After the Tribunal decides a complaint of serious injury is properly documented, it must determine if the initiation of a safeguard inquiry is warranted on the basis of the information provided in the complaint. The Tribunal has to render its decision on Day 51, which is no later than 30 days after determining that the complaint is properly documented.

To initiate a safeguard inquiry, the Tribunal needs to be satisfied that the following three conditions in by subsection 26(1) of the CITT Act are met:

          - Reasonable indication of serious injury – the Tribunal must be satisfied that there is a reasonable indication that the goods are being imported in such increased quantities and under such conditions as to cause or threaten to cause serious injury to domestic producers of like or directly competitive goods.

            - Standing – the complaint is made by, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

           - No recent similar cases – the Tribunal cannot initiate a safeguard inquiry if it has completed or terminated a safeguard inquiry related to the same goods in the two years before the receipt of a complaint.

If the Tribunal decides that the initiation of a safeguard inquiry is warranted, it issues a decision and reasons to the complainant as well as other interested persons and governments that were notified of the properly documented written complaint of serious injury. The Tribunal publishes a notice of decision in the Canada Gazette and posts its decision and reasons on its website. The Tribunal also sends to the Government a copy of the properly documented complaint and any information accompanying the complaint. This starts the investigation phase of the safeguard inquiry process.

If the Tribunal decides that the initiation of a safeguard inquiry is not warranted, it notifies the complainant as well as other interested persons and governments of its decision and provides them with reasons for decision. The Tribunal publishes a notice of decision in the Canada Gazette and posts its decision and reasons on its website. This terminates the safeguard inquiry process.

Furthermore, the Tribunal will not consider initiating a safeguard inquiry following a new complaint of serious injury respecting the same goods, unless the complainant can demonstrate that there has been a change in circumstances since the Tribunal rejected the first complaint. The Tribunal will neither consider initiating a safeguard inquiry if it is of the opinion that the injury caused to the domestic producers is caused by the dumping and/or subsidizing of imports. In such a case, the Tribunal suspends its proceedings and refers the matter to the Canada Border Services Agency (CBSA). The Tribunal can also make this decision during the conduct of a safeguard inquiry. However, if the CBSA does not act upon or terminates its investigation into dumping and/or subsidizing, the Tribunal may initiate or resume the safeguard inquiry, if requested by the complainant.

Source: The Canadian International Trade Tribunal