Short Title

1 These Rules may be cited as the Restrictive Trade Practices Commission Rules.

Interpretation

2 In these Rules,

Act

Act means the Combines Investigation Act; (Loi)

application

application means an application to the Commission under Part IV.1 of the Act; (demande)

Chairman

Chairman means the Chairman of the Commission; (président)

parties

parties, in relation to a hearing held or to be held by the Commission, means the applicant and any respondent; (parties)

pleading

pleading means an application, any reply whereby an application is opposed and any written brief or submission by a party and includes a consent to the making of an order by the Commission and the discontinuance of a proceeding commenced by an application; (plaidoirie)

respondent

respondent means any person, other than an applicant who, under Part IV.1 of the Act, must be afforded a reasonable opportunity to be heard; (répondant)

Secretary

Secretary means the Secretary of the Commission. (secrétaire)

Application of These Rules

3 These Rules apply to proceedings before the Commission under Part IV.1 of the Act.

Applications

• 4 (1) Every application shall be dated and signed by the applicant or a person authorized to sign on behalf of the applicant and shall

  • (a) be addressed to the Secretary;

  • (b) contain

    • (i) a clear and concise statement of the facts alleged and the grounds of the application,

    • (ii) a reference to the section of the Act under which the application is made,

    • (iii) particulars of the order applied for, and

    • (iv) a list of the pages of transcript of oral evidence in an inquiry under the Act, if any, and any other documents, suitably described, upon which the applicant relies;

  • (c) be divided into paragraphs, numbered consecutively, each of which shall be confined as nearly as possible to a distinct portion of the subject of the application;

  • (d) be endorsed with the name and address of the applicant or of a solicitor acting for him in the matter and with notice in the form set out in the schedule;

  • (e) be filed with the Commission in duplicate together with one copy of the material listed pursuant to subparagraph (b)(iv); and

  • (f) include an address for service on the applicant of all pleadings relating to the application.

• (2) A copy of the application shall, forthwith after it is filed pursuant to subsection (1), be served by the applicant or his solicitor upon the respondent or his solicitor and upon such other persons as the Commission may direct.

• (3) At the request of any respondent, the applicant shall furnish that respondent with a copy of the documents and transcript filed with the application.

Replies

• 5 (1) A respondent may, within 18 days after service upon him of an application, file with the Commission a reply to the application.

• (2) A copy of a reply filed pursuant to subsection (1) shall, forthwith after it is filed, be served by the respondent upon the applicant or his solicitor and upon such other person as the Commission may direct.

• 6 (1) A reply filed pursuant to section 5 shall be signed by the respondent or his solicitor or any other person authorized to sign on behalf of the respondent and shall

  • (a) contain

    • (i) a clear and concise statement of the grounds upon which the application is opposed or the modification of the proposed order is based, and

    • (ii) a list of the pages of transcript of oral evidence in an inquiry under the Act, if any, and any other documents, suitably described, other than those contained in the application, upon which the respondent relies;

  • (b) be divided into paragraphs, numbered consecutively, each of which shall be confined as nearly as possible to a distinct portion of the subject of the reply;

  • (c) include an address for service on the respondent of all pleadings pertaining to the proceeding; and

  • (d) be filed with the Commission in duplicate together with one copy of the material listed pursuant to subparagraph (a) (ii).

• (2) At the request of the applicant, any respondent shall furnish the applicant with a copy of the documents and transcript filed with the respondent's reply.

• 7 (1) Upon the filing of a reply with the Commission or, if no reply is duly filed, on the expiration of the time for filing the reply, the Chairman shall name the members of the Commission before whom the hearing will be held and where less than the full membership of the Commission is so named, the members so named shall thereafter exercise all the powers of the Commission in respect of the matter.

• (2) If the Chairman is not named pursuant to subsection (1), the Vice-Chairman or another member named pursuant to subsection (1) shall be named by the Chairman to preside as chairman.

• (3) Any other member of the Commission may be named in substitution for a member named pursuant to subsection (1) at any time prior to the hearing as the Chairman may decide.

Prehearing Conference

8 The Commission may, at any time after pleadings have been filed, direct in writing that the parties or their solicitors or other representatives appear before a member of the Commission at a specified time and place for a conference before the hearing for the purpose of considering

• (a) the simplification of issues;

• (b) the necessity or desirability of amending the application or reply for the purpose of clarification or simplification;

• (c) the making of admissions of certain facts, information of a public nature or the use by any party of documents and transcript;

• (d) the procedure to be followed at the hearing; and

• (e) such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

9 Where the Commission has, in any proceeding, required a party to furnish further information, the Commission may order a stay of the proceeding for such time as it considers reasonable in the circumstances.

