Vol. 133, No. 40 — October 2, 1999

Rules Amending the Canadian International Trade Tribunal Rules

Statutory Authority

Canadian International Trade Tribunal Act

Sponsoring Department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Canadian International Trade Tribunal is an administrative tribunal established by the Canadian International Trade Tribunal Act (S.C., 1988, c. 56). Section 39 of that Act provides that the Tribunal may, after consultation with the Minister of Finance and with the approval of the Governor in Council, make rules generally governing the proceedings, practice and procedures of the Tribunal. A comprehensive set of rules was enacted on August 14, 1991, in the Canada Gazette, Part II, Vol. 125, No. 18, SOR/91-499. The Rules have been amended from time to time.

The proposed amendments to the Rules are designed to streamline the Tribunal's procedures, expedite the hearing of matters, and provide for new procedures to reflect recent amendments to the Canadian International Trade Tribunal Act and the Special Import Measures Act and to reflect the trade commitments as a result of the World Trade Organization Agreement Implementation Act, the Canada-Chile Free Trade Agreement and the Canada-Israel Free Trade Agreement.

In addition, the proposed amendments Rules contain amendments that flow from the recent amendments to the Canadian International Trade Tribunal Act and the Special Import Measures Act contained in Bill C-35, which received Royal Assent on March 25, 1999. These amendments deal primarily with four areas. They are : (i) notice provisions; (ii) exchange of information between the Tribunal and Revenue Canada with respect to preliminary inquiry and review proceedings; (iii) proceedings governing the conduct of interim and expiry reviews of existing orders and findings; and (iv) disclosure of confidential information to expert witnesses. Rules 62 and 63 on public interest representations and Tribunal notification requirements are repealed as a result of amendments to section 45 of the Special Import Measures Act and the introduction of detailed amendments to the Special Import Measures Regulations in respect of public interest proceedings.

The proposed Rules also amend the earlier Rules. Although the same basic framework has been maintained, numerous changes have been made within that framework. These Rules are intended to provide comprehensive and transparent guidance to parties appearing before the Tribunal and generally to facilitate fair and efficient Tribunal proceedings.

Fairness will be achieved in these Rules by

(a) the establishment of a process for the timely and comprehensive exchange of information between parties before a hearing by way of requests for information;

(b) the establishment of a process for reviews of safeguard measures to reflect amendments to the Canadian International Trade Tribunal Act as a result of the World Trade Organization Agreement Implementation Act; and

(c) the establishment of earlier filing deadlines for certain types of documents, such as subpoenas and expert witness reports.

Efficiency will be achieved in these Rules by

(a) permitting filings and service by electronic transmission;

(b) defining procedures for translation of documents and oral testimony;

(c) permitting three different types of hearings — oral hearings at which parties or their counsel appear before the Tribunal, hearings by way of written submissions and electronic hearings — and setting out the basic requirements for each type of hearing; and

(d) defining procedures for a less formal application process for parties to obtain directions and rulings of the Tribunal on specific matters, such as filing and communication of confidential information, late submissions, postponements and adjournment.

Alternatives

The statute offers limited scope for the consideration of alternatives. As noted above, the Canadian International Trade Tribunal Act provides for rules for regulating the practice and procedure of the Tribunal. The Tribunal has made use of practice notices, guidelines and policy position papers where gaps in the practice and procedure have been identified. Although these tools have worked to a certain extent, they are no substitute for practice and procedure rules. Furthermore, maintaining the status quo was rejected as it would not reflect the recent amendments to the above-noted acts and agreements nor would it enhance fairness or efficiency as the proposed Rules will. Therefore, amending the Canadian International Trade Tribunal Rules is the only effective means of implementing the necessary changes.

Benefits and Costs

The proposed amendments codify existing practices before the Tribunal and resolve deficiencies in the current procedures. By providing fair and efficient hearings, the Tribunal will ensure that the parties are heard both in a timely manner and in accordance with the principles of fundamental justice. The cost of administering the proposed amendments is not anticipated to be greater than the cost of administering the existing rules. The proposed amendments are designed to reduce costs to parties by improving timely exchange of information before a hearing in order to reduce the length and cost of hearings.

The Tribunal has few opportunities to introduce cost recovery. However, it attempts, where possible, to have parties participating in its proceedings absorb the cost of service and reproduction of documents. No additional fee is charged for persons wishing to take advantage of an electronic hearing or who wish to file documents by electronic transmission. Any added costs of supporting electronic hearings or transmissions will be incurred by the Tribunal and are expected to be offset by associated savings in paper processing.

Persons not wishing to take advantage of electronic hearings or transmissions will not be disadvantaged, as they will continue to be able to benefit from either oral hearings or hearings by way of written submissions and be able to file all documents in paper form.

Consultation

At the outset of its review of its practices and procedures, the Tribunal requested informal submissions regarding areas for improvement from stakeholders and counsel who had appeared before it as well as affected departments: Finance, National Revenue, Justice, and Foreign Affairs and International Trade. Not all of the suggested proposals were incorporated in the proposed Rules as some are more properly addressed in other regulations. The Tribunal did incorporate most of the proposals received.

Compliance and Enforcement

Section 17 of the Canadian International Trade Tribunal Act vests the Tribunal with the powers, rights and privileges of a superior court of record. Hence, the Tribunal has the authority of a superior court to enforce its orders and duly exercise its jurisdiction.

Contact

Gerald H. Stobo, General Counsel, Canadian International Trade Tribunal, Standard Life Centre, 15th Floor, 333 Laurier Avenue W, Ottawa, Ontario K1A 0G7, (613) 990-2447 (Telephone), gstobo@citt.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that, after consultation with the Minister of Finance, the Canadian International Trade Tribunal, pursuant to subsection 39(1)(see footnote a) of the Canadian International Trade Tribunal Act,(see footnote b) proposes, with the approval of the Governor in Council, to make the annexed Rules Amending the Canadian International Trade Tribunal Rules.

Interested persons may make representations to the Minister of Finance with respect to the proposed Rules within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Mr. Patrick Saroli, International Trade Policy Division, Department of Finance, L'Esplanade Laurier, East Tower, 14th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 995-1965 (Telephone), (613) 943-1177 (Facsimile).

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

RULES AMENDING THE CANADIAN INTERNATIONAL TRADE TRIBUNAL RULES

AMENDMENTS

1. (1) The definitions "fax" and "Form" in rule 2 of the Canadian International Trade Tribunal Rules(see footnote 1) are repealed.

(2) The definitions "Deputy Minister", "interested party", "intervener"(see footnote 2) and "party"(see footnote 3) in rule 2 of the Rules are replaced by the following:

"Deputy Minister" means the Deputy Minister of National Revenue; (sous-ministre)

"interested party", in relation to an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, means

(a) the complainant, if any, under section 31 of that Act in the investigation in which the preliminary determination referred to in section 42 of that Act was made,

(b) any domestic producer, exporter to Canada or importer into Canada of goods in respect of which the preliminary determination was made,

(c) an association of, or that includes, domestic producers, exporters to Canada or importers into Canada of goods in respect of which the preliminary determination was made,

(d) the government of any country mentioned in the preliminary determination, and

(e) any other person who, because their rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal before the Tribunal disposes of the inquiry or the review, as the case may be, in accordance with that Act; (partie intéressée)

"intervener" means a person who

(a) files a notice of intervention referred to in rule 39 or 40 and has been added as an intervener,

(b) is permitted to intervene under an order of the Tribunal referred to in rule 42, or

(c) is an interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint under section 30.17 of the Act; (intervenant)

"party" means

(a) in the case of an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, an interested party who has filed a notice of participation in the inquiry or review, as the case may be, in accordance with these Rules,

(b) in the case of a proceeding under section 89 or paragraph 91(1)(g) of the Special Import Measures Act, a person to whom notice has been sent under subrule 76(2) or rule 79, if the person has

(c) in the case of an appeal, the appellant, the respondent or an intervener,

(d) in the case of a complaint under subsection 30.11(1) of the Act, the complainant, the government institution or an intervener, and

(e) in the case of any other proceeding, a person who has an interest in the subject-matter of the proceeding and who has

(3) Rule 2 of the Rules is amended by adding the following in alphabetical order:

"address" includes an address for electronic transmission; (adresse)

"document" includes any written documentation, film, photograph and audio tape and any information stored by electronic means; (document)

"electronic hearing" means a hearing held by telephone or video conference, or by any other electronic means by which parties can communicate with each other and the Tribunal orally; (audience électronique)

"electronic transmission" includes communication by fax or electronic mail or by any other electronic means by which parties can communicate; (transmission électronique)

"hearing by way of written submissions" means a hearing held by the exchange of documents; (audience sur pièces)

"other interested party" has the same meaning as in section 3 of the Canadian International Trade Tribunal Regulations; (autres intéressés)

2. Rule 6 of the Rules is replaced by the following:

6. The Tribunal may dispense with, vary or supplement any of these Rules if it is fair and equitable to do so or to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit.

Combining of Proceedings

6.1 The Tribunal may, on its own initiative or on the written request of a party, combine two or more proceedings to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit.

3. Rule 8 of the Rules is replaced by the following:

8. If it is fair and equitable to do so, the Tribunal may extend or abridge the time limits fixed by these Rules or otherwise fixed by the Tribunal, either before or after their expiry.

4. Rule 10 of the Rules and the heading before it are replaced by the following:

Participation

10. (1) A person who proposes to participate in a proceeding, other than a proceeding under Part II or Part X, shall file with the Tribunal a notice of participation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be.

(2) If a person referred to in subrule (1) sets out, in the notice of participation, the name of the counsel by whom they will be represented, the counsel shall file with the Tribunal a notice of representation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be.

5. Rule 12(see footnote 4) of the Rules is replaced by the following:

12. (1) Subject to subrule (2) and rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, each document required or permitted by these Rules to be filed shall be filed by sending to the Secretary, by hand, mail or electronic transmission,

(a) in the case of an appeal, the original and five copies of the document and the number of additional copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties; and

(b) in all other proceedings, the original document and the number of copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties.

(2) A party may make a written request to the Tribunal to file a document as a single copy exhibit.

