Chairperson message
June 30, 2022
In accordance with section 41 of the Canadian International Trade Tribunal Act, I am pleased to present the Tribunal’s annual report for the period of April 1, 2021, to March 31, 2022. This report summarizes the activities, highlights and successes of the Tribunal over the past year.
It has been a busy year for the Canadian International Trade Tribunal. The Tribunal, effectively supported by all Secretariat staff, continued to operate mainly by telework due to COVID-19 workplace access restrictions in effect throughout the year. Building on the lessons learned during the early stages of the pandemic, the Tribunal was able to operate at maximum efficiency this year.
The Tribunal’s decisions have a major impact on every sector of the Canadian economy. As an independent, quasi-judicial body with jurisdiction to inquire into whether the dumping or subsidizing of imported goods has caused injury, to hear appeals in customs and excise matters and to inquire into government procurement complaints, the Tribunal contributes to Canada’s compliance with its obligations under trade agreements and to ensuring that businesses and Canadians have ready access to an impartial recourse mechanism to resolve important disputes they may have with contracting government institutions or the Canada Border Services Agency. Every day, my colleagues and I strive to carry out this mission in the most efficient and fair manner for interested parties, in keeping with the principles of natural justice and procedural fairness.
The trade remedies mandate continues to be the cornerstone of the Tribunal’s activities. With the prospect of economic recovery still uncertain both domestically and globally, Canadian industries are very concerned about the impact that dumping and subsidization practices may have on their operations. This explains the unprecedented number of injury inquiries covering new products conducted over the past year. In fact, the Tribunal conducted four preliminary and nine final inquiries covering a wide range of goods such as steel products, consumer goods (such as upholstered seating), agricultural products or transportation equipment (such as container chassis) and industrial equipment (such as small power transformers).
The upward trend in the number of procurement complaints filed with the Tribunal continues. While the number of new cases filed in 2021–22 is lower than the previous year’s record high, the number of decisions rendered by the Tribunal under this mandate reached an all-time high, approaching 100 decisions with reasons. In addition, 41% of the complaints submitted to the Tribunal were accepted for inquiry, a proportion similar to that observed last year. Particularly with respect to procurement reviews, the Tribunal is intended to be a recourse of easy access for complainants, especially small and medium-sized enterprises. It is a telling fact that, once again this year, nearly three out of four complainants were unrepresented.
The Tribunal’s performance on tariff classification appeals continues to be largely constrained by the very tight legislative deadlines that the Tribunal must meet in trade remedy and procurement cases, and the associated workload for the members and staff of the Secretariat. This resulted in too many decisions having been issued past the 120-day post-hearing service standard. The Tribunal is working to mitigate these negative impacts on parties.
The Tribunal continues to benefit greatly from the advice of the CITT’s Advisory Committee, which consists of representatives of the parties who regularly appear before the Tribunal and of associations representing industry. In the fall of 2021, the Tribunal saw new members join the Advisory Committee and the appointment of Mr. Paul Conlin as the new Chair of the Committee, succeeding Mr. Lawrence Herman, who skilfully led the Committee for five years. I would like to express our deepest gratitude to Mr. Herman for the excellent advice he provided to the Tribunal during his tenure.
On behalf of the Tribunal, I would also like to acknowledge the outstanding contributions of three senior staff members who have served the CITT Secretariat with professionalism and diligence over the past few years and whose acting assignments ended during the fiscal year: Mr. Greg Gallo (Acting Executive Director since April 2019), Mr. Michel Parent (Acting Director of Investigation and Innovation Services since April 2019) and Mr. Eric Wildhaber (Acting General Counsel since August 2020). We were also pleased to welcome Ms. Lune Arpin as General Counsel of the Tribunal last fall and Ms. Gillian Burnett as Executive Director this spring.
The members of the Tribunal are entering fiscal year 2022–23 with determination. As the Tribunal gradually transitions to a new normal, it continues to reflect on the future of its operations. Several measures that the Tribunal adopted during this exceptional period, including virtual hearings and a “paperless” environment, are here to stay. Access to justice, particularly for small and medium sized enterprises, and the transparency of our decisions, will remain key priorities. In addition, the cyclical nature of trade remedy reviews means that we already know that the year ahead will be a busy one. Finally, the legislative amendments proposed in Bill C-19, currently before Parliament, will, if passed, expand the criteria for inquiries and the opportunities for unions to bring dumping and subsidizing complaints. The Tribunal is ready to face these new challenges.
Frédéric Seppey
Chairperson
Canadian International Trade Tribunal