Mandate

The Tribunal is the main quasi-judicial institution in Canada's trade remedies system and has authority to:

  • inquire into whether dumped or subsidized imports have caused, or are threatening to cause, injury to a domestic industry;

  • inquire into complaints by potential suppliers concerning procurement by the federal government that is covered by the North American Free Trade Agreement (NAFTA), the Agreement on Internal Trade (AIT), the World Trade Organization (WTO) Agreement on Government Procurement (AGP) and the Canada-Chile Free Trade Agreement (CCFTA), or any other applicable trade agreement;

  • hear appeals of decisions of the Canada Border Services Agency (CBSA) made under the Customs Act and the Special Import Measures Act (SIMA) and of the Minister of National Revenue (the Minister) under the Excise Tax Act;

  • inquire into and provide advice on such economic, trade and tariff issues as are referred to the Tribunal by the Governor in Council or the Minister of Finance;

  • investigate requests from Canadian producers for tariff relief on imported textile inputs that they use in their production operations and to make recommendations to the Minister of Finance on the requests; and

  • inquire into complaints by domestic producers that increased imports are causing, or threatening to cause, injury to domestic producers and, as directed, make recommendations to the Government on an appropriate remedy.

Appeals

The Tribunal hears appeals from decisions of the President of the CBSA under the Customs Act and SIMA and of the Minister under the Excise Tax Act. The Tribunal hears appeals relating to the tariff classification and value for duty of goods imported into Canada and relating to the origin of goods imported from the United States, Mexico and Chile under the Customs Act. The Tribunal also hears and decides appeals concerning the application, to imported goods, of a Tribunal finding or order concerning dumping or subsidizing and the normal value or exported price or subsidy of imported goods under SIMA. Under the Excise Tax Act, a person may appeal to the Tribunal the decision of the Minister about an assessment or determination of federal sales tax or excise tax.

Dumping and Subsidizing

The determination of dumping and subsidizing is the responsibility of the CBSA. The Tribunal determines whether such dumping or subsidizing has caused material injury or retardation or is threatening to cause material injury to a domestic industry. Under this jurisdiction, the Tribunal is responsible for the following activities: preliminary injury inquiries, final injury inquiries, interim and expiry reviews, and public interest inquiries.

Procurement

Suppliers may challenge federal government procurement decisions that they believe have not been made in accordance with the requirements of the following: NAFTA, the AIT, the WTO AGP and the CCFTA, or any other applicable trade agreement. Any potential suppliers who believe that they may have been unfairly treated during the solicitation or evaluation of bids, or in the awarding of contracts on a designated procurement, may lodge a formal complaint with the Tribunal.

References

The Canadian International Trade Tribunal Act contains broad provisions under which the Government or the Minister of Finance may ask the Tribunal to conduct an inquiry on any economic, trade, tariff or commercial matter. In an inquiry, the Tribunal acts in an advisory capacity, with powers to conduct research, receive submissions and representations, find facts, hold public hearings and report, with recommendations as required, to the Government or the Minister of Finance.

Safeguards

One of the responsibilities of the Tribunal is to conduct inquiries to determine if Canadian producers are being seriously injured by increased imports of goods into Canada. The Tribunal may initiate import safeguard inquiries following a complaint by domestic producers. The Government may also direct the Tribunal to conduct import safeguard inquiries. Pursuant to an inquiry where the Tribunal determines that increased imports of the goods have caused, or are threatening to cause, serious injury to Canadian producers of like or directly competitive goods, the Government may apply import safeguard measures to assist those domestic producers.

Textiles

Pursuant to a reference from the Minister of Finance, the Tribunal was directed to investigate requests from domestic producers for tariff relief on imported textile inputs for use in their manufacturing operations and to make recommendations in respect of those requests to the Minister of Finance.