(3) A document that is filed by electronic transmission shall include a cover page that sets out

(a) the name, address and telephone and fax numbers of the sender;

(b) the date and time of the transmission;

(c) the total number of pages transmitted; and

(d) the name, address and telephone number of a person to contact if transmission problems occur.

(4) When a document is filed by electronic transmission, the sender must immediately send to the Secretary the original document and the number of copies required under subrule (1).

(5) Documents required by these Rules to be filed must be filed no later than 5:00 p.m. on the day on which filing is to be made.

(6) Subject to subrule 31(3) and rule 96, the date of filing of a document is the date on which the document is received by the Tribunal, as evidenced by the date stamped on the document by the Secretary.

Official and Other Languages

12.1 (1) Subject to subrule (2), all documents filed with the Tribunal must be in English or French.

(2) A person may file an original document in a language other than English or French if, at the same time, the person also files a translation of it in English or French and an affidavit attesting to the accuracy of the translation. If the document is required to be served, the translation and affidavit must be served at the same time.

6. (1) Subrules 13(1) and (2) of the Rules are replaced by the following:

13. (1) Subject to rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, the following rules apply to the service of documents:

(a) if a document is required to be served personally, the service shall be made

(b) if a document is not required to be served personally, the service shall be made at the address for service of the party.

(2) Subrules 13(4) to (8) of the Rules are replaced by the following:

(4) The service of a document at an address for service shall be made

(a) by sending it to the address for service by mail, by registered mail or by electronic transmission; or

(b) by leaving it at the address for service.

(5) A document that is served by electronic transmission shall include a cover page that sets out

(a) the name, address and telephone and fax numbers of the sender;

(b) the name of the person to be served;

(c) the date and time of the transmission;

(d) the total number of pages transmitted; and

(e) the name, address and telephone number of a person to contact if transmission problems occur.

(6) In the absence of proof to the contrary, the date of service of a document is

(a) if the document is served personally or by leaving it at the address for service, the date of delivery;

(b) if the document is served by mail or registered mail, the date that is five days after the earliest postal date appearing on the envelope containing the document; and

(c) if the document is served by electronic transmission, the date of the transmission.

(7) If a document is required under these Rules to be served by a party or by direction of the Tribunal, the Tribunal may direct that a proof of service be filed with the Tribunal.

(8) A proof of service of a document shall be made by showing

(a) an acknowledgement of service signed by or on behalf of the person served; or

(b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

7. The Rules are amended by adding the following after rule 13:

Means of Transmission

13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, notifying, servicing or filing may be done by hand, mail, registered mail or electronic transmission.

8. Rule 15 of the Rules is replaced by the following:

15. (1) If a person provides confidential information to the Tribunal under paragraphs 46(1)(a) and (b) of the Act and provides a non-confidential edited version referred to in the latter paragraph, the person shall file with the Tribunal a document marked "confidential" that contains all of the information and that identifies the excerpts that have been deleted from the non-confidential edited version.

(2) Except for the purposes of Part II and Part X, the filing of the documents referred to in subsection (1) is completed when all of them have been filed, and, if they are filed on different dates, the date of filing is the date on which the most recent document is filed.

9. Rules 16 and 17 of the Rules are replaced by the following:

16. (1) For the purpose of section 45 of the Act, a counsel for a party, other than a counsel who is not a resident of Canada or who is a director, servant or employee of the party, who wishes access to confidential information provided to the Tribunal shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that counsel's disposal of the confidential information at the close of the proceeding or in the event of a change of counsel.

(2) A person who is recognized by the Tribunal as an expert, who is acting under the control and direction of a counsel to whom confidential information has been disclosed and who wishes access to some or all of the confidential information shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that expert's disposal of the confidential information at the close of the proceeding or in the event of a change of expert.

(3) Any party or interested person may request, by way of notice of motion in accordance with rule 24, that the Tribunal not disclose some or all of the confidential information to a counsel or expert.

(4) The Tribunal shall notify counsel and the expert, if any, of its decision whether or not to disclose the confidential information and, in the case of a decision not to disclose the information, the Tribunal shall serve its decision in writing, with reasons, on the counsel and the expert.

Filing and Communication of Confidential Information

17. Subject to any other provisions of these Rules, confidential information shall be filed with the Tribunal and may be served only by the Tribunal.

10. (1) Paragraph 18(1)(f) of the Rules is replaced by the following:

(f) any other matter that is relevant to the hearing.

(2) Subrules 18(3) to (5) of the Rules are replaced by the following:

(3) On receipt of a request referred to in subrule (2), the Tribunal may direct that a pre-hearing conference be held unless it determines that a pre-hearing conference would not assist in the orderly conduct of the hearing.

(4) The Tribunal may conduct the pre-hearing conference in any manner that gives the parties or their counsel a fair opportunity to participate.

11. (1) Subrule 20(2) of the Rules is replaced by the following:

(2) A party may obtain a subpoena by making a written request on the relevant Tribunal form that sets out

(a) the name, address and telephone and fax numbers of the party and of the person to be subpoenaed; and

(b) a brief description and the relevance of the evidence to be given by the person to be subpoenaed, including a description of any document to be produced.

(2) Subrule 20(4) of the Rules is replaced by the following:

(4) When a subpoena is served on a person, the original copy of the subpoena shall be filed with the Tribunal forthwith, together with proof of service on the person.

12. Subrules 21(2) and (3) of the Rules are repealed.

13. The heading before Rule 22 and Rules 22 and 23 of the Rules are replaced by the following:

Experts

22. (1) A party who intends to call an expert as a witness at a hearing shall, not less than 20 days before the hearing, file with the Secretary and serve on the other parties a report, signed by the expert, setting out the expert's name, address, qualifications and area of expertise and a detailed outline of the expert's testimony.

(2) A party on whom a copy of a report has been served and who wishes to rebut with expert evidence any matter set out in the report shall, not less than 10 days before the hearing, file with the Secretary a statement setting out the evidence to be introduced in rebuttal and serve a copy of the statement on the other parties.

Hearings

23. (1) Subject to subrule (2), all of the hearings at which the parties or their counsel may appear before the Tribunal are public.

(2) The Tribunal may hold a hearing or any part of one in camera,

(a) on its own initiative or on the written request of a party, for the purpose of receiving confidential information; or

(b) on the written request of a party in which the party establishes that the circumstances justify an in camera hearing.

(3) When the Tribunal holds a hearing or part of one in camera, the hearing or part may be attended only by

(a) a person who is to present confidential information and anyone whom the person requests be permitted to attend;

(b) counsel for a party who has been granted access to confidential information under rule 16;

(c) officers or employees of the Tribunal who have been directed to attend; and

(d) any other person whom the Tribunal authorizes to attend.

(4) A party who requires oral translation in any given language in order to participate in or have a witness testify at a hearing, other than at a hearing by way of written submissions, shall notify the Tribunal in writing of the requirement and of the language of translation, at least 30 days before the hearing.

(5) The Tribunal may permit a party to provide their own oral translation in order to participate in or have a witness testify at a hearing, other than a hearing by way of written submissions, if the party makes a request in writing at least 30 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances.

Written Requests for Decision or Order

23.1 (1) A party shall make a written request to the Tribunal for a decision or order on any matter that arises in the course of a proceeding, other than in respect of a matter referred to in rule 33, 42 or 43.

(2) The party who makes the request shall serve a copy of it on the other parties at the same time as it is filed with the Tribunal.

14. Subrules 24(1) and (2) of the Rules are replaced by the following:

24. (1) The Tribunal shall proceed by way of notice of motion if

(a) it decides not to proceed by way of written request under rule 23.1; or

(b) these Rules so specify.

(2) A notice of motion shall be in writing and set out

(a) a clear and concise statement of the facts, which must be accompanied by an affidavit if the Tribunal so directs; and

(b) the decision or order sought and the grounds for seeking it.

15. The heading before rule 25 and rules 25 and 26 of the Rules are replaced by the following:

Late Filing

24.1 (1) Except in the case of rule 33, if a party is unable or fails to file a notice, statement, report, subpoena, brief, response to a questionnaire or other document within the applicable time limit, the party may make a written request to the Tribunal for permission to file that document.

(2) A request under subrule (1) shall be made by filing the request and eight copies of it.

(3) The request must set out

(a) the relevance of the document; and

(b) the reasons why the document was not filed on time and why it should be accepted.

(4) The Tribunal may allow the document to be filed, in whole or in part, if it determines that to do so is fair and equitable in the circumstances.

(5) The Tribunal shall notify the parties of its decision under subrule (4).

Type of Hearing

25. Unless otherwise required by these Rules, the Tribunal may decide to proceed by way of a hearing at which the parties or their counsel appear before the Tribunal, by way of electronic hearing or by way of a hearing by way of written submissions.

Hearing by Way of Written Submissions

25.1 When the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice to this effect and may

(a) dispose of the matter on the basis of the written documentation before it;

(b) require further information to be furnished by any party; and

(c) invite submissions from any party or any person who may have an interest in the matter.

Electronic Hearing

25.2 When the Tribunal decides to proceed by way of an electronic hearing, the Tribunal shall publish in the Canada Gazette a notice of hearing and send a copy to the known parties before the hearing.

Postponements and Adjournments of Hearings

26. (1) The Tribunal may, on its own initiative or on the written request of a party, postpone or adjourn a hearing, and, in determining whether to grant the request, the Tribunal shall consider, in addition to any other relevant factors, whether a similar issue is being considered before another court whose determination could impact on the matter being heard, whether any prejudice would result if the postponement or adjournment were granted or not granted and whether a postponement or adjournment would unreasonably delay or impede the proceedings.

(2) A request for a postponement shall be made at least 10 days before the hearing and shall set out the reasons for the postponement.

(3) The Tribunal shall notify the parties of its decision under subrule (1).

16. (1) Subrule 28(1) of the Rules is replaced by the following:

28. (1) If the Tribunal makes a decision, declaration, determination, recommendation, order, finding or other ruling in a proceeding, the Secretary shall, forthwith after it is made, send, subject to paragraph 43(2)(a), subparagraphs 76.01(6)(a)(i) and 76.02(5)(a)(i) and subsections 76.03(5) and (6) of the Special Import Measures Act, a copy of it, to each party and to each person who was provided with a notice of commencement of the proceeding.

(2) Subrule 28(3) of the Rules is replaced by the following:

(3) If the Secretary is required by paragraph 43(2)(b), subparagraph 76.01(6)(a)(ii) or 76.02(5)(a)(ii) or subsection 76.03(5) of the Special Import Measures Act to send a copy of the reasons for making an order or finding in a proceeding to the persons specified in subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) or (6) of that Act, as the case may be, the Secretary shall also send a copy of the reasons to every other person who was provided with a notice of commencement of the proceeding.

17. Rule 29 of the Rules is amended by striking out the word "or" at the end of paragraph (a) and by replacing paragraph (b) with the following:

(b) decide the matter in issue on the basis of the information on the record; or

(c) make any order that it considers just and equitable in the circumstances, including a dismissal order.

18. (1) The portion of subrule 31(1) of the Rules before paragraph (a) is replaced by the following:

31. (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal

(2) Subrule 31(2) of the Rules is replaced by the following:

(2) The notice of appeal shall be accompanied by a copy of the assessment, reassessment, rejection, decision, determination or re-determination, as the case may be, from which the appeal is launched.

(3) If the notice of appeal is filed by mail, the date of filing is the earliest postal date appearing on the envelope containing the document, and, in the absence of a proof of mailing, the date of filing is the date on which the document is received by the Tribunal, as evidenced by the date stamped on the document by the Secretary.

19. Rule 33 of the Rules is replaced by the following:

33. An application referred to in section 81.32 of the Excise Tax Act for an extension of time for the serving of a notice of objection or for the institution of an appeal may be made on the relevant Tribunal form.

20. (1) Subrule 34(1) of the Rules is replaced by the following:

34. (1) The appellant shall, within 60 days after filing a notice of appeal under rule 31, file with the Secretary a brief prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the respondent.

(2) Paragraph 34(2)(d) of the Rules is replaced by the following:

(d) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

(3) Rule 34 of the Rules is amended by adding the following after subrule (2):

(3) An appellant who intends to rely at the hearing

(a) on any documents or authorities that were not previously filed with the Tribunal as part of a brief shall, not less than 10 days before the hearing, file them with the Secretary, and subject to rule 17, serve them on the other parties; and

(b) on any physical exhibit shall, not less that 10 days before the hearing, file it with the Secretary and notify the other parties of the filing.

21. (1) Subrule 35(1) of the Rules is replaced by the following:

35. (1) The respondent shall, within 60 days after the service of the appellant's brief under rule 34, file with the Secretary a response prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the appellant.

(2) Paragraph 35(2)(d) of the Rules is replaced by the following:

(d) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

(3) Rule 35 of the Rules is amended by adding the following after subrule (2):

(3) A respondent who intends to rely at the hearing

(a) on any documents or authorities that were not previously filed with the Tribunal as part of a response shall, not less than 10 days before the hearing, file them with the Secretary and, subject to rule 17, serve them on the other parties; and

(b) on any physical exhibit shall, not less than 10 days before the hearing, file it with the Secretary and notify the other parties of the filing.

22. Rule 36 of the Rules is replaced by the following:

36. The Tribunal may, at any time, direct a party to file with the Tribunal any written submissions, documents or evidence relating to an appeal.

Hearing by Way of Written Submissions

36.1 If, on the Tribunal's own initiative or on the written request of a party, the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice of hearing in the Canada Gazette that

(a) includes the manner and time for the filing of briefs by the parties; and

(b) if appropriate, requires the appellant and respondent to file an agreed statement of any relevant facts.

23. Rules 38 to 40 of the Rules are replaced by the following:

38. When the Tribunal has fixed the date for a hearing, the Secretary shall notify, in writing, all of the parties to the appeal and their counsel.

Notice of Intervention in an Appeal under the Customs Act or the Special Import Measures Act

39. An appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act may be made by filing with the Secretary a notice of intervention on the relevant Tribunal form.

Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act

40. An intervention referred to in subsection 81.33(9) of the Excise Tax Act may be made by filing with the Secretary a notice of intervention on the relevant Tribunal form.

Notice of Intervention

40.1 A person who files a notice of intervention referred to in rule 39 or 40 shall specify

(a) the nature of their interest in the appeal;

(b) the reason why their intervention is necessary;

(c) how the person may assist the Tribunal in the resolution of the appeal; and

(d) any other relevant matters.

24. Subrules 41(1) and (2) of the Rules are replaced by the following:

41. (1) If a person has filed a notice of intervention under rule 39 or 40 and the Tribunal determines that, in the interests of fairness and equity, the parties to the appeal should be given an opportunity to make representations in respect of the intervention, the Secretary shall serve a copy of the notice on every person who is a party when the notice is filed.

(2) If the Tribunal determines that the person referred to in subrule (1) shall be added as an intervener, the Secretary shall send a written notice to that effect to the other parties to the appeal.

25. Subrule 42(1) of the Rules is replaced by the following:

42. (1) An application referred to in subsection 81.34(1) of the Excise Tax Act for an order permitting a person to intervene in an appeal may be made on the relevant Tribunal form.

26. Rules 43 and 44 of the Rules are replaced by the following:

43. An application referred to in subsection 81.34(2) of the Excise Tax Act for an order permitting a person to render assistance to the Tribunal by way of argument in an appeal may be made on the relevant Tribunal form.

Discontinuance

44. A party who instituted an appeal may, on or before the day fixed for the commencement of the hearing of the appeal, discontinue the appeal by filing with the Secretary a notice of discontinuance on the relevant Tribunal form and by serving forthwith a copy of it on the other parties to the appeal.

27. Rules 47 and 48 of the Rules are replaced by the following:

47. (1) When a matter is referred back to the Tribunal by the Federal Court for re-hearing under subsection 68(2) of the Customs Act or for re-hearing under paragraph 62(2)(b) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of re-hearing that sets out the following information:

(a) the subject-matter of the re-hearing;

(b) the statutory authority for and the circumstances leading to the re-hearing; and

(c) any other information that is relevant to the re-hearing that the Tribunal specifies.

(2) The Secretary shall send a copy of the notice referred to in subrule (1) to each party to the appeal.

(3) After the publication of the notice referred to in subrule (1), the Tribunal may fix a time and place for a pre-hearing conference for the purpose of deciding the following matters:

(a) the issues to be addressed in the re-hearing;

(b) the record of the re-hearing;

(c) the introduction of new evidence, the calling of witnesses and the filing of any written submissions;

(d) the date of the re-hearing; and

(e) any other matter respecting the procedure to be followed in the re-hearing that would aid in its orderly conduct.

PART III

REFERENCES UNDER SUBSECTION 33(2) OF THE SPECIAL IMPORT MEASURES ACT

Application

48. This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act.

28. Subrule 52(3)(see footnote 5) of the Rules is replaced by the following:

(3) If the Tribunal terminates a proceeding under paragraph 35.1(1)(b) or, if applicable, 35.1(1)(c) of the Special Import Measures Act, the Secretary shall give notice of the termination to the Deputy Minister and to every person and government named in the list referred to in paragraph 51(c).

29. The Rules are amended by adding the following after section 52:

PART III.1

PRELIMINARY INQUIRIES UNDER SUBSECTION 34(2) OF THE SPECIAL IMPORT MEASURES ACT

Application

52.1 This Part applies to a preliminary injury inquiry conducted by the Tribunal under subsection 34(2) of the Special Import Measures Act as a consequence of the receipt by the Secretary of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods.

Notice of Commencement of Preliminary Inquiry

52.2 When a notice of initiation of an investigation of dumping or subsidizing is filed with the Secretary, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of a preliminary inquiry that sets out the following information:

(a) the statutory authority for the inquiry;

(b) the subject-matter of the inquiry;

(c) the date on or before which an interested party must file a notice of participation;

(d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

(e) the date on or before which any written submissions must be filed;

(f) the number of copies of each written submission that must be filed;

(g) instructions with respect to the filing of confidential information;

(h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the preliminary inquiry may be obtained; and

(i) any other information that is relevant to the preliminary injury inquiry that the Tribunal specifies.

Sending a Notice of Commencement of Preliminary Inquiry

52.3 The Secretary shall send a copy of a notice of commencement of preliminary inquiry referred to in rule 52.2 to

(a) the Deputy Minister;

(b) all of the persons known to the Tribunal to be interested parties; and

(c) the government of any country from which goods in respect of which the initiation of a dumping or subsidizing investigation was made were exported to Canada.

Information to be Filed by the Deputy Minister

52.4 When the Deputy Minister causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the Deputy Minister shall cause to be filed with the Secretary, in addition to the notice required to be given under paragraph 34(1)(a) of that Act,

(a) a copy of the Deputy Minister's statement of reasons for initiating the investigation;

(b) a copy of both the public and, if applicable, confidential version of the written complaint made to the Deputy Minister under subsection 31(1) of the Special Import Measures Act; and

(c) any other information that has been taken into consideration by the Deputy Minister.

52.5 When the Tribunal terminates a proceeding under paragraph 35.1(1)(b) of the Special Import Measures Act, the Secretary shall give notice of the termination to the Deputy Minister and to every person and government referred to in rule 52.3.

30. Rules 53 to 55 of the Rules are replaced by the following:

53. This Part applies to an inquiry in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt by the Secretary of a notice of a preliminary determination of dumping or subsidizing in respect of goods.

Notice of Commencement of Inquiry

54. If a notice of a preliminary determination of dumping or subsidizing is filed with the Secretary under the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

(a) the statutory authority for the inquiry;

(b) the subject-matter of the inquiry, together with any other details of the inquiry that the Tribunal directs;

(c) the date on or before which an interested party must file a notice of participation;

(d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

(e) the date on or before which an interested person may file written representations under subsection 45(6) of that Act;

(f) the date on or before which any written submissions must be filed;

(g) the number of copies of each written submission that must be filed;

(h) instructions with respect to the filing of confidential information;

(i) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained;

(j) the place and time fixed for the commencement of a hearing in the inquiry; and

(k) any other information that is relevant to the inquiry that the Tribunal specifies.

