Judicial reviews
Judicial or panel reviews of Tribunal decisions
Any person affected by a Tribunal finding or order under the Special Import Measures Act (SIMA), and any person affected by Tribunal procurement findings and recommendation, can apply for judicial review by the Federal Court of Appeal (FCA) on grounds of, for instance, denial of natural justice or error of law. Tribunal orders and decisions made under the Customs Act can be appealed to the FCA or, under the Excise Tax Act, to the Federal Court.
Judicial reviews of SIMA cases
During the fiscal year, applications for judicial review were brought forth in relation to Tribunal decisions in three SIMA proceedings: Decorative and Other Non-structural Plywood (NQ-2020-002), Concrete Reinforcing Bar (NQ-2020-004) and Certain Container Chassis (PI-2021-002).
The judicial review relating to Concrete Reinforcing Bar was discontinued by the applicant during the fiscal year, and the judicial review relating to Certain Container Chassis was dismissed on consent between the parties. The judicial review of Decorative and Other Non-Structural Plywood remained pending at the end of the fiscal year.
| PR-2020-068 | PR-2021-006 | PR-2021-007 | PR-2021-040 | PR-2021-046 | |
|---|---|---|---|---|---|
| Complainant | Heiltsuk Horizon Maritime Services Ltd./Horizon Maritime Services Ltd. | Wärtsilä Canada Incorporated | Wärtsilä Canada Incorporated | Cadex Inc. | Pacific Northwest Raptors Ltd. |
| Date of Tribunal’s decision | May 3, 2021 | August 3, 2021 | August 3, 2021 | January 7, 2022 | February 21, 2022 |
| FCA Court Status | Pending | Pending | Pending | Discontinued | Discontinued |
| AP-2018-048 | AP-2020-020 | AP-2019-047 | |
|---|---|---|---|
| Appellant | Michael Kors (Canada) Holdings Ltd. | Canadian Tire Corporation Limited | Pier 1 Imports (U.S.), Inc. |
| Date of Tribunal’s decision | May 3, 2021 | August 3, 2021 | September 2, 2021 |
| FCA Court Status | Pending | Pending | Pending |
Review by Canada-United States-Mexico Agreement Binational Panel
Tribunal findings or orders involving goods from the United States and Mexico may be reviewed by a binational panel established under the Canada-United States-Mexico Agreement. A binational panel review is triggered on application from an interested party and replaces judicial review before the FCA. A binational panel may uphold the Tribunal decision under review or remand it back to the Tribunal for a determination.
During the last fiscal year, no new requests were made for review by a binational panel. One binational panel review of a Tribunal decision, initiated in a prior fiscal year and relating to gypsum board from the United States, remained pending at the end of this fiscal year. The binational panel held a hearing on the matter on March 24, 2022, and is expected to render its decision within 90 days of that date.
World Trade Organization dispute resolution
Governments that are members of the World Trade Organization (WTO) may challenge the Tribunal’s injury findings or orders in dumping and countervailing duty cases before the WTO Dispute Settlement Body (DSB). This is initiated by intergovernmental consultations under the WTO Dispute Settlement Understanding.
During the last fiscal year, no Tribunal matters were before the DSB.