A message from the Chairperson and Vice-chairperson
June 30, 2023
In accordance with section 41 of the Canadian International Trade Tribunal Act, we are pleased to present the Canadian International Trade Tribunal’s annual report for the period of April 1, 2022, to March 31, 2023. This report summarizes the activities, highlights and successes of the Tribunal over the past year.
It has been another busy year for the Tribunal. The Tribunal continued to operate effectively in fulfilling its core mandates with respect to dumping and subsidizing inquiries and reviews, procurement reviews, and customs and excise appeals. As COVID-19 restrictions eased over the course of the year, we shifted progressively toward a hybrid working model. For example, starting in November 2022, the Tribunal resumed in-person hearings after more than two and a half years of holding hearings exclusively by videoconference. The Tribunal’s intention going forward is to continue to offer virtual hearing options, as well as to adopt a new hybrid hearing model which will ensure maximum flexibility for the parties involved while strengthening access to justice.
The pandemic provided a unique opportunity for the Tribunal to successfully implement new ways of working. Over the past year, we have continued to work with the Secretariat to improve our internal efficiencies, including communications and case management procedures. We have been able to identify key areas for growth and evolution and have implemented new systems that have positively impacted our timelines and ability to execute our mandates in the most effective way possible. We have also strengthened relationships with other tribunals in Canada, learning from their best practices but also from what they would deem to be their successes and pitfalls. This has provided us with ample case studies to support the development and improvement of our own best practices and internal procedures. Efficiency has continued to be a major strength of the Tribunal as we continue to integrate and develop upon new and improved ways of working.
Companies in every sector of the Canadian economy rely on the Tribunal to perform its core mandates of inquiring into whether the dumping or subsidizing of imported goods has caused injury, hearing appeals in customs and excise matters and inquiring into government procurement complaints. In that regard and as an independent, quasi-judicial body, the Tribunal ensures that businesses and Canadians have facilitated access to an impartial recourse mechanism. This contributes squarely to Canada’s compliance with its obligations under trade agreements. Every day, the Tribunal, its members, and the Secretariat’s employees strive for excellence in the pursuit of those goals.
After an exceptional 2021-22 year with respect to injury inquiries, the activities under the trade remedies mandate returned to volumes we had seen in previous fiscal years. Canada’s relatively strong performance in recovering from the pandemic and steady prices in certain commodities affected by unfair trade practices, such as steel, may have contributed to a lower level of new complaints being brought to the Tribunal. That said, with prospects of economic recovery, inflation and interest rates still uncertain both domestically and globally, it is difficult to predict how the Tribunal’s caseload may evolve in the coming months and year. Canadian industries remain concerned about the impact that dumping and subsidization practices may have on their operations.
Over the past year, there was a reduction in the number of procurement complaints filed with the Tribunal, compared to the previous year. However, the number of complaints remains higher than pre pandemic levels. Interestingly, of the 79 complaints received in 2022-23, 89% were filed by unrepresented parties, an even higher proportion than the previous year. This indicates that the Tribunal is perceived as a recourse of easy access for complainants, especially small and medium sized enterprises.
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 being issued past the 120-day post-hearing service standard. The Tribunal is working to mitigate any negative impact these delays have on parties.
The Tribunal is pleased to have welcomed Ms. Bree Jamieson-Holloway as Vice-chairperson during the past year. Ms. Jamieson-Holloway brings a diverse experience to the Tribunal in the area of corporate law and international business. Ms. Jamieson-Holloway started her five-year mandate on December 5, 2022.
The Tribunal would like to thank long-standing member Mr. Peter Burn for his tremendous contribution to the Tribunal during his nearly eight-year tenure, which came to an end on January 31, 2023. Mr. Burn’s contribution to the Tribunal has been immeasurable. His vast experience and expertise will be greatly missed.
The Tribunal would also like to express sincere gratitude to the Executive Director of the Secretariat, Ms. Gillian Burnett. Ms. Burnett joined the Secretariat as Executive Director last year and has successfully and diligently led the staff of the Secretariat in supporting the Tribunal. We are grateful to Ms. Burnett and the entire Secretariat team for their continued support and tireless work to ensure that we are able to execute our mandates in the most efficient and effective way possible.
As the Tribunal enters the 2023-24 fiscal year, we do so with great enthusiasm. We look forward to continuing to fulfill our mandates with great responsibility to ensure the fair, transparent and timely administration of both the Canadian and international rules that govern global trade.
Frédéric Seppey
Chairperson
Bree Jamieson-Holloway
Vice-chairperson