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

Comments on Government Institution Report

104 Subject to subrule 107(5), the complainant must, within seven days after receipt of a copy of the report referred to in subrule 103(1), file with the Tribunal any comments on the report or make a written request to have the case decided on the basis of the existing record.

Extension of Time Limits

• 104.1 (1) A party to a complaint may make a written request to the Tribunal for an extension of a time limit set out in this Part. The party must set out in the request the reasons for the extension and notify all other parties of the request.

• (2) The Tribunal must determine, in writing, whether the circumstances of the complaint warrant granting the extension and, if appropriate, must fix a new time limit.

• (3) If the Tribunal, on its own initiative, considers that the circumstances of a complaint warrant the extension of a time limit set out in this Part, the Tribunal must fix a new limit in writing.

Hearing of Complaints

• 105 (1) The Tribunal may, in respect of the merits of a complaint or any matter that is relevant to the consideration of the complaint and on the written request of a party or on its own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear in person before the Tribunal.

• (2) A request for a hearing must be submitted as soon as possible during the course of the proceeding.

• (3) The Tribunal must set a date, time and place for the hearing and notify the parties of them.

• (4) The Tribunal must give notice to the parties of the subject-matter of the hearing.

106 [Repealed, SOR/2000-139, s. 60]

Express Option

• 107 (1) If the complainant or the government institution requests an expeditious determination of a complaint, the Tribunal must 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 must be made in writing and submitted to the Tribunal without delay.

• (4) The Tribunal must determine whether or not to apply the express option and must notify the complainant, the government institution and any interveners of the 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 must, within 10 working 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 documents referred to in subrule 103(1);

  • (b) the complainant must, within five days after receipt of a copy of the report, file with the Tribunal comments on the report or make a written request to have the case to be decided on the basis of the existing record;

  • (c) and (d) [Repealed, SOR/2018-87, s. 86]

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

108 [Repealed, SOR/2018-87, s. 87]

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 other 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);

• (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 the Tribunal considers relevant to the extension inquiry.

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.