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

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63 [Repealed, SOR/2000-139, s. 33]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.