Order Respecting Time Limits Under the Special Import Measures Act (COVID-19)

The Minister of Finance, pursuant to subsections 7(1) and (5) of the Time Limits and Other Periods Act (COVID-19)^a, makes the annexed Order Respecting Time Limits Under the Special Import Measures Act (COVID-19).

Ottawa, September 30, 2020

La ministre des Finances,
Chrystia Freeland
Minister of Finance

Order Respecting Time Limits Under the Special Import Measures Act (COVID-19)

Definition

Definition of Act

1 In this Order, Act means the Special Import Measures Act.

Extension

Extension of time limit

2 (1) A time limit that is established by a provision set out in column 1 of the schedule and that is set out in column 2 is extended by the period set out in column 3 or to December 31, 2020 if that day occurs before the day on which the extended time limit would expire.

Application

(2) An extension under subsection (1) applies to

(a) the time limits established by subsections 41(1) and 43(1) of the Act, in the case of an investigation initiated under subsection 31(1) of the Act on or before April 1, 2020;

(b) the time limits established by paragraphs 57(b), 59(1)(e) and 59(3)(a) and (b) of the Act, if the time limit would otherwise expire on or before December 30, 2020; and

(c) the time limits established by paragraph 76.03(7)(a) and subsection 76.03(10) of the Act, in the case of an expiry review of an order or finding initiated by the Tribunal, as defined in subsection 2(1) of the Act, on or before September 30, 2020.

Coming into Force

March 13, 2020

3 This Order is deemed to have come into force on March 13, 2020.

Schedule

(Subsection 2(1))

Time Limits Extended

Item	Column 1 Provision of the Act	Column 2 Time Limit	Column 3 Period of Extension
1	subsection 41(1)	90 days	165 days
2	subsection 43(1)	120 days	180 days
3	paragraph 57(b)	two years	six months
4	paragraph 59(1)(e)	two years	six months
5	paragraph 59(3)(a)	one year	six months
6	paragraph 59(3)(b)	one year	six months
7	paragraph 76.03(7)(a)	150 days	180 days
8	subsection 76.03(10)	160 days	180 days

Explanatory Note

(This note is not part of the Ministerial Order.)

Issues

Under the Special Import Measures Act (SIMA), domestic producers may seek to have anti-dumping and countervailing duties imposed following investigations by the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT), which determine whether imports were dumped or subsidized, and whether such imports injured or threaten to injure Canadian producers. SIMA provides strict statutory time limits for the completion of proceedings, so that duties can be applied promptly, where warranted.

If applied, trade remedy duties can remain in place for five years, at which point an expiry review may be conducted to determine whether to continue the duties for another five-year period. SIMA provides strict time limits for the completion of these expiry reviews.

SIMA also provides procedures for the review of determinations made by the CBSA as to whether SIMA duties apply to goods and in what amounts. SIMA provides certain time limits for such re‑determinations.

The completion of the above proceedings (i.e., CBSA investigations, CITT inquiries, expiry reviews, and re-determinations) requires that a wide range of participants provide information to enable the CBSA and CITT to make the required determinations. This includes Canadian producers, Canadian importers, foreign exporters and foreign governments.

Business shutdowns and restrictions caused by COVID-19 have impeded or could impede the ability of certain parties to fully participate in trade remedy proceedings. In turn, the inability of some parties to fully participate in proceedings may create challenges for the CBSA and CITT to make well-substantiated determinations within the time limits required by SIMA, while also ensuring that procedural fairness is provided to all parties.

To address these challenges, under the authority of the Time Limits and Other Periods Act (COVID-19), the Order Respecting Time Limits Under the Special Import Measures Act (COVID-19) (the "Order") extends certain legislated time limits for certain SIMA proceedings, while balancing the objectives of SIMA in providing protection against unfairly traded imports in a timely manner.

The extended time limits apply as follows, but with the limitation that they cannot be extended beyond December 31, 2020. The period of applicability and extensions allowed for different proceedings vary, reflecting the different time limits in existing legislation and known investigation schedules for 2020, for certain proceedings.

1. Final determinations of dumping/subsidizing and injury: For investigations initiated on or before April 1, 2020, maximum time limits for the CSBA's final determination of dumping and/or subsidizing and the CITT's final injury finding are extended by 165 days and 180 days, respectively. Provisional duties applied as a result of a preliminary determination will continue to apply for the duration of any extension.
2. Expiry Reviews: For expiry reviews initiated on or before September 30, 2020, the following maximum time limits are each extended by 180 days:
   • the CBSA's determination as to whether the expiry of the measure is likely to result in the continuation or resumption of dumping and/or subsidizing; and
   • the CITT's determination as to whether the expiry is likely to result in injury to the domestic industry.

Duties applied as a result of the finding or order subject to the expiry review will continue to apply for the duration of any extension of that expiry review.

3. Re-determinations: For re-determinations, the Order provides the flexibility to extend maximum time limits by up to six months for re-determinations that must be made by the CBSA on or before December 30, 2020.

The CBSA and CITT will only use extended time limits for the duration that is necessary and only where there is difficulty in obtaining the necessary evidence as a result of COVID‑19 (e.g., shutdown of business operations for SIMA participants due to government orders). Where extended time limits are used, the CBSA or the CITT will promptly inform all participants of the revised schedule of investigation, inquiry or review, as the case may be. The CBSA and the CITT will also publish notices to provide a description of the circumstances that make the use of an extended time limit necessary.

In regard to SIMA proceedings where time limits are not extended by the Order or where time limits as extended under the Order are not used by the CBSA and CITT, the existing provisions of SIMA apply.

The Order is deemed to have come into force on March 13, 2020.

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^a S.C. 2020, c. 11, s. 11