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

Request for Information

• 61.1 (1) In this rule, a request for information includes a request for the production of a document.

• (2) A party may direct a request for information to any other party.

• (3) A party that makes a request for information shall file the request with the Tribunal and serve it on the other parties within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct.

• (4) A request for information shall

  • (a) be in writing;

  • (b) set out the name of the party to whom it is addressed;

  • (c) number each request for information consecutively;

  • (d) explain how the request is relevant or necessary to the proceeding; and

  • (e) be dated.

• (5) If the party to whom the request is addressed refuses to give some or all of the information requested, that party must, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

  • (a) if the party contends that some or all of the information requested is not relevant or necessary, give reasons in support of that contention;

  • (b) if the party contends that some or all of the information requested is not available, give reasons for its unavailability and provide any other available information or documents that are of the same nature and to the same effect as the requested information; and

  • (c) if the party makes any other contention, including a contention based on criteria referred to in paragraphs (7)(c) to (f), give reasons in support of that contention.

• (6) The Tribunal may, on its own initiative or on the request of a party, refuse the request or grant all or part of it on the basis of criteria set out in subrule (7).

• (7) For the purpose of subrule (6), the Tribunal shall take the following criteria into account:

  • (a) the relevance and necessity of the information requested;

  • (b) any contentions referred to in subrule (5);

  • (c) the sufficiency of the information already on the record;

  • (d) the availability of the information from other sources;

  • (e) the ability or inability of the party to respond; and

  • (f) any other matter relevant to the request.

• (8) If the Tribunal orders the party to whom the request is addressed to provide some or all of the information requested, the party shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

  • (a) serve on the other party

    • (i) a full and adequate response, in writing, for each question in the request,

    • (ii) a signed declaration that the responses are complete and correct to the best of the information and belief of the party providing the response, and

    • (iii) the information requested, or copies of it; and

  • (b) file with the Tribunal copies of the responses and information in the number that it indicates are necessary for it and the interested parties.

• (9) A party to whom a request for information is directed complies with the order of the Tribunal if the party indicates to the other party which of its records contain the relevant information and

  • (a) the party specifies in sufficient detail where the information may be found;

  • (b) the burden of obtaining the information is substantially the same for either party; and

  • (c) the party directing the request is given a reasonable opportunity to examine the records and make copies or summaries of them.

• (10) If a party files a response or documents that contain confidential information, the party who provides the confidential information shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, file a non-confidential edited version or a non-confidential summary of the response in accordance with paragraph 46(1)(b) of the Act.

• (11) If a party to whom a request for information is directed does not comply with this rule, the party who directed the request for information may request the Tribunal to order compliance.

Notice of Matters Arising

• 61.2 (1) A party who wishes to have supplementary information relating to submissions, evidence and responses to requests for information that are filed with the Tribunal by another party shall serve a notice on all of the parties before the start of a hearing, within the period that the Tribunal may direct, to have the other party answer questions or provide documents or other information at the hearing concerning the matters arising from the material filed.

• (2) A party who makes a request shall file the notice with the Tribunal.

• (3) The notice shall

  • (a) be in writing;

  • (b) identify the party who will be required to answer questions or bring specified documents or information;

  • (c) number each matter consecutively;

  • (d) specify the information or documents requested, with an explanation of how they are relevant or necessary to the proceeding; and

  • (e) be dated.

• (4) The Tribunal shall notify the parties in writing on which matters they must be prepared to answer questions at the hearing and specify which documents, if any, that they must be prepared to bring with them to the hearing.

Information To Be Filed by Tribunal — Advice Under Section 46 of Special Import Measures Act

62 If the Tribunal advises the President under section 46 of the Special Import Measures Act, it must cause to be filed with the President, in addition to the written notice referred to in that section, a copy of the information relied on in giving its advice.

63 [Repealed, SOR/2000-139, s. 33]

PART VRecommencement of Inquiry Under Section 44 of the Special Import Measures Act

Application

64 This Part applies to the recommencement of an inquiry made by the Tribunal under paragraph 44(1)(a) or (b) of the Special Import Measures Act where, pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of the Special Import Measures Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods.

