Short Title

1 These Rules may be cited as the Canadian International Trade Tribunal Rules.

Definitions

2 In these Rules,

Act

Act means the Canadian International Trade Tribunal Act; (Loi)

address

address includes an address for electronic transmission; (adresse)

Agency

Agency means the Canada Customs and Revenue Agency established by the Canada Customs and Revenue Agency Act; (Agence)

appeal

appeal means an appeal referred to in paragraph 30(a); (appel)

appellant

appellant means a person who files a notice of appeal pursuant to rule 31; (appelant)

Commissioner

Commissioner means the Commissioner of Customs and Revenue appointed under section 25 of the Canada Customs and Revenue Agency Act; (commissaire)

counsel

counsel includes any person who acts in a proceeding on behalf of a party; (avocat)

counsel of record

counsel of record means the counsel of record for a party as determined in accordance with rule 11; (avocat inscrit au dossier)

Deputy Minister

Deputy Minister[Repealed, SOR/2000-139, s. 1]

document

document includes any written documentation, film, photograph and audio tape and any information stored by electronic means; (document)

electronic hearing

electronic hearing means a hearing held by telephone or video conference, or by any other electronic means by which parties can communicate with each other and the Tribunal orally; (audience électronique)

electronic transmission

electronic transmission includes communication by fax or electronic mail or by any other electronic means by which parties can communicate; (transmission électronique)

fax

fax[Repealed, SOR/2000-139, s. 1]

Form

Form[Repealed, SOR/2000-139, s. 1]

hearing by way of written submissions

hearing by way of written submissions means a hearing held by the exchange of documents; (audience sur pièces)

interested party

interested party, in relation to an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, means

• (a) the complainant, if any, under section 31 of that Act in the investigation in which the preliminary determination referred to in section 42 of that Act was made,

• (b) any domestic producer, exporter to Canada or importer into Canada of goods in respect of which the preliminary determination was made,

• (c) an association of, or that includes, domestic producers, exporters to Canada or importers into Canada of goods in respect of which the preliminary determination was made,

• (d) the government of any country mentioned in the preliminary determination, and

• (e) any other person who, because their rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal before the Tribunal disposes of the inquiry or the review, as the case may be, in accordance with that Act; (partie intéressée)

intervener

intervener means a person who

• (a) files a notice of intervention referred to in rule 39 or 40 and has been added as an intervener,

• (b) is permitted to intervene under an order of the Tribunal referred to in rule 42, or

• (c) is an interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint under section 30.17 of the Act; (intervenant)

other interested party

other interested party has the same meaning as in section 3 of the Canadian International Trade Tribunal Regulations; (autres intéressés)

party

party means

• (a) in the case of an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, an interested party who has filed a notice of participation in the inquiry or review, as the case may be, in accordance with these Rules,

• (b) in the case of a proceeding under section 89 or paragraph 91(1)(g) of the Special Import Measures Act, a person to whom notice has been sent under subrule 76(2) or rule 79, if the person has

  • (i) filed a notice of participation in accordance with these Rules, or

  • (ii) if no hearing is to be held in the proceeding, made a written submission to the Tribunal,

• (c) in the case of an appeal, the appellant, the respondent or an intervener,

• (d) in the case of a complaint under subsection 30.11(1) of the Act, the complainant, the government institution or an intervener, and

• (e) in the case of any other proceeding, a person who has an interest in the subject-matter of the proceeding and who has

  • (i) filed a notice of participation in that proceeding in accordance with these Rules, or

  • (ii) been given status by the Tribunal to be a party in that proceeding; (partie)

proceeding

proceeding includes an appeal, re-hearing, reference, inquiry, recommencement of inquiry, review, request for a ruling, reconsideration of an order or finding, complaint filed by a domestic producer or any other proceeding before the Tribunal under the Act or under any other Act of Parliament or regulations made thereunder; (procédure)

respondent

respondent means the Minister of National Revenue or the Commissioner, as the case may be; (intimé)

Secretary

Secretary means the Secretary of the Tribunal, and includes any other officer or employee of the Tribunal during any period that the officer or employee is authorized to act as Secretary. (secrétaire)

Interpretation

3 These Rules shall be liberally construed to secure the fairest, least expensive and most expeditious determination of every proceeding, in accordance with section 35 of the Act.

PART IRules of General Application

Application

4 Except where the context otherwise requires, this Part applies to all proceedings before the Tribunal.

Directions on Procedure

5 Where, in any proceeding, a question of procedure arises to which these Rules do not provide an answer, or the answer they do provide is incomplete, the question shall be disposed of, consistently with such, if any, of these Rules as are applicable, in such manner as the Tribunal directs.

Dispensing with or Varying Procedure

6 The Tribunal may dispense with, vary or supplement any of these Rules if it is fair and equitable to do so or to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit.

Combining of Proceedings

6.1 The Tribunal may, on its own initiative or on the written request of a party, combine two or more proceedings to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit.

Defect in Form and Irregularity

7 No proceeding is invalid by reason of a defect in form or a technical irregularity.

Extending or Abridging Time Limits

8 If it is fair and equitable to do so, the Tribunal may extend or abridge the time limits fixed by these Rules or otherwise fixed by the Tribunal, either before or after their expiry.

Computation of Time

9 Unless otherwise provided, the computation of time under these Rules or a direction of the Tribunal is governed by sections 26 to 28 of the Interpretation Act.

Participation

• 10 (1) A person who proposes to participate in a proceeding, other than a proceeding under Part II or Part X, shall file with the Tribunal a notice of participation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be.

• (2) If a person referred to in subrule (1) sets out, in the notice of participation, the name of the counsel by whom they will be represented, the counsel shall file with the Tribunal a notice of representation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be.

Counsel of Record

• 11 (1) A counsel who signs a document filed pursuant to these Rules on behalf of any party shall be the counsel of record for the party commencing on the date of filing and continuing until a change, if any, is made in accordance with subrule (2).

• (2) A party in a proceeding may change the party’s counsel of record by

  • (a) filing with the Tribunal a Notice of Change of counsel of record signed by the new counsel;

  • (b) serving a copy of the Notice on the former counsel and every other party in the proceeding; and

  • (c) filing with the Tribunal proof of service of the Notice.

Filing of Documents

• 12 (1) Subject to subrule (2) and rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, each document required or permitted by these Rules to be filed shall be filed by sending to the Secretary, by hand, mail or electronic transmission,

  • (a) in the case of an appeal, the original and five copies of the document and the number of additional copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties; and

  • (b) in all other proceedings, the original document and the number of copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties.

• (2) A party may make a written request to the Tribunal to file a document as a single copy exhibit.

• (3) A document that is filed by electronic transmission shall include the following information on the first page:

  • (a) the name, address and telephone and fax numbers of the sender;

  • (b) the date and time of the transmission;

  • (c) the total number of pages transmitted; and

  • (d) the name, address and telephone number of a person to contact if transmission problems occur.

• (4) When a document is filed by electronic transmission, the sender must immediately send to the Secretary the original document and the number of copies required under subrule (1).

• (5) Subject to subrule 31(3) and rule 96, the date of filing of a document is

  • (a) where the document is filed by electronic transmission, the date of transmission; and

  • (b) in any other case, the date on which the document is received by the Tribunal, as evidenced by the date stamped on the document by the Secretary.

Official and Other Languages

• 12.1 (1) Subject to subrule (2), all documents filed with the Tribunal must be in English or French.

• (2) A person may file an original document in a language other than English or French if, at the same time, the person also files a translation of it in English or French and an affidavit attesting to the accuracy of the translation. If the document is required to be served, the translation and affidavit must be served at the same time.

Service of Documents

• 13 (1) Subject to rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, the following rules apply to the service of documents:

  • (a) if a document is required to be served personally, the service shall be made

    • (i) on an individual, by leaving a copy of it with the individual,

    • (ii) on a corporation, by leaving a copy of it with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to manage or be in control of the place of business, and

    • (iii) in any other case, in any manner that the Tribunal determines is just and equitable in the circumstances; and

  • (b) if a document is not required to be served personally, the service shall be made at the address for service of the party.

• (2) [Repealed, SOR/2000-139, s. 6]

• (3) The address for service of a party shall be

  • (a) where there is a counsel of record for a party, the business address of the counsel as shown on the most recent document filed by the counsel that shows the counsel’s address; and

  • (b) where there is no counsel of record

    • (i) in the case of the Minister of National Revenue or the Commissioner, the Office of the Deputy Attorney General of Canada in Ottawa, or

    • (ii) in the case of any other party, the address of the party as shown on the most recent document filed by the party that shows the party’s address.

• (4) The service of a document at an address for service shall be made

  • (a) by sending it to the address for service by mail, by registered mail or by electronic transmission; or

  • (b) by leaving it at the address for service.

• (5) A document that is served by electronic transmission shall include the following information:

  • (a) the name, address and telephone and fax numbers of the sender;

  • (b) the name of the person to be served;

  • (c) the date and time of the transmission;

  • (d) the total number of pages transmitted; and

  • (e) the name, address and telephone number of a person to contact if transmission problems occur.

• (6) In the absence of proof to the contrary, the date of service of a document is

  • (a) if the document is served personally or by leaving it at the address for service, the date of delivery;

  • (b) if the document is served by mail or registered mail, the date that is five days after the earliest postal date appearing on the envelope containing the document; and

  • (c) if the document is served by electronic transmission, the date of the transmission.

• (7) If a document is required under these Rules to be served by a party or by direction of the Tribunal, the Tribunal may direct that a proof of service be filed with the Tribunal.

• (8) A proof of service of a document shall be made by showing

  • (a) an acknowledgement of service signed by or on behalf of the person served; or

  • (b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

Means of Transmission

13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, notifying, servicing or filing may be done by hand, mail, registered mail or electronic transmission.

Filing of Confidential Information

14 Where information designated as confidential pursuant to paragraph 85(1)(a) of the Special Import Measures Act is filed with the Tribunal, the Tribunal shall treat that information as confidential unless the person who provided it agrees in writing that it need not be treated as confidential by the Tribunal.

Submission of Confidential Information

• 15 (1) If a person provides confidential information to the Tribunal under paragraph 46(1)(a) of the Act, the person shall file with the Tribunal a document marked “confidential” that contains all of the information and that identifies the portions that have been deleted from the non-confidential edited version or the non-confidential summary under paragraph 46(1)(b) of the Act, which edited version or summary shall also be filed with the Tribunal.

• (2) Except for the purposes of Part II and Part X, the filing of the documents referred to in subrule (1) is completed when all of them have been filed, and, if they are filed on different dates, the date of filing is the date on which the most recent document is filed.

Disclosure of Information to Counsel or to Expert

• 16 (1) For the purpose of section 45 of the Act, a counsel for a party, other than a counsel who is not a resident of Canada or who is a director, servant or employee of the party, who wishes access to confidential information provided to the Tribunal shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that counsel’s disposal of the confidential information at the close of the proceeding or in the event of a change of counsel.

• (2) For the purpose of section 45 of the Act, a counsel for a party who is not a resident of Canada who wishes access to confidential information provided to the Tribunal shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that counsel’s disposal of the confidential information at the close of the proceeding or in the event of a change of counsel.

• (3) A person who is recognized by the Tribunal as an expert, who is acting under the control and direction of a counsel to whom confidential information has been disclosed and who wishes access to some or all of the confidential information shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that expert’s disposal of the confidential information at the close of the proceeding or in the event of a change of expert.

• (4) Any party or interested person may request, by way of notice of motion in accordance with rule 24, that the Tribunal not disclose some or all of the confidential information to a counsel or expert.

• (5) The Tribunal shall notify counsel, including counsel referred to in subrule (2), and the expert, if any, of its decision whether or not to disclose the confidential information and on what terms and conditions such disclosure would be made, and, in the case of a decision not to disclose the information, the Tribunal shall serve its decision in writing, with reasons, on the counsel and the expert.

Filing and Communication of Confidential Information

17 Subject to any other provisions of these Rules, confidential information shall be filed with the Tribunal and may be served only by the Tribunal.

Pre-hearing Conference

• 18 (1) At the same time as giving a notice of a hearing to be held in any proceeding or at any time after the giving of that notice, the Tribunal may direct that all parties to the proceeding or their counsels appear before the Tribunal or before a member thereof or the Secretary, at a time and place fixed by the Tribunal, for a pre-hearing conference for the purpose of making representations to the Tribunal or receiving guidance from the Tribunal with respect to any of the following matters that the Tribunal specifies:

  • (a) the clarification and simplification of issues;

  • (b) the procedure to be followed at the hearing;

  • (c) the mutual exchange between parties to the proceeding of written submissions, exhibits and other material presented or to be presented to the Tribunal;

  • (d) the question of whether any written submission, other document or testimony presented or proposed to be presented to the Tribunal contains confidential information;

  • (e) the question of the confidential information, if any, to which a person who is to appear on behalf of a party in the capacity of an expert on any matter should be given access; and

  • (f) any other matter that is relevant to the hearing.

• (2) Counsel for any party to a proceeding may, if notice of a hearing has been given in the proceeding, make a written request to the Tribunal to direct that a pre-hearing conference be held to consider any matter referred in subrule (1).

• (3) On receipt of a request referred to in subrule (2), the Tribunal may direct that a pre-hearing conference be held if it determines that a pre-hearing conference would assist in the orderly conduct of the hearing.

• (4) The Tribunal may conduct the pre-hearing conference in any manner that gives the parties or their counsel a fair opportunity to participate.

• (5) [Repealed, SOR/2000-139, s. 9]

Availability of Information

• 19 (1) The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, make available to each party or the party’s counsel all of the information that has been provided to the Tribunal for the purposes of the proceeding and that has not been designated as confidential.

• (2) The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, make all confidential information that has been provided to the Tribunal for the purposes of the proceeding available to each counsel who has filed a Declaration and Undertaking and who has been granted access to the confidential information.

Subpoenas

• 20 (1) The Tribunal may, on its own initiative or at the request of any party, summon before it by subpoena any person to attend a hearing and require that person to give evidence on oath or affirmation and to produce documents or other things.

• (2) A party may obtain a subpoena by making a request on the relevant Tribunal form that sets out the name, address and telephone and fax numbers of the party and of the person to be subpoenaed.

• (3) A subpoena shall be served on the witness personally and, at the time of service, an amount that is not less than the amount to which the witness would have been entitled as fees and allowances if the subpoena had been issued pursuant to Rule 333 of the Federal Court Rules shall be paid or tendered to the witness.

• (4) When a subpoena is served on a person, the original copy of the subpoena shall be filed with the Tribunal forthwith, together with proof of service on the person.

Witnesses

• 21 (1) Subject to section 34 of the Act and unless these Rules provide otherwise, witnesses at a hearing shall be examined orally on oath or affirmation and the examination may consist of direct examination, cross-examination and re-examination.

• (2) and (3) [Repealed, SOR/2000-139, s. 11]

Experts

• 22 (1) A party who intends to call an expert as a witness at a hearing shall, not less than 20 days before the hearing, file with the Secretary and serve on the other parties a report, signed by the expert, setting out the expert’s name, address, qualifications and area of expertise and a detailed outline of the expert’s testimony.

• (2) A party on whom a copy of a report has been served and who wishes to rebut with expert evidence any matter set out in the report shall, not less than 10 days before the hearing, file with the Secretary a statement setting out the evidence to be introduced in rebuttal and serve a copy of the statement on the other parties.

• (3) The report referred to in subrule (2) shall be signed by the expert and set out the expert’s name, address, qualifications and area of expertise and a detailed outline of the expert’s testimony.

Hearings

• 23 (1) Subject to subrule (2), all of the hearings at which the parties or their counsel may appear before the Tribunal are public.

• (2) The Tribunal may hold a hearing or any part of one in camera,

  • (a) on its own initiative or on the request of a party, for the purpose of receiving confidential information; or

  • (b) on the request of a party in which the party establishes that the circumstances justify an in camera hearing.

• (3) When the Tribunal holds a hearing or part of one in camera, the hearing or part may be attended only by

  • (a) a person who is to present confidential information and anyone whom the person requests be permitted to attend;

  • (b) counsel for a party who has been granted access to confidential information under rule 16;

  • (c) officers or employees of the Tribunal who have been directed to attend; and

  • (d) any other person whom the Tribunal authorizes to attend.

• (4) A party who requires oral translation in any given language in order to participate in or have a witness testify at a hearing, other than at a hearing by way of written submissions, shall notify the Tribunal in writing of the requirement and of the language of translation, at least 30 days before the hearing.

• (5) The Tribunal may permit a party to provide their own oral translation in order to participate in or have a witness testify at a hearing, other than a hearing by way of written submissions, if the party makes a request in writing at least 30 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances.

Requests for Decision or Order

• 23.1 (1) A party may make a request to the Tribunal for a decision or order on any matter that arises in the course of a proceeding, other than in respect of a matter referred to in rule 33, 42 or 43.

• (2) The party who makes the request shall serve a copy of it on the other parties at the same time as it is filed with the Tribunal.

Notice of Motion

• 24 (1) The Tribunal shall proceed by way of notice of motion if

  • (a) it decides not to proceed by way of written request under rule 23.1; or

  • (b) these Rules so specify.

• (2) A notice of motion shall be in writing and set out

  • (a) a clear and concise statement of the facts, which must be accompanied by an affidavit if the Tribunal so directs; and

  • (b) the decision or order sought and the grounds for seeking it.

• (3) A notice of motion given by a party shall be filed with the Secretary and served on the parties not less than three days before the day fixed for the commencement of the hearing.

• (4) Any party who wishes to answer a notice of motion shall file a written answer with the Secretary and serve a copy of it on the other parties.

• (5) Where a party wishes to submit a document in support of a notice of motion or answer, the document shall accompany the notice or answer in question and the party shall file it with the Secretary and serve a copy of it on the other parties.

• (6) Unless the Tribunal directs otherwise, a decision or order on a notice of motion shall be made in writing.

• (7) Notwithstanding subrules (2) to (5), a notice of motion in connection with a matter that has not come to the attention of a party prior to the commencement of a hearing may be given orally at the hearing and shall be disposed of in accordance with such procedure as the Tribunal may direct.

Late Filing

• 24.1 (1) Except in the case of rule 33, if a party is unable or fails to file a notice, statement, report, subpoena, brief, response to a questionnaire or other document within the applicable time limit, the party may make a written request to the Tribunal for permission to file that document.

• (2) A request under subrule (1) shall be made by filing the request and eight copies of it.

• (3) The request must set out

  • (a) the relevance of the document; and

  • (b) the reasons why the document was not filed on time and why it should be accepted.

• (4) The Tribunal may allow the document to be filed, in whole or in part, if it determines that to do so is fair and equitable in the circumstances.

• (5) The Tribunal shall notify the parties of its decision under subrule (4).

Type of Hearing

25 Unless otherwise required by these Rules, the Tribunal may decide to proceed by

• (a) way of a hearing at which the parties or their counsel appear before the Tribunal;

• (b) way of electronic hearing;

• (c) way of a hearing by way of written submissions; or

• (d) any combination of the ways referred to in paragraphs (a) to (c).

Hearing by Way of Written Submissions

25.1 When the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice to that effect and may

• (a) dispose of the matter on the basis of the written documentation before it;

• (b) require further information to be furnished by any party; and

• (c) invite submissions from any party or any person who may have an interest in the matter.

Electronic Hearing

25.2 If the Tribunal decides to proceed by way of an electronic hearing, the Tribunal shall publish in the Canada Gazette a notice of hearing and send a copy to the parties before the hearing.

Postponements and Adjournments of Hearings

• 26 (1) The Tribunal may, on its own initiative or on the request of a party, postpone or adjourn a hearing, and, in determining whether to grant the request, the Tribunal shall consider, in addition to any other relevant factors, whether a similar issue is being considered before another court whose determination could impact on the matter being heard, whether any prejudice would result if the postponement or adjournment were granted or not granted and whether a postponement or adjournment would unreasonably delay or impede the proceedings.

• (2) A request for a postponement shall be made at least 10 days before the hearing and shall set out the reasons for the postponement.

• (3) The Tribunal shall notify the parties of its decision under subrule (1).

Communication of Information

27 Any person who wishes to communicate with the Tribunal, to obtain information in respect of the procedure followed by the Tribunal, or to inspect documents, exhibits or other material provided to the Tribunal, shall apply to the Secretary.

Decisions, Orders or Findings of the Tribunal

• 28 (1) If the Tribunal makes a decision, declaration, determination, recommendation, order, finding or other ruling in a proceeding, the Secretary shall, forthwith after it is made, send, subject to paragraph 43(2)(a), subparagraphs 76.01(6)(a)(i) and 76.02(5)(a)(i) and subsections 76.03(5) and (6) of the Special Import Measures Act, a copy of it, to each party and to each person who was provided with a notice of commencement of the proceeding.

• (2) The Secretary shall, forthwith after the making of a decision, declaration, order, finding or other final ruling by the Tribunal in a proceeding, cause a notice thereof to be published in the Canada Gazette.

• (3) If the Secretary is required by paragraph 43(2)(b), subparagraph 76.01(6)(a)(ii) or 76.02(5)(a)(ii) or subsection 76.03(5) of the Special Import Measures Act to send a copy of the reasons for making an order or finding in a proceeding to the persons specified in subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) or (6) of that Act, as the case may be, the Secretary shall also send a copy of the reasons to every other person who was provided with a notice of commencement of the proceeding.

Failure to Comply

29 Where a party to a proceeding has not met any requirement of these Rules or complied with any order or direction issued by the Tribunal, the Tribunal may

• (a) stay the proceeding until it is satisfied that the requirement has been met or the order or direction has been complied with;

• (b) decide the matter in issue on the basis of the information on the record; or

• (c) make any order that it considers just and equitable in the circumstances, including a dismissal order.

PART IIProcedure for Appeals

Application

30 This Part applies to proceedings in respect of

• (a) an appeal from an assessment, reassessment, rejection, decision or determination of the Minister of National Revenue or from a decision or re-determination of the Commissioner, as the case may be, pursuant to

  • (i) section 67 of the Customs Act,

  • (ii) section 61 of the Special Import Measures Act,

  • (iii) sections 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act,

  • (iv) section 18 of the Softwood Lumber Products Export Charge Act, and

  • (v) sections 13 or 63 of the Energy Administration Act; and

• (b) with such modifications as the circumstances require, a re-hearing under subsection 68(2) of the Customs Act or paragraph 62(2)(b) of the Special Import Measures Act and a reference under section 70 of the Customs Act as if they were an appeal.

Commencement of Appeal

• 31 (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal

  • (a) with the Commissioner and the Secretary, in the case of an appeal under the Customs Act or the Special Import Measures Act; or

  • (b) with the Secretary, in the case of an appeal under the Excise Tax Act, the Softwood Lumber Products Export Charge Act or the Energy Administration Act.

• (2) The notice of appeal shall be accompanied by a copy of the assessment, reassessment, rejection, decision, determination or re-determination, as the case may be, from which the appeal is launched.

• (3) If the notice of appeal is filed by mail, the date of filing is the earliest postal date appearing on the envelope containing the document, and, in the absence of a proof of mailing, the date of filing is the date on which the document is received by the Tribunal, as evidenced by the date stamped on the document by the Secretary.

Sending of Notice of Appeal

32 Except in the case referred to in section 81.25 of the Excise Tax Act, the Secretary shall, forthwith after the filing of a Notice of Appeal pursuant to rule 31, send to the respondent, by hand or registered mail, a copy of the Notice.

Extension of Time for Objection or Appeal under the Excise Tax Act

33 An application referred to in section 81.32 of the Excise Tax Act for an extension of time for the serving of a notice of objection or for the institution of an appeal may be made on the relevant Tribunal form.

Brief

• 34 (1) The appellant shall, within 60 days after filing a notice of appeal under rule 31, file with the Secretary a brief prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the respondent.

• (2) A brief referred to in subrule (1) shall

  • (a) be dated and signed by the appellant or by the appellant’s counsel, if any;

  • (b) be divided into paragraphs that are numbered consecutively and that set out

    • (i) a concise statement of the grounds for appeal and of the material facts relevant to each ground,

    • (ii) a description of the goods in issue,

    • (iii) a concise statement of points in issue between the parties,

    • (iv) the statutory provisions relied on,

    • (v) a brief statement of argument to be made at the hearing, and

    • (vi) the nature of the decision, order, finding or declaration sought;

  • (c) include a table of authorities on which the appellant intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

  • (d) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

  • (e) contain the name, address for service, telephone number and fax number, if any, of the appellant and of the appellant’s counsel, if any.

• (3) An appellant who intends to rely at the hearing

  • (a) on any documents or authorities that were not previously filed with the Tribunal as part of a brief shall, not less than 10 days before the hearing, file them with the Secretary, and subject to rule 17, serve them on the other parties; and

  • (b) on any physical exhibit shall, not less that 10 days before the hearing, file it with the Secretary and notify the other parties of the filing.

Response

• 35 (1) The respondent shall, within 60 days after the service of the appellant’s brief under rule 34, file with the Secretary a response prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the appellant.

• (2) A response referred to in subrule (1) shall

  • (a) be dated and signed by the respondent or the respondent’s counsel, if any;

  • (b) be divided into paragraphs that are numbered consecutively and that set out

    • (i) a concise statement of the grounds on which the appeal is opposed and of the material facts relevant to each ground,

    • (ii) an admission or denial of each ground, and of each of the material facts relevant to each ground, set out in the appellant’s brief,

    • (iii) the issues to be decided,

    • (iv) the statutory provisions relied on,

    • (v) a brief statement of argument to be made at the hearing, and

    • (vi) the relief sought;

  • (c) include a table of authorities on which the respondent intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

  • (d) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

  • (e) contain the name, address for service, telephone number and fax number, if any, of the respondent and of the respondent’s counsel, if any.

• (3) A respondent who intends to rely at the hearing

  • (a) on any documents or authorities that were not previously filed with the Tribunal as part of a response shall, not less than 10 days before the hearing, file them with the Secretary and, subject to rule 17, serve them on the other parties; and

  • (b) on any physical exhibit shall, not less than 10 days before the hearing, file it with the Secretary and notify the other parties of the filing.

Written Submission and Documentary Evidence

36 The Tribunal may, at any time, direct a party to file with the Tribunal any written submissions, documents or evidence relating to an appeal.

Hearing by Way of Written Submissions

36.1 If, on the Tribunal’s own initiative or on the written request of a party, the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice of hearing in the Canada Gazette that

• (a) includes the manner and time for the filing of briefs by the parties; and

• (b) if appropriate, requires the appellant and respondent to file an agreed statement of any relevant facts.

Time for Hearing

37 Where an appeal is to be disposed of by means of a hearing, the Tribunal shall fix a date for the hearing of the appeal.

Notice of Hearing

38 When the Tribunal has fixed the date for a hearing, the Secretary shall notify, in writing, all of the parties to the appeal and their counsel.

Notice of Intervention in an Appeal under the Customs Act or the Special Import Measures Act

39 An appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act may be made by filing with the Secretary a notice of intervention on the relevant Tribunal form.

Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act

40 An intervention referred to in subsection 81.33(9) of the Excise Tax Act may be made by filing with the Secretary a notice of intervention on the relevant Tribunal form.

Notice of Intervention

40.1 A person who files a notice of intervention referred to in rule 39 or 40 shall specify

• (a) the nature of their interest in the appeal;

• (b) the reason why their intervention is necessary;

• (c) how the person may assist the Tribunal in the resolution of the appeal; and

• (d) any other relevant matters.

Party Added

• 41 (1) If a person has filed a notice of intervention under rule 39 or 40 and the Tribunal determines that, in the interests of fairness and equity, the parties to the appeal should be given an opportunity to make representations in respect of the intervention, the Secretary shall serve a copy of the notice on every person who is a party when the notice is filed.

