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

Short Title

1 These Rules may be cited as the Canadian International Trade Tribunal Rules.

Definitions

2 In these Rules,

Act

Act means the Canadian International Trade Tribunal Act; (Loi)

address

address includes an address for electronic transmission; (adresse)

Agency

Agency[Repealed, SOR/2018-87, s. 1]

appeal

appeal means an appeal referred to in paragraph 30(a); (appel)

appellant

appellant means a person who files a notice of appeal pursuant to rule 31; (appelant)

Commissioner

Commissioner[Repealed, SOR/2018-87, s. 1]

counsel

counsel includes any person who acts in a proceeding on behalf of a party; (avocat)

counsel of record

counsel of record means the counsel of record for a party as determined in accordance with rule 11; (avocat inscrit au dossier)

Deputy Minister

Deputy Minister[Repealed, SOR/2000-139, s. 1]

document

document means a submission, affidavit or any other documentary material, regardless of physical form or medium, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any copy, in whole or in part, of that material; (document)

electronic hearing

electronic hearing means a hearing held by telephone or video conference, or by any other electronic means by which parties can communicate with each other and the Tribunal orally; (audience électronique)

electronic transmission

electronic transmission includes communication by fax, by email or by means of the Tribunal website (e-filing); (transmission électronique)

fax

fax[Repealed, SOR/2000-139, s. 1]

Form

Form[Repealed, SOR/2000-139, s. 1]

hearing by way of written submissions

hearing by way of written submissions means a hearing held by the exchange of documents; (audience sur pièces)

interested party

interested party, in relation to an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, means

• (a) the complainant, if any, under section 31 of that Act in the investigation in which the preliminary determination referred to in section 42 of that Act was made,

• (b) any domestic producer, exporter to Canada or importer into Canada of goods in respect of which the preliminary determination was made,

• (c) an association of, or that includes, domestic producers, exporters to Canada or importers into Canada of goods in respect of which the preliminary determination was made,

• (d) the government of any country mentioned in the preliminary determination,

• (d.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods or an association that includes such trade unions; and

• (e) any other person who, because their rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal before the Tribunal disposes of the inquiry or the review, as the case may be, in accordance with that Act; (partie intéressée)

intervener

intervener means a person who

• (a) has filed a request to intervene and has been added as an intervener under rule 41, or

• (b) is an interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint under section 30.17 of the Act; (intervenant)

other interested party

other interested party has the same meaning as in section 3 of the Canadian International Trade Tribunal Regulations; (autres intéressés)

party

party means

• (a) in the case of an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, an interested party who has filed a notice of participation in the inquiry or review, as the case may be, in accordance with these Rules,

• (b) in the case of a proceeding under section 89 or paragraph 91(1)(g) of the Special Import Measures Act, a person to whom notice has been sent under subrule 76(2) or rule 79, if the person has

  • (i) filed a notice of participation in accordance with these Rules, or

  • (ii) if no hearing is to be held in the proceeding, made a written submission to the Tribunal,

• (c) in the case of an appeal, the appellant, the respondent or an intervener,

• (d) in the case of a complaint under subsection 30.11(1) of the Act, the complainant, the government institution or an intervener, and

• (e) in the case of any other proceeding, a person who has an interest in the subject-matter of the proceeding and who has

  • (i) filed a notice of participation in that proceeding in accordance with these Rules, or

  • (ii) been given status by the Tribunal to be a party in that proceeding; (partie)

proceeding

proceeding includes an appeal, re-hearing, reference, inquiry, recommencement of inquiry, review, request for a ruling, reconsideration of an order or finding, complaint filed by a domestic producer or any other proceeding before the Tribunal under the Act or under any other Act of Parliament or regulations made thereunder; (procédure)

request to intervene

request to intervene includes an appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act; (demande d’intervention)

respondent

respondent means the Minister of National Revenue or the President, as the case may be. (intimé)

Secretary

Secretary[Repealed, SOR/2018-87, s. 1]

Interpretation

3 These Rules shall be liberally construed to secure the fairest, least expensive and most expeditious determination of every proceeding, in accordance with section 35 of the Act.

PART IRules of General Application

Application

4 Except where the context otherwise requires, this Part applies to all proceedings before the Tribunal.

Directions on Procedure

5 If a question of procedure arises that is not covered or not fully covered in these Rules, the question must be disposed of in a manner that the Tribunal directs and that is consistent with any of these Rules that are applicable and that considerations of procedural fairness permit.

Dispensing with or Varying Procedure

6 The Tribunal may dispense with, vary or supplement any of these Rules if it is fair and equitable to do so or to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit.

Combining of Proceedings

6.1 The Tribunal may, on its own initiative or on the written request of a party, combine two or more proceedings to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit.

Defect in Form and Irregularity

7 No proceeding is invalid by reason of a defect in form or a technical irregularity.

Extending or Abridging Time Limits

8 If it is fair and equitable to do so, the Tribunal may extend or abridge the time limits fixed by these Rules or otherwise fixed by the Tribunal, either before or after their expiry.

Computation of Time

9 Unless otherwise provided, the computation of time under these Rules or a direction of the Tribunal is governed by sections 26 to 28 of the Interpretation Act.

Participation

• 10 (1) A person who proposes to participate in a proceeding, other than a proceeding under Part II or Part X, shall file with the Tribunal a notice of participation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be.

• (2) If a person referred to in subrule (1) sets out, in the notice of participation, the name of the counsel by whom they will be represented, the counsel shall file with the Tribunal a notice of representation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be.

