Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
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Assented to 2014-06-19
PART 6VARIOUS MEASURES
Division 29Administrative Tribunals Support Service of Canada Act
Consequential Amendments
Marginal note:2002, c. 8, s. 170(E)
433. Paragraph 44(2)(a) of the Act is replaced by the following:
(a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and
Marginal note:1997, c. 14, s. 91
434. The portion of subsection 47(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notice of termination
(3) The Tribunal shall
Marginal note:1988, c. 65, s. 36
435. Subparagraph 53.1(2)(a)(ii) of the Act is replaced by the following:
(ii) cause notice of the action taken pursuant to subparagraph (i) to be given and published as provided in paragraph 34(1)(a) and filed with the Tribunal and the Canadian Secretary; and
Marginal note:1993, c. 44, s. 216; 2005, c. 38, par. 134(z.15)
436. Subsection 61(1) of the Act is replaced by the following:
Marginal note:Appeal to Tribunal
61. (1) Subject to section 77.012 or 77.12, a person who deems himself aggrieved by a re-determination of the President made pursuant to section 59 with respect to any goods may appeal therefrom to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within ninety days after the day on which the re-determination was made.
Marginal note:1999, c. 12, s. 36
437. (1) Subsection 76.01(4) of the Act is replaced by the following:
Marginal note:Order if interim review not initiated
(4) If the Tribunal decides not to conduct an interim review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.
Marginal note:1999, c. 12, s. 36
(2) The portion of subsection 76.01(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Completion of review
(6) On completion of an interim review, the Tribunal shall
Marginal note:1999, c. 12, s. 36
438. The portion of subsection 76.02(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notice
(5) On completion of a review, the Tribunal shall
Marginal note:1999, c. 12, s. 36
439. (1) Subsection 76.03(5) of the Act is replaced by the following:
Marginal note:Order of refusal
(5) If the Tribunal decides not to initiate an expiry review at the request of a person or government, the Tribunal shall make an order to that effect and give reasons for it, and the Tribunal shall forward a copy of the order and the reasons to that person or government and cause notice of the order to be published in the Canada Gazette.
Marginal note:1999, c. 12, s. 36
(2) The portion of subsection 76.03(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notice
(6) If the Tribunal decides to initiate an expiry review, it shall without delay
Marginal note:1988, c. 65, s. 42
440. Section 77.14 of the French version of the Act is replaced by the following:
Marginal note:Dossier
77.14 Une fois les membres choisis, l’autorité compétente fait transmettre, conformément aux règles, copie du dossier administratif.
441. Paragraph 90(c) of the Act is replaced by the following:
(c) shall not, if a statement pursuant to paragraph 89(2)(b) is made in the request, give its ruling on the question until after it makes an order or finding in the inquiry commenced as a consequence of its receipt of notice of the preliminary determination referred to in that paragraph, unless, after the request is made to the Tribunal, it receives notice pursuant to subsection 41(4) that the investigation has been terminated pursuant to subsection 41(1) in respect of the goods specified in the preliminary determination, in which case the Tribunal shall give its ruling on the question forthwith after it receives that notice.
Marginal note:2005, c. 38, par. 134(z.34)
442. (1) The portion of paragraph 91(3)(b) of the Act before subparagraph (i) is replaced by the following:
(b) the Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons and governments as may be specified by the rules of the Tribunal
Marginal note:1988, c. 65, s. 43(1)
(2) Paragraph 91(3)(c) of the Act is replaced by the following:
(c) where the Tribunal makes another order or finding pursuant to paragraph (a), it shall cause notice of the order or finding to be published in the Canada Gazette.
Marginal note:Replacement of references — “Secretary”
443. The Act is amended by replacing “Secretary” with “Tribunal” in the following provisions:
(a) subparagraph 34(1)(a)(i);
(b) subparagraph 35(2)(b)(i);
(c) paragraph 38(3)(b);
(d) paragraphs 41(3)(b) and (4)(b);
(e) paragraph 41.1(1)(b);
(f) subsection 45(2);
(g) paragraphs 52(1)(e) and (1.1)(e);
(h) subsection 53(4);
(i) subparagraph 53.1(1)(a)(ii);
(j) subsection 61(2);
(k) subsection 76.03(2) and paragraph 76.03(7)(b); and
(l) subparagraph 91(1)(d)(ii).
Marginal note:Application
444. The following provisions of the Act, as enacted or amended by sections 429 to 443, apply to goods of a NAFTA country, as defined in subsection 2(1) of the Act:
(a) subparagraph 34(1)(a)(i) and subsection 34(2);
(b) paragraph 35(2)(b);
(c) paragraph 38(3)(b);
(d) paragraphs 41(3)(b) and (4)(b);
(e) subsections 41.1(1) and (2);
(f) subsections 42(1) and (2);
(g) subsections 43(1) to (3);
(h) subsection 44(2);
(i) subsection 45(2);
(j) subsection 47(3);
(k) paragraphs 52(1)(e) and (1.1)(e);
(l) subsection 53(4);
(m) subsections 53.1(1) and (2);
(n) subsections 61(1) and (2);
(o) subsections 76.01(4) and (6);
(p) subsection 76.02(5);
(q) subsections 76.03(2), (5) and (6) and paragraph 76.03(7)(b);
(r) section 77.14;
(s) paragraph 90(c); and
(t) subparagraph 91(1)(d)(ii) and paragraphs 91(3)(b) and (c).
