1. Notice of safeguard inquiry

The Tribunal initiates a safeguard inquiry after determining that such an inquiry is warranted or after the Government directly orders it to do so. If the Tribunal receives a safeguard inquiry referral order from the Government, it must issue a notice of commencement of safeguard inquiry and notify interested persons and governments. The Tribunal also publishes the notice of commencement of safeguard inquiry in the Canada Gazette and posts it on its website.

 

The notice of safeguard inquiry describes the product, including its tariff classification, and outlines the general rules for parties wishing to participate in the safeguard inquiry. It also gives information on the dates for parties to file their written submissions and information requested by the Tribunal, as well as the date and location of the hearing. Detailed information on the contents of the notice is prescribed by rule 85 of the CITT Rules.

 

2. Schedule for the conduct of a safeguard inquiry

The Tribunal has 180 days to conduct a standard safeguard inquiry. However, that statutory deadline can be extended to 270 days in complex cases where the scope of the safeguard inquiry is much larger than usual (e.g., there are several products or several industries producing several products) or when a hearing of several weeks is anticipated due to a large number of parties.

 

The Tribunal’s statutory deadline is also extended to 270 days when the Government directs the Tribunal to examine other matters, including most appropriate safeguard measures to apply in the event of a decision of serious injury or threat thereof. The Government can direct the Tribunal to recommend safeguard measures, either during the conduct of a safeguard inquiry or after receipt of the Tribunal’s report.

 

The following table provides an example schedule of the key events in the conduct of a safeguard inquiry. As long as the statutory deadline for issuance of the report is met, other deadlines can be modified slightly and key events can be added to the schedule, if the circumstances warrant it.

 

Day	Key event
	Issuance of the Tribunal’s decision to initiate a safeguard inquiry and schedule of events Posting of Tribunal questionnaires on its website
15	Notices of participation and representation, and declarations and undertakings of confidentiality
16	Distribution of the list of participants
30	Replies to Tribunal questionnaires
70	Distribution of Tribunal’s official record, including its investigation report
85	Cases of parties that support a determination of serious injury or threat thereof
100	Cases of parties that oppose a determination of serious injury or threat thereof
110	Reply submissions of parties that support a determination of serious injury or threat thereof
120	Commencement of hearing
180	Submission of Tribunal’s report to the Government (for a standard case)
270	Submission of Tribunal’s report to the Government (for a complex case or when the report includes recommendations on most appropriate safeguard measures)

 

3. Notices of participation and representation, and declarations and undertakings of confidentiality

Any person or government wishing to participate as a party in a safeguard inquiry must file Form I—Notice of Participation (Party) within the deadline identified. Each counsel who intends to represent a party in a safeguard inquiry must file Form II—Notice of Representation (Counsel of Record), and to obtain access to confidential information, must also file Form III—Declaration and Undertaking (Counsel of Record) within the deadline identified.

 

A party is not required to be represented by counsel; however, only counsel is able to obtain disclosure of any confidential information on the record. The Tribunal ensures that a public version of any confidential information is available to parties not represented by counsel.

 

4. Questionnaires

At the start of a safeguard inquiry, the Tribunal posts on its website questionnaires to be completed by the complainant, other domestic producers, foreign producers, purchasers and other known interested parties. In these questionnaires, the Tribunal requests information that can cover up to the last five calendar years of activities. These questionnaires seek, among other things, information on the volume and value of imports, domestic production and sales, as well as financial results of domestic producers.

 

The content of the questionnaires is subject to modifications on a case-by-case basis.

Respondents have approximately one month to complete their questionnaires and must send their replies to the Tribunal no later than Day 30.

 

5. Tribunal’s investigation report

The Tribunal prepares an investigation report (public and confidential) based on the information it has collected in the responses to the questionnaires and other relevant information on the official record. The report also sets out the information relating to the factors that the Tribunal must examine to arrive at its decision. The report forms part of the record and is distributed to parties.

 

6. Distribution of Tribunal’s record

On Day 70, the Tribunal distributes the information on the record.

On the distribution date, the Tribunal’s record consists of:

     - the written complaint and any other information accompanying the complaint;

     - replies to Tribunal questionnaires;

     - investigation report;

     - other factual information on domestic production, imports, and domestic and world markets collected from reliable sources; and

     - other information collected from various sources that could improve the evidentiary basis of the safeguard inquiry.

 

7. Written case briefs or submissions

From Day 85 to Day 110, parties are given the opportunity to submit case briefs or submissions, and witness statements in support of, or in opposition to, a determination of serious injury or threat thereof.

 

Written submissions typically contain documentary evidence in the form of a written summary of the case to be made at the hearing, statements of evidence by witnesses who will testify at the hearing and exhibits on which parties will rely in their presentation of the evidence.

 

8. Hearing

On Day 120, a hearing normally starts. A hearing, held before a panel of three members (the decision-makers), can consist of both public sessions and, when the information discussed is of a sensitive or confidential nature, in-camera (private) sessions. It is usually held in the Tribunal’s premises in Ottawa, Ontario, or by videoconference, and can last anywhere from a few days to a few weeks, depending on the complexity of the case and the number of participants.

 

At the hearing, the domestic producers normally provide evidence that goods being imported into Canada are in such increased quantities and under such conditions that it is the principal cause of serious injury or threat thereof. The domestic producers’ evidence may cover such factors as loss of sales to imports, price undercutting, depression or suppression, as well as declines in market share, profitability, return on investments, cash flow, growth, ability to raise capital and employment. Importers or foreign producers, and sometimes users of the goods, typically challenge the domestic producers’ case. They may submit evidence that the particular variety of goods that they are bringing into Canada is not contributing to any serious injury that may be suffered by domestic producers. After cross examination and questions from the Tribunal, each party has an opportunity to summarize its case and respond to the other parties’ cases in final argument.

 

9. Submission of Tribunal’s report to the Government

On Day 180 of a standard case, or on Day 270 of a complex case, the Tribunal issues a report to the Government setting out its determination as to whether the goods subject to the safeguard inquiry are being imported into Canada in such increased quantities and under such conditions as to be a principal cause of serious injury, or thereat thereof, to domestic producers of like or directly competitive goods.

 

When the Government directs the Tribunal to recommend the most appropriate safeguard measures in the event of an affirmative determination of serious injury or threat thereof, the Tribunal has until Day 270 to submit its report with recommendations to the Government.

 

The Tribunal distributes its report, with recommendations, if applicable, to the complainant as well as other interested persons and governments. The Tribunal also posts the report, with recommendations, if applicable, on its website. Notice of the submission of the report is published in the Canada Gazette. If the Government has requested the safeguard inquiry, the Tribunal submits the report, with recommendations, if applicable, to Parliament.

 

Source: The Canadian International Trade Tribunal