Canada’s Safeguard investigation process: Extension inquiries

08/05/2024 02:28 - 104 Views

The Tribunal may conduct an extension inquiry to determine if a safeguard measure that is due to expire is still necessary. It issues a notice of expiry eight months before a global safeguard measure is scheduled to expire. The notice is provided to all interested parties and governments, published in the Canada Gazette and posted on the Tribunal’s website.

 

Domestic producers and trade unions whose members are engaged in the Canadian production of like or directly competitive goods may file a request for an extension inquiry by providing information specified by the Tribunal, including facts on the proportion of domestic production accounted for by domestic producers making or supporting the request. If the Tribunal determines that the request is properly documented, it notifies the requester and other interested parties and governments. The Tribunal initiates an extension inquiry within 30 days if it is satisfied that the information provided by the requester and any other information discloses a reasonable indication that the measure is still necessary to prevent or remedy the serious injury, or threat thereof, to domestic producers of like or directly competitive goods and that the request is made on behalf of, or with the support of, domestic producers accounting for a major proportion of domestic production.

 

The extension inquiry is similar to the initial safeguard inquiry. The Tribunal issues a notice, informs interested parties, governments and the Minister of Finance, obtains information through questionnaires, calls for written submissions and may hold a hearing. The Tribunal must submit its report to the Government no later than 45 days before the date of expiry of the measure.

 

As in an initial safeguard inquiry, the Government may ask the Tribunal to examine and report on any other matter relating to the request for an extension inquiry.

 

Notice of the Tribunal’s report is given to interested parties and governments, published in the Canada Gazette and posted on the Tribunal’s website. If the Tribunal determines that the measures remain necessary to prevent or remedy the serious injury or threat thereof and that there is evidence that the domestic producers are adjusting to import competition, the Government may extend the safeguard measures.

Source: The Canadian International Trade Tribunal

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