Sending of a Notice of Commencement of Inquiry

55. The Secretary shall send a copy of a notice of commencement of inquiry referred to in rule 54 to

(a) the Deputy Minister;

(b) all of the persons known by the Tribunal to be interested parties; and

(c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada.

31. Rules 59 to 63 of the Rules are replaced by the following:

59. In an inquiry, the Secretary shall, after the expiry of the date on or before which interested parties are required to file a notice of participation, make available, in the manner that the Tribunal directs,

(a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and

(b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential.

Written Submissions and Documentary Evidence

60. (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

(a) written submissions, documents or evidence relating to the inquiry;

(b) a statement of the evidence adduced or to be adduced by the party; and

(c) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry.

(2) In the case of an inquiry under section 31 of the Special Import Measures Act, the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person.

Information to be Provided by Parties

61. In considering an issue of injury or retardation or threat of injury, the Tribunal may at any time direct a party to an inquiry to produce information that relates to the factors prescribed by section 37.1 of the Special Import Measures Regulations.

Request for Information

61.1 (1) In this rule, a request for information includes a request for the production of a document.

(2) A party may direct a request for information to any other party.

(3) A party that makes a request for information shall file the request with the Tribunal and serve it on the other parties within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct.

(4) A request for information shall

(a) be in writing;

(b) set out the name of the party to whom it is addressed;

(c) number each request for information consecutively;

(d) explain how the request is relevant or necessary to the proceeding; and

(e) be dated.

(5) If the party to whom the request is addressed refuses to give some or all of the information requested, that party must, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

(a) if the party contends that some or all of the information requested is not relevant or necessary, give reasons in support of that contention;

(b) if the party contends that some or all of the information requested is not available, give reasons for its unavailability and provide any other available information that the party considers may be of assistance to the requesting party; and

(c) if the party makes any other contention, including a contention based on criteria referred to in paragraphs (7)(c) to (f), give reasons in support of that contention.

(6) The Tribunal may, on its own initiative or on the request of a party, refuse the request or grant all or part of it on the basis of criteria set out in subrule (7).

(7) For the purpose of subrule (6), the Tribunal shall take the following criteria into account:

(a) the relevance and necessity of the information requested;

(b) any contentions referred to in subrule (5);

(c) the sufficiency of the information already on the record;

(d) the availability of the information from other sources;

(e) the ability or inability of the party to respond; and

(f) any other matter relevant to the request.

(8) If the Tribunal orders the party to whom the request is addressed to provide some or all of the information requested, the party shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

(a) serve on the other party

(b) file with the Tribunal copies of the responses and information in the number that the Secretary indicates are necessary for the Tribunal and the interested parties.

(9) A party to whom a request for information is directed complies with the order of the Tribunal if the party indicates to the other party which of its records contain the relevant information and

(a) the party specifies in sufficient detail where the information may be found;

(b) the burden of obtaining the information is substantially the same for either party; and

(c) the party directing the request is given a reasonable opportunity to examine the records and make copies or summaries of them.

(10) If a party provides confidential information in a response to a request for information, the party shall, despite rule 17, serve the information on any counsel for a party who has been granted access to the confidential information.

(11) If a party files a response or documents that contain confidential information, the party who provides the confidential information shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, file a non-confidential edited version of the response in accordance with paragraph 46(1)(b) of the Act.

(12) If a party to whom a request for information is directed does not comply with this rule, the party who directed the request for information may request the Tribunal to order compliance.

Notice of Matters Arising

61.2 (1) A party who wishes to have supplementary information relating to submissions, evidence and responses to requests for information that are filed by another party with the Tribunal shall serve a notice on all of the parties before the start of a hearing, to have the party answer questions or provide documents or other information at the hearing concerning the matters arising from the material filed.

(2) A party who makes a request shall file the notice with the Tribunal.

(3) The notice shall

(a) be in writing;

(b) identify the party who will be required to answer questions or bring specified documents or information;

(c) number each matter consecutively;

(d) specify the information or documents requested, with an explanation of how they are relevant or necessary to the proceeding; and

(e) be dated.

(4) The Tribunal shall notify the parties in writing on which matters they must be prepared to answer questions at the hearing and specify which documents, if any, that they must be prepared to bring with them to the hearing.

Information to be Filed by the Secretary — Advice under Section 46 of Special Import Measures Act

62. When the Tribunal advises the Deputy Minister under section 46 of the Special Import Measures Act, the Secretary shall cause to be filed with the Deputy Minister, in addition to the written notice referred to in that section, a copy of the information relied on by the Tribunal in giving its advice.

32. Rule 66 of the Rules is replaced by the following:

66. The Secretary shall forthwith send a copy of the notice of recommencement of inquiry referred to in rule 65 to the persons referred to in paragraph 44(2)(a) of the Special Import Measures Act.

33. The Rules are amended by adding the following after section 68:

PART V.1

PUBLIC INTEREST INQUIRY UNDER SECTION 45 OF THE SPECIAL IMPORT MEASURES ACT

Notice of Commencement of Inquiry

68.1 (1) If a public interest inquiry is initiated arising out of a finding of injury as a result of an inquiry referred to in section 42 of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

(a) the statutory authority for the inquiry;

(b) the subject-matter of the inquiry, together with any other details of the inquiry that the Tribunal directs;

(c) the date on or before which an interested party or interested person must file a notice of participation;

(d) the date on or before which counsel for an interested party or interested person, if any, must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

(e) the date on or before which any written submissions must be filed;

(f) the number of copies of each written submission that must be filed;

(g) instructions with respect to the filing of confidential information;

(h) the date, place and time fixed for the commencement of a hearing in the inquiry; and

(i) any other information that is relevant to the inquiry that the Tribunal specifies.

(2) The Secretary shall send a copy of a notice of commencement of inquiry referred to in subrule (1) to

(a) the Deputy Minister;

(b) all of the persons known by the Tribunal to be interested parties or interested persons; and

(c) the government of any country from which goods in respect of which the final determination was made were exported to Canada.

Information to be Provided by the Secretary

68.2 The Secretary shall, forthwith after the expiry of the date on or before which interested parties or interested persons are required to file a notice of participation or counsel for them is required to file a notice of representation, provide each counsel and, where an interested party or interested person is not represented by counsel, that interested party or interested person, with the following information:

(a) the names and addresses of all parties and interested persons to the inquiry and their counsel, if any; and

(b) the procedure for the filing of documents.

Written Submissions and Documentary Evidence

68.3 The Tribunal may at any time direct any party or interested person to a public interest inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

(a) written submissions, documents or evidence relating to the inquiry;

(b) a statement of the evidence adduced or to be adduced by the party or interested person; and

(c) a description of any exhibit in other than documentary form that the party or interested person intends to adduce at the inquiry.

Additional Information to be Provided by Parties or Interested Persons

68.4 The Tribunal may at any time direct a party or interested person to a public interest inquiry to produce any additional information that relates to any factors or that it considers relevant to the inquiry.

34. Part VI of the Rules is replaced by the following:

PART VI

REVIEWS UNDER SECTIONS 76.01, 76.02, 76.03 AND 76.1 OF THE SPECIAL IMPORT MEASURES ACT

Application

69. This Part applies in respect of a review of an order or finding by the Tribunal

(a) under subsection 76.01(1), 76.02(1) or 76.03(3) of the Special Import Measures Act, whether on the Tribunal's own initiative or at the request of the Deputy Minister or any other person or of any government;

(b) under subsection 76.02(3) of that Act, if the order or finding is referred back to the Tribunal under an order made by a panel under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4) of that Act; or

(c) under subsection 76.1(2) of that Act.

Review under Section 76.01 or 76.02 of the Special Import Measures Act

70. (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act shall be filed with the Secretary and shall set out the following information:

(a) the name, address for service, telephone number and fax number, if any, of the person making the request and of their counsel, if any;

(b) the nature of their interest in the order or finding;

(c) the grounds on which the person believes initiation of the review is warranted and a statement of the facts on which the grounds are based; and

(d) the nature of the order or finding that the person believes the Tribunal should make under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act on completion of the review.

(2) On receipt of a request referred to in subrule (1), the Tribunal shall inform each party to the inquiry that resulted in the order or finding of its receipt of the request and shall give them an opportunity to make representations to the Tribunal concerning the request.

71. (1) If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of review that sets out the following information:

(a) the statutory authority for the review;

(b) the subject-matter of the review, together with any other details of the review that the Tribunal directs;

(c) the date on or before which an interested party must file a notice of participation;

(d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

(e) the date on or before which any written submissions must be filed;

(f) the number of copies of each written submission that must be filed;

(g) instructions with respect to the filing of confidential information;

(h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review may be obtained; and

(i) the place and time fixed for commencement of a hearing in the review.

(2) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

72. In order to decide whether an interim review under section 76.01 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information concerning

(a) whether changed circumstances or new facts have arisen since the making of the order or finding;

(b) facts that were not put in evidence in the original proceedings and that were not discoverable by the exercise of reasonable diligence; and

(c) any other matter that is relevant to the review.

73. When the Tribunal makes an order or a finding under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act, the Secretary shall

(a) send a copy of the order or finding and the reasons for the decision to each party and to each person who was provided with the notice of review; and

(b) cause a notice of it to be published in the Canada Gazette in accordance with the appropriate subsection of that Act.

Review under Section 76.03 of the Special Import Measures Act

73.1 (1) When an order or a finding is deemed to be rescinded on the expiry of a five-year period in accordance with subsection 76.03(1) of the Special Import Measures Act, the notice of expiry that the Secretary must cause to be published in the Canada Gazette in accordance with subsection 76.03(2) of that Act shall set out the following information:

(a) the date on which the order or finding will be deemed to be rescinded;

(b) the date on or before which any written submissions must be filed by any person or government requesting or opposing the initiation of a review of the order or finding;

(c) the number of copies of each written submission that must be filed;

(d) instructions with respect to the filing of confidential information; and

(e) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the expiry may be obtained.

(2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal shall

(a) if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision;

(b) if it makes an order not to initiate a review under subsection 76.03(5) of that Act, ask the Secretary to cause a notice of that order to be published in accordance with that subsection; or

(c) if it decides to initiate a review, ask the Secretary to publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

(3) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information that addresses the following:

(a) the likelihood of a continuation or resumption of dumping or subsidization of the goods;

(b) the likely volume and price ranges of dumped or subsidized imports if dumping or subsidization were to continue or resume;

(c) the domestic industry's recent performance, including trends in production, sales, market share and profits;

(d) the likelihood of injury to the domestic industry if the order or finding were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped or subsidized imports on the industry's future performance;

(e) any other developments affecting, or likely to affect, the performance of the domestic industry;

(f) changes in circumstances, domestically or internationally, including changes in the supply or demand for the goods, and changes in trends in, and sources of, imports into Canada; and

(g) any other matter that is relevant to the review.

73.3 If the Deputy Minister determines under subsection 76.03(9) of the Special Import Measures Act that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the Deputy Minister shall cause to be filed with the Secretary, in addition to the notice of determination that must be provided under paragraph 76.03(7)(b) of that Act,

(a) the reasons for the determination;

(b) information relating to the enforcement of the Tribunal's order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and

(c) any other information that has been taken into consideration by the Deputy Minister.

73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, the Secretary shall

(a) send a copy of the order and reasons for it to each party and to each person who was provided with the notice of review; and

(b) cause a notice of it to be published in the Canada Gazette.

Review under Section 76.1 of the Special Import Measures Act

73.5 (1) If the Minister of Finance requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Secretary shall publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

(2) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.6 If the Tribunal makes an order or a finding under subsection 76.1(2) of the Special Import Measures Act, the Secretary shall

(a) send a copy of the order or finding and the reasons for the decision to each party and to each person who was provided with the notice of review; and

(b) cause a notice of it to be published in the Canada Gazette.

Application of Certain Rules

73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part.

(2) Rules 61.1 and 61.2 do not apply to a review under section 76.1 of the Special Import Measures Act.

35. (1) Subparagraphs 76(1)(f)(ii) and (iii) of the Rules are replaced by the following:

(2) The portion of subrule 76(2) of the Rules before paragraph (a) is replaced by the following:

(2) The Secretary shall send a copy of a notice of request for a ruling to the following persons:

36. Subparagraphs 78(f)(ii) and (iii) of the Rules are replaced by the following:

37. The portion of rule 79 of the Rules before paragraph (a) is replaced by the following:

79. The Secretary shall send a copy of the notice of reconsideration referred to in rule 78 to the following persons and governments:

38. Rule 81 of the Rules is replaced by the following:

81. Rules 59 and 60 apply, with any modifications that the circumstances require, to a request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal under paragraph 91(1)(g) of that Act.

39. Rule 82 (see footnote 6) of the Rules is replaced by the following:

82. This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer.

40. Rule 83 of the Rules is renumbered as subrule 83(1) and is amended by adding the following:

(2) In addition to the information specified in subrule (1), information that is necessary to apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal Regulations shall be filed at the request of the Tribunal.

41. Subparagraphs 85(f)(ii) and (iii) of the Rules are replaced by the following:

42. The portion of rule 86 of the Rules before paragraph (a) is replaced by the following:

86. The Secretary shall send a copy of a notice of inquiry referred to in rule 85 to

43. Rules 88 and 89 (see footnote 7) of the Rules are replaced by the following:

88. Rules 59 and 60 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

PART X

REFERENCES UNDER SECTION 19 AND REVIEWS UNDER SECTION 19.02 OF THE ACT

Application

89. This Part applies in respect of

(a) a standing reference made to the Tribunal under section 19 of the Act by the Minister for inquiry and report into

(b) a review made under section 19.02 of the Act.

44. (1) The portion of subrule 90(1) of the Rules before paragraph (a) is replaced by the following:

90. (1) A written complaint by a domestic producer referred to in paragraph 89(a) shall be

(2) Subrule 90(2) of the Rules is replaced by the following:

(2) If the Tribunal determines that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the domestic producer has suffered, or may suffer, injury as a result of imports occurring or that might occur under the tariff preferences referred to in paragraph 89(a), the Tribunal shall commence an inquiry into the complaint.

45. The portion of rule 91 of the Rules before paragraph (a) is replaced by the following:

91. If a temporary safeguard measure that has been implemented by the Government of Canada to prevent or remedy the injury caused to domestic producers by imports under the tariff preferences referred to in paragraph 89(a) is scheduled to expire, the Secretary shall, in order for the Tribunal to receive and review written submissions that may be made by interested parties in relation to the future status of the measure, cause to be published in the Canada Gazette, not later than 10 months before the measure is scheduled to expire, a notice of expiry that sets out the following information:

46. Rule 92 of the Rules is replaced by the following:

92. Rules 59, 60 and 85 to 87 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

Notice of Review Under Section 19.02 of the Act

92.1 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, the Secretary shall cause to be published in the Canada Gazette, not later than five months before the review, a notice of mid-term review that sets out the following information:

(a) the statutory authority for the review of the safeguard measure;

(b) the date of the mid-point of the safeguard measure to be reviewed;

(c) the subject-matter of the review;

(d) the date on or before which a notice of participation or any written submissions must be filed;

(e) the address of the Tribunal for the filing or service of documents and where information in respect of the review may be obtained; and

(f) any other information that is relevant to the review that the Tribunal specifies.

Sending of Notice of Mid-term Review

92.2 The Secretary shall send a copy of the notice of mid-term review referred to in rule 92.1 to each interested party.

Disposal of Mid-term Review

92.3 A mid-term review referred to in rule 92.1 shall be decided on the basis of a hearing by way of written submissions unless the Tribunal, on its own initiative or on the written request of a party, decides to proceed by way of a hearing at which the parties or their counsel appear before the Tribunal or by way of an electronic hearing.

Application of Certain Rules

92.4 Rules 59 and 60 apply, with any modifications that the circumstances require, to a review referred to in rule 92.1.

47. The definition "send" (see footnote 8) in rule 93 of the Rules is replaced by the following:

"send", in respect of a document, information or a notification, means to transmit by hand, registered mail or electronic transmission; (envoyer)

48. Rule 94 (see footnote 9) of the English version of the Rules is replaced by the following:

94. This Part applies in respect of inquiries into complaints made by potential suppliers under subsection 30.11(1) of the Act.

49. Subrule 96(2) (see footnote 10) of the Rules is replaced by the following:

(2) For the purpose of subrule (1), the day of receipt is the day stamped by the Secretary on the complaint or on the document containing the information that corrects the deficiencies.

50. Rule 101 (see footnote 11) of the Rules is replaced by the following:

101. If the Tribunal decides to conduct an inquiry, the Tribunal shall forthwith send a notification in writing to the complainant, the government institution and any other interested party and the Secretary shall publish a notice of commencement of inquiry in the publication entitled Government Business Opportunities.

51. Subrule 103(4) (see footnote 12) of the Rules is replaced by the following:

(4) The government institution may, within the time limit set out in subrule (1), make a written request to the Tribunal for an extension of that time limit and shall set out in the application the reasons for the extension.

52. (1) Subrule 104(1) (see footnote 13) of the Rules is replaced by the following:

104. (1) Subject to subrule 107(5), the complainant shall, within seven days after the day on which the Tribunal sends a copy of the statement to the complainant under subrule 103(3), file with the Tribunal comments on the statement or make a written request to have the case decided on the basis of a hearing by way of written submissions.

(2) Subrule 104(3) (see footnote 14) of the Rules is replaced by the following:

(3) The Tribunal may extend the time limit for the filing of comments under subrule (1) if the complainant makes a written request for the extension within the time limit referred to in that subrule and the specific circumstances of the complaint warrant the extension.

53. The heading (see footnote 15) before rule 105 of the Rules is replaced by the following:

Hearing of Complaints

54. (1) Subrules 105(1)(see footnote 16) and (2)(see footnote 17) of the Rules are replaced by the following:

105. (1) The Tribunal may, in respect of the merits of a complaint, and on the written request of the complainant or on the Tribunal's own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear before the Tribunal.

(2) The request for a hearing shall be submitted as soon as possible during the course of the proceedings on the complaint.

(2) Subrule 105(6)(see footnote 18) of the Rules is replaced by the following:

(6) The Tribunal may direct that a hearing be held if at any time during the proceeding it decides that a hearing is needed to clarify material issues.

55. Rule 106(see footnote 19) of the Rules is repealed.

56. (1) Subrules 107(1) to (4) (see footnote 20) of the Rules are replaced by the following:

107. (1) When the complainant, the government institution or an intervener requests an expeditious determination of a complaint, the Tribunal shall consider the feasibility of using the express option procedure set out in subrule (5).

(2) The Tribunal may apply the express option in the case of any complaint that is suitable for resolution within 45 days.

(3) A request for the express option shall be made in writing and submitted to the Secretary not later than three days after a notice of inquiry is given under subsection 30.12(3) of the Act.

(4) The Tribunal shall determine whether or not to apply the express option within two days after receiving a request for it and shall notify the complainant, the government institution and all of the interveners of its determination.

(2) Paragraph 107(5)(e) (see footnote 21) of the Rules is replaced by the following:

(e) the Tribunal shall issue a determination on the complaint within 45 days after determining that the express option will be applied.

57. The Rules are amended by adding the following after rule 108:

PART XII

EXTENSION INQUIRIES UNDER SECTION 30.07 OF THE ACT

Application

109. This Part applies in respect of an extension inquiry under section 30.07 of the Act.

Notice of Expiry

110. If the Tribunal is required to publish a notice of expiry under subsection 30.03(1) of the Act in respect of an order referred to in that subsection, the notice shall be published in the Canada Gazette not later than eight months before the expiry date and shall set out

(a) the date on which the order is scheduled to expire;

(b) the date on or before which written submissions must be filed by interested parties requesting or opposing an extension inquiry;

(c) the address of the Tribunal for the filing or service of documents and where information in respect of the extension inquiry may be obtained;

(d) the number of copies of each written submission that must be filed;

(e) instructions in respect of the filing of confidential information; and

(f) any other relevant information that the Tribunal may require.

