Canadian International Trade Tribunal Rules (SOR/91-499)

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Agency[Repealed, SOR/2018-87, s. 1]

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Commissioner[Repealed, SOR/2018-87, s. 1]

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Deputy Minister[Repealed, SOR/2000-139, s. 1]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 means a submission, affidavit or any other documentary material, regardless of physical form or medium, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any copy, in whole or in part, of that material; (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, by email or by means of the Tribunal website (e-filing); (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fax[Repealed, SOR/2000-139, s. 1]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Form[Repealed, SOR/2000-139, s. 1]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,

• (d.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods or an association that includes such trade unions; 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) has filed a request to intervene and has been added as an intervener under rule 41, or

• (b) 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)

request to intervene

request to intervene includes an appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act; (demande d’intervention)

respondent

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

Secretary

Secretary[Repealed, SOR/2018-87, s. 1]

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 If a question of procedure arises that is not covered or not fully covered in these Rules, the question must be disposed of in a manner that the Tribunal directs and that is consistent with any of these Rules that are applicable and that considerations of procedural fairness permit.

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) The parties must file their documents by electronic transmission.

• (1.1) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing.

• (1.2) Documents filed by electronic transmission shall constitute the original.

• (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 fax must be accompanied by a cover page setting out

  • (a) the sender’s name, postal and email addresses, and telephone and fax numbers ;

  • (b) the total number of pages transmitted, including the cover page;

  • (c) the title or description of the document transmitted; and

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

• (4) A document that is filed by email must be accompanied by an electronic message setting out

  • (a) the sender’s name, telephone number, postal and email addresses;

  • (b) the title or description of the document transmitted; and

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

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

  • (a) if 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 it.