On March 28, 2017 Canada Border Services Agency (CBSA) provided a summary of feedback received from a consultation notice of proposed modernization of disclosure practices relating to its anti-dumping and countervailing program. The notice was issued on January 30 to request feedback in an effort to improve services for stakeholders.
Outcome of proposals and responses
CBSA proposed that it maintain a two-business day service standard in fulfilling exhibit requests. This standard was qualified by the necessity of additional time required for courier delivery outside of Ottawa. This proposal was viewed positively by respondents although it was recognized that in most cases, the CBSA already maintains this standard on a routine basis.
For most respondents, the two-business day service standard has already been recognized as the status quo and is not perceived as a value added service. Of greater value to stakeholders would be a reduction in the time taken to place documents on the exhibit listing once they have been received by the CBSA.
CBSA proposed that counsel may elect to receive exhibit distributions on DVD or on a returnable USB. Feedback on this practice provided a variety of responses but noted a slightly higher preference for the use of USBs. CBSA concluded that providing for a choice of medium would satisfy more stakeholders, otherwise USBs were slightly preferred but there would not be a strong objection to either.
CBSA proposed using Proactive Disclosure where they would release exhibit documents at three scheduled dates in the investigation. Generally there was little support for Proactive Disclosures in the format proposed. CBSA concluded that in order to reduce potential questions of procedural fairness, initial Proactive Disclosures would be better placed at an earlier point in the investigation process and supplemented with an ability to request specific exhibits ahead of scheduled disclosure dates.
CBSA sought feedback on the current undertaking requirements that must be met by counsel when requesting exhibit disclosures. Recommendations for improvement reflected the need for multiple counsel in a firm to simultaneously access exhibit information thereby necessitating the ability to download documentation to a shared repository.
Other proposals received reflected a desire for improved use of modern technology and increased access to information.
CBSA noted its appreciation of the feedback it received on its SIMA Registry Modernization and Disclosure Practices and will continue to review the suggestions received to determine what improvements it can make to its processes.
The complete summary of the Registry Public Consultations Summary of Stakeholder Responses results is available on the CBSA website. http://www.cbsa-asfc.gc.ca/sima-lmsi/responses-eng.html