Request for Extension

111. A request for an extension inquiry filed with the Tribunal shall be signed by the requester or by their counsel, if any, and, in addition to providing the information required by section 30.05 of the Act, shall be accompanied by the following information:

(a) the name, address and telephone and fax numbers, if any, of the requester or their counsel;

(b) the name and description of the imported goods and the like or directly competitive goods;

(c) the names of the domestic producers on whose behalf the request is being made and the proportion of total domestic production of like or directly competitive goods that is produced by them;

(d) any information that is necessary to address the matters raised in subsection 4(1) and section 6 or 7 of the Canadian International Trade Tribunal Regulations and subsection 30.03(2) of the Act, as the case may be; and

(e) a statement indicating why the order that is the subject of the extension inquiry continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

112. If a notice is provided under subsection 30.06(3) of the Act, the Tribunal shall give the other interested parties referred to in that subsection an opportunity to make representations to the Tribunal concerning the request referred to in rule 111.

113. If the Tribunal decides to conduct an extension inquiry, the Secretary shall forthwith cause to be published in the Canada Gazette a notice to that effect that sets out the following information:

(a) the statutory authority for the extension inquiry;

(b) the subject-matter of the extension inquiry, together with any other details of the extension inquiry that the Tribunal directs;

(c) the date on or before which an interested party must file a notice of participation;

(d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

(e) the date on or before which written submissions must be filed;

(f) the number of copies of each written submission that must be filed;

(g) instructions with respect to the filing of confidential information;

(h) the address of the Tribunal to which written submissions or correspondence may be sent or delivered and at which information in respect of the extension inquiry may be obtained;

(i) the place and time fixed for the commencement of a hearing in the extension inquiry; and

(j) any other information that is relevant to the extension inquiry that the Tribunal specifies.

Application of Certain Rules

114. Rules 59 and 60 apply, with any modifications that the circumstances require, in respect of an extension inquiry conducted by the Tribunal under this Part.

58. The schedule to the Rules is repealed.

COMING INTO FORCE

59. These Rules come into force on the day on which they are registered.

[40-1-o]

Regulations Amending the Income Tax Regulations

Statutory Authority

Income Tax Act

Sponsoring Department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

Description

There are special rules in the Income Tax Act dealing with "cemetery care trusts" and "eligible funeral arrangements". An exemption from income tax was enacted as part of Bill C-28 in June 1998 for cemetery care trusts, which are provincially regulated trusts established for the care and maintenance of cemeteries. Income earned in connection with "eligible funeral arrangements" is generally only taxed on distribution, and only if the distribution is not for funeral or cemetery services.

Section 202 of the Income Tax Regulations provides rules setting out the circumstances under which information returns are required in connection with payments to persons resident outside Canada. It is amended to provide that any person who has paid or credited a taxable amount in respect of an eligible funeral arrangement to a non-resident must make an information return in prescribed form. This information return will enable Revenue Canada to better enforce the requirement under the Act that amounts be deducted at source from such payments and remitted to the Receiver General.

Section 204 of the Regulations generally requires that a person receiving income, gains or profits in a fiduciary capacity file an information return with Revenue Canada in respect of such amounts within 90 days from the end of the taxation year in which such amounts arose. It is amended so that this requirement does not apply to a tax-exempt cemetery care trust.

Alternatives

No alternatives were considered.

Benefits and Costs

These amendments should have no revenue implications.

Consultation

These amendments were made in consultation with Revenue Canada.

Compliance and Enforcement

The Income Tax Act provides the necessary compliance mechanisms for the Income Tax Regulations. The Act allows the Minister of National Revenue to assess and reassess tax payable, conduct audits and seize relevant records and documents.

Contact

Grant Nash, Tax Legislation Division, Department of Finance, L'Esplanade Laurier, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 992-5287.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 221(see footnote c) of the Income Tax Act,(see footnote d) proposes to make the annexed Regulations Amending the Income Tax Regulations.

Any interested person may make representations concerning the proposed amendments within 30 days after the date of publication of this notice. All such representations must be addressed to Grant Nash, Tax Policy Officer, Tax Legislation Division, Tax Policy Branch, Department of Finance, L'Esplanade Laurier, East Tower, 17th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, and cite the Canada Gazette, Part I, and the date of this notice.

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE INCOME TAX REGULATIONS

AMENDMENTS

1. Subsection 202(2) of the Income Tax Regulations(see footnote 22) is amended by striking out the word "or" at the end of paragraph (k), by adding the word "or" at the end of paragraph (l) and by adding the following after paragraph (l):

(m) a payment described in paragraph 212(1)(v) of the Act,

2. Subsection 204(3) of the Regulations is amended by striking out the word "or" at the end of paragraph (d) and by adding the following after paragraph (d):

(d.1) a cemetery care trust; or

APPLICATION

3. (1) Section 1 applies to payments made or credited after 1999.

(2) Section 2 applies to the 1998 and subsequent taxation years.

[40-1-o]

Regulations Amending the Special Import Measures Regulations

Statutory Authority

Special Import Measures Act

Sponsoring Department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The amendments to the Regulations complement Bill C-35 [An Act to Amend the Special Import Measures Act and Canadian International Trade Tribunal Act], which received Royal Assent on March 25, 1999.

Alternatives

There are no alternatives to amending the Special Import Measures Regulations.

Benefits and Costs

The regulatory amendments will ensure greater transparency by setting out factors to be considered in injury investigations, public interest inquiries, and expiry reviews under the Special Import Measures Act. The amendments also clarify certain existing regulatory provisions.

There are no cost implications associated with these regulatory amendments.

Consultation

The Regulations implement elements of the Government response to the 1996 Parliamentary Report on the Special Import Measures Act, which report was based on extensive public hearings that included representations from a wide range of interested parties. The draft Regulations were also tabled before the House of Commons Standing Committee on Foreign Affairs during its deliberation of Bill C-35.

The regulatory amendments are being prepublished to afford interested persons a 30-day period in which to submit comments before the Regulations are finalized to be published in the Canada Gazette, Part II.

Compliance and Enforcement

The Regulations will be administered by the Department of National Revenue and the Canadian International Trade Tribunal.

Contact

P. M. Saroli, International Trade Policy Division, Department of Finance, Ottawa, Ontario K1A 0G5, (613) 995-1965.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 97(see footnote e) of the Special Import Measures Act, proposes to make the annexed Regulations Amending the Special Import Measures Regulations.

Interested persons may make representations to the Minister of Finance with respect to the proposed Rules within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Mr. Patrick Saroli, International Trade Policy Division, Department of Finance, L'Esplanade Laurier, East Tower, 14th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 995-1965 (Telephone), (613) 943-1177 (Facsimile).

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE SPECIAL IMPORT MEASURES REGULATIONS

AMENDMENTS

1. In the portion of subsection 11(1) of the Special Import Measures Regulations(see footnote 23) before paragraph (a), the expression "subparagraph 20(c)(ii)" is replaced by the expression "subparagraph 20(1)(c)(ii)".

2. (1) In the portion of section 13 of the Regulations before paragraph (a), the expression "paragraph 11(b)" is replaced by the expression "paragraph 11(1)(b)".

(2) In paragraph 13(c) of the Regulations, the expression "subparagraph 11(b)(iv)" is replaced by the expression "subparagraph 11(1)(b)(iv)".

3. In section 14 of the Regulations, the expression "paragraph 20(c)" is replaced by the expression "paragraph 20(1)(c)".

4. The heading(see footnote 24) before section 35 and sections 35(see footnote 25) and 35.01(see footnote 26) of the Regulations are replaced by the following:

Excessive Relief of Duties and Taxes on Exported Goods

35. Where the subsidy in relation to any subsidized goods is contingent on their export and is in the form of an exemption from, or a remission, refund or drawback of, duties or taxes levied on the production, purchase, distribution, transportation, sale, export or import of the goods, the amount of subsidy shall be determined by deducting the amount of duties or taxes levied on or in respect of the exported goods, or the amount of duties or taxes that would have been levied on or in respect of the goods if they had not been exported, from the amount of the exemption, remission, refund or drawback that was granted in connection with the goods, and dividing the result by the quantity of goods, in relation to which the exemption, remission, refund or drawback was granted, that were exported during the period for which the duties or taxes were exempted, remitted, refunded or drawn back.

Excessive Relief of Duties and Taxes on Inputs

35.01 (1) Where the subsidy in relation to any subsidized goods is contingent on their export and is in the form of an exemption from, or a remission, refund or drawback of, duties or taxes levied on goods consumed in the production of the exported goods, the amount of subsidy shall be determined by deducting the amount of duties or taxes levied on or in respect of the consumed goods from the amount of the exemption, remission, refund or drawback that was granted in connection with the goods, and dividing the result by the quantity of goods, in relation to which the exemption, remission, refund or drawback was granted, that were exported during the period for which the duties or taxes were exempted, remitted, refunded or drawn back.

(2) For the purpose of subsection (1), the only goods considered to be consumed in the production of the exported goods are

(a) energy, fuel, oil and catalysts that are used or consumed in the production of the exported goods; and

(b) goods incorporated into the exported goods.

5. (1) Subsection 37.1(2) of the Regulations is amended by striking out the word "and" at the end of paragraph (g.1) and by adding the following after that paragraph:

(g.2) evidence of the imposition of anti-dumping or countervailing measures by the competent authorities of a country other than Canada in respect of goods of the same description or in respect of similar goods; and

(2) Subsection 37.1(3)(see footnote 27) of the Regulations is replaced by the following:

(3) For the purpose of determining whether the dumping or subsidizing of any goods has caused injury or retardation, or is threatening to cause injury, the following factors are prescribed:

(a) whether a causal relationship exists between the dumping or subsidizing of the goods and the injury, retardation or threat of injury, on the basis of the factors listed in subsections (1) and (2); and

(b) whether any factors other than the dumping or subsidizing of the goods have caused injury or retardation or are threatening to cause injury, on the basis of

6. The Regulations are amended by adding the following after section 37.1:

Expiry Review Factors

37.2 (1) In making a determination under paragraph 76.03(7)(a) of the Act, the Deputy Minister may consider

(a) whether there has been dumping of goods while a finding or order in respect of the goods is in effect and, if applicable,

(b) whether there has been subsidizing of goods while a finding or order in respect of the goods is in effect and, if applicable,

(c) the performance of the exporters, foreign producers, brokers and traders including, where applicable, in respect of production, capacity utilization, costs, sales volumes, prices, inventories, market share, exports and profits;

(d) the likely future performance of the exporters, foreign producers, brokers and traders on the basis of factors, where applicable, such as production, capacity utilization, sales volumes, prices, inventories, market share, exports and profits;

(e) the potential for the foreign producers to produce the goods in facilities that are currently used to produce other goods;

(f) evidence of the imposition of anti-dumping or countervailing measures by the competent authorities of a country other than Canada in respect of goods of the same description or in respect of similar goods;

(g) whether measures taken by authorities of a country other than Canada are likely to cause a diversion of dumped or subsidized goods into the Canadian market;

(h) any changes in market conditions domestically or internationally, including changes in the supply of and demand for the goods, in sources of imports into Canada, and in prices, market share and inventories; and

(i) any other factors that are relevant in the circumstances.

