Highlights from 2022-23
COVID-19 and the Tribunal
When the COVID-19 pandemic was declared in March 2020, Tribunal members and Secretariat staff adapted very quickly to an unprecedented situation and successfully pivoted the working model to remote operations. In 2022-23, members and Secretariat staff continued their work largely remotely. Under the guidance of the Tribunal, Secretariat staff continued to work with other units of the Administrative Tribunals Support Service of Canada (ATSSC) and the Tribunal to further develop and adopt new technologies to ensure seamless operations while providing Canadians with access to justice.
Toward March 2023, public health restrictions started to ease across Canada, allowing the Tribunal to assess the reintroduction of in-person hearings. Moving into the new fiscal year, the Tribunal and its secretariat will ensure that access to justice improvements, such as virtual and hybrid hearings, continue to be an option for parties to consider, along with in-person proceedings. The innovations seized during the pandemic—such as the E-registry Service and virtual proceedings—will serve the Tribunal and parties well. The Tribunal, supported by Secretariat staff, continues to assess the opportunities and challenges faced in delivering justice during the pandemic, and will continue to reflect on the lessons learned. Facilitating access to justice remains one of the Tribunal’s prime priorities.
Electronic filing and communications
The Tribunal’s E-registry Service continued to be heavily used this year for anti-dumping injury investigations. It was also used in procurement investigations and in customs and excise appeals when protected information had to be served.
To provide better service to the to the parties that appear before the Tribunal, the Tribunal and Secretariat staff will work to expand the use of the E-registry Service to all mandates.
New website
The Tribunal launched its new, fully accessible website in August 2022. The primary objective was to create an intuitive, user-friendly site where users can find accurate information quickly. The new website features include:
- a completely new design featuring larger text and clear blocking, which makes viewing the information on the site faster and easier;
- more prominent links to our decisions to facilitate access from the home page or the menu;
- a new menu structure allowing users to find relevant content quicker;
- plain language content pages for easier reading and understanding; and
- a mobile device friendly interface.
Amendments to the Special Import Measures Act and the Canadian International Trade Tribunal Act
Amendments to the Special Import Measures Act (SIMA) and the Canadian International Trade Tribunal Act (CITT Act) came into force on June 23, 2022.
With respect to the Tribunal’s mandate under SIMA, it was amended to:
- provide that assessments of injury take into account impacts on workers employed in the domestic industry and that assessments of retardation take into account impacts on jobs;
- require the Tribunal, during a final injury inquiry, to examine whether injury has been caused by massive importations;
- modify the criteria for imposing retroactive duties in cases of massive importations; and
- require the Tribunal to always initiate expiry reviews of orders and findings.
The CITT Act was amended to provide that trade unions may, with the support of domestic producers, file global safeguard complaints and requests for orders extending safeguard measures.
Outreach
The Tribunal’s Advisory Committee is composed of legal counsel and representatives, business association representatives, union representatives and government officials who engage with the Tribunal through its various mandates. The Advisory Committee assists the Chairperson, Vice chairperson and members in maintaining and enhancing the Tribunal’s global reputation of excellence by working together to present recommendations to the Tribunal related to procedural efficacy, policy considerations, accessibility, transparency and fairness. It is co-chaired by the Chairperson of the Tribunal and a member of the Advisory Committee. The membership of the Tribunal met with the Advisory Committee twice during the fiscal year. Meetings were held in May and October and focused on Tribunal operations, legislative changes related to expiry reviews and massive imports, the new Tribunal website and issues linked to confidentiality.
This year, there was a strong focus on how to strengthen the confidentiality obligations of counsel and parties while establishing best practices for the community of practice. The Tribunal sought feedback from the Advisory Committee in respect of an initiative designed to prevent inadvertent disclosure of information. The pilot project, which introduced a 24-hour review period prior to filing submissions in select proceedings, was successful and the Tribunal adopted this new practice for all trade remedy investigations toward the end of the fiscal year.
The Tribunal aims to be an active participant in the global trade remedies community. To this end, the Chairperson presented at the 2022 International Forum on Trade Remedies in Seoul and engaged with several of his international counterparts. He also made a presentation on the work of the Tribunal to the 2022 CPA Canada Commodity Tax Symposium. In support of the Tribunal's objectives, Secretariat staff participated as members of the Canadian delegation to the World Trade Organization Rules Week in October 2022.