moved:
Motion No. 7
That Bill C-35 be amended by adding after line 42 on page 36 the following new clause:
“51.1 The Act is amended by adding the following after section 97:
- (1) Within three months after the coming into force of this section, the Governor in Council shall make regulations amending the sections of this Act so that, in addition to the prospective method for the imposition of duty, a retroactive method is used for this purpose, but the retroactive method shall not be used for the imposition of duty except where a ) the price or cost of the goods is likely to fluctuate substantially; and b ) the regulations so permit.
(2) Subject to subsection (2), a regulation made under subsection (1) shall come into force six months after the coming into force of this section.
(3) The coming into force of any regulations repealing a regulation made by the Governor in Council under subsection (1) is subject to the approval of the House of Commons by resolution, and where such approval is given, the regulations shall come into force on the day following the day on which the approval is given.”
Mr. Speaker, another of the Bloc Quebecois' suggestions that was ignored in the bill concerns the prospective or retroactive method for the imposition of duty.
We hope that Revenue Canada will continue to use the prospective method. However, where the price or the cost of the goods is likely to fluctuate substantially, we would like Revenue Canada to be authorized to use the retroactive method.
This method would be used in exceptional cases and only when Revenue Canada deemed it necessary. Accordingly, we are moving Motion No. 7 in the House today. It reads as follows:
That Bill C-35 be amended by adding after line 42 on page 36 the following new clause:
“51.1 The Act is amended by adding the following after section 97:
- (1) Within three months after the coming into force of this section, the Governor in Council shall make regulations amending the sections of this Act so that, in addition to the prospective method for the imposition of duty, a retroactive method is used for this purpose, but the retroactive method shall not be used for the imposition of duty except where
(a) the price or cost of the goods is likely to fluctuate substantially; and
(b) the regulations so permit.
(2) Subject to subsection (2), a regulation made under subsection (1) shall come into force six months after the coming into force of this section.
(3) The coming into force of any regulations repealing a regulation made by the Governor in Council under subsection (1) is subject to the approval of the House of Commons by resolution, and where such approval is given, the regulations shall come into force on the day following the day on which the approval is given.”
This may sound a bit technical. This bill is very important, however, as it governs the imposition of antidumping and countervailing duties on dumped or subsidized goods where this dumping or subsidizing has or may have an injurious effect on producers in Quebec and Canada, while at the same time making changes to the CITT, the Canadian International Trade Tribunal.
We agree with the intent of this bill, which marks the government's first effort to clarify things. Quebeckers and Canadians, through the Bloc Quebecois, have long been calling for less bureaucracy and more efficiency.
The government must give producers in Quebec and Canada the tools they need to compete in the global economy. Dumping and subsidies are tools criticized but often used by industrialized countries.
This legislation and the Canadian International Trade Tribunal Act are necessary, in fact essential tools to counter dumping and subsidies.
It is important that these laws be designed in such a way as to appropriately meet the needs they were intended to address. This review has identified a number of changes that need to be made, but more needs to be done, including the changes put forward by the Bloc Quebecois today.
We agree that rapid developments in international trade emphasize the need to review these laws on a regular basis in the future.