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

Regulations are current to 2019-06-20 and last amended on 2018-04-26. Previous Versions

PART IXReferences Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act (continued)

[SOR/93-599, s. 3; SOR/97-67, s. 2; SOR/97-325, s. 3; SOR/2018-87, s. 73]

Notice of Inquiry

 If under section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act, a matter is referred to the Tribunal for inquiry and report, the Tribunal must 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;

  • (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 Tribunal 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);

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

  • SOR/93-599, s. 5
  • SOR/97-67, s. 4
  • SOR/97-325, s. 5
  • SOR/2000-139, s. 46
  • SOR/2018-87, ss. 75, 90, 91

Sending of Notice

 The Tribunal 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; and

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

  • (e) [Repealed, SOR/2018-87, s. 76]

  • SOR/2000-139, s. 47
  • SOR/2018-87, ss. 76, 90, 92(F)

Hearing to be Held

  •  (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) If, under subrule (1), the Tribunal directs that a hearing be held, it must cause to be published in the Canada Gazette a notice setting out that it has so directed.

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

  • SOR/2018-87, s. 77

Application of Certain Rules

 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.

  • SOR/2000-139, s. 48

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

Application

 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.

  • SOR/98-39, s. 2
  • SOR/2000-139, s. 48

Complaints by Producers

  •  (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; and

    • (b) [Repealed, SOR/2018-87, s. 78]

    • (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.

  • SOR/2000-139, s. 49
  • SOR/2018-87, s. 78

Notice of Expiration

 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 Tribunal must, in order for it 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) any other information that is relevant to the measure.

  • SOR/2000-139, s. 50
  • SOR/2018-87, s. 79
 
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