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

Regulations are current to 2016-05-12 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Deputy Minister[Repealed, SOR/2000-139, s. 1]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.

Interpretation

 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

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

Directions on Procedure

 Where, in any proceeding, a question of procedure arises to which these Rules do not provide an answer, or the answer they do provide is incomplete, the question shall be disposed of, consistently with such, if any, of these Rules as are applicable, in such manner as the Tribunal directs.

Dispensing with or Varying Procedure

 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.

  • SOR/2000-139, s. 2.

Combining of Proceedings

 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.

  • SOR/2000-139, s. 2.

Defect in Form and Irregularity

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

  • SOR/2006-161, s. 1(F).

Extending or Abridging Time Limits

 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.

  • SOR/2000-139, s. 3.

Computation of Time

 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.

 
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