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Notice of extension: timeframe to file certificates of destruction following the CBSA’s determination in expiry review proceedings

As of April 1, 2022, certificates of destruction are due within 205 days following the CBSA’s determination in expiry review proceedings, or 30 days of the end of counsel’s participation in a proceeding.

This extends the timeline from 45 days following CBSA’s determination to 45 days following the issuance of the order and statement of reasons by the Canadian International Trade Tribunal. In other words, this provides counsel with continual access to the protected record throughout the complete lifecycle of the expiry review. The Confidentiality and Disclosure Guidelines for SIMA Proceedings and the Disclosure Undertaking template reflect this simplified process.

If you are representing a party in an expiry review proceeding at the time of this notice, you will need to file an updated disclosure undertaking in order to benefit from this extension. This will be valid for five years from the date of approval and will expire on the fifth year on December 31. All new disclosure undertakings will reflect the above timeframe.

Please direct any questions to SIMA Registry and Disclosure Unit.

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