Counsel of Record

• 11 (1) A counsel who signs a document filed pursuant to these Rules on behalf of any party shall be the counsel of record for the party commencing on the date of filing and continuing until a change, if any, is made in accordance with subrule (2).

• (2) A party in a proceeding may change the party’s counsel of record by

  • (a) filing with the Tribunal a Notice of Change of counsel of record signed by the new counsel;

  • (b) serving a copy of the Notice on the former counsel and every other party in the proceeding; and

  • (c) filing with the Tribunal proof of service of the Notice.

Filing of Documents

• 12 (1) The parties must file their documents by electronic transmission.

• (1.1) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing.

• (1.2) Documents filed by electronic transmission shall constitute the original.

• (2) A party may make a written request to the Tribunal to file a document as a single copy exhibit.

• (3) A document that is filed by fax must be accompanied by a cover page setting out

  • (a) the sender’s name, postal and email addresses, and telephone and fax numbers ;

  • (b) the total number of pages transmitted, including the cover page;

  • (c) the title or description of the document transmitted; and

  • (d) the name, telephone number and email address of a person to contact if transmission problems occur.

• (4) A document that is filed by email must be accompanied by an electronic message setting out

  • (a) the sender’s name, telephone number, postal and email addresses;

  • (b) the title or description of the document transmitted; and

  • (c) the name, telephone number and email address of a person to contact if transmission problems occur.

• (5) Subject to subrule 31(3) and rule 96, the date of filing of a document is

  • (a) if the document is filed by electronic transmission, the date of transmission; and

  • (b) in any other case, the date on which the document is received by the Tribunal, as evidenced by the date stamped on it.

Statement Under Oath

• 12.01 (1) If a statement made under oath or affirmation is filed by electronic transmission, it must include a handwritten signature and the following statement: “The document that is being submitted by electronic transmission to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.”

• (2) The party filing the statement must keep the signed document in paper copy until one year after all time limits for appeals expire.

• (3) On the Tribunal’s request, the party filing the statement must provide the signed document in paper copy for review.

Official and Other Languages

• 12.1 (1) Subject to subrule (2), all documents filed with the Tribunal must be in English or French.

• (2) A person may file an original document in a language other than English or French if, at the same time, the person also files a translation of it in English or French and an affidavit attesting to the accuracy of the translation. If the document is required to be served, the translation and affidavit must be served at the same time.

Service of Documents

• 13 (1) Subject to rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, the following rules apply to the service of documents:

  • (a) if a document is required to be served personally, the service shall be made

    • (i) on an individual, by leaving a copy of it with the individual,

    • (i.1) on a general partnership, by leaving a copy of it with one of the partners,

    • (ii) on a corporation, by leaving a copy of it with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to manage or be in control of the place of business, and

    • (iii) in any other case, in any manner that the Tribunal determines is just and equitable in the circumstances; and

  • (b) if a document is not required to be served personally, the service shall be made at the address for service of the party.

• (2) [Repealed, SOR/2000-139, s. 6]

• (3) The address for service of a party shall be

  • (a) where there is a counsel of record for a party, the business address of the counsel as shown on the most recent document filed by the counsel that shows the counsel’s address; and

  • (b) where there is no counsel of record

    • (i) in the case of the Minister of National Revenue or the President, the Office of the Deputy Attorney General of Canada in Ottawa, or

    • (ii) in the case of any other party, the address of the party as shown on the most recent document filed by the party that shows the party’s address.

• (4) The service of a document at an address for service must be made by sending it to the address for service by hand, mail, registered mail, courier or electronic transmission.

• (5) A document that is served by fax must be accompanied by a cover page setting out

  • (a) the sender’s name, postal and email addresses and telephone and fax numbers;

  • (b) the name of the person to be served;

  • (c) the total number of pages transmitted, including the cover page;

  • (d) the title or description of the document transmitted; and

  • (e) the name, telephone number and email address of a person to contact if transmission problems occur.

• (5.1) A document that is served by email must be accompanied by an electronic message setting out

  • (a) the sender’s name, telephone number, postal and email addresses;

  • (b) the name of the person to be served;

  • (c) the title or description of the document transmitted; and

  • (d) the name, telephone number and email address of a person to contact if transmission problems occur.

• (6) In the absence of proof to the contrary, the date of service of a document is

  • (a) if the document is served personally, the date of delivery;

  • (b) if the document is served by mail or registered mail, the date that is five days after the earliest postal date appearing on the envelope containing the document;

  • (c) if the document is served by electronic transmission, the date of the transmission; and

  • (d) if the document is served by courier, the date of receipt indicated on the courier receipt.

• (7) If a document is required under these Rules to be served by a party or by direction of the Tribunal, the Tribunal may direct that a proof of service be filed with the Tribunal.

• (8) A proof of service of a document shall be made by showing

  • (a) an acknowledgement of service signed by or on behalf of the person served; or

  • (b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.

Means of Transmission

13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, notifying, servicing or filing may be done by hand, mail, registered mail, courier or electronic transmission.

Certified Copy

13.2 If a document is filed by electronic transmission and a certified copy of the document is requested from the Tribunal, the Tribunal may provide an electronic copy, stamped “certified ”, of the document.

Treatment of Certain Confidential Information

14 Where information designated as confidential pursuant to paragraph 85(1)(a) of the Special Import Measures Act is filed with the Tribunal, the Tribunal shall treat that information as confidential unless the person who provided it agrees in writing that it need not be treated as confidential by the Tribunal.

Submission of Confidential Information

• 15 (1) A document that contains information designated as confidential under section 46 of the Act must be marked “CONFIDENTIAL” in capital letters on each page and the confidential information must be placed between square brackets and highlighted.