(2) In making a determination under subsection 76.03(10) of the Act, the Tribunal may consider

(a) the likely volume of the dumped or subsidized goods if the order or finding is allowed to expire, and, in particular, whether there is likely to be a significant increase in the volume of imports of the dumped or subsidized goods, either in absolute terms or relative to the production or consumption of like goods;

(b) the likely prices of the dumped or subsidized goods if the order or finding is allowed to expire and their effect on the prices of like goods, and, in particular, whether the dumping or subsidizing of goods is likely to significantly undercut the prices of like goods, depress those prices, or suppress them by preventing increases in those prices that would likely have otherwise occurred;

(c) the likely performance of the domestic industry, taking into account that industry's recent performance, including trends in production, capacity utilization, employment levels, prices, sales, inventories, market share, exports and profits;

(d) the likely performance of the foreign industry, taking into account that industry's recent performance, including trends in production, capacity utilization, employment levels, prices, sales, inventories, market share, exports and profits;

(e) the likely impact of the dumped or subsidized goods on domestic industry if the order or finding is allowed to expire, having regard to all relevant economic factors and indices, including any potential decline in output, sales, market share, profits, productivity, return on investments or utilization of production capacity, and any potential negative effects on cash flow, inventories, employment, wages, growth or the ability to raise capital;

(f) the potential for the foreign producers to produce the goods in facilities that are currently used to produce other goods;

(g) the potential negative effects of the dumped or subsidized imports on existing development and production efforts, including efforts to produce a derivative or more advanced version of like goods;

(h) evidence of the imposition of anti-dumping or countervailing measures by the competent authorities in a country other than Canada in respect of goods of the same description or in respect of similar goods;

(i) any changes in market conditions domestically or internationally, including changes in the supply of and demand for the goods, as well as any changes in trends and in sources of imports into Canada; and

(j) any other factors relevant in the circumstances.

7. Sections 38 to 40 (see footnote 28) of the Regulations are replaced by the following:

38. Subject to section 39, where the same goods, like goods or similar goods are

(a) subject to more than one properly documented complaint, the properly documented complaints may be joined by the Deputy Minister for the purpose of initiating a single investigation;

(b) subject to more than one preliminary inquiry, the preliminary inquiries may be joined by the Tribunal and carried out as one preliminary inquiry; or

(c) subject to more than one dumping investigation or subsidy investigation, or one or more dumping investigations and one or more subsidy investigations, the investigations may be joined by the Deputy Minister and carried out as one investigation.

39. Investigation may not be joined under paragraph 38(c) if a preliminary determination of dumping or subsidizing has been made in respect of the investigation.

40. (1) Where properly documented complaints are joined under paragraph 38(a), the Deputy Minister shall cause a notice of the joining to be given in writing to the complainants and the governments of the countries of export involved in the complaints.

(2) Where preliminary inquiries are joined under paragraph 38(b), the Tribunal shall cause a notice of the joining to be given in writing to the Deputy Minister and the importers, exporters, governments of the countries of export and complainants involved in the inquiries.

(3) Where investigations are joined under paragraph 38(c), the Deputy Minister shall cause a notice of the joining to be given in writing to the Secretary and the importers, exporters, governments of the countries of export and complainants involved in the investigations.

Public Interest Inquiry

40.1 (1) A request referred to in subsection 45(1) of the Act shall be made in writing to the Secretary within 45 days after the issuance of an order or finding by the Tribunal under section 43 of the Act.

(2) A request referred to in subsection 45(1) of the Act shall

(a) include the name, address for service, telephone number and, if any the facsimile number and electronic-mail address of the requester and of the requester's counsel, if any, and be signed by the requester or by the requester's counsel, if any;

(b) include a statement of the public interest affected by the imposition of an anti-dumping or countervailing duty indicating the degree to which it is affected;

(c) include sufficient information as to whether the imposition of an anti-dumping or countervailing duty would not or might not be in the public interest;

(d) address all relevant factors, including, where applicable,

(e) include any other information that is relevant in the circumstances.

(3) For the purposes of subsection 45(3) of the Act, the following factors are prescribed:

(a) whether goods of the same description are readily available from countries or exporters to which the order or finding does not apply;

(b) whether imposition of an anti-dumping or countervailing duty in the full amount

(c) whether non-imposition of an anti-dumping or countervailing duty or the non-imposition of such a duty in the full amount is likely to cause significant damage to domestic producers of inputs, including primary commodities, used in the domestic manufacture or production of like goods; and

(d) any other factors that are relevant in the circumstances.

(4) Where, in relation to an inquiry, a person referred to in subsection 45(6) of the Act wishes to make representations to the Tribunal on the question referred to in that subsection, the request to make representations shall be made in writing and shall be filed with the Secretary on or before the date specified in the Notice of Commencement of Inquiry as the date on or before which the request must be made.

(5) A request made by a person under subsection (4) shall outline the person's interest in the inquiry and shall give the name, address for service, telephone number, and facsimile number and electronic-mail address, if any, of the person and of the person's counsel, if any.

8. (1) The portion of section 43(see footnote 29) of the Regulations before paragraph (a) is replaced by the following:

43. The fees that are payable under section 83 of the Act for the copying of information, and the fees associated with the copying of information that is disclosed under subsection 84(3) of the Act, shall be as follows:

(2) Paragraphs 43(f)(see footnote 30) and (g)(see footnote 31) of the Regulations are replaced by the following:

(f) for magnetic tape-to-tape duplication, $25 per 731.5 mm reel;

(g) for personal computer magnetic diskette duplication, $2 per diskette (all sizes); and

(h) for compact disk duplication, $20 per disk.

9. The Regulations are amended by adding the following after section 57:

57.1 The period of time after which the Deputy Minister may refuse to consider representations referred to in subsection 49(5) of the Act begins on the day on which an undertaking is offered and ends nine days after that day.

10. The Regulations are amended by replacing the expression "subparagraph 20(c)(i)" with the expression "subparagraph 20(1)(c)(i)" in the following provisions:

(a) sections 7 and 8; and

(b) the portion of section 9 before paragraph (a).

11. The Regulations are amended by replacing the expression "paragraph 20(d)" with the expression "paragraph 20(1)(d)" in the following provisions:

(a) section 15;

(b) the portion of section 16 before paragraph (a); and

(c) section 19.

12. The Regulations are amended by replacing the expression "subsection 45(2)" with the expression "subsection 45(6)" in sthe following provisions:

(a) the portion of section 41 before paragraph (a); and

(b) paragraph 41(d).

13. The Regulations are amended by replacing the expression "Trade Administration Branch" with the expression "Customs and Trade Administration Branch" in the following provisions:

(a) section 47;

(b) section 51; and

(c) subsection 55(2).

COMING INTO FORCE

14. These Regulations come into force on the day on which they are registered.

[40-1-o]

Regulations Amending the Food and Drug Regulations (1114 — Fosetyl-aluminum)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Fosetyl-aluminum is registered under the Pest Control Products Act as a systemic fungicide with protective and curative action for use on apples. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of fosetyl-aluminum resulting from this use at 1 part per million (p.p.m.) in apples, and at 10 p.p.m. in imported avocados. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA) of Health Canada has recently approved an application to amend the registration of fosetyl-aluminum in order to allow its use as a systemic fungicide for the control of downy mildew on butterhead and head lettuce grown in greenhouse. This proposed regulatory amendment would establish MRLs for residues of fosetyl-aluminum resulting from this use in butterhead and head lettuce, and in the following imported commodities: celery, spinach, broccoli, cabbage, cauliflower, mustard greens, strawberries, cantaloupe, cucumbers, squash, tomatoes and dry onion bulbs, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that MRLs for fosetyl-aluminum, of 100 p.p.m. in celery, lettuce and spinach, 75 p.p.m. in strawberries, 60 p.p.m. in broccoli, cabbage, cauliflower and mustard greens, 15 p.p.m. in cantaloupe, cucumbers and squash, 3 p.p.m. in tomatoes and 0.5 p.p.m. in dry onion bulbs would not pose an unacceptable health risk to the public.

Alternatives

Under the Food and Drugs Act, it is prohibited to sell food containing residues of pest control products at a level greater than 0.1 p.p.m. unless a higher MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of fosetyl-aluminum, establishment of MRLs for these foods is necessary to support the use of a pest control product which has been shown to be both safe and effective, while at the same time preventing the sale of food with unacceptable residues.

Benefits and Costs

This proposed regulatory amendment will provide joint benefits to consumers, the agricultural industry and importers of agricultural products as a result of improved management of pests and will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/ regulatory agencies.

As a means to improve responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) was issued on April 3, 1998, to permit the immediate use of fosetyl-aluminum as a fungicide to control downy mildew on butterhead and head lettuce (greenhouse) with an MRL of 1 p.p.m. while the regulatory process to formally amend the Regulations is undertaken.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRLs for fosetyl-aluminum are adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc. ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1114 — Fosetyl-aluminum).