• (2) If the Tribunal determines that the person referred to in subrule (1) shall be added as an intervener, the Secretary shall send a written notice to that effect to the other parties to the appeal.

• (3) Subject to subrule 19(2), each person or vendor added as a party to an appeal is entitled to receive from the Secretary copies of all of the documents that were filed by each party to the appeal prior to the day the person or vendor was added as a party.

• (4) Subject to rule 17, each party to the appeal shall serve on the person or vendor added as a party thereto a copy of all of the documents served by that party on other parties to the appeal on or after the day the person or vendor is added.

Intervention under Section 81.34 of the Excise Tax Act

• 42 (1) An application referred to in subsection 81.34(1) of the Excise Tax Act for an order permitting a person to intervene in an appeal may be made on the relevant Tribunal form.

• (2) A party served with a copy of an application made under subrule (1) may, within 14 days after that service or within such greater or lesser time as the Tribunal may direct, file with the Secretary a response to the application dealing with the facts raised in the application and stating whether a hearing should be held to determine the application.

• (3) Where a party files a response in accordance with subrule (2), the party shall forthwith serve a copy thereof on the applicant and on each other party to the appeal.

• (4) The Tribunal may dispose of an application made under subrule (1) on the basis of the written documentation or may hear it at the beginning of the hearing of the appeal or at such time and place as is fixed by the Tribunal including, if any pre-hearing conference is directed to be held in connection with the appeal, at the pre-hearing conference.

• (5) Where the Tribunal directs that a hearing be held to hear an application referred to in subrule (1), the Secretary shall send to the applicant and to each of the parties to the appeal a notice of the time and place of the hearing of the application.

• (6) Where an order permitting an applicant to intervene in an appeal is made by the Tribunal under section 81.34 of the Excise Tax Act

  • (a) a copy of the order shall be sent by the Secretary to each party to the appeal;

  • (b) subject to subrule 19(2), the person permitted to intervene is entitled to receive from the Secretary copies of all of the documents that were filed by each party to the appeal prior to the day the order is made; and

  • (c) subject to rule 17, each party to the appeal shall serve on the person permitted to intervene copies of all of the documents served by that party on other parties to the appeal on or after the day the order is made.

Assistance under Subsection 81.34(2) of the Excise Tax Act

43 An application referred to in subsection 81.34(2) of the Excise Tax Act for an order permitting a person to render assistance to the Tribunal by way of argument in an appeal may be made on the relevant Tribunal form.

Discontinuance

44 A party who instituted an appeal may, on or before the day fixed for the commencement of the hearing of the appeal, discontinue the appeal by filing with the Secretary a notice of discontinuance on the relevant Tribunal form and by serving forthwith a copy of it on the other parties to the appeal.

Decision by Consent

45 Except in an appeal under section 67 of the Customs Act or section 61 of the Special Import Measures Act, where all of the parties to an appeal agree, in a written consent signed by those parties and filed with the Secretary, to a decision disposing of the appeal in whole or in part by the Tribunal, the Tribunal may

• (a) dispose of the appeal in accordance with the consent without an oral hearing;

• (b) direct that the appeal be heard in whole or in part; or

• (c) direct that written representations be filed.

Failure to Appear

46 Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or give such other direction as is just.

Matter referred Back to the Tribunal by the Federal Court of Appeal

• 47 (1) When a matter is referred back to the Tribunal by the Federal Court of Appeal for re-hearing under either subsection 68(2) of the Customs Act or paragraph 62(2)(b) of the Special Import Measures Act, the Secretary shall without delay cause to be published in the Canada Gazette a notice of re-hearing that sets out the following information:

  • (a) the subject-matter of the re-hearing;

  • (b) the statutory authority for and the circumstances leading to the re-hearing; and

  • (c) any other information that is relevant to the re-hearing that the Tribunal specifies.

• (2) The Secretary shall send a copy of the notice referred to in subrule (1) to each party to the appeal.

• (3) After the publication of the notice referred to in subrule (1), the Tribunal may fix a time and place for a pre-hearing conference for the purpose of deciding the following matters:

  • (a) the issues to be addressed in the re-hearing;

  • (b) the record of the re-hearing;

  • (c) the introduction of new evidence, the calling of witnesses and the filing of any written submissions;

  • (d) the date of the re-hearing; and

  • (e) any other matter respecting the procedure to be followed in the re-hearing that would aid in its orderly conduct.

PART IIIReferences Under Subsection 33(2) of the Special Import Measures Act

Application

48 This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act.

Notice of Reference

49 A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal.

Sending of Notice to the Commissioner

50 Where a reference is made by a government or by a person other than the Commissioner, the Secretary shall forthwith give to the Commissioner written notice of the reference of the question to the Tribunal.

Information to be Filed by the Commissioner

51 Where a reference is made in relation to any matter before the Commissioner, the Commissioner shall file with the Tribunal

• (a) any written complaint made to the Commissioner pursuant to subsection 31(1) of the Special Import Measures Act in relation to that matter;

• (b) all information and material relating to that matter that was in the possession of the Commissioner when the Commissioner made the decision or reached the conclusion as a result of which the question was referred to the Tribunal; and

• (c) a list of the names and addresses of all persons and governments that, pursuant to that Act, were given notice of the decision or conclusion of the Commissioner as a result of which the question was referred to the Tribunal.

Advice

• 52 (1) The Tribunal shall render its advice on a reference in writing and give reasons for its advice.

• (2) Where the Tribunal has rendered its advice, the Secretary shall forthwith send a copy of the advice to the Commissioner and to every person and government named in the list referred to in paragraph 51(c).

• (3) If the Tribunal terminates a proceeding under paragraph 35.1(1)(b) or, if applicable, 35.1(1)(c) of the Special Import Measures Act, the Secretary shall give notice of the termination to the Commissioner and to every person and government named in the list referred to in paragraph 51(c).

PART III.1Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act

Application

52.1 This Part applies to a preliminary injury inquiry conducted by the Tribunal under subsection 34(2) of the Special Import Measures Act as a consequence of the receipt by the Secretary of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods.

Notice of Commencement of Preliminary Inquiry

52.2 When a notice of initiation of an investigation of dumping or subsidizing is filed with the Secretary, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of a preliminary inquiry that sets out the following information:

• (a) the statutory authority for the inquiry;

• (b) the subject-matter of the inquiry;

• (c) the date on or before which an interested party must file a notice of participation;

• (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

• (e) the date on or before which any written submissions must be filed;

• (f) the number of copies of each written submission that must be filed;

• (g) instructions with respect to the filing of confidential information;

• (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the preliminary inquiry may be obtained; and

• (i) any other information that is relevant to the preliminary injury inquiry that the Tribunal specifies.

Sending of a Notice of Commencement of Preliminary Inquiry

52.3 The Secretary shall send a copy of a notice of commencement of preliminary inquiry referred to in rule 52.2 to

• (a) the Commissioner;

• (b) all of the persons known to the Tribunal to be interested parties; and

• (c) the government of any country from which goods in respect of which the initiation of a dumping or subsidizing investigation was made were exported to Canada.

Information to be Filed by the Commissioner

52.4 When the Commissioner causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the Commissioner shall cause to be filed with the Secretary, in addition to the notice required to be given under paragraph 34(1)(a) of that Act,

• (a) a copy of the Commissioner’s statement of reasons for initiating the investigation;

• (b) a copy of both the public and, if applicable, confidential version of the written complaint made to the Commissioner under subsection 31(1) of the Special Import Measures Act; and

• (c) any other relevant information that has been taken into consideration by the Commissioner.

52.5 When the Tribunal terminates a proceeding under paragraph 35.1(1)(b) of the Special Import Measures Act, the Secretary shall give notice of the termination to the Commissioner and to every person and government referred to in rule 52.3.

PART IVInquiries Under Section 42 of the Special Import Measures Act

Application

53 This Part applies to an inquiry in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt by the Secretary of a notice of a preliminary determination of dumping or subsidizing in respect of goods.

Notice of Commencement of Inquiry

54 If a notice of a preliminary determination of dumping or subsidizing is filed with the Secretary under the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

• (a) the statutory authority for the inquiry;

• (b) the subject-matter of the inquiry, together with any other relevant details of the inquiry that the Tribunal directs;

• (c) the date on or before which an interested party must file a notice of participation;

• (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

• (e) the date on or before which an interested person may file written representations under subsection 45(6) of that Act;

• (f) the date on or before which any written submissions must be filed;

• (g) the number of copies of each written submission that must be filed;

• (h) instructions with respect to the filing of confidential information;

• (i) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained;

• (j) the place and time fixed for the commencement of a hearing in the inquiry; and

• (k) any other information that is relevant to the inquiry that the Tribunal specifies.

Sending of a Notice of Commencement of Inquiry

55 The Secretary shall send a copy of a notice of commencement of inquiry referred to in rule 54 to

• (a) the Commissioner;

• (b) all of the persons known by the Tribunal to be interested parties; and

• (c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada.

Information to be Filed by the Commissioner — Preliminary Determination

56 Where the Commissioner makes a preliminary determination of dumping or subsidizing with respect to goods pursuant to section 38 of the Special Import Measures Act, the Commissioner shall cause to be filed with the Secretary, in addition to the written notice referred to in paragraph 38(3)(b) of that Act, the following materials:

• (a) a copy of the preliminary determination;

• (b) a detailed statement of all estimates and of all things specified by the Commissioner pursuant to paragraph 38(1)(a) or (b) of that Act;

• (c) a document that contains information with respect to

  • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Commissioner, and

  • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the Commissioner to be dumped or subsidized; and

• (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the Commissioner’s possession and as the Tribunal may from time to time request.

