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

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25.2 [Repealed, SOR/2018-87, s. 23]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.