• (2) Confidential information must be redacted in the non-confidential edited version of the document marked “CONFIDENTIAL” in capital letters. The version that contains the confidential information and the non-confidential edited version must be in the same format, including page and paragraph numbering and lines per page.

• (3) Except for the purpose of Parts II and X, the filing of the documents referred to in this rule is completed when all of them have been filed and, if they are filed on different dates, the date of filing is the date on which the most recent document is filed.

Disclosure of Information to Counsel or to Expert

• 16 (1) A counsel for a party who wishes to have access to confidential information under subsection 45(3) of the Act must provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the information in the record of a proceeding, as well as in respect of that counsel’s disposal of the information at the close of the proceeding or in the event of a change of counsel.

• (2) [Repealed, SOR/2018-87, s. 9]

• (3) An expert who wishes to have access to confidential information under subsection 45(3) or (3.1) of the Act must provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as in respect of that expert’s disposal of the confidential information at the close of the proceeding or in the event of a change of expert.

• (4) Any party or interested person may request, by way of motion in accordance with rule 24, that the Tribunal not disclose some or all of the confidential information to a counsel or expert.

• (5) The Tribunal must notify the counsel or the expert, as the case may be, of its decision as to whether to disclose the confidential information and on what terms and conditions that disclosure would be made.

Filing and Communication of Confidential Information

• 17 (1) Subject to any other provisions of these Rules, confidential information shall be filed with the Tribunal and may be served only by the Tribunal.

• (2) Despite subrule (1), a counsel for a party to a proceeding who has filed confidential information with the Tribunal may, in accordance with written directions issued by the Tribunal, serve that information on

  • (a) a counsel who is acting on behalf of another party in the same proceeding, who has filed a declaration and undertaking under rule 16 and who has been granted access to that information; or

  • (b) an expert who is acting under the control or direction of a counsel acting on behalf of another party in the same proceeding, who has filed a declaration and undertaking under rule 16 and who has been granted access to that information.

Pre-hearing Conference

• 18 (1) At the time of giving notice of a hearing to be held in any proceeding or at any time after the giving of that notice, the Tribunal may direct that all parties to the proceeding or their counsel appear before the Tribunal or before a member, at a day, time and place fixed by the Tribunal, for a pre-hearing conference for the purpose of making representations, settling questions of procedure or merit before the hearing or receiving guidance from the Tribunal with respect to any of the following matters:

  • (a) the clarification and simplification of issues;

  • (b) the procedure to be followed at the hearing;

  • (c) the mutual exchange between parties to the proceeding of written submissions, exhibits and other material presented or to be presented to the Tribunal;

  • (d) the question of whether any written submission, other document or testimony presented or proposed to be presented to the Tribunal contains confidential information;

  • (d.1) the question of whether a person who is to appear on behalf of a party is acknowledged by the parties to be an expert;

  • (e) the question of the confidential information, if any, to which a person who is to appear on behalf of a party in the capacity of an expert on any matter should be given access; and

  • (f) any other matter that is relevant to the proceeding.

• (2) Counsel for any party to a proceeding may, if notice of a hearing has been given in the proceeding, make a written request to the Tribunal to direct that a pre-hearing conference be held to consider any matter referred in subrule (1).

• (3) On receipt of a request referred to in subrule (2), the Tribunal may direct that a pre-hearing conference be held if it determines that a pre-hearing conference would assist in the orderly conduct of the hearing or in settling questions of merit.

• (4) The Tribunal may conduct the pre-hearing conference in any manner that gives the parties or their counsel a fair opportunity to participate.

• (5) [Repealed, SOR/2000-139, s. 9]

Availability of Information

• 19 (1) The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, make available to each party or the party’s counsel all of the information that has been provided to the Tribunal for the purposes of the proceeding and that has not been designated as confidential.

• (2) The Tribunal must, prior to or at the commencement of a hearing in a proceeding, make all confidential information that has been provided to the Tribunal or issued by it for the purposes of the proceeding available to each counsel and each expert who

  • (a) has filed a declaration and undertaking under rule 16; and

  • (b) has been granted access to the information.

• (3) The Tribunal may make the information referred to in subrule (1) or (2) available to a party or the party’s counsel by transmitting the documents by hand, mail, courier or electronic transmission.

Subpoenas

• 20 (1) The Tribunal may, on its own initiative or at the request of any party, summon before it by subpoena any person to attend a hearing and require that person to give evidence on oath or affirmation and to produce documents or other things.

• (2) The request must set out the name, postal address and telephone number and, if applicable email address of the party making the request and of the person to be subpoenaed.

• (3) A subpoena must be served personally. At the time of service, an amount that is not less than the amount to which the person would have been entitled as fees and allowances, if summoned to attend before the Federal Court, must be paid or tendered to them.

• (4) If a subpoena is served on a person, the original copy of the subpoena must be filed with the Tribunal without delay, together with proof of service on the person.

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.

Commencement of Appeal

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

  • (a) with the President and the Tribunal, in the case of an appeal under the Customs Act or the Special Import Measures Act; or

  • (b) with the Tribunal, in the case of an appeal under the Excise Tax Act or the Energy Administration Act.

• (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.

Sending of Acknowledgement of Receipt and Notice of Appeal

32 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.

33 [Repealed, SOR/2018-87, s. 29]

Brief

• 34 (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.

Response

• 35 (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.

Written Submissions and Documentary Evidence

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

36.1 [Repealed, SOR/2018-87, s. 33]

Time for Hearing

37 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

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

39 [Repealed, SOR/2018-87, s. 34]

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

40 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.

Contents of a Request To Intervene

40.1 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.

