Canada: Hidden Changes To Antidumping/Countervailing Duty Laws: Canada Tables Omnibus Budget Bill That Includes Changes To The Special Import Measures Act

Last Updated: May 4 2016
Article by Cyndee Todgham Cherniak

On April 20, 2016, the Government of Canada (the Department of Finance) tabled Bill C-15 "Budget Implementation Act 2016 No. 1", which is an omnibus bill that implements some tax and other measures outlined in the 2016 Federal Budget. Since Bill C-15 is tabled by a majority government, the omnibus bill will surely be passed. Bill C-15 should be of interest to importers, exporters and foreign producers (and trade lawyers) because Division 10 of Bill C-15 contains proposed changes to Canada's trade remedies laws that are hidden at the end and could be overlooked. Articles 192 – 200 of Bill C-15 are the proposed changes to the Special Import Measures Act (also known as "SIMA"). However, most of the changes relate to (1) situations where the margins of dumping and amounts of subsidy are determined to be insignificant and (2) limitation periods for Canada Border Services Agency ("CBSA") and Canadian International Trade Tribunal ("CITT") decisions in an expiry review.

Bill C-15 amends the SIMA to provide that a finding by the President of the CBSA of an insignificant margin of dumping or an insignificant amount of subsidy in respect of goods imported into Canada will no longer result in the termination of a trade remedy investigation prior to the President's preliminary determination. I do not recall this happening in recent years, but it may be that the CBSA did not initiate against certain countries where the CBSA determined the volumes of imports from particular countries were insignificant.

The changes relating to time periods for expiry reviews are not particularly problematic. Even though the CITT's notice of the rescission of an order or finding has been reduced from 10 months to 2 months, parties will know that the rescission is coming because a full expiry review will not be conducted in cases where a the CITT determines that an expiry review is not warranted.

The "proposed" changes to SIMA are:

  • Section 192 of Bill C-15 changes the definition of "negligible" in subsection 2(1) of SIMA. The definition of "negligible" is clarified. The negligible threshold is applied in respect of "goods that are released into Canada from all countries and that are of the same description".
  • Section 193 of Bill C-15 creates a new provision (section 7.2 of SIMA) that permits the refund of antidumping and/or countervailing duties to an importer if duties are collected after the rescission of an antidumping/countervailing duty order of the CITT. This is a good addition for importers who are assessed duties by the CBSA after the CITT rescinds and order.
  • Subsections 194(1)-(3) of Bill C-15 amend the preamble to section 8.1 of SIMA by making a minor amendment and by referencing an exception created in new subsection 8.1(1.3) of SIMA.
  • Subsection 194(4) if Bill C-15 contains a new provision (subsection 8.1(1.3) of SIMA) relates to the non-collection of preliminary duties where the President of the CBSA determines that the margins of dumping and/or subsidy amounts are insignificant. This seems to be one of the significant amendments.
  • Section 195 of Bill C-15 amends section 30.1 of SIMA to address the revisions in section 194 of Bill C-15.
  • Section 196 of Bill C-15 replaces paragraph 35(1)(a) of SIMA to clarify the rules relating to the termination of preliminary determinations where "the President [of the CBSA] is satisfied tn respect of some or all of those goods that the actual or potential volume of goods is negligible."
  • Subsection 197(1) of Bill C-15 amends subparagraph 38(1)(a)(i) to refer to the President of the CBSA.
  • Section 197(2) of Bill C-15 adds subsection 38(1.1) of SIMA, which gives the President discretion to use the information available during the preliminary dumping investigation/preliminary subsidy investigation and determine that the margin or dumping or amount of subsidy is insignificant.
  • Section 197(3) of Bill C-15 adds subsection 38(1.2) of SIMA, which contains a deeming provision. "...If the President [of the CBSA] determines that the margin of dumping or the amount of subsidy is equivalent to 0% of the export price of the goods, then the margin or amount of subsidy is considered to be insignificant and the investigation in respect of those goods continues."
  • Section 198 of Bill C-15 amends paragraph 49(2)(b) of SIMA to account for the new rules relating to insignificant margins of dumping and/or amounts of subsidy.
  • Subsection 199(1) of Bill C-15 amends subsection 76.03(2) of SIMA to change the time period for the CITT's notice where in the order or findings is deemed to be rescinded. Currently, the CITT must publish the notice 10 months before the expiry of the order or finding. This will be changed to 2 months before the expiry of the order or finding.
  • Subsection 199(2) of Bill C-15 amends paragraph 76.03(7)(a) of SIMA to amend the time period for the CBSA's expiry review investigation. The CBSA currently has 120 days to conduct an expiry review (after receipt of the CITT's LE decision that an expiry review is warranted). The CBSA will have 150 days to conduct an expiry review after receipt of the CITT's LE decision.
  • Subsection 199(3) of Bill C-15 amends paragraph 76.03(10) of SIMA to amend a time period for the CITT's expiry review decision. Currently, there is no time period in the SIMA for the CITT's decision (other than the 5 year anniversary date of the original Order). The CITT will have 160 days to make its expiry review decision (after the day on which the CBSA's expiry review determination is received).
  • Section 200 of Bill C-15 indicate that the changes also apply to goods from a NAFTA country.

The changes relating to the negligibility issue apply in limited situations – where a country's exports are less than 3 percent of the total volume of goods that are released into Canada from all countries and that are of the same description. However, goods are not considered to be negligible if if they amount to less than 3% if the case is against three or more countries meet the less than 3% threshold and are above 7% when added together.

More analysis of these amendments will follow is subsequent postings.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions