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

Regulations are current to 2019-08-28 and last amended on 2018-04-26. Previous Versions

PART IRules of General Application (continued)

Communication of Information

[SOR/2000-139, s. 15(F); SOR/2002-402, s. 1(F)]

 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.

  • SOR/2018-87, s. 25

Decisions, Orders or Findings of the Tribunal

  •  (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.

  • SOR/2000-139, s. 16
  • SOR/2018-87, s. 26

Failure to Comply

 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.

  • SOR/2000-139, s. 17

PART IIProcedure for Appeals

Application

 This Part applies to proceedings in respect of

  • SOR/2000-139, s. 18
  • SOR/2018-87, ss. 27, 89

Commencement of Appeal

  •  (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal

  • (2) The notice of appeal shall be accompanied by a copy of the assessment, reassessment, rejection, decision, determination or re-determination, as the case may be, from which the appeal is launched.

  • (3) If the notice of appeal is filed by mail, the date of filing is the earliest postal date appearing on the envelope containing the document, and, in the absence of a proof of mailing, the date of filing is the date on which the document is received by the Tribunal, as evidenced by the date stamped on it.

  • SOR/2000-139, s. 19
  • SOR/2018-87, s. 28

Sending of Acknowledgement of Receipt and Notice of Appeal

 Except in the case referred to in section 81.25 of the Excise Tax Act, the Tribunal must, without delay after the filing of a notice of appeal, send an acknowledgement of receipt of the notice to the appellant and a copy of the notice to the respondent.

  • SOR/2018-87, s. 29

 [Repealed, SOR/2018-87, s. 29]

Brief

  •  (1) The appellant must, within 60 days after receipt of an acknowledgement referred to in section 32,

    • (a) file with the Tribunal a brief prepared in accordance with subrules (2) and (3); and

    • (b) subject to rule 17, serve a copy of the brief without delay on the other parties, and send to the Tribunal a confirmation that the service has been effected.

  • (2) A brief referred to in subrule (1) shall

    • (a) be dated and signed by the appellant or by the appellant’s counsel, if any;

    • (b) be numbered on each page;

    • (c) be divided into paragraphs that are numbered consecutively and that set out

      • (i) a statement of the grounds for appeal and of the material facts relevant to each ground,

      • (ii) a description of the goods in issue,

      • (iii) a statement of points in issue between the parties,

      • (iv) the statutory provisions relied on,

      • (v) the history of the proceeding before the filing of the notice of appeal,

      • (vi) the Tribunal’s jurisdiction to hear the appeal,

      • (vii) a brief statement of argument to be made at the hearing, and

      • (viii) the nature of the decision, order, finding or declaration sought;

    • (d) include a table of authorities on which the appellant intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal or as otherwise directed by the Tribunal;

    • (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

    • (f) contain the name, address for service, telephone number and email address of the appellant and of the appellant’s counsel, if any.

  • (3) An appellant who intends to rely at the hearing

    • (a) on any documents or authorities that were not available or that could not be included in a brief filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;

    • (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and

    • (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.

  • SOR/2000-139, s. 21
  • SOR/2018-87, s. 30

Response

  •  (1) The respondent must, within 60 days after the service of the appellant’s brief under rule 34, file a response with the Tribunal and, subject to rule 17, serve a copy of it on the other parties.

  • (2) A response referred to in subrule (1) shall

    • (a) be dated and signed by the respondent or the respondent’s counsel, if any;

    • (b) be numbered on each page;

    • (c) be divided into paragraphs that are numbered consecutively and that set out

      • (i) a statement of the grounds of opposition to the appeal and of the material facts relevant to each ground,

      • (ii) an admission or denial of each ground and of each of the material facts relevant to each ground set out in the appellant’s brief,

      • (iii) the issues to be decided,

      • (iv) the statutory provisions relied on,

      • (v) the history of the proceeding before the filing of the notice of appeal,

      • (vi) the Tribunal’s jurisdiction to hear the appeal,

      • (vii) a brief statement of argument to be made at the hearing, and

      • (viii) the relief sought;

    • (d) include a table of authorities on which the respondent intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

    • (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

    • (f) contain the name, address for service, telephone number and email address of the respondent and of the respondent’s counsel, if any.

  • (3) A respondent who intends to rely at the hearing

    • (a) on any documents or authorities that were not available or that could not be included in a response filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;

    • (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and

    • (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.

  • SOR/2000-139, s. 22
  • SOR/2018-87, s. 31
 
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