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 IRules of General Application (continued)

Computation of Time

 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

  •  (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.

  • SOR/2000-139, s. 4

Counsel of Record

  •  (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

  •  (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.

  • SOR/93-601, s. 2
  • SOR/2000-139, s. 5
  • SOR/2018-87, s. 3

Statement Under Oath

  •  (1) If a statement made under oath or affirmation is filed by electronic transmission, it must include a handwritten signature and the following statement: “The document that is being submitted by electronic transmission to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.”

  • (2) The party filing the statement must keep the signed document in paper copy until one year after all time limits for appeals expire.

  • (3) On the Tribunal’s request, the party filing the statement must provide the signed document in paper copy for review.

  • SOR/2018-87, s. 4

Official and Other Languages

  •  (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.

  • SOR/2000-139, s. 5

Service of Documents

  •  (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,

      • (i.1) on a general partnership, by leaving a copy of it with one of the partners,

      • (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 President, 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 must be made by sending it to the address for service by hand, mail, registered mail, courier or electronic transmission.

  • (5) A document that is served 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 name of the person to be served;

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

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

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

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

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

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

    • (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.

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

    • (a) if the document is served personally, 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;

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

    • (d) if the document is served by courier, the date of receipt indicated on the courier receipt.

  • (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.

  • SOR/2000-139, s. 6
  • SOR/2018-87, ss. 5, 89
 
Date modified: