CITT gets new inquiry and complaint powers covering goods imported under the proposed Indonesia Tariff

Amendments not yet in force add a new layer of trade-remedy procedures to the Canadian International Trade Tribunal Act specifically for goods that would benefit from an Indonesia Tariff under the Customs Tariff. Once in force, the Tribunal will be able to conduct emergency safeguard inquiries on a Governor-in-Council referral, and domestic producers (or associations acting for them) will be able to file safeguard complaints directly with the Tribunal if Indonesian-tariff goods are being imported in increased quantities causing, or threatening, serious injury. The standard of harm used is 'principal cause' — meaning an important cause no less significant than any other. Related housekeeping changes update notice, reporting, and extension-order provisions to include the new Indonesia Tariff category alongside existing country-specific tariff regimes. These provisions are listed as not yet in force, so no obligations arise until a separate coming-into-force order is issued.

Commercial Arbitration Act updated to cover CPTPP accessions and the Canada–Indonesia trade deal

Two additions have been made to Schedule 2 of the Commercial Arbitration Act, which lists the international trade agreements whose investor-state dispute provisions can be arbitrated under the Act. First, the reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is broadened to include any future accession protocols listed in the CPTPP Implementation Act schedule, meaning investors from newly joining CPTPP countries will also fall under the Act's arbitration framework. Second, Article 13.25 of the new Comprehensive Economic Partnership Agreement between Canada and Indonesia is added to Schedule 2, bringing investor-state disputes arising under that agreement within the Act's scope. Businesses with investments in Canada from CPTPP member or acceding states, or from Indonesia, and Canadian investors in those countries, should be aware that arbitration under this Act may now be available for eligible disputes. Legal counsel advising on cross-border investment structures under these agreements should review the updated Schedule 2.