Hearing

• 10 (1) Where

  • (a) a respondent fails to file a reply to an application within the time required by these Rules or any extension thereof by the Commission pursuant to section 16, or

  • (b) any party who has been notified of a hearing in accordance with subsection 11(2) fails to attend before the Commission in accordance with the notice,

  the Commission may proceed with the hearing and dispose of the matter in the absence of the respondent or that party.

• (2) At any time after the filing of the pleadings and before the matter has been heard by the Commission,

  • (a) the applicant may, in writing or orally before the Commission, withdraw the application and discontinue the proceeding; or

  • (b) the respondent may, in writing or orally before the Commission, consent to the granting of an order.

• 11 (1) Subject to sections 8 and 9, the Commission shall, within 10 days after the filing of a reply pursuant to section 5, set a date, time and place for hearing evidence and argument by or on behalf of the parties unless in the meantime the parties have agreed upon a date, time and place and obtained the concurrence of the Commission thereto.

• (2) When a matter is set down for hearing, the parties shall, not later than 10 days prior to the date of the hearing, be notified in writing or, with the approval of the chairman of the hearing, orally of the date, time and place of the hearing.

• (3) A notice referred to in subsection (2) shall be given by the Secretary or by such other person as the Chairman may direct.

• (4) Upon receipt of a notice pursuant to subsection (2), each party shall forthwith notify the Secretary in writing or orally whether he intends to appear in person or by counsel or other representative and shall state the name of counsel or other representative.

• (5) A copy of a notice referred to in subsection (2) shall be made available on request to the Secretary.

Subpoenas

• 12 (1) The Commission may, by order signed by a member named pursuant to section 7 and made at the request of any party or on the member's own motion, summon before it any person and require that person to give evidence on oath and to produce documents at a hearing.

• (2) Any order under subsection (1) shall be made without charge.

• (3) Any order under subsection (1) may be served personally or by registered mail or in such other manner as the member who signed the order may direct.

Orders of the Commission

• 13 (1) The Commission may, upon application, make an order in the form applied for or with such modifications or amendments or in such other form as it deems necessary or may refuse to make any order.

• (2) Where the Commission makes an order pursuant to subsection (1), other than an order made with the consent of the parties, or refuses to make an order under that subsection, the Commission shall issue written reasons therefor.

14 Unless otherwise stated by the Commission in its reasons, the effective date of an order of the Commission is the date on which the order is made.

15 Where an order is made pursuant to section 13, the Secretary shall forthwith forward a signed copy thereof to the applicant or his solicitor who shall forthwith have service of a copy thereof made upon the respondent and return the signed copy to the Secretary with affidavit of service attached or acknowledgement of service by the respondent endorsed thereon.

General

16 The Commission may, upon such terms as it deems advisable and as the justice of the case may require, extend the time prescribed by these Rules for doing any act, serving any notice, filing any document or taking any proceeding and may do so either before or after the expiration of the time prescribed.

17 The Commission may, upon such terms as it deems necessary, direct that a matter before the Commission under Part IV.1 of the Act be consolidated with any other matter before the Commission under that Part.

18 The hearing of any matter under Part IV.1 of the Act shall, when once commenced, proceed from day to day so far as, in the opinion of the Commission, may be practicable and may proceed in the evenings and on Saturday as required by the member presiding as chairman at the hearing.

19 The Commission may postpone or adjourn any hearing upon such terms as it deems advisable.

20 The Commission may, in any case where it considers it necessary to do so, request written briefs to be submitted by the parties in addition to oral argument.

• 21 (1) Where a pleading or any other document is required by these Rules to be served, the service may be effected

  • (a) by personal service;

  • (b) by registered mail addressed to the person to be served at his latest known or usual address or at any address of that person, his solicitor or other representative shown in any document filed by or on behalf of that person; or

  • (c) in such other manner as the Commission may direct.

• (2) Any pleading or other document required by these Rules to be filed with the Commission may be sent by registered mail addressed to the Secretary at the office of the Commission in Ottawa or may be delivered by hand to that office.

22 Where the name and address of any solicitor or agent of a party is endorsed on a pleading or other document filed with the Commission by or on behalf of the party, any subsequent pleading or other document that is required by these Rules to be served upon that party may be served upon that solicitor or agent.

23 Any pleading filed with the Commission may, with the consent of the Commission and upon such terms and conditions as the Commission prescribes, be amended at any time by the party who filed it.

24 Where any document is required by these Rules or by direction of the Commission to be served by any party, proof of service, by affidavit or admission of service endorsed on a copy of the document, shall be filed forthwith with the Commission after the document has been served as required.

25 Orders or directions made or issued by the Commission may be signed on behalf of the Commission by the Secretary or any member authorized in writing by the Chairman.

26 Where any matter arises during the course of any proceedings under Part IV.1 of the Act not provided for by the Act or these Rules, it shall be dealt with in such manner as the Commission directs.

27 No proceedings under these Rules shall be deemed invalid by reason of any defect of form or any technical irregularity.