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1114 — FOSETYL-ALUMINUM)

AMENDMENT

1. The portion of item F.5 of Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 32) in columns III(see footnote 33) and IV(see footnote 34) is replaced by the following:

Item No.	III	IV
	Maximum Residue Limit p.p.m.	Foods
F.5	100	Celery, lettuce, spinach
	75	Strawberries
	60	Broccoli, cabbage, cauliflower, mustard greens
	15	Cantaloupes, cucumbers, squash
	10	Avocados
	3	Tomatoes
	1	Apples
	0.5	Dry bulb onions

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[40-1-o]

Regulations Amending the Food and Drug Regulations (1115 — Quizalofop-ethyl)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Quizalofop-ethyl is registered under the Pest Control Products Act as a herbicide for the control of weeds in various field crops as a post-emergent treatment. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of quizalofop-ethyl, and its metabolites, resulting from this use at 0.05 parts per million (p.p.m.) in soybeans. MRLs have also been established at 0.05 p.p.m. in fat and meat by-products of cattle, goats, hogs, horses, poultry and sheep, and milk fat; at 0.02 p.p.m. in meat of cattle, goats, hogs, horses, poultry and sheep, and eggs; and at 0.01 p.p.m. in milk, to cover residues in food derived from animals fed with crops treated with quizalofop-ethyl. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA), of Health Canada, has recently approved an application to amend the registration of quizalofop-ethyl in order to allow its use for the control of weeds in flax, lentil, pea, rapeseed (canola) and sugar beet crops as a post-emergent treatment. This proposed regulatory amendment would establish MRLs for residues of quizalofop-ethyl and its metabolites resulting from this use in flax, lentils, peas, rapeseed (canola) and sugar beets, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that MRLs for quizalofop-ethyl, including metabolites, of 0.2 p.p.m. in sugar beets and 0.05 p.p.m. in flax, lentils, peas and rapeseed (canola) would not pose an unacceptable health risk to the public.

This proposed amendment to the Regulations also includes a change to the chemical name of the pest control product quizalofop-ethyl in accordance with the standards of the International Union of Pure and Applied Chemistry (IUPAC).

Alternatives

Under the Food and Drugs Act, it is prohibited to sell food containing residues of pest control products at a level greater than 0.1 p.p.m. unless a higher MRL has been established in Table II, Division 15, of the Food and Drug Regulations. Also under the Food and Drugs Act, the sale of food containing residues of pest control products at a level less than or equal to 0.1 p.p.m. is permitted unless a lower MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of quizalofop-ethyl, establishment of MRLs for sugar beets, flax, lentils, peas and rapeseed (canola) is necessary to support the use of a pest control product which has been shown to be both safe and effective, while at the same time preventing the sale of food with unacceptable residues.

Benefits and Costs

The use of quizalofop-ethyl on the crops listed above will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this proposed regulatory amendment will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/ regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/ or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRLs for quizalofop-ethyl are adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1115 — Quizalofop-ethyl).

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_ graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1115 — QUIZALOFOP-ETHYL)

AMENDMENT

1. The portion of item Q.1 of Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 35) in columns II(see footnote 36) to IV(see footnote 37) is replaced by the following:

Item No.	II	III	IV
	Chemical Name of Substance	Maximum Residue Limit p.p.m.	Foods
Q.1	ethyl (R/S) 2-[4-(6-chloro-quinoxalin-2-yloxy) phenoxy]propionate including the acid metabolites of (R/S)2- [4-(6-chloroquinoxalin-2-yloxy)phenoxy] propanoic acid all expressed as quizalofop-ethyl	0.2	Sugar beets
		0.05	Fat and meat by-products of cattle, goats, hogs, horses, poultry and sheep, flax, lentils, milk fat, peas, rapeseed (canola) and soybeans
		0.02	Eggs, meat of cattle, goats, hogs, horses, poultry and sheep
		0.01	Milk

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[40-1-o]

Regulations Amending the Food and Drug Regulations (1133 — Fluazifop-butyl)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Fluazifop-butyl is registered under the Pest Control Products Act as a herbicide for the control of a wide range of annual and perennial grasses on various field crops, legume forages, vegetables, fruit and ornamentals as a post-emergent treatment. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of fluazifop-butyl resulting from this use at 1 part per million (p.p.m.) in soybeans and strawberries, 0.3 p.p.m. in mustard and 0.2 p.p.m. in flax and solin. An MRL has also been established at 0.01 p.p.m. in milk to cover residues in food derived from animals fed with crops treated with fluazifop-butyl. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

This proposed regulatory amendment would establish an MRL for residues of fluazifop-butyl in eggs, fat, meat and meat by-products of cattle, goats, hogs, horses, poultry and sheep to cover residues in food derived from animals fed with crops treated with fluazifop-butyl.

In order to determine whether proposed MRLs are safe, the Pest Management Regulatory Agency (PMRA) of Health Canada conducts a dietary risk assessment. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that an MRL for fluazifop-butyl of 0.05 p.p.m. in eggs, fat, meat and meat by-products of cattle, goats, hogs, horses, poultry and sheep would not pose an unacceptable health risk to the public. These new MRLs harmonize with those established by the United States Environmental Protection Agency.

Alternatives

Under the Food and Drugs Act, the sale of food containing residues of pest control products at a level less than or equal to 0.1 p.p.m. is permitted unless a lower MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of fluazifop-butyl, establishment of an MRL for eggs, fat, meat and meat by-products of cattle, goats, hogs, horses, poultry and sheep is necessary to support the use of a pest control product which has been shown to be both safe and effective, while at the same time preventing the sale of food with unacceptable residues.

Benefits and Costs

The above-listed uses of fluazifop-butyl provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this proposed regulatory amendment will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/ regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/ or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRL for fluazifop-butyl is adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1133 — Fluazifop-butyl).

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_ graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1133 — FLUAZIFOP-BUTYL)

AMENDMENT

1. The portion of item F.1.1.1 of Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 38) in columns III(see footnote 39) and IV(see footnote 40) is replaced by the following:

Item No.	III	IV
	Maximum Residue Limit p.p.m.	Foods
F.1.1.1	1 (calculated as acid)	Soybeans, strawberries
	0.3 (calculated as acid)	Mustard
	0.2 (calculated as acid)	Flax, solin
	0.05 (calculated as acid)	Eggs; meat, meat by-products and fat of cattle, goats, hogs, horses, poultry and sheep
	0.01 (calculated as acid)	Milk

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[40-1-o]

Regulations Amending the Food and Drug Regulations (1140 — Nicosulfuron)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Under authority of the Pest Control Products Act, the Pest Management Regulatory Agency (PMRA) of Health Canada has approved an application for the registration of the pest control product (pesticide) nicosulfuron as a selective herbicide for the control of annual and perennial weeds including Sorghum halepense and Agropyron repens in corn as a post-emergent treatment. This proposed regulatory amendment would establish a Maximum Residue Limit (MRL) under the Food and Drugs Act for residues of nicosulfuron resulting from this use in corn, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. Pest control products will be registered if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that an MRL for nicosulfuron of 0.1 parts per million (p.p.m.) in corn would not pose an unacceptable health risk to the public.

Alternatives

Even though the sale of food containing residues of pest control products at a level greater than 0.1 p.p.m. would already be prohibited by virtue of subsection B.15.002(1) of the Food and Drug Regulations, the establishment of an MRL of 0.1 p.p.m. in Table II, Division 15, of the Regulations for residues of nicosulfuron on corn would provide more clarity regarding the applicable MRL and would clearly indicate that the appropriate risk assessment has been completed. This is in keeping with current trends towards increased openness and transparency of regulatory processes and is consistent with current practices of most pesticide regulatory agencies throughout the world.

Benefits and Costs

The use of nicosulfuron on corn will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this proposed regulatory amendment will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/ or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRL for nicosulfuron is adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1140 — Nicosulfuron).

Interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, September 29, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1140 — NICOSULFURON)

AMENDMENT

1. Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 41) is amended by adding the following after item N.1:

Item No.	I	II	III	IV
	Common or (Trade Name)	Chemical Name of Substance	Maximum Residue Limit p.p.m.	Foods
N.1.1	nicosulfuron	2-(4,6-dimethoxypyrimidin-2-ylcarbamoylsulfamoyl)-N,N- dimethylnicotinamide; 1-(4,6-dimethoxypyrimidin-2-yl)- 3-(3-dimethylcarbamoyl-2- pyridylsulfonyl) urea	0.1	Corn

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[40-1-o]

Footnote a

S.C., 1997, c. 14, s. 31

Footnote b

R.S., 1985, c. 47 (4th Supp.)

Footnote 1

SOR/91-499

Footnote 2

SOR/93-601

Footnote 3

SOR/93-601

Footnote 4

SOR/93-601

Footnote 5

SOR/97-325

Footnote 6

SOR/97-325

Footnote 7

SOR/98-39

Footnote 8

SOR/93-601

Footnote 9

SOR/93-601

Footnote 10

SOR/93-601

Footnote 11

SOR/93-601

Footnote 12

SOR/93-601

Footnote 13

SOR/93-601

Footnote 14

SOR/93-601

Footnote 15

SOR/93-601

Footnote 16

SOR/93-601

Footnote 17

SOR/93-601

Footnote 18

SOR/93-601

Footnote 19

SOR/93-601

Footnote 20

SOR/93-601

Footnote 21

SOR/93-601

Footnote c

S.C., 1998, c. 19, s. 222

Footnote d

R.S., 1985, c. 1 (5th Supp.)

Footnote 22

C.R.C., c. 945

Footnote e

S.C., 1999, c. 21, s. 51

Footnote 23

SOR/84-927

Footnote 24

SOR/96-255

Footnote 25

SOR/96-255

Footnote 26

SOR/96-255

Footnote 27

SOR/95-26

Footnote 28

SOR/96-255

Footnote 29

SOR/89-578

Footnote 30

SOR/89-578

Footnote 31

SOR/89-578

Footnote 32

C.R.C., c. 870

Footnote 33

SOR/97-522

Footnote 34

SOR/97-522

Footnote 35

C.R.C., c. 870

Footnote 36

SOR/93-26

Footnote 37

SOR/93-26

Footnote 38

C.R.C., c. 870

Footnote 39

SOR/97-411

Footnote 40

SOR/97-411

Footnote 41

C.R.C., c. 870

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