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:1997, c. 36, s. 172
445. (1) Paragraph 71(1)(b) of the Customs Act is replaced by the following:
(b) in sections 67 and 68, the expression “court” is deemed to be substituted for the expression “Canadian International Trade Tribunal”.
Marginal note:1990, c. 17, s. 16(1); 1998, c. 30, par. 12(a)
(2) The definition “clerk of the court” in subsection 71(2) of the Act is repealed.
Marginal note:Replacement of references — “the Secretary of the Canadian International Trade Tribunal”
446. The Act is amended by replacing “the Secretary of the Canadian International Trade Tribunal” with “the Canadian International Trade Tribunal” in the following provisions:
(a) subsection 60.2(2);
(b) subsections 67(1) and (2); and
(c) subsection 67.1(3).
R.S., c. 19 (2nd Supp.)Competition Tribunal Act
447. Section 14 of the Competition Tribunal Act is repealed.
448. Paragraph 16(1)(b) of the Act is replaced by the following:
(b) for carrying out the work of the Tribunal and the management of its internal affairs.
R.S., c. 20 (4th Supp.)Canada Agricultural Products Act
Marginal note:1995, c. 40, s. 29
449. Section 4.3 of the Canada Agricultural Products Act is replaced by the following:
Marginal note:Contractual assistance
4.3 The Board may, for specific projects, enter into contracts for the services of persons having technical or specialized knowledge of any matter relating to the work of the Board to advise and assist it in the exercise of its powers or the performance of its duties and functions under this Act.
Marginal note:1995, c. 40, s. 29
450. Subsection 5(3) of the Act is replaced by the following:
Marginal note:Duties of Chairperson of Board
(3) The Chairperson of the Board is the chief executive officer of the Board and shall apportion work among its members.
Marginal note:Duties of Chairperson of Tribunal
(4) The Chairperson of the Tribunal shall apportion work among its members.
Marginal note:1995, c. 40, s. 30; 2003, c. 22, par. 224(i)(E)
451. Subsection 6(4) of the Act is replaced by the following:
Marginal note:Staff and facilities
(4) The Minister may provide the Board with any officers and employees from within the federal public administration and any facilities and professional advisers that are necessary for the proper conduct of the business of the Board.
R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
Marginal note:1999, c. 12, par. 61(a)(E)
452. Section 7 of the Canadian International Trade Tribunal Act is replaced by the following:
Marginal note:Duties of Chairperson
7. The Chairperson has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,
(a) the allocation of work among the members and the assignment of members to sit at, and to preside at, hearings of the Tribunal; and
(b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.
Marginal note:1999, c. 12, par. 61(d)(E)
453. The heading before section 14 and sections 14 and 15 of the Act are repealed.
Marginal note:1994, c. 47, s. 43
454. Subsection 44.1(1) of the Act is replaced by the following:
Marginal note:Information to be disclosed
44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.
Marginal note:1999, c. 12, s. 59(1)
455. (1) The portion of subsection 45(3.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disclosure to Tribunal’s experts
(3.1) Despite subsection (1), the Tribunal may disclose information to which that subsection applies to an expert engaged to advise or assist the Tribunal for use, despite any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to
(2) Subsection 45(5) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) persons engaged under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act to advise or assist the Tribunal; and
Marginal note:1999, c. 12, s. 60; 2005, c. 38, par. 55(c)
456. Paragraph 49(b) of the Act is replaced by the following:
(b) the President indicates to the Tribunal in writing that subsection 84(1) of the Special Import Measures Act applies to information or material filed with it under paragraph 37(a) or 38(3)(b) or subsection 76.03(9) of that Act,
Marginal note:Application
457. Section 7, subsections 44.1(1) and 45(3.1) and (5) and paragraph 49(b) of the Act, as enacted or amended by sections 452 and 454 to 456, apply to goods of a NAFTA country as defined in subsection 2(2) of that Act.
R.S., c. 1 (5th Supp.)Income Tax Act
458. Subparagraph 241(4)(d)(xii) of the Income Tax Act is replaced by the following:
(xii) to a member of the Canadian Cultural Property Export Review Board or an official of the Administrative Tribunals Support Service of Canada solely for the purposes of administering sections 32 to 33.2 of the Cultural Property Export and Import Act,
1991, c. 30Public Sector Compensation Act
459. Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading ‘‘OTHER PORTIONS OF THE PUBLIC SERVICE”:
Administrative Tribunals Support Service of Canada
Service canadien d’appui aux tribunaux administratifs
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