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

12. (1) Subject to subrule (2) and rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, each document required or permitted by these Rules to be filed shall be filed by sending to the Secretary, by hand, mail or electronic transmission,

• (a) in the case of an appeal, the original and five copies of the document and the number of additional copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties; and

• (b) in all other proceedings, the original document and the number of copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties.

(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 electronic transmission shall include the following information on the first page:

• (a) the name, address and telephone and fax numbers of the sender;

• (b) the date and time of the transmission;

• (c) the total number of pages transmitted; and

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

(4) When a document is filed by electronic transmission, the sender must immediately send to the Secretary the original document and the number of copies required under subrule (1).

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

• (a) where 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 the document by the Secretary.

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.

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,

  • (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 Commissioner, 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 shall be made

• (a) by sending it to the address for service by mail, by registered mail or by electronic transmission; or

• (b) by leaving it at the address for service.

(5) A document that is served by electronic transmission shall include the following information:

• (a) the name, address and telephone and fax numbers of the sender;

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

• (c) the date and time of the transmission;

• (d) the total number of pages transmitted; and

• (e) the name, address and telephone number 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 or by leaving it at the address for service, 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; and

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

(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.