Information to be Filed by the Commissioner — Final Determination

57 Where the Commissioner makes final determination of dumping or subsidizing with respect to goods pursuant to section 41 of the Special Import Measures Act, the Commissioner shall cause to be filed with the Secretary, in addition to the written notice referred to in subsection 41(3) of that Act, the following materials:

• (a) a copy of the final determination;

• (b) a detailed statement of all estimates and of all things specified by the Commissioner pursuant to subsection 41(1) of that Act;

• (c) a document that contains information with respect to

  • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Commissioner, and

  • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the Commissioner to be dumped or subsidized; and

• (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the Commissioner’s possession and as the Tribunal may from time to time request.

Information to be Provided by the Secretary

58 In any inquiry, the Secretary shall, forthwith after expiration of the date on or before which interested parties or counsel for the interested parties are required to file a Notice of Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that party, with the following information:

• (a) the names and addresses of all parties to the inquiry and their counsel, if any;

• (b) the codes assigned to the parties’ exhibits; and

• (c) the procedure for the filing of documents.

Availability of Information

59 In an inquiry, the Secretary shall, after the expiry of the date on or before which interested parties are required to file a notice of participation, make available, in the manner that the Tribunal directs,

• (a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) or (2) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and

• (b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential.

Written Submissions and Documentary Evidence

• 60 (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

  • (a) written submissions, documents or evidence relating to the inquiry;

  • (b) a statement of the evidence adduced or to be adduced by the party; and

  • (c) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry.

• (2) In the case of an inquiry under section 31 of the Special Import Measures Act, the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person.

Information to be Provided by Parties

61 In considering an issue of injury or retardation or threat of injury, the Tribunal may at any time direct a party to an inquiry to produce information that relates to the factors prescribed by section 37.1 of the Special Import Measures Regulations.

Request for Information

• 61.1 (1) In this rule, a request for information includes a request for the production of a document.

• (2) A party may direct a request for information to any other party.

• (3) A party that makes a request for information shall file the request with the Tribunal and serve it on the other parties within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct.

• (4) A request for information shall

  • (a) be in writing;

  • (b) set out the name of the party to whom it is addressed;

  • (c) number each request for information consecutively;

  • (d) explain how the request is relevant or necessary to the proceeding; and

  • (e) be dated.

• (5) If the party to whom the request is addressed refuses to give some or all of the information requested, that party must, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

  • (a) if the party contends that some or all of the information requested is not relevant or necessary, give reasons in support of that contention;

  • (b) if the party contends that some or all of the information requested is not available, give reasons for its unavailability and provide any other available information or documents that are of the same nature and to the same effect as the requested information; and

  • (c) if the party makes any other contention, including a contention based on criteria referred to in paragraphs (7)(c) to (f), give reasons in support of that contention.

• (6) The Tribunal may, on its own initiative or on the request of a party, refuse the request or grant all or part of it on the basis of criteria set out in subrule (7).

• (7) For the purpose of subrule (6), the Tribunal shall take the following criteria into account:

  • (a) the relevance and necessity of the information requested;

  • (b) any contentions referred to in subrule (5);

  • (c) the sufficiency of the information already on the record;

  • (d) the availability of the information from other sources;

  • (e) the ability or inability of the party to respond; and

  • (f) any other matter relevant to the request.

• (8) If the Tribunal orders the party to whom the request is addressed to provide some or all of the information requested, the party shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

  • (a) serve on the other party

    • (i) a full and adequate response, in writing, for each question in the request,

    • (ii) a signed declaration that the responses are complete and correct to the best of the information and belief of the party providing the response, and

    • (iii) the information requested, or copies of it; and

  • (b) file with the Tribunal copies of the responses and information in the number that the Secretary indicates are necessary for the Tribunal and the interested parties.

• (9) A party to whom a request for information is directed complies with the order of the Tribunal if the party indicates to the other party which of its records contain the relevant information and

  • (a) the party specifies in sufficient detail where the information may be found;

  • (b) the burden of obtaining the information is substantially the same for either party; and

  • (c) the party directing the request is given a reasonable opportunity to examine the records and make copies or summaries of them.

• (10) If a party files a response or documents that contain confidential information, the party who provides the confidential information shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, file a non-confidential edited version or a non-confidential summary of the response in accordance with paragraph 46(1)(b) of the Act.

• (11) If a party to whom a request for information is directed does not comply with this rule, the party who directed the request for information may request the Tribunal to order compliance.

Notice of Matters Arising

• 61.2 (1) A party who wishes to have supplementary information relating to submissions, evidence and responses to requests for information that are filed with the Tribunal by another party shall serve a notice on all of the parties before the start of a hearing, within the period that the Tribunal may direct, to have the other party answer questions or provide documents or other information at the hearing concerning the matters arising from the material filed.

• (2) A party who makes a request shall file the notice with the Tribunal.

• (3) The notice shall

  • (a) be in writing;

  • (b) identify the party who will be required to answer questions or bring specified documents or information;

  • (c) number each matter consecutively;

  • (d) specify the information or documents requested, with an explanation of how they are relevant or necessary to the proceeding; and

  • (e) be dated.

• (4) The Tribunal shall notify the parties in writing on which matters they must be prepared to answer questions at the hearing and specify which documents, if any, that they must be prepared to bring with them to the hearing.

Information to be Filed by the Secretary — Advice under Section 46 of Special Import Measures Act

62 When the Tribunal advises the Commissioner under section 46 of the Special Import Measures Act, the Secretary shall cause to be filed with the Commissioner, in addition to the written notice referred to in that section, a copy of the information relied on by the Tribunal in giving its advice.

63 [Repealed, SOR/2000-139, s. 33]

PART VRecommencement of Inquiry Under Section 44 of the Special Import Measures Act

Application

64 This Part applies to the recommencement of an inquiry made by the Tribunal under paragraph 44(1)(a) or (b) of the Special Import Measures Act where, pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of the Special Import Measures Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods.

Notice of Recommencement of Inquiry

65 Where an inquiry is recommenced pursuant to subsection 44(1) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of recommencement of inquiry setting out, with such modifications as the circumstances require, the same information as is referred to in paragraphs 54(a) to (k).

Sending of Notice

66 The Secretary shall forthwith send a copy of the notice of recommencement of inquiry referred to in rule 65 to the persons referred to in paragraph 44(2)(a) of the Special Import Measures Act.

Written Submission

67 Where an order or finding of the Tribunal is set aside or is set aside in relation to particular goods pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of the Special Import Measures Act but the matter is not referred back to the Tribunal for determination, any person interested in making any written submission on the question of whether the Tribunal should recommence the inquiry in accordance with paragraph 44(1)(b) of the Special Import Measures Act shall file a submission within 21 days after the final disposition of the application.

Application of Part IV

68 Subject to any direction or order of the Tribunal, Part IV applies, with such modifications as the circumstances require, to a recommencement of an inquiry.

PART V.1Public Interest Inquiry Under Section 45 of the Special Import Measures Act

Notice of Commencement of Inquiry

• 68.1 (1) If a public interest inquiry is initiated arising out of a finding of injury as a result of an inquiry referred to in section 42 of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

  • (a) the statutory authority for the inquiry;

  • (b) the subject-matter of the inquiry, together with any other relevant details of the inquiry that the Tribunal directs;

  • (c) the date on or before which an interested party or interested person must file a notice of participation;

  • (d) the date on or before which counsel for an interested party or interested person, if any, must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

  • (e) the date on or before which any written submissions must be filed;

  • (f) the number of copies of each written submission that must be filed;

  • (g) instructions with respect to the filing of confidential information;

  • (h) the date, place and time fixed for the commencement of a hearing in the inquiry; and

  • (i) any other information that is relevant to the inquiry that the Tribunal specifies.

• (2) The Secretary shall send a copy of a notice of commencement of inquiry referred to in subrule (1) to

  • (a) the Commissioner;

  • (b) all of the persons known by the Tribunal to be interested parties or interested persons; and

  • (c) the government of any country from which goods in respect of which the final determination was made were exported to Canada.

Information to be Provided by the Secretary

68.2 The Secretary shall, forthwith after the expiry of the date on or before which interested parties or interested persons are required to file a notice of participation or counsel for them is required to file a notice of representation, provide each counsel and, where an interested party or interested person is not represented by counsel, that interested party or interested person, with the following information:

• (a) the names and addresses of all parties and interested persons to the inquiry and their counsel, if any; and

• (b) the procedure for the filing of documents.

Written Submissions and Documentary Evidence

68.3 The Tribunal may at any time direct any party or interested person to a public interest inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

• (a) written submissions, documents or evidence relating to the inquiry;

• (b) a statement of the evidence adduced or to be adduced by the party or interested person; and

• (c) a description of any exhibit in other than documentary form that the party or interested person intends to adduce at the inquiry.

Additional Information to be Provided by Parties or Interested Persons

68.4 The Tribunal may at any time direct a party or interested person to a public interest inquiry to produce any additional information that relates to any factors or that it considers relevant to the inquiry.

