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 XReferences Under Section 19 and Reviews Under Section 19.02 of the Act (continued)

Application of Certain Rules

 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.

  • SOR/2000-139, s. 51

Notice of Review Under Section 19.02 of the Act

 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, it must cause to be published in the Canada Gazette, not later than five months before the review, a notice of 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 the Tribunal considers relevant to the review.

  • SOR/2000-139, s. 51
  • SOR/2018-87, s. 80

Sending of Notice of Mid-term Review

 The Tribunal must send a copy of the notice of mid-term review referred to in rule 92.1 to other interested parties.

  • SOR/2000-139, s. 51
  • SOR/2018-87, s. 81

Disposal of Mid-term Review

 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.

  • SOR/2000-139, s. 51

Application of Certain Rules

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

  • SOR/2000-139, s. 51

PART XIInquiries into Procurement Complaints by Potential Suppliers

Definition

 In this Part working day means a day that is not a Saturday or a holiday.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 52
  • SOR/2018-87, s. 82

Application

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

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 53(E)
  • SOR/2018-87, s. 83

Computation of Time

 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.

  • SOR/93-601, s. 3

Day of Filing of Complaints

  •  (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 on the complaint or on the document containing the information that corrects the deficiencies.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 54
  • SOR/2018-87, s. 84

 [Repealed, SOR/2018-87, s. 85]

 [Repealed, SOR/2018-87, s. 85]

 [Repealed, SOR/2018-87, s. 85]

Sending of Complaint

 If the Tribunal decides to conduct an inquiry under subsection 30.13(1) of the Act, it must, without delay send a copy of the complaint to the government institution.

  • SOR/93-601, s. 3
  • SOR/2018-87, s. 85

Notice of Decision Not To Inquire

 If the Tribunal decides not to conduct an inquiry for reasons other than those set out in subsection 30.13(5) of the Act, it must without delay notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 55
  • SOR/2002-402, s. 8(F)
  • SOR/2006-161, s. 6
  • SOR/2018-87, s. 85

Exchange of Information

 If a designated contract that is the subject of a complaint has been awarded, the following rules apply:

  • (a) the government institution must, without delay upon being notified of the complaint, file with the Tribunal in writing

    • (i) the name and postal and email addresses of the contractor to whom the designated contract was awarded, and

    • (ii) if known by the government institution, the name of a representative of the contractor; and

  • (b) the Tribunal must, without delay after receipt of the information, send the contractor a copy of all the information provided to the Tribunal as part of the complaint that has not been designated as confidential under section 46 of the Act.

  • SOR/93-601, s. 3
  • SOR/2018-87, s. 85

Government Institution Report

  •  (1) Subject to subrule 107(5), the government institution must, not later than 25 days after the first working day following the receipt of a copy of the complaint referred to in rule 100, file with the Tribunal a report containing a copy of

    • (a) the solicitation, including the specifications or portions of it that are relevant to the complaint;

    • (b) all other documents that are relevant to the complaint;

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

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

  • (2) A copy of the complaint is considered to be received by a government institution only when the government institution is in receipt of all of the documents contained in the complaint, including all documents that contain confidential information.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 56
  • SOR/2018-87, s. 85

Comments on Government Institution Report

 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.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 57
  • SOR/2018-87, s. 85

Extension of Time Limits

  •  (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.

  • SOR/2018-87, s. 85

Hearing of Complaints

[SOR/2000-139, s. 58]
  •  (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.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 59
  • SOR/2018-87, s. 85

 [Repealed, SOR/2000-139, s. 60]

Express Option

  •  (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.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 61
  • SOR/2018-87, s. 86
 
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