Intervener Added

• 41 (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.

42 [Repealed, SOR/2018-87, s. 38]

43 [Repealed, SOR/2018-87, s. 38]

Discontinuance

44 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.

45 [Repealed, SOR/2018-87, s. 39]

Failure to Appear

46 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.

47 [Repealed, SOR/2018-87, s. 40]

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

Application

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

Notice of Reference

49 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

50 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.

Information to be Filed by the President

51 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.

Advice

• 52 (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.

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

Application

52.1 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.

Notice of Commencement of Preliminary Inquiry

52.2 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.

Sending of a Notice of Commencement of Preliminary Inquiry

52.3 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.

Information to be Filed by the President

52.4 If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the President must file with the Tribunal, in addition to the notice required to be given under paragraph 34(1)(a) of that Act,

• (a) a copy of the President’s statement of reasons for initiating the investigation;

• (b) a copy of both the public and, if applicable, confidential version of the written complaint made to the President under subsection 31(1) of the Special Import Measures Act; and

• (c) any other relevant information that has been taken into consideration by the President.

52.5 If the Tribunal causes a preliminary inquiry to be terminated under paragraph 35.1(1)(b) of the Special Import Measures Act, it must give notice of the termination to every person and government referred to in rule 52.3 and in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act.

PART IVInquiries Under Section 42 of the Special Import Measures Act

Application

53 This Part applies to an inquiry, in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt of a notice of a preliminary determination of dumping or subsidizing in respect of goods.

Notice of Commencement of Inquiry

54 If a notice of a preliminary determination of dumping or subsidizing is filed with the Tribunal under the Special Import Measures Act, the Tribunal must without delay 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;

• (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 an interested person may file written representations under subsection 45(6) of that Act;

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

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

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

• (i) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained;

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

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

Sending of a Notice of Commencement of Inquiry

55 The Tribunal shall send a copy of a notice of commencement of inquiry referred to in rule 54 to

• (a) the President;

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

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

Information to be Filed by the President — Preliminary Determination

56 If the President makes a preliminary determination of dumping or subsidizing with respect to goods under section 38 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in paragraph 38(3)(b) of that Act, the following materials:

• (a) a copy of the preliminary determination;

• (b) a detailed statement of all estimates and of all things specified by the President pursuant to paragraph 38(1)(a) or (b) of that Act;

• (c) a document that contains information with respect to

  • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and

  • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized; and

• (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request.

Information to be Filed by the President — Final Determination

57 If the President makes a final determination of dumping or subsidizing with respect to goods under section 41 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in subsection 41(3) of that Act, the following materials:

• (a) a copy of the final determination;

• (b) a detailed statement of all estimates and of all things specified by the President pursuant to subsection 41(1) of that Act;

• (c) a document that contains information with respect to

  • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and

  • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized;

• (c.1) documents setting out the margin of dumping in relation to the goods that are imported into Canada from each country subject to an inquiry, which margin of dumping is the weighted average of the margins of dumping determined in accordance with section 30.2 of the Special Import Measures Act expressed as a percentage of the export price of the good;

• (c.2) documents setting out the amount of subsidy in relation to the goods that are imported into Canada from each country subject to an inquiry, expressed as a percentage of the export price of the goods; and

• (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request.

Information to be Provided by the Tribunal

58 In any inquiry, the Tribunal shall, forthwith after expiration of the date on or before which interested parties or counsel for the interested parties are required to file a Notice of Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that party, with the following information:

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

• (b) the codes assigned to the parties’ exhibits; and

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

Availability of Information

59 In an inquiry, the Tribunal must, after the expiry of the day on or before which interested parties are required to file a notice of participation, make available, on any conditions that are established by the Tribunal under subsection 45(3) of the Act,

• (a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and

• (b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential.

Written Submissions and Documentary Evidence

• 60 (1) The Tribunal may at any time direct any party to an 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; and

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

• (2) In the case of an inquiry under section 31 of the Special Import Measures Act, the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person.

Information to be Provided by Parties

61 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.

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.

Review under Section 76.01 or 76.02 of the Special Import Measures Act

• 70 (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act must set out the following information:

  • (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of their counsel, if any;

  • (b) the nature of their interest in the order or finding;

  • (c) the grounds on which the person believes initiation of the review is warranted and a statement of the facts on which the grounds are based; and

  • (d) the nature of the order or finding that the person believes the Tribunal should make under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act on completion of the review.

• (2) On receipt of a properly documented request referred to in subrule (1), the Tribunal shall inform each party to the inquiry or review that resulted in the order or finding of its receipt of the request and shall give them an opportunity to make representations to the Tribunal concerning the request.

• 71 (1) If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act, the Tribunal shall forthwith cause to be published in the Canada Gazette a notice of review that sets out the following information:

  • (a) the statutory authority for the review;

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

  • (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 review may be obtained; and

  • (i) the place and time fixed for commencement of a hearing in the review.

• (2) The Tribunal must send a copy of a notice of review to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

72 In order to decide whether an interim review under section 76.01 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information concerning

• (a) whether changed circumstances or new facts have arisen since the making of the order or finding;

• (b) facts that were not put in evidence in the original proceedings and that were not discoverable by the exercise of reasonable diligence; and

• (c) any other matter that is relevant to the review.

73 For the purposes of subsections 76.01(6) and 76.02(5) of the Special Import Measures Act, the other persons to whom and governments to which a copy of the order or finding and reasons for it must be forwarded are the persons — other than the President — and governments who received a copy of the notice of review.