PART VIReviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act

Application

69 This Part applies in respect of a review of an order or finding by the Tribunal

• (a) under subsection 76.01(1), 76.02(1) or 76.03(3) of the Special Import Measures Act, whether on the Tribunal’s own initiative or at the request of the Commissioner or any other person or of any government;

• (b) under subsection 76.02(3) of that Act, if the order or finding is referred back to the Tribunal under an order made by a panel under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4) of that Act; or

• (c) under subsection 76.1(2) of that Act.

Review under Section 76.01 or 76.02 of the Special Import Measures Act

• 70 (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act shall be filed with the Secretary and shall set out the following information:

  • (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of their counsel, if any;

  • (b) the nature of their interest in the order or finding;

  • (c) the grounds on which the person believes initiation of the review is warranted and a statement of the facts on which the grounds are based; and

  • (d) the nature of the order or finding that the person believes the Tribunal should make under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act on completion of the review.

• (2) On receipt of a properly documented request referred to in subrule (1), the Tribunal shall inform each party to the inquiry or review that resulted in the order or finding of its receipt of the request and shall give them an opportunity to make representations to the Tribunal concerning the request.

• 71 (1) If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of review that sets out the following information:

  • (a) the statutory authority for the review;

  • (b) the subject-matter of the review, together with any other relevant details of the review that the Tribunal directs;

  • (c) the date on or before which an interested party must file a notice of participation;

  • (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

  • (e) the date on or before which any written submissions must be filed;

  • (f) the number of copies of each written submission that must be filed;

  • (g) instructions with respect to the filing of confidential information;

  • (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review may be obtained; and

  • (i) the place and time fixed for commencement of a hearing in the review.

• (2) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

72 In order to decide whether an interim review under section 76.01 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information concerning

• (a) whether changed circumstances or new facts have arisen since the making of the order or finding;

• (b) facts that were not put in evidence in the original proceedings and that were not discoverable by the exercise of reasonable diligence; and

• (c) any other matter that is relevant to the review.

73 When the Tribunal makes an order or a finding under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act, the Secretary shall

• (a) send a copy of the order or finding and the reasons for the decision to each party and to each person who was provided with the notice of review; and

• (b) cause a notice of it to be published in the Canada Gazette in accordance with the appropriate subsection of that Act.

Review under Section 76.03 of the Special Import Measures Act

• 73.1 (1) When an order or a finding is deemed to be rescinded on the expiry of a five-year period in accordance with subsection 76.03(1) of the Special Import Measures Act, the notice of expiry that the Secretary must cause to be published in the Canada Gazette in accordance with subsection 76.03(2) of that Act shall set out the following information:

  • (a) the date on which the order or finding will be deemed to be rescinded;

  • (b) the date on or before which any written submissions must be filed by any person or government requesting or opposing the initiation of a review of the order or finding;

  • (c) the number of copies of each written submission that must be filed;

  • (d) instructions with respect to the filing of confidential information; and

  • (e) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the expiry may be obtained.

• (2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal shall

  • (a) if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision;

  • (b) if it makes an order not to initiate a review under subsection 76.03(5) of that Act, ask the Secretary to cause a notice of that order to be published in accordance with that subsection; or

  • (c) if it decides to initiate a review, ask the Secretary to publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

• (3) The Secretary shall send a copy of a notice of expiry or a notice of review, as the case may be, to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information that addresses the following:

• (a) the likelihood of a continuation or resumption of dumping or subsidization of the goods;

• (b) the likely volume and price ranges of dumped or subsidized imports if dumping or subsidization were to continue or resume;

• (c) the domestic industry’s recent performance, including trends in production, sales, market share and profits;

• (d) the likelihood of injury to the domestic industry if the order or finding were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped or subsidized imports on the industry’s future performance;

• (e) any other developments affecting, or likely to affect, the performance of the domestic industry;

• (f) changes in circumstances, domestically or internationally, including changes in the supply or demand for the goods, and changes in trends in, and sources of, imports into Canada; and

• (g) any other matter that is relevant to the review.

73.3 If the Commissioner determines under subsection 76.03(9) of the Special Import Measures Act that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the Commissioner shall cause to be filed with the Secretary, in addition to the notice of determination that must be provided under paragraph 76.03(7)(b) of that Act,

• (a) the reasons for the determination;

• (b) information relating to the enforcement of the Tribunal’s order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and

• (c) any other information that has been taken into consideration by the Commissioner.

73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, the Secretary shall

• (a) send a copy of the order and reasons for it to each party and to each person who was provided with the notice of review; and

• (b) cause a notice of it to be published in the Canada Gazette.

Review under Section 76.1 of the Special Import Measures Act

• 73.5 (1) If the Minister of Finance requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Secretary shall publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

• (2) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.6 If the Tribunal makes an order or a finding under subsection 76.1(2) of the Special Import Measures Act, the Secretary shall

• (a) send a copy of the order or finding and the reasons for the decision to each party and to each person who was provided with the notice of review; and

• (b) cause a notice of it to be published in the Canada Gazette.

Application of Certain Rules

• 73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part.

• (2) Rules 61.1 and 61.2 do not apply to a public interest inquiry under section 45 of the Special Import Measures Act or to a review under section 76.01, 76.02 or 76.1 of that Act.

PART VIIRulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act

Application

74 This Part applies

• (a) to a request made to the Tribunal by the Commissioner pursuant to section 89 of the Special Import Measures Act for a ruling on the question of which of two or more persons is the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported; and

• (b) to a reconsideration, under paragraph 91(1)(g) of that Act, of an order or finding made by the Tribunal in an inquiry referred to in paragraph 90(c) of that Act.

Notice of Request by Commissioner

75 Where the Commissioner makes a request pursuant to subsection 89(1) of the Special Import Measures Act, the Commissioner

• (a) shall give notice of the request to

  • (i) each of the two or more persons referred to in that subsection,

  • (ii) where the Commissioner made the request at the request of a person interested in the importation of the goods referred to in that subsection, that person interested, and

  • (iii) each exporter to Canada of those goods; and

• (b) shall file with the Secretary a list of the names, addresses for service, telephone numbers and fax numbers, if any, of the persons given notice pursuant to paragraph (a).

Notice of Request for a Ruling

• 76 (1) Forthwith after the list referred to in paragraph 75(b) is filed with the Secretary, the Secretary shall cause to be published in the Canada Gazette a notice of request for a ruling setting out the following information:

  • (a) the statutory authority for the request for a ruling;

  • (b) the matter or thing that is the subject of the request for a ruling, together with such details or explanation of the request for a ruling as the Tribunal directs;

  • (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

  • (d) instructions with respect to the filing of confidential information;

  • (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

  • (f) where the Tribunal has directed that a hearing be held, the following information, namely,

    • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Secretary a written request for such a notice,

    • (ii) the date on or before which an interested person must file with the Tribunal a notice of participation, and

    • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

  • (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the request for a ruling may be obtained; and

  • (h) such other information as the Tribunal specifies.

• (2) The Secretary shall send a copy of a notice of request for a ruling to the following persons:

  • (a) the Commissioner; and

  • (b) each person shown on the list referred to in paragraph 75(b).

Request for Reconsideration

77 A request to the Tribunal to reconsider, pursuant to paragraph 91(1)(g) of the Special Import Measures Act, an order or finding made by it in an inquiry referred to in paragraph 90(c) of that Act shall be filed with the Secretary and shall set out the following information:

• (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of the person’s counsel, if any;

• (b) the nature of the person’s interest in the order or finding;

• (c) the grounds on which the person believes reconsideration of the order or finding is warranted and a statement of the facts on which the grounds are based; and

• (d) the nature of the action that the person believes the Tribunal should take pursuant to paragraph 91(3)(a) of that Act on completion of the reconsideration.

Notice of Reconsideration

78 Where the Tribunal decides, on its own initiative or on request, to reconsider an order or finding pursuant to paragraph 91(1)(g) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of reconsideration setting out the following information:

• (a) the statutory authority for the reconsideration;

• (b) the matter or thing that is the subject of the reconsideration, together with such details or explanation thereof as the Tribunal directs;

• (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of the written submission that must be filed;

• (d) instructions with respect to the filing of confidential information;

• (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

• (f) where the Tribunal has directed that a hearing be held, the following information, namely,

  • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Secretary a written request for such a notice,

  • (ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a notice of participation, and

  • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

• (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the reconsideration may be obtained; and

• (h) such other information as the Tribunal specifies.

Sending of Notice

79 The Secretary shall send a copy of the notice of reconsideration referred to in Rule 78 to the following persons and governments:

• (a) where reconsideration of the order or finding referred to in that rule was initiated by the Tribunal at the request of a person interested, the person interested;

• (b) the Commissioner;

• (c) each domestic producer of goods that are like the goods to which the order or finding applies;

• (d) all parties to the inquiry in which the order or finding was made and governments to which notice of the making of the order or finding was given by the Tribunal; and

• (e) such other person as the Tribunal specifies.

Forwarding of Notice of Action Taken and Reasons

80 In addition to the persons referred to in paragraph 91(3)(b) of the Special Import Measures Act, the Secretary shall forward by registered mail the notice of action taken and copies of the reasons for that action referred to in that paragraph to every other person to whom and government to which the Secretary was required by rule 79 to send a copy of a Notice of Reconsideration.

Application of Certain Rules

81 Rules 59 and 60 apply, with any modifications that the circumstances require, to a request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal under paragraph 91(1)(g) of that Act.

