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

Questionnaires and Requests for Information

• 20.1 (1) At any time in a proceeding, in order to obtain information, the Tribunal may order that a party or a non-party fill out a questionnaire or respond to a request for information.

• (2) The party or the non-party may file with the Tribunal, within three working days after the issuance of the order, a letter explaining why an order should not have been issued or why the requested information cannot reasonably be provided.

• (3) If a letter is filed under subrule (2), the matter must be disposed of in accordance with any instructions that the Tribunal may give.

Witnesses

• 21 (1) Subject to section 34 of the Act and unless these Rules provide otherwise, witnesses at a hearing shall be examined orally on oath or affirmation and the examination may consist of direct examination, cross-examination and re-examination.

• (2) and (3) [Repealed, SOR/2000-139, s. 11]

Affidavits

• 21.1 (1) The Tribunal may, on its own initiative or on the request of a party, direct that a person file an affidavit in support of any statement made in a proceeding before the Tribunal.

• (2) Subject to subrule (3), an affidavit must be confined to a statement of facts within the personal knowledge of the person filing it.

• (3) The Tribunal may allow the person to file an affidavit containing a statement of what the person believes to be the facts accompanied by a statement of the grounds by which they are supported.

Experts

• 22 (1) A party who intends to call an expert as a witness at a hearing must, not less than 30 days before the hearing, file with the Tribunal and serve on the other parties a report, signed by the proposed expert, setting out the proposed expert’s name, postal and email addresses, telephone number, qualifications, area of expertise and a summary of their testimony in sufficient detail to convey a reasonable understanding of it.

• (2) A party on whom a report has been served and who wishes to rebut with expert evidence any matter set out in the report must, not less than 20 days before the hearing, file with the Tribunal and serve on the other parties a rebuttal expert report setting out a summary of the rebuttal evidence to be introduced in sufficient detail to convey a reasonable understanding of it.

• (3) The rebuttal expert report must be signed by the author of the report and set out their name, postal and email addresses, telephone number, qualifications, area of expertise and a summary of their testimony in sufficient detail to convey a reasonable understanding of it.

• (4) The Tribunal may, prior to the commencement of a hearing, direct that parties seek to reach an agreement

  • (a) on whether a person has the requisite credentials or qualifications to be considered as an expert; and

  • (b) on the proposed area of expertise of that person.

Hearings

• 23 (1) Subject to subrule (2), all of the hearings at which the parties or their counsel may appear before the Tribunal are public.

• (2) The Tribunal may hold a hearing or any part of one in camera,

  • (a) on its own initiative or on the request of a party, for the purpose of receiving confidential information; or

  • (b) on the request of a party in which the party establishes that the circumstances justify an in camera hearing.

• (3) When the Tribunal holds a hearing or part of one in camera, the hearing or part may be attended only by

  • (a) a person who is to present confidential information and anyone whom the person requests be permitted to attend;

  • (b) counsel for a party or an expert who has been granted access to confidential information under rule 16;

  • (c) employees of the Administrative Tribunals Support Service of Canada who have been directed, at the request of the Tribunal, to attend; and

  • (d) any other person whom the Tribunal authorizes to attend.

• (4) A party who requires oral translation in any given language in order to participate in or have a witness testify at a hearing, other than at a hearing by way of written submissions, must notify the Tribunal in writing of the requirement and of the language of translation, at least 20 days before the hearing.

• (5) The Tribunal may permit a party to provide their own oral translation in order to participate in or have a witness testify at a hearing, other than a hearing by way of written submissions, if the party makes a request in writing at least 20 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances.

Requests for Decision or Order

• 23.1 (1) A party may make a request to the Tribunal for a decision or order on any matter that arises in the course of a proceeding.

• (2) The party who makes the request shall serve a copy of it on the other parties at the same time as it is filed with the Tribunal.

• (3) Before making a determination on the request, the Tribunal must provide an opportunity for the other parties to make representations.

Motions

• 24 (1) The Tribunal must proceed by way of motion if

  • (a) it decides not to proceed by way of written request under rule 23.1; or

  • (b) these Rules so specify.

• (2) A motion must be in writing and set out

  • (a) a clear and concise statement of the facts, which must be accompanied by an affidavit if the Tribunal so directs; and

  • (b) the decision or order sought and the grounds for seeking it.

• (3) A motion given by a party must be filed with the Tribunal and served on the other parties not less than five days before the day fixed for the commencement of the hearing.

• (4) Any party who wishes to answer a motion must file a written answer with the Tribunal and serve a copy of it on the other parties.