Review under Section 76.03 of the Special Import Measures Act

• 73.1 (1) When an order or a finding is deemed to be rescinded on the expiry of a five-year period in accordance with subsection 76.03(1) of the Special Import Measures Act, the notice of expiry that the Tribunal must cause to be published in the Canada Gazette in accordance with subsection 76.03(2) of that Act shall set out the following information:

  • (a) the date on which the order or finding will be deemed to be rescinded;

  • (b) the date on or before which any written submissions must be filed by any person or government requesting or opposing the initiation of a review of the order or finding;

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

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

  • (e) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the expiry may be obtained.

• (2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal must, if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision.

• (3) If the Tribunal decides to initiate a review, the information that must be included in a notice of the initiation of a review that the Tribunal must cause to be published in the Canada Gazette, in accordance with subsection 76.03(6) of the Special Import Measures Act, is the information specified in subrule 71(1).

• (4) The Tribunal must send a copy of a notice of expiry to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

• (5) For the purposes of paragraph 76.03(6)(a) of the Special Import Measures Act, the other persons to whom and government to which a notice of the Tribunal’s decision to initiate an expiry review must be sent are the persons — other than the President — to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information in relation to the factors prescribed in section 37.2 of the Special Import Measures Regulations and any other matter that is relevant to the review.

73.3 If the President determines that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the President must provide without delay to the Tribunal under subsection 76.03(9) of the Special Import Measures Act the following information:

• (a) the reasons for the determination;

• (b) information relating to the enforcement of the Tribunal’s order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and

• (c) any other information that has been taken into consideration by the President.

73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, it must cause a notice of it to be published in the Canada Gazette and send a copy of the order and reasons for it to each party as well as to each person who was provided with the notice of the Tribunal’s decision to initiate the expiry review.

Review under Section 76.1 of the Special Import Measures Act

• 73.5 (1) If the Minister requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Tribunal must publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

• (2) The Tribunal shall send a copy of a notice of review to each person to whom and government to which the Tribunal would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

73.6 If the Tribunal continues or amends an order or a finding under subsection 76.1(2) of the Special Import Measures Act, it must cause a notice of its decision to be published in the Canada Gazette and send a copy of the decision and the reasons for it to each party as well as to each person who was provided with the notice of review.

Application of Certain Rules

• 73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part.

• (2) Rules 61.1 and 61.2 do not apply to a review under section 76.01, 76.02 or 76.1 of the Special Import Measures Act.

PART VIIRulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act

Application

74 This Part applies

• (a) to a request made to the Tribunal by the President pursuant to section 89 of the Special Import Measures Act for a ruling on the question of which of two or more persons is the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported; and

• (b) to a reconsideration, under paragraph 91(1)(g) of that Act, of an order or finding made by the Tribunal in an inquiry referred to in paragraph 90(c) of that Act.

Notice of Request by President

75 Where the President makes a request pursuant to subsection 89(1) of the Special Import Measures Act, the President

• (a) shall give notice of the request to

  • (i) each of the two or more persons referred to in that subsection,

  • (ii) if the President made the request at the request of a person interested in the importation of the goods referred to in that subsection, that person interested, and

  • (iii) each exporter to Canada of those goods; and

• (b) shall file with the Tribunal a list of the names, addresses for service, telephone numbers and fax numbers, if any, of the persons given notice pursuant to paragraph (a).

Notice of Request for a Ruling

• 76 (1) Immediately after the list referred to in paragraph 75(b) is filed with the Tribunal, the Tribunal must cause to be published in the Canada Gazette a notice of request for a ruling setting out the following information:

  • (a) the statutory authority for the request for a ruling;

  • (b) the matter or thing that is the subject of the request for a ruling;

  • (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

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

  • (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

  • (f) where the Tribunal has directed that a hearing be held, the following information, namely,

    • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice,

    • (ii) the date on or before which an interested person must file with the Tribunal a notice of participation, and

    • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

  • (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the request for a ruling may be obtained; and

  • (h) any other information that the Tribunal considers relevant to the ruling.

• (2) The Tribunal shall send a copy of a notice of request for a ruling to the following persons:

  • (a) the President; and

  • (b) each person shown on the list referred to in paragraph 75(b).

Request for Reconsideration

77 A request to the Tribunal to reconsider, under paragraph 91(1)(g) of the Special Import Measures Act, an order or finding made by it in an inquiry referred to in paragraph 90(c) of that Act must be filed with the Tribunal and must set out the following information:

• (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of the person’s counsel, if any;

• (b) the nature of the person’s interest in the order or finding;

• (c) the grounds on which the person believes reconsideration of the order or finding is warranted and a statement of the facts on which the grounds are based; and

• (d) the nature of the action that the person believes the Tribunal should take pursuant to paragraph 91(3)(a) of that Act on completion of the reconsideration.

Notice of Reconsideration

78 If the Tribunal decides, on its own initiative or on request, to reconsider an order or finding under paragraph 91(1)(g) of the Special Import Measures Act, it must without delay cause to be published in the Canada Gazette a notice of reconsideration setting out the following information:

• (a) the statutory authority for the reconsideration;

• (b) the matter or thing that is the subject of the reconsideration;

• (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of the written submission that must be filed;

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

• (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

• (f) where the Tribunal has directed that a hearing be held, the following information, namely,

  • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice,

  • (ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a notice of participation, and

  • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

• (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the reconsideration may be obtained; and

• (h) any other information that is relevant to the reconsideration.

Sending of Notice

79 The Tribunal shall send a copy of the notice of reconsideration referred to in Rule 78 to the following persons and governments:

• (a) where reconsideration of the order or finding referred to in that rule was initiated by the Tribunal at the request of a person interested, the person interested;

• (b) the President;

• (c) each domestic producer of goods that are like the goods to which the order or finding applies; and

• (d) all parties to the inquiry in which the order or finding was made and governments to which notice of the making of the order or finding was given by the Tribunal.

• (e) [Repealed, SOR/2018-87, s. 71]

Forwarding of Notice of Action Taken and Reasons

80 In addition to the persons referred to in paragraph 91(3)(b) of the Special Import Measures Act, the Tribunal shall forward by registered mail the notice of action taken and copies of the reasons for that action referred to in that paragraph to every other person to whom and government to which the Tribunal was required by rule 79 to send a copy of a Notice of Reconsideration.

Application of Certain Rules

81 Rules 59 and 60 apply, with any modifications that the circumstances require, to a request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal under paragraph 91(1)(g) of that Act.

PART VIIIComplaints by Domestic Producers

Application

82 This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.081), (1.09), (1.091), (1.092), (1.093), (1.094), (1.095), (1.096), (1.097), (1.098) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer.

Additional Information Accompanying a Written Complaint

• 83 (1) In addition to providing the information set out in subsections 23(2) and (3) of the Act, a complaint filed with the Tribunal shall be signed by the complainant or by the complainant’s counsel, if any, and shall be accompanied by the following information:

  • (a) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any;

  • (a.1) the name and description of the imported goods concerned, their tariff classification, their current tariff treatment, and the name and description of the like or directly competitive domestic goods concerned;

  • (a.2) the locations of the establishments in which the complainant produces the domestic goods;

  • (a.3) the percentage of domestic production of the like or directly competitive goods that the complainant accounts for and the basis for claiming that the complainant is representative of an industry;

  • (a.4) the names and locations of all other domestic establishments in which the like or directly competitive goods are produced;

  • (a.5) data on total domestic production of the like or directly competitive goods for each of the five most recent full years;

  • (b) a list of any documents that may be useful in explaining or supporting the complaint;

  • (c) a list of any other interested parties;

  • (d) the actual volume of the goods imported into Canada for each of the five most recent full years that form the basis of the complaint and the effect of the imported goods on the prices of like or directly competitive goods in Canada, including

    • (i) whether there has been a significant increase in the importation into Canada of the goods, either absolutely or relative to the production in Canada of like or directly competitive goods,

    • (ii) whether the prices of the goods imported into Canada have significantly undercut the prices of like or directly competitive goods produced and sold in Canada, and

    • (iii) whether the effect of the importation into Canada of the goods has been

      • (A) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

      • (B) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada; and

  • (e) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada and all relevant economic factors and indices that have a bearing on the industry that comprises or includes the like or directly competitive goods, including, without limiting the generality of the foregoing,

    • (i) actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments, and

    • (ii) factors affecting domestic prices.

    • (iii) [Repealed, SOR/95-13, s. 1]

• (2) In addition to the information specified in subrule (1), information that is necessary to apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal Regulations shall be filed at the request of the Tribunal.

PART IXReferences Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act

Application

84 This Part applies to a reference made to the Tribunal

• (a) pursuant to section 18 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada;

• (b) pursuant to section 19 of the Act, for inquiry into and report to the Minister on any tariff-related matter, except a matter referred to in Part X;

• (c) pursuant to section 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192 or 19.1 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods that are entitled, under the Customs Tariff, to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff, the Canada-Israel Free Trade Agreement Tariff, the Chile Tariff, the Columbia Tariff, the Costa Rica Tariff, the Panama Tariff, the Iceland Tariff, the Norway Tariff, the Switzerland-Liechtenstein Tariff, the Peru Tariff, the Jordan Tariff, the Honduras Tariff, the Korea Tariff or the Ukraine Tariff; and

• (d) pursuant to section 20 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods or to the provision by persons normally resident outside Canada of services in Canada.

Notice of Inquiry

85 If under section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act, a matter is referred to the Tribunal for inquiry and report, the Tribunal must cause to be published in the Canada Gazette a notice of inquiry setting out the following information:

• (a) the statutory authority for the inquiry;

• (a.1) the name of the complainant;

• (b) the imported goods that are the subject of the inquiry, including their tariff classification;

• (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

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

• (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

• (f) where the Tribunal has directed that a hearing be held, the following information, namely,

  • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice,

  • (ii) the date on or before which any person interested in the matter must file with the Tribunal a notice of participation, and

  • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

• (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained and non-confidential documents filed in the course of the inquiry may be inspected, as well as the name, address and telephone number of the office to be contacted for more information; and

• (h) any other information that is relevant to the inquiry.

Sending of Notice

86 The Tribunal shall send a copy of a notice of inquiry referred to in rule 85 to

• (a) where the inquiry is in relation to goods, all domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Tribunal;

• (b) where the inquiry is in relation to the provision of services, all persons who provide the services in Canada who are known to the Tribunal;

• (c) the government of any country that is considered by the Tribunal to have an interest in the inquiry; and

• (d) any trade association that appears to the Tribunal to have a particular interest in the inquiry.

• (e) [Repealed, SOR/2018-87, s. 76]

Hearing to be Held

• 87 (1) Notwithstanding that a notice of inquiry referred to in rule 85 states that the Tribunal has not directed that a hearing be held, the Tribunal may, at any time after publication of the notice in the Canada Gazette, direct that a hearing be held if, at any time after that publication, it considers that the holding of a hearing is necessary or desirable.

• (2) If, under subrule (1), the Tribunal directs that a hearing be held, it must cause to be published in the Canada Gazette a notice setting out that it has so directed.

• (3) Any notice given pursuant to subrule (2) shall include the information set out in paragraph 78(f).

Application of Certain Rules

88 Rules 59 and 60 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

PART XReferences Under Section 19 and Reviews Under Section 19.02 of the Act

Application

89 This Part applies in respect of

• (a) a standing reference made to the Tribunal under section 19 of the Act by the Minister for inquiry and report into

  • (i) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the General Preferential Tariff and that are being imported into Canada at the General Preferential Tariff rates of customs duty under section 33 of the Customs Tariff, or that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Least Developed Country Tariff and that are being imported into Canada at the Least Developed Country Tariff rates of customs duty under section 37 of the Customs Tariff, are causing or threatening injury to that producer, or

  • (ii) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Commonwealth Caribbean Countries Tariff and that are being imported into Canada at the Commonwealth Caribbean Countries Tariff rates of customs duty under section 41 of the Customs Tariff, are causing or threatening injury to that producer; and

• (b) a review made under section 19.02 of the Act.

Complaints by Producers

• 90 (1) A written complaint by a domestic producer referred to in paragraph 89(a) shall be

  • (a) signed by the complainant or by the complainant’s counsel; and

  • (b) [Repealed, SOR/2018-87, s. 78]

  • (c) accompanied by the following information:

    • (i) the facts on which the allegations are based,

    • (ii) the nature of the relief sought,

    • (iii) the goods in issue,

    • (iv) the sources from which the goods are being imported at preferential rates,

    • (v) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any,

    • (vi) a list of any documents that may be useful in explaining or supporting the complaint,

    • (vii) a list of any other domestic producers of the goods referred to in the complaint, indicating which, if any, of those producers support the complaint,

    • (viii) the information referred to in paragraphs 83(d) and (e), and

    • (ix) such other information as is available to the complainant to prove the facts referred to in subparagraph (i).

• (2) If the Tribunal determines that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the domestic producer has suffered, or may suffer, injury as a result of imports occurring or that might occur under the tariff preferences referred to in paragraph 89(a), the Tribunal shall commence an inquiry into the complaint.

Notice of Expiration

91 If a temporary safeguard measure that has been implemented by the Government of Canada to prevent or remedy the injury caused to domestic producers by imports under the tariff preferences referred to in paragraph 89(a) is scheduled to expire, the Tribunal must, in order for it to receive and review written submissions that may be made by interested parties in relation to the future status of the measure, cause to be published in the Canada Gazette, not later than 10 months before the measure is scheduled to expire, a notice of expiry that sets out the following information:

• (a) the date on which the measure is scheduled to expire;

• (b) the statutory authority for the review of the measure;

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

• (d) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review of the measure may be obtained; and

• (e) any other information that is relevant to the measure.

Application of Certain Rules

92 Rules 59, 60 and 85 to 87 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

Notice of Review Under Section 19.02 of the Act

92.1 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, it must cause to be published in the Canada Gazette, not later than five months before the review, a notice of review that sets out the following information:

• (a) the statutory authority for the review of the safeguard measure;

• (b) the date of the mid-point of the safeguard measure to be reviewed;

• (c) the subject-matter of the review;

• (d) the date on or before which a notice of participation or any written submissions must be filed;

• (e) the address of the Tribunal for the filing or service of documents and where information in respect of the review may be obtained; and

• (f) any other information that the Tribunal considers relevant to the review.

Sending of Notice of Mid-term Review

92.2 The Tribunal must send a copy of the notice of mid-term review referred to in rule 92.1 to other interested parties.

Disposal of Mid-term Review

92.3 A mid-term review referred to in rule 92.1 shall be decided on the basis of a hearing by way of written submissions unless the Tribunal, on its own initiative or on the written request of a party, decides to proceed by way of a hearing at which the parties or their counsel appear before the Tribunal or by way of an electronic hearing.

Application of Certain Rules

92.4 Rules 59 and 60 apply, with any modifications that the circumstances require, to a review referred to in rule 92.1.

PART XIInquiries into Procurement Complaints by Potential Suppliers

Definition

93 In this Part working day means a day that is not a Saturday or a holiday.

Application

94 This Part applies in respect of inquiries into complaints filed with the Tribunal by potential suppliers under subsection 30.11(1) of the Act.

Computation of Time

95 In this Part where anything is to be done within eight days or less, any day within that period that is not a working day shall not be counted.

Day of Filing of Complaints

• 96 (1) A complaint shall be considered to have been filed

  • (a) on the day it was received by the Tribunal; or

  • (b) in the case of a complaint that does not comply with subsection 30.11(2) of the Act, on the day that the Tribunal receives the information that corrects the deficiencies in order that the complaint comply with that subsection.

• (2) For the purpose of subrule (1), the day of receipt is the day stamped on the complaint or on the document containing the information that corrects the deficiencies.

97 [Repealed, SOR/2018-87, s. 85]

98 [Repealed, SOR/2018-87, s. 85]

99 [Repealed, SOR/2018-87, s. 85]

Sending of Complaint

100 If the Tribunal decides to conduct an inquiry under subsection 30.13(1) of the Act, it must, without delay send a copy of the complaint to the government institution.

Notice of Decision Not To Inquire

101 If the Tribunal decides not to conduct an inquiry for reasons other than those set out in subsection 30.13(5) of the Act, it must without delay notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

Exchange of Information

102 If a designated contract that is the subject of a complaint has been awarded, the following rules apply:

• (a) the government institution must, without delay upon being notified of the complaint, file with the Tribunal in writing

  • (i) the name and postal and email addresses of the contractor to whom the designated contract was awarded, and

  • (ii) if known by the government institution, the name of a representative of the contractor; and

• (b) the Tribunal must, without delay after receipt of the information, send the contractor a copy of all the information provided to the Tribunal as part of the complaint that has not been designated as confidential under section 46 of the Act.