PART VIIIComplaints by Domestic Producers

Application

82 This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer.

Additional Information Accompanying a Written Complaint

• 83 (1) In addition to providing the information set out in subsections 23(2) and (3) of the Act, a complaint filed with the Tribunal shall be signed by the complainant or by the complainant’s counsel, if any, and shall be accompanied by the following information:

  • (a) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any;

  • (a.1) the name and description of the imported goods concerned, their tariff classification, their current tariff treatment, and the name and description of the like or directly competitive domestic goods concerned;

  • (a.2) the locations of the establishments in which the complainant produces the domestic goods;

  • (a.3) the percentage of domestic production of the like or directly competitive goods that the complainant accounts for and the basis for claiming that the complainant is representative of an industry;

  • (a.4) the names and locations of all other domestic establishments in which the like or directly competitive goods are produced;

  • (a.5) data on total domestic production of the like or directly competitive goods for each of the five most recent full years;

  • (b) a list of any documents that may be useful in explaining or supporting the complaint;

  • (c) a list of any other interested parties;

  • (d) the actual volume of the goods imported into Canada for each of the five most recent full years that form the basis of the complaint and the effect of the imported goods on the prices of like or directly competitive goods in Canada, including

    • (i) whether there has been a significant increase in the importation into Canada of the goods, either absolutely or relative to the production in Canada of like or directly competitive goods,

    • (ii) whether the prices of the goods imported into Canada have significantly undercut the prices of like or directly competitive goods produced and sold in Canada, and

    • (iii) whether the effect of the importation into Canada of the goods has been

      • (A) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

      • (B) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada; and

  • (e) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada and all relevant economic factors and indices that have a bearing on the industry that comprises or includes the like or directly competitive goods, including, without limiting the generality of the foregoing,

    • (i) actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments, and

    • (ii) factors affecting domestic prices.

    • (iii) [Repealed, SOR/95-13, s. 1]

• (2) In addition to the information specified in subrule (1), information that is necessary to apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal Regulations shall be filed at the request of the Tribunal.

PART IXReferences Under Section 18, 19, 19.01, 19.011, 19.012, 19.1 or 20 of the Act

Application

84 This Part applies to a reference made to the Tribunal

• (a) pursuant to section 18 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada;

• (b) pursuant to section 19 of the Act, for inquiry into and report to the Minister on any tariff-related matter, except a matter referred to in Part X;

• (c) pursuant to section 19.01, 19.011, 19.012 or 19.1 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods that are entitled, under the Customs Tariff, to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff, the Canada-Israel Free Trade Agreement Tariff or the Chile Tariff; and

• (d) pursuant to section 20 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods or to the provision by persons normally resident outside Canada of services in Canada.

Notice of Inquiry

85 Where, pursuant to section 18, 19, 19.01, 19.011, 19.012, 19.1 or 20 of the Act, a matter is referred to the Tribunal for inquiry and report, the Secretary shall cause to be published in the Canada Gazette a notice of inquiry setting out the following information:

• (a) the statutory authority for the inquiry;

• (a.1) the name of the complainant;

• (b) the imported goods that are the subject of the inquiry, including their tariff classification, together with such details or explanation of the inquiry as the Tribunal directs;

• (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

• (d) instructions with respect to the filing of confidential information;

• (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

• (f) where the Tribunal has directed that a hearing be held, the following information, namely,

  • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Secretary a written request for such a notice,

  • (ii) the date on or before which any person interested in the matter must file with the Tribunal a notice of participation, and

  • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

• (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained and non-confidential documents filed in the course of the inquiry may be inspected, as well as the name, address and telephone number of the office to be contacted for more information; and

• (h) such other information as the Tribunal specifies.

Sending of Notice

86 The Secretary shall send a copy of a notice of inquiry referred to in rule 85 to

• (a) where the inquiry is in relation to goods, all domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Tribunal;

• (b) where the inquiry is in relation to the provision of services, all persons who provide the services in Canada who are known to the Tribunal;

• (c) the government of any country that is considered by the Tribunal to have an interest in the inquiry;

• (d) any trade association that appears to the Tribunal to have a particular interest in the inquiry; and

• (e) such other persons as the Tribunal specifies.

Hearing to be Held

• 87 (1) Notwithstanding that a notice of inquiry referred to in rule 85 states that the Tribunal has not directed that a hearing be held, the Tribunal may, at any time after publication of the notice in the Canada Gazette, direct that a hearing be held if, at any time after that publication, it considers that the holding of a hearing is necessary or desirable.

• (2) Where, pursuant to subrule (1), the Tribunal directs that a hearing be held, the Secretary shall cause to be published in the Canada Gazette a notice setting out that the Tribunal has so directed.

• (3) Any notice given pursuant to subrule (2) shall include the information set out in paragraph 78(f).

Application of Certain Rules

88 Rules 59 and 60 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

PART XReferences Under Section 19 and Reviews Under Section 19.02 of the Act

Application

89 This Part applies in respect of

• (a) a standing reference made to the Tribunal under section 19 of the Act by the Minister for inquiry and report into

  • (i) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the General Preferential Tariff and that are being imported into Canada at the General Preferential Tariff rates of customs duty under section 33 of the Customs Tariff, or that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Least Developed Country Tariff and that are being imported into Canada at the Least Developed Country Tariff rates of customs duty under section 37 of the Customs Tariff, are causing or threatening injury to that producer, or

  • (ii) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Commonwealth Caribbean Countries Tariff and that are being imported into Canada at the Commonwealth Caribbean Countries Tariff rates of customs duty under section 41 of the Customs Tariff, are causing or threatening injury to that producer; and

• (b) a review made under section 19.02 of the Act.

Complaints by Producers

• 90 (1) A written complaint by a domestic producer referred to in paragraph 89(a) shall be

  • (a) signed by the complainant or by the complainant’s counsel;

  • (b) filed with the Secretary; and

  • (c) accompanied by the following information:

    • (i) the facts on which the allegations are based,

    • (ii) the nature of the relief sought,

    • (iii) the goods in issue,

    • (iv) the sources from which the goods are being imported at preferential rates,

    • (v) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any,

    • (vi) a list of any documents that may be useful in explaining or supporting the complaint,

    • (vii) a list of any other domestic producers of the goods referred to in the complaint, indicating which, if any, of those producers support the complaint,

    • (viii) the information referred to in paragraphs 83(d) and (e), and

    • (ix) such other information as is available to the complainant to prove the facts referred to in subparagraph (i).

• (2) If the Tribunal determines that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the domestic producer has suffered, or may suffer, injury as a result of imports occurring or that might occur under the tariff preferences referred to in paragraph 89(a), the Tribunal shall commence an inquiry into the complaint.

Notice of Expiration

91 If a temporary safeguard measure that has been implemented by the Government of Canada to prevent or remedy the injury caused to domestic producers by imports under the tariff preferences referred to in paragraph 89(a) is scheduled to expire, the Secretary shall, in order for the Tribunal to receive and review written submissions that may be made by interested parties in relation to the future status of the measure, cause to be published in the Canada Gazette, not later than 10 months before the measure is scheduled to expire, a notice of expiry that sets out the following information:

• (a) the date on which the measure is scheduled to expire;

• (b) the statutory authority for the review of the measure;

• (c) the date on or before which any written submissions must be filed;

• (d) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review of the measure may be obtained; and

• (e) such other information as the Tribunal specifies.

Application of Certain Rules

92 Rules 59, 60 and 85 to 87 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

Notice of Review Under Section 19.02 of the Act

92.1 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, the Secretary shall cause to be published in the Canada Gazette, not later than five months before the review, a notice of mid-term review that sets out the following information:

• (a) the statutory authority for the review of the safeguard measure;

• (b) the date of the mid-point of the safeguard measure to be reviewed;

• (c) the subject-matter of the review;

• (d) the date on or before which a notice of participation or any written submissions must be filed;

• (e) the address of the Tribunal for the filing or service of documents and where information in respect of the review may be obtained; and

• (f) any other information that is relevant to the review that the Tribunal specifies.

Sending of Notice of Mid-term Review

92.2 The Secretary shall send a copy of the notice of mid-term review referred to in rule 92.1 to each interested party.

Disposal of Mid-term Review

92.3 A mid-term review referred to in rule 92.1 shall be decided on the basis of a hearing by way of written submissions unless the Tribunal, on its own initiative or on the written request of a party, decides to proceed by way of a hearing at which the parties or their counsel appear before the Tribunal or by way of an electronic hearing.

Application of Certain Rules

92.4 Rules 59 and 60 apply, with any modifications that the circumstances require, to a review referred to in rule 92.1.

PART XIInquiries into Procurement Complaints by Potential Suppliers

Interpretation

93 In this Part

send

send, in respect of a document, information or a notification, means to transmit by hand, registered mail or electronic transmission; (envoyer)

working day

working day means a day that is not a Saturday or a holiday. (jour ouvrable)

Application

94 This Part applies in respect of inquiries into complaints made by potential suppliers under subsection 30.11(1) of the Act.

Computation of Time

95 In this Part where anything is to be done within eight days or less, any day within that period that is not a working day shall not be counted.

Day of Filing of Complaints

• 96 (1) A complaint shall be considered to have been filed

  • (a) on the day it was received by the Tribunal; or

  • (b) in the case of a complaint that does not comply with subsection 30.11(2) of the Act, on the day that the Tribunal receives the information that corrects the deficiencies in order that the complaint comply with that subsection.

• (2) For the purpose of subrule (1), the day of receipt is the day stamped by the Secretary on the complaint or on the document containing the information that corrects the deficiencies.

