy, market for goods or industry as a whole or in relation to individual producers, exporters, brokers or traders.
(2) Paragraph 37.2(2)(k) of the Regulations is replaced by the following:
- (k) any other factor pertaining to the current or likely behaviour or state of the domestic or international economy, market for goods or industry as a whole or in relation to individual producers, exporters, brokers or traders.
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:
- (a) if it is in the form of cash or a certified cheque, with an officer at the Canada Border Services Agency office at which the goods are, or are to be, released; and
- (b) if it is in any other form, with an officer at the Canada Border Services Agency regional office at which the goods are, or are to be, released.
10. The Regulations are amended by replacing “Commissioner” with “President”, with any necessary modifications, in the following provisions:
- (a) paragraph 25.2(2)(c);
- (b) subsection 36.4(1);
- (c) paragraph 37.11(a);
- (d) the portion of subsection 37.2(1) before paragraph (a);
- (e) paragraphs 38(a) and (c);
- (f) section 40; and
- (g) section 57.1.
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:
- Replace “I9” with “19” in section 3 to correct a typographical error.
- Revoke paragraphs 37.1(1)(d) and 37.1(2)(h) of the Regulations, and replace with identical provisions. The SJCSR noted that the enabling authority in paragraph 97(1)(a.1) of the Act was amended in 1999 (S.C. 1999, c. 12). Since paragraphs 37.1(1)(d) and 37.1(2)(h) of the Regulations draw their authority from this enabling provision in the Act, both paragraphs in the Regulations should have been revoked and replaced at the same time. Consequently, they are revoked and replaced in order to properly reflect the enabling provision in paragraph 97(1)(a.1) of the Act.
- Replace subsections 37.1(1), 37.1(2), 37.1(3) and section 37.11 of the Regulations with new text consistent with the enabling authority contained in paragraph 97(1)(a.1) of the Act. The enabling authority provides that the Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting the factors that may be considered in determining the existence of injury, retardation or threat of injury, and whether that injury, retardation or threat of injury has been caused by the dumping or subsidizing of any goods, or by any other reason. Subsections 37.1(1), 37.1(2), 37.1(3) and section 37.11 of the Regulations are inconsistent with the enabling provision as they prescribe factors to be considered in determining whether the dumping or subsidizing of any goods has caused injury or retardation, or is threatening to cause injury. These amendments change the Regulations to indicate that the listed factors may be considered, rather than prescribed, in order to be consistent with the enabling authority under the Act. This will have no practical effect on the conduct of injury analyses by the Canadian International Trade Tribunal (CITT) because of the non-prescriptive nature of the enabling authority. Other changes to these subsections further strengthen consistency between the French and English versions of the Regulations.
- Replace paragraphs 37.2(1)(j) and 37.2(2)(k) of the Regulations with new text consistent with the enabling authority contained in paragraphs 97(1)(k.4) and 97(1)(k.5), respectively, of the Act. These amendments provide more clarity concerning the “other factors” that may be considered in the conduct of expiry reviews of orders and findings under the Act. This level of specificity is required to reflect the prescribed nature of these considerations under the enabling authority of the Act (i.e. the basket clauses in paragraphs 37.2(1)(j) and 37.2(2)(k) should prescribe specific factors for additional guidance, rather than simply stating “any other factors relevant in the circumstances”). Specifically, paragraph 37.2(1)(j) is amended to specify that the CBSA may consider any other factor pertaining to the current or likely behaviour or state of a foreign government or the domestic or international economy, market for goods or industry as a whole or in relation to individual producers, exporters, brokers or traders when determining whether the expiry of an order is likely to result in the continuation or resumption of dumping or subsidizing of certain goods. Paragraph 37.2(2)(k) is amended to specify that the CITT may consider any other factor pertaining to the current or likely behaviour or state of the domestic or international economy, market for goods or industry as a whole or in relation to individual producers, exporters, brokers or traders when determining whether the expiry of an order or finding with respect to certain goods is likely to result in injury or retardation. These amendments will have no practical effect on the conduct of expiry reviews of orders and findings under the Act because of the broad nature of the factors specified in these basket clauses.
- Revoke paragraph 40.1(3)(d) of the Regulations, as it simply replicates subsection 45(3) of the Act and is therefore redundant.
- Replace “Commissioner” with “President” in paragraph 25.2(2)(c), subsection 36.4(1), paragraph 37.11(a), subsection 37.2(1), paragraphs 38(a) and (c), section 40, and section 57.1 of the Regulations in order to properly reflect the organizational structure of the CBSA.
- Replace the mailing address of the CBSA as it appears in section 47, section 51, and subsection 55(2) of the Regulations so that it reads “Director General, Anti-dumping and Countervailing Directorate, Canada Border Services Agency, Ottawa, at the address specified on the Agency’s website.”
- Replace the words “Canada Customs and Revenue Agency,” with “Canada Border Services Agency” in paragraphs 56(a) and (b) of the Regulations to properly reflect the organizational structure of the CBSA.
“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
- Footnote a
S.C. 2005, c. 38, par. 134(z.40) - Footnote b
R.S., c. S-15 - Footnote 1
SOR/84-927