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 IIProcedure for Appeals (continued)

Written Submissions and Documentary Evidence

[SOR/2018-87, s. 32(E)]

 The Tribunal may, at any time, direct a party to file with the Tribunal any written submissions, documents or evidence relating to an appeal.

  • SOR/2000-139, s. 23

 [Repealed, SOR/2018-87, s. 33]

Time for Hearing

 Where an appeal is to be disposed of by means of a hearing, the Tribunal shall fix a date for the hearing of the appeal.

Notice of Hearing

 When the Tribunal has fixed the date for a hearing, it must notify all parties to the appeal and their counsel.

  • SOR/2000-139, s. 24
  • SOR/2018-87, s. 34

 [Repealed, SOR/2018-87, s. 34]

Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act

 An intervention referred to in subsection 81.33(9) of the Excise Tax Act may be made by filing with the Tribunal a request to intervene.

  • SOR/2000-139, s. 24
  • SOR/2018-87, s. 35

Contents of a Request To Intervene

[SOR/2018-87, s. 36]

 A request to intervene must

  • (a) include the nature of the interest of the person who wishes to be added as an intervener and the manner in which it may be affected;

  • (b) set out a summary of the representations that would be made by the person and why their interest would not otherwise be adequately represented;

  • (c) include the manner in which the person may assist the Tribunal in the resolution of the appeal; and

  • (d) include any other relevant matters.

  • SOR/2000-139, s. 24
  • SOR/2018-87, s. 37

Intervener Added

  •  (1) If a person files a request to intervene

    • (a) the Tribunal must serve a copy of the request to intervene on every person who is a party to the appeal when the notice is filed; and

    • (b) the parties to the appeal may make representations in respect of the notice.

  • (2) The Tribunal must determine whether to add the person as an intervener on the basis of the information provided by that person under rule 40.1 or any other consideration that the Tribunal considers relevant.

  • (3) If the Tribunal determines that the person is to be added as an intervener, the Tribunal must so notify the other parties to the appeal.

  • (4) An intervener is entitled to receive from the Tribunal copies of all of the documents, other than documents which contain confidential information, that were filed by each party to the appeal prior to their being added as an intervener and, subject to rule 16, the counsel or expert for the intervener is entitled to have access to documents which contain confidential information.

  • (5) Subject to rule 17, each party to the appeal must serve on the intervener copies of all of the documents served by that party on the other parties to the appeal on or after the day they are added as an intervener.

  • (6) The Tribunal may limit an intervener’s submission to any matter that may assist the Tribunal in the resolution of the appeal.

  • SOR/2000-139, s. 25
  • SOR/2018-87, s. 38

 [Repealed, SOR/2018-87, s. 38]

 [Repealed, SOR/2018-87, s. 38]

Discontinuance

 A party who instituted an appeal may, on or before the day fixed for the commencement of the hearing of the appeal, discontinue the appeal by filing a notice with the Tribunal and by serving without delay a copy of it on the other parties to the appeal.

  • SOR/2000-139, s. 27
  • SOR/2018-87, s. 39

 [Repealed, SOR/2018-87, s. 39]

Failure to Appear

 Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or give such other direction as is just.

 [Repealed, SOR/2018-87, s. 40]

PART IIIReferences Under Subsection 33(2) of the Special Import Measures Act

Application

 This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act.

  • SOR/2000-139, s. 28

Notice of Reference

 A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal.

Sending of Notice to the President

[SOR/2018-87, s. 89]

 If a reference is made by a person other than the President, the Tribunal must without delay give to the President written notice of the reference.

  • SOR/2000-139, s. 29
  • SOR/2018-87, s. 41

Information to be Filed by the President

[SOR/2018-87, s. 89]

 Where a reference is made in relation to any matter before the President, the President shall file with the Tribunal

  • (a) any written complaint made to the President under subsection 31(1) of the Special Import Measures Act in relation to that matter;

  • (b) all information and material relating to that matter that was in the possession of the President when the President made the decision or reached the conclusion as a result of which the question was referred to the Tribunal; and

  • (c) a list of the names and addresses of all persons and governments that, pursuant to that Act, were given notice of the decision or conclusion of the President as a result of which the question was referred to the Tribunal.

  • SOR/2000-139, s. 29
  • SOR/2018-87, ss. 42(E), 89

Advice

  •  (1) The Tribunal shall render its advice on a reference in writing and give reasons for its advice.

  • (2) When the Tribunal has rendered its advice, it must without delay send a copy of the advice to the President and to every person and government named in the list referred to in paragraph 51(c).

  • (3) If the Tribunal terminates proceedings under paragraph 35.1(1)(c) of the Special Import Measures Act, the Tribunal must without delay give notice of the termination to the President and to every person and government named in the list referred to in paragraph 51(c) and in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act.

  • SOR/97-325, s. 1
  • SOR/2000-139, s. 30
  • SOR/2018-87, s. 43

PART III.1Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act

Application

 This Part applies to a preliminary injury inquiry conducted by the Tribunal under subsection 34(2) of the Special Import Measures Act as a consequence of the receipt of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods.

  • SOR/2000-139, s. 31
  • SOR/2018-87, s. 44

Notice of Commencement of Preliminary Inquiry

 If a notice of initiation of an investigation of dumping or subsidizing is filed with the Tribunal, it must without delay cause to be published in the Canada Gazette a notice of commencement of a preliminary inquiry that sets out the following information:

  • (a) the statutory authority for the inquiry;

  • (b) the subject-matter of the inquiry;

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

  • (d) the date on or before which counsel for an interested party 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 address to which written submissions or correspondence may be sent or delivered and at which information in respect of the preliminary inquiry may be obtained; and

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

  • SOR/2000-139, s. 31
  • SOR/2018-87, ss. 45, 91

Sending of a Notice of Commencement of Preliminary Inquiry

 The Tribunal shall send a copy of a notice of commencement of preliminary inquiry referred to in rule 52.2 to

  • (a) the President;

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

  • (c) the government of any country from which goods in respect of which the initiation of a dumping or subsidizing investigation was made were exported to Canada.

  • SOR/2000-139, s. 31
  • SOR/2018-87, ss. 89, 90, 92(F)
 
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