• (5) If a party wishes to submit a document in support of a motion or answer, the document must accompany the motion or answer in question and the party must file it with the Tribunal and serve a copy of it on the other parties.

• (6) Unless the Tribunal directs otherwise, a decision or order on a motion must be made in writing.

• (7) Despite subrules (2) to (5), a motion in connection with a matter that has not come to the attention of a party prior to the commencement of a hearing may be made orally at the hearing and must be disposed of in accordance with any procedure that the Tribunal may direct.

Late Filing

• 24.1 (1) A party may file a motion seeking permission for the late filing of a document or physical exhibit.

• (2) The motion is to set out

  • (a) the reasons why the document or the physical exhibit was not filed within the applicable time limit;

  • (b) the relevance of the document or physical exhibit to the proceeding; and

  • (c) the reasons why the late filing should be permitted.

• (3) The Tribunal may in exceptional circumstances and if it determines that it is fair and equitable in the circumstances, permit the document or the physical exhibit to be filed, in whole or in part during a period that the Tribunal fixes.

• (4) The Tribunal must notify the parties of its decision under subrule (3) and the reasons for it.

Type of Hearing

25 Unless otherwise required by these Rules, the Tribunal may decide to proceed by

• (a) way of a hearing at which the parties or their counsel appear in person before the Tribunal;

• (b) way of electronic hearing;

• (c) way of a hearing by way of written submissions; or

• (d) any combination of the ways referred to in paragraphs (a) to (c).

Hearing by Way of Written Submissions

25.1 When the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice to that effect and may

• (a) dispose of the matter on the basis of the written documentation before it;

• (b) require further information to be furnished by any party; and

• (c) invite submissions from any party or any person who may have an interest in the matter.

25.2 [Repealed, SOR/2018-87, s. 23]

Postponements and Adjournments of Hearings

• 26 (1) The Tribunal may, on its own initiative or on the request of a party, postpone or adjourn a hearing, and, in determining whether to grant the request, the Tribunal shall consider, in addition to any other relevant factors, whether a similar issue is being considered before another court whose determination could impact on the matter being heard, whether any prejudice would result if the postponement or adjournment were granted or not granted and whether a postponement or adjournment would unreasonably delay or impede the proceedings.

• (2) A request for a postponement must be made at least 15 days before the hearing and must set out the reasons for the postponement.

• (3) The Tribunal shall notify the parties of its decision under subrule (1).

Communication of Information

27 Any person who wishes to obtain information in respect of the procedure followed by the Tribunal, or to inspect documents, exhibits or other material provided to it, must make a request to the Tribunal.

Decisions, Orders or Findings of the Tribunal

• 28 (1) If the Tribunal makes a decision, declaration, determination, recommendation, order, finding or other ruling in a proceeding, the Tribunal must, without delay after it is made, forward, subject to paragraph 43(2)(a), subparagraphs 76.01(6)(a)(i) and 76.02(5)(a)(i) and subsections 76.03(5) and (6) of the Special Import Measures Act, a copy of it to each party and to each person who was provided with a notice of commencement of the proceeding.

• (2) The Tribunal must, without delay after the making of a decision, declaration, order, finding or other final ruling in a proceeding, cause a notice to that effect to be published in the Canada Gazette.

• (3) If the Tribunal is required by subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of the Special Import Measures Act to send a copy of the order or finding in a proceeding as well as the reasons for making the order or finding to the persons specified in subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of that Act, as the case may be, it must also send a copy to every other person who was provided with a notice of commencement of the proceeding.

Failure to Comply

29 Where a party to a proceeding has not met any requirement of these Rules or complied with any order or direction issued by the Tribunal, the Tribunal may

• (a) stay the proceeding until it is satisfied that the requirement has been met or the order or direction has been complied with;

• (b) decide the matter in issue on the basis of the information on the record; or

• (c) make any order that it considers just and equitable in the circumstances, including a dismissal order.

PART IIProcedure for Appeals

Application

30 This Part applies to proceedings in respect of

• (a) an appeal from an assessment, reassessment, rejection, decision or determination of the Minister of National Revenue or from a decision or re-determination of the President, as the case may be, pursuant to

  • (i) section 67 of the Customs Act,

  • (ii) section 61 of the Special Import Measures Act,

  • (iii) sections 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act, and

  • (iv) [Repealed, SOR/2018-87, s. 27]

  • (v) sections 13 or 63 of the Energy Administration Act; and

• (b) with such modifications as the circumstances require, a re-hearing under subsection 68(2) of the Customs Act or paragraph 62(2)(b) of the Special Import Measures Act and a reference under section 70 of the Customs Act as if they were an appeal.