Government Institution Report

• 103 (1) Subject to subrule 107(5), the government institution must, not later than 25 days after the first working day following the receipt of a copy of the complaint referred to in rule 100, file with the Tribunal a report containing a copy of

  • (a) the solicitation, including the specifications or portions of it that are relevant to the complaint;

  • (b) all other documents that are relevant to the complaint;

  • (c) a statement that sets out all findings, actions and recommendations of the government institution and that responds fully to all allegations that are contained in the complaint; and

  • (d) any additional evidence or information that may be necessary to resolve the complaint.

• (2) A copy of the complaint is considered to be received by a government institution only when the government institution is in receipt of all of the documents contained in the complaint, including all documents that contain confidential information.

Comments on Government Institution Report

104 Subject to subrule 107(5), the complainant must, within seven days after receipt of a copy of the report referred to in subrule 103(1), file with the Tribunal any comments on the report or make a written request to have the case decided on the basis of the existing record.

Extension of Time Limits

• 104.1 (1) A party to a complaint may make a written request to the Tribunal for an extension of a time limit set out in this Part. The party must set out in the request the reasons for the extension and notify all other parties of the request.

• (2) The Tribunal must determine, in writing, whether the circumstances of the complaint warrant granting the extension and, if appropriate, must fix a new time limit.

• (3) If the Tribunal, on its own initiative, considers that the circumstances of a complaint warrant the extension of a time limit set out in this Part, the Tribunal must fix a new limit in writing.

Hearing of Complaints

• 105 (1) The Tribunal may, in respect of the merits of a complaint or any matter that is relevant to the consideration of the complaint and on the written request of a party or on its own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear in person before the Tribunal.

• (2) A request for a hearing must be submitted as soon as possible during the course of the proceeding.

• (3) The Tribunal must set a date, time and place for the hearing and notify the parties of them.

• (4) The Tribunal must give notice to the parties of the subject-matter of the hearing.

106 [Repealed, SOR/2000-139, s. 60]

Express Option

• 107 (1) If the complainant or the government institution requests an expeditious determination of a complaint, the Tribunal must consider the feasibility of using the express option procedure set out in subrule (5).

• (2) The Tribunal may apply the express option in the case of any complaint that is suitable for resolution within 45 days.

• (3) A request for the express option must be made in writing and submitted to the Tribunal without delay.

• (4) The Tribunal must determine whether or not to apply the express option and must notify the complainant, the government institution and any interveners of the determination.

• (5) Where the express option is applied, the time limits set out in this Part for filing documents shall not apply and the following procedure shall be followed:

  • (a) the government institution must, within 10 working days after the day on which it is notified by the Tribunal that the express option is to be applied, file with the Tribunal a report on the complaint containing the documents referred to in subrule 103(1);

  • (b) the complainant must, within five days after receipt of a copy of the report, file with the Tribunal comments on the report or make a written request to have the case to be decided on the basis of the existing record;

  • (c) and (d) [Repealed, SOR/2018-87, s. 86]

  • (e) the Tribunal shall issue a determination on the complaint within 45 days after determining that the express option will be applied.

108 [Repealed, SOR/2018-87, s. 87]

PART XIIExtension Inquiries Under Section 30.07 of the Act

Application

109 This Part applies in respect of an extension inquiry under section 30.07 of the Act.

Notice of Expiry

110 If the Tribunal is required to publish a notice of expiry under subsection 30.03(1) of the Act in respect of an order referred to in that subsection, the notice shall be published in the Canada Gazette not later than eight months before the expiry date and shall set out

• (a) the date on which the order is scheduled to expire;

• (b) the date on or before which written submissions must be filed by interested parties requesting or opposing an extension inquiry;

• (c) the address of the Tribunal for the filing or service of documents and where information in respect of the extension inquiry may be obtained;

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

• (e) instructions in respect of the filing of confidential information; and

• (f) any other relevant information that the Tribunal may require.

Request for Extension

111 A request for an extension inquiry filed with the Tribunal shall be signed by the requester or by their counsel, if any, and, in addition to providing the information required by section 30.05 of the Act, shall be accompanied by the following information:

• (a) the name, address and telephone and fax numbers, if any, of the requester or their counsel;

• (b) the name and description of the imported goods and the like or directly competitive goods;

• (c) the names of the domestic producers on whose behalf the request is being made and the proportion of total domestic production of like or directly competitive goods that is produced by them;

• (d) any information that is necessary to address the matters raised in subsection 4(1) and section 6 or 7 of the Canadian International Trade Tribunal Regulations and subsection 30.03(2) of the Act, as the case may be; and

• (e) a statement indicating why the order that is the subject of the extension inquiry continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods.

112 If a notice is provided under subsection 30.06(3) of the Act, the Tribunal shall give the other interested parties referred to in that subsection an opportunity to make representations to the Tribunal concerning the request referred to in rule 111.

113 If the Tribunal commences an extension inquiry, the notice published under subsection 30.07(2) of the Act shall set out the following information:

• (a) the statutory authority for the extension inquiry;

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

• (c) the date on or before which an other 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 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 of the Tribunal to which written submissions or correspondence may be sent or delivered and at which information in respect of the extension inquiry may be obtained;

• (i) the place and time fixed for the commencement of a hearing in the extension inquiry; and

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

Application of Certain Rules

114 Rules 59 and 60 apply, with any modifications that the circumstances require, in respect of an extension inquiry conducted by the Tribunal under this Part.