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

Regulations are current to 2012-05-14 and last amended on 2006-06-23. Previous Versions

Canadian International Trade Tribunal Rules

SOR/91-499

CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

Registration 1991-08-14

Rules Governing the Proceedings, Practice and Procedures of the Canadian International Trade Tribunal

P.C. 1991-1446  1991-08-13

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 39(1)Footnote * of the Canadian International Trade Tribunal ActFootnote **, is pleased hereby to approve

  • (a) the revocation by the Canadian International Trade Tribunal of the Canadian Import Tribunal Rules, approved by Order in Council P.C. 1985-3312 of November 7, 1985Footnote ***; and

  • (b) the making by the Canadian International Trade Tribunal, after consultation with the Minister of Finance, of the annexed Rules governing the proceedings, practice and procedures of the Canadian International Trade Tribunal, in substitution therefor.

SHORT TITLE

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

DEFINITIONS

 In these Rules,

“Act”

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

“address”

“address” includes an address for electronic transmission; (adresse)

“Agency”

“Agency” means the Canada Customs and Revenue Agency established by the Canada Customs and Revenue Agency Act; (Agence)

“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” means the Commissioner of Customs and Revenue appointed under section 25 of the Canada Customs and Revenue Agency Act; (commissaire)

“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“Deputy Minister” [Repealed, SOR/2000-139, s. 1]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” includes any written documentation, film, photograph and audio tape and any information stored by electronic means; (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 or electronic mail or by any other electronic means by which parties can communicate; (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, 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) files a notice of intervention referred to in rule 39 or 40 and has been added as an intervener,

  • (b) is permitted to intervene under an order of the Tribunal referred to in rule 42, or

  • (c) 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)

“respondent”

“respondent” means the Minister of National Revenue or the Commissioner, as the case may be; (intimé)

“Secretary”

“Secretary” means the Secretary of the Tribunal, and includes any other officer or employee of the Tribunal during any period that the officer or employee is authorized to act as Secretary. (secrétaire)

  • SOR/93-601, s. 1;
  • SOR/2000-139, s. 1.