Tribunal import-status wording amended

Summary#

These are the final regulations SOR/2020-67 that change part of the Canadian International Trade Tribunal Regulations. They adjust the wording of subsection 5(1) about how the Canadian International Trade Tribunal decides whether certain goods are being imported. The item was published April 29, 2020 and will come into force with section 138 of the Canada-United-States-Mexico Agreement Implementation Act (or on the day these regulations are registered if that is later).

What it does#

• Replaces the opening wording of subsection 5(1) of the Canadian International Trade Tribunal Regulations. The new wording tells the Tribunal that, when deciding in specified inquiries or complaints whether goods are being imported as set out in those parts of the law, it must examine “among other factors” relevant matters. The source does not list those factors in this notice.
• Sets the start date: these regulations come into force on the day section 138 of the Canada-United-States-Mexico Agreement Implementation Act comes into force, but if the regulations are registered after that day, they come into force on registration.
• Notes that the accompanying Regulatory Impact Analysis Statement appears with SOR/2020-66 (listed after that item in the Gazette).

Who's affected#

• The Canadian International Trade Tribunal, because the change alters how it frames certain inquiries.
• People and organizations involved in Tribunal cases: importers, exporters, industry groups, trade lawyers and advisers who take part in or follow Tribunal inquiries or complaints.
• It is unclear from this notice exactly which types of inquiries (the text refers to specific numbered provisions of the Act but does not explain them), so others with an interest in trade remedy or import-status questions could also be affected.

Why it matters#

• This is a targeted wording change that clarifies the Tribunal’s approach to deciding whether goods are “being imported” in specific types of cases. That framing can matter for the outcome of trade inquiries and complaints.
• The timing links the change to the coming-into-force of part of the federal implementing law for the Canada–U.S.–Mexico trade agreement, so the rule may take effect alongside broader changes implementing that agreement.
• The change is procedural and technical rather than a new broad policy; nevertheless, anyone involved in Tribunal cases should note the revised language because it guides what the Tribunal will consider in relevant inquiries.