Notice of Recommencement of Inquiry

65 Where an inquiry is recommenced pursuant to subsection 44(1) of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of recommencement of inquiry setting out, with such modifications as the circumstances require, the same information as is referred to in paragraphs 54(a) to (k).

Sending of Notice

66 The Tribunal shall forthwith send a copy of the notice of recommencement of inquiry referred to in rule 65 to the persons referred to in paragraph 44(2)(a) of the Special Import Measures Act.

Written Submission

67 Where an order or finding of the Tribunal is set aside or is set aside in relation to particular goods pursuant to an application for judicial review under the Federal Courts Act or an application under section 96.1 of the Special Import Measures Act but the matter is not referred back to the Tribunal for determination, any person interested in making any written submission on the question of whether the Tribunal should recommence the inquiry in accordance with paragraph 44(1)(b) of the Special Import Measures Act shall file a submission within 21 days after the final disposition of the application.

Application of Part IV

68 Subject to any direction or order of the Tribunal, Part IV applies, with such modifications as the circumstances require, to a recommencement of an inquiry.

PART V.1Public Interest Inquiry Under Section 45 of the Special Import Measures Act

Notice of Commencement of Inquiry

• 68.1 (1) If a public interest inquiry is initiated arising out of a finding of injury as a result of an inquiry referred to in section 42 of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

  • (a) the statutory authority for the inquiry;

  • (b) the subject-matter of the inquiry, together with any other relevant details of the inquiry;

  • (c) the date on or before which an interested party or interested person must file a notice of participation;

  • (d) the date on or before which counsel for an interested party or interested person, if any, must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

  • (e) the date on or before which any written submissions must be filed;

  • (f) the number of copies of each written submission that must be filed;

  • (g) instructions with respect to the filing of confidential information;

  • (h) the date, place and time fixed for the commencement of a hearing in the inquiry; and

  • (i) any other information that the Tribunal considers relevant to the inquiry.

• (2) The Tribunal shall send a copy of a notice of commencement of inquiry referred to in subrule (1) to

  • (a) the President;

  • (b) all of the persons known by the Tribunal to be interested parties or interested persons; and

  • (c) the government of any country from which goods in respect of which the final determination was made were exported to Canada.

Information to be Provided by the Tribunal

68.2 The Tribunal shall, forthwith after the expiry of the date on or before which interested parties or interested persons are required to file a notice of participation or counsel for them is required to file a notice of representation, provide each counsel and, where an interested party or interested person is not represented by counsel, that interested party or interested person, with the following information:

• (a) the names and addresses of all parties and interested persons to the inquiry and their counsel, if any; and

• (b) the procedure for the filing of documents.

Written Submissions and Documentary Evidence

68.3 The Tribunal may at any time direct any party or interested person to a public interest inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material:

• (a) written submissions, documents or evidence relating to the inquiry;

• (b) a statement of the evidence adduced or to be adduced by the party or interested person; and

• (c) a description of any exhibit in other than documentary form that the party or interested person intends to adduce at the inquiry.

Additional Information to be Provided by Parties or Interested Persons

68.4 The Tribunal may at any time direct a party or interested person to a public interest inquiry to produce any additional information that relates to any factors or that it considers relevant to the inquiry.

PART V.2Anti-Circumvention Investigations

68.5 If the President makes a finding that there is circumvention under subsection 75.1(1) of the Special Import Measures Act, the decision filed with the Tribunal must be accompanied by the record of the decision and the statement of essential facts on which the determination was based.

PART VIReviews Under Sections 76.01, 76.02, 76.03 and 76.1 of the Special Import Measures Act

Application

69 This Part applies in respect of a review of an order or finding by the Tribunal

• (a) under subsection 76.01(1), 76.02(1) or 76.03(3) of the Special Import Measures Act, whether on the Tribunal’s own initiative or at the request of the President or any other person or of any government;

• (b) under subsection 76.02(3) of that Act, if the order or finding is referred back to the Tribunal under an order made by a panel under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4) of that Act; or

• (c) under subsection 76.1(2) of that Act.