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 IVInquiries Under Section 42 of the Special Import Measures Act (continued)

Information to be Provided by Parties

 In considering an issue of injury or retardation or threat of injury, the Tribunal may at any time direct a party to an inquiry to produce information that relates to the factors prescribed by section 37.1 of the Special Import Measures Regulations.

  • SOR/2000-139, s. 33

Request for Information

  •  (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.

  • SOR/2000-139, s. 33
  • SOR/2002-402, s. 5(F)
  • SOR/2018-87, s. 53

Notice of Matters Arising

  •  (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.

  • SOR/2000-139, s. 33

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

 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.

  • SOR/2000-139, s. 33
  • SOR/2018-87, s. 54

 [Repealed, SOR/2000-139, s. 33]

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

Application

 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.

  • 2002, c. 8, s. 182

Notice of Recommencement of Inquiry

 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).

  • SOR/2018-87, s. 90

Sending of Notice

 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.

  • SOR/2000-139, s. 34
  • SOR/2018-87, s. 90

Written Submission

 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.

  • 2002, c. 8, s. 182
 
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