Receipt of a Complaint

97 Where the Tribunal receives a complaint, the Secretary shall forthwith send a notification in writing to the complainant of the receipt of the complaint.

Notice of Filing of a Complaint

98 Where the Tribunal determines that a complaint complies with subsection 30.11(2) of the Act, the Secretary shall forthwith send a notification in writing of the filing of the complaint to the complainant, the government institution and any other party that the Tribunal considers to be an interested party.

Deficient Complaint

• 99 (1) Where the Tribunal determines that a complaint does not comply with subsection 30.11(2) of the Act, the Secretary shall forthwith send a notification in writing to the complainant to that effect and which notice specifies the deficiencies to be corrected, the corrective action required and the period determined by the Tribunal within which the corrective action must be taken.

• (2) Where the corrective action referred to in subrule (1) has been taken, and the Tribunal determines that the complaint complies with subsection 30.11(2) of the Act, the Secretary shall forthwith send a notification in writing of the filing of the complaint to the complainant, the government institution and any other party that the Tribunal considers to be an interested party.

Transmission of Complaint

• 100 (1) The Secretary shall send a copy of the complaint to the person designated in the solicitation documentation by the government institution to receive complaints in respect of the procurement.

• (2) Where no person has been designated in the solicitation documentation to receive complaints, the Secretary shall send the documents referred to in subrule (1)

  • (a) in the case of a government institution that is a department or ministry of state, to the deputy head; and

  • (b) in any other case, to the chief executive officer of the appropriate body.

Notification of Inquiry

101 The notice of inquiry under subsection 30.13(2) of the Act shall be sent without delay in writing to the parties mentioned in that subsection, and the Secretary shall without delay cause the notice to be published in the Canada Gazette.

Exchange of Information

• 102 (1) Where a designated contract that is the subject of a complaint has been awarded, the government institution shall forthwith, upon receipt of the complaint, send a notification in writing to the Tribunal that states

  • (a) the name and address of the contractor to whom the designated contract was awarded; and

  • (b) if known by the government institution, the name of a representative of the contractor.

• (2) The Secretary shall forthwith send a copy of the complaint to the contractor referred to in subrule (1).

• (3) Subject to Rule 16, the Secretary shall forthwith send a copy of every document that the Tribunal has received from the contractor referred to in subrule (1) to the government institution, the complainant and all interveners.

Government Institution Report

• 103 (1) Subject to subrule 107(5), a government institution shall file a report with the Tribunal not later than 25 days after it has received the documents referred to in Rule 100.

• (2) A report referred to in subrule (1) shall contain a copy of the following:

  • (a) the complaint;

  • (b) the solicitation, including the specifications or portions thereof relevant to the complaint;

  • (c) all other documents relevant to the complaint;

  • (d) a statement that sets out all findings, actions and recommendations of the government institution and responds fully to all allegations of the complaint; and

  • (e) any additional evidence or information that may be necessary in order to resolve the complaint.

• (3) The Secretary shall, forthwith after receiving a report referred to in subrule (1),

  • (a) send to the complainant a copy of the statement referred to in paragraph (2)(d) and of the documents referred to in paragraph (2)(c), except any documents that the complainant is not otherwise authorized by law to receive; and

  • (b) make available to all interveners a copy of the material referred to in paragraph (a).

• (4) The government institution may, within the time limit set out in subrule (1), make a written request to the Tribunal for an extension of that time limit and shall set out in the application the reasons for the extension.

• (5) The Tribunal shall determine, in writing, whether the specific circumstances of the complaint warrant an extension of the time limit for the submission of the report and, where appropriate, may set a new date for the submission of the report.

Filing Comments on the Government Institution Report

• 104 (1) Subject to subrule 107(5), the complainant shall, within seven days after the day on which the Tribunal sends a copy of the statement to the complainant under subrule 103(3), file with the Tribunal comments on the statement or make a written request to have the case decided on the basis of the existing record.

• (2) The Tribunal shall, forthwith after receiving the comments referred to in subrule (1), send a copy thereof to the government institution and all interveners.

• (3) The Tribunal may extend the time limit for the filing of comments under subrule (1) if the complainant makes a written request for the extension within the time limit referred to in that subrule and the specific circumstances of the complaint warrant the extension.

Hearing of Complaints

• 105 (1) The Tribunal may, in respect of the merits of a complaint, and on the written request of a party or on the Tribunal’s own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear before the Tribunal.

• (2) The request for a hearing shall be submitted as soon as possible during the course of the proceedings on the complaint.

• (3) A hearing shall be held on a date and at a time and place set by the Tribunal and the Secretary shall send notice thereof to all parties.

• (4) The date referred to in subrule (3) shall be not earlier than seven days after the report of the government institution is filed with the Tribunal.

• (5) The complainant, the government institution and all interveners may file comments with the Tribunal in respect of the complaint at the hearing.

• (6) The Tribunal may direct that a hearing be held if at any time during the proceeding it decides that a hearing is needed to clarify material issues.

106 [Repealed, SOR/2000-139, s. 60]

Express Option

• 107 (1) When the complainant, the government institution or an intervener requests an expeditious determination of a complaint, the Tribunal shall consider the feasibility of using the express option procedure set out in subrule (5).

• (2) The Tribunal may apply the express option in the case of any complaint that is suitable for resolution within 45 days.

• (3) A request for the express option shall be made in writing and submitted to the Secretary not later than three days after a notice of inquiry is given under subsection 30.12(3) of the Act.

• (4) The Tribunal shall determine whether or not to apply the express option within two days after receiving a request for it and shall notify the complainant, the government institution and all of the interveners of its determination.

• (5) Where the express option is applied, the time limits set out in this Part for filing documents shall not apply and the following procedure shall be followed:

  • (a) the government institution shall, within 10 days after the day on which it is notified by the Tribunal that the express option is to be applied, file with the Tribunal a report on the complaint containing the material referred to in subrule 103(2);

  • (b) the Secretary shall, forthwith after receiving a report referred to in paragraph (a), send to the complainant a copy of the documents referred to in paragraph 103(3)(a) and make a copy of that material available to all interveners;

  • (c) the complainant and an intervener shall, within five days after the day on which the Secretary sends the statement of the government institution referred to in paragraph 103(2)(d) to the complainant pursuant to paragraph (b), file with the Secretary comments on that statement or a request that the case be decided on the existing record;

  • (d) the Secretary shall, forthwith after receiving the comments referred to in paragraph (c), send a copy thereof to the government institution and all interveners; and

  • (e) the Tribunal shall issue a determination on the complaint within 45 days after determining that the express option will be applied.

Service of Documents

108 Where, in any proceedings under this Part a document is required by these Rules to be served, the Secretary shall effect that service.

PART XIIExtension Inquiries Under Section 30.07 of the Act

Application

109 This Part applies in respect of an extension inquiry under section 30.07 of the Act.

Notice of Expiry

110 If the Tribunal is required to publish a notice of expiry under subsection 30.03(1) of the Act in respect of an order referred to in that subsection, the notice shall be published in the Canada Gazette not later than eight months before the expiry date and shall set out

• (a) the date on which the order is scheduled to expire;

• (b) the date on or before which written submissions must be filed by interested parties requesting or opposing an extension inquiry;

• (c) the address of the Tribunal for the filing or service of documents and where information in respect of the extension inquiry may be obtained;

• (d) the number of copies of each written submission that must be filed;

• (e) instructions in respect of the filing of confidential information; and

• (f) any other relevant information that the Tribunal may require.

Request for Extension

111 A request for an extension inquiry filed with the Tribunal shall be signed by the requester or by their counsel, if any, and, in addition to providing the information required by section 30.05 of the Act, shall be accompanied by the following information:

• (a) the name, address and telephone and fax numbers, if any, of the requester or their counsel;

• (b) the name and description of the imported goods and the like or directly competitive goods;

• (c) the names of the domestic producers on whose behalf the request is being made and the proportion of total domestic production of like or directly competitive goods that is produced by them;

• (d) any information that is necessary to address the matters raised in subsection 4(1) and section 6 or 7 of the Canadian International Trade Tribunal Regulations and subsection 30.03(2) of the Act, as the case may be; and

• (e) a statement indicating why the order that is the subject of the extension inquiry continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

112 If a notice is provided under subsection 30.06(3) of the Act, the Tribunal shall give the other interested parties referred to in that subsection an opportunity to make representations to the Tribunal concerning the request referred to in rule 111.

113 If the Tribunal commences an extension inquiry, the notice published under subsection 30.07(2) of the Act shall set out the following information:

• (a) the statutory authority for the extension inquiry;

• (b) the subject-matter of the extension inquiry, together with any other relevant details of the extension inquiry that the Tribunal directs;

• (c) the date on or before which an interested party must file a notice of participation;

• (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2);

• (e) the date on or before which written submissions must be filed;

• (f) the number of copies of each written submission that must be filed;

• (g) instructions with respect to the filing of confidential information;

• (h) the address of the Tribunal to which written submissions or correspondence may be sent or delivered and at which information in respect of the extension inquiry may be obtained;

• (i) the place and time fixed for the commencement of a hearing in the extension inquiry; and

• (j) any other information that is relevant to the extension inquiry that the Tribunal specifies.

Application of Certain Rules

114 Rules 59 and 60 apply, with any modifications that the circumstances require, in respect of an extension inquiry conducted by the Tribunal under this Part.