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

73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, it must cause a notice of it to be published in the Canada Gazette and send a copy of the order and reasons for it to each party as well as to each person who was provided with the notice of the Tribunal’s decision to initiate the expiry review.

Review under Section 76.1 of the Special Import Measures Act

• 73.5 (1) If the Minister requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Tribunal must publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

• (2) The Tribunal shall send a copy of a notice of review to each person to whom and government to which the Tribunal 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.

73.6 If the Tribunal continues or amends an order or a finding under subsection 76.1(2) of the Special Import Measures Act, it must cause a notice of its decision to be published in the Canada Gazette and send a copy of the decision and the reasons for it to each party as well as to each person who was provided with the notice of review.

Application of Certain Rules

• 73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part.

• (2) Rules 61.1 and 61.2 do not apply to a review under section 76.01, 76.02 or 76.1 of the Special Import Measures Act.

PART VIIRulings Under Section 89 and Reconsiderations Under Paragraph 91(1)(g) of the Special Import Measures Act

Application

74 This Part applies

• (a) to a request made to the Tribunal by the President pursuant to section 89 of the Special Import Measures Act for a ruling on the question of which of two or more persons is the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported; and

• (b) to a reconsideration, under paragraph 91(1)(g) of that Act, of an order or finding made by the Tribunal in an inquiry referred to in paragraph 90(c) of that Act.

Notice of Request by President

75 Where the President makes a request pursuant to subsection 89(1) of the Special Import Measures Act, the President

• (a) shall give notice of the request to

  • (i) each of the two or more persons referred to in that subsection,

  • (ii) if the President made the request at the request of a person interested in the importation of the goods referred to in that subsection, that person interested, and

  • (iii) each exporter to Canada of those goods; and

• (b) shall file with the Tribunal a list of the names, addresses for service, telephone numbers and fax numbers, if any, of the persons given notice pursuant to paragraph (a).

Notice of Request for a Ruling

• 76 (1) Immediately after the list referred to in paragraph 75(b) is filed with the Tribunal, the Tribunal must cause to be published in the Canada Gazette a notice of request for a ruling setting out the following information:

  • (a) the statutory authority for the request for a ruling;

  • (b) the matter or thing that is the subject of the request for a ruling;

  • (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

  • (d) instructions with respect to the filing of confidential information;

  • (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

  • (f) where the Tribunal has directed that a hearing be held, the following information, namely,

    • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice,

    • (ii) the date on or before which an interested person must file with the Tribunal a notice of participation, and

    • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

  • (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the request for a ruling may be obtained; and

  • (h) any other information that the Tribunal considers relevant to the ruling.

• (2) The Tribunal shall send a copy of a notice of request for a ruling to the following persons:

  • (a) the President; and

  • (b) each person shown on the list referred to in paragraph 75(b).

Request for Reconsideration

77 A request to the Tribunal to reconsider, under paragraph 91(1)(g) of the Special Import Measures Act, an order or finding made by it in an inquiry referred to in paragraph 90(c) of that Act must be filed with the Tribunal and 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 the person’s counsel, if any;

• (b) the nature of the person’s interest in the order or finding;

• (c) the grounds on which the person believes reconsideration of the order or finding is warranted and a statement of the facts on which the grounds are based; and

• (d) the nature of the action that the person believes the Tribunal should take pursuant to paragraph 91(3)(a) of that Act on completion of the reconsideration.

Notice of Reconsideration

78 If the Tribunal decides, on its own initiative or on request, to reconsider an order or finding under paragraph 91(1)(g) of the Special Import Measures Act, it must without delay cause to be published in the Canada Gazette a notice of reconsideration setting out the following information:

• (a) the statutory authority for the reconsideration;

• (b) the matter or thing that is the subject of the reconsideration;

• (c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of the written submission that must be filed;

• (d) instructions with respect to the filing of confidential information;

• (e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

• (f) where the Tribunal has directed that a hearing be held, the following information, namely,

  • (i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Tribunal a written request for such a notice,

  • (ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a notice of participation, and

  • (iii) the date on or before which counsel for a person who files a notice of participation must file with the Tribunal a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1);

• (g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the reconsideration may be obtained; and

• (h) any other information that is relevant to the reconsideration.

Sending of Notice

79 The Tribunal shall send a copy of the notice of reconsideration referred to in Rule 78 to the following persons and governments:

• (a) where reconsideration of the order or finding referred to in that rule was initiated by the Tribunal at the request of a person interested, the person interested;

• (b) the President;

• (c) each domestic producer of goods that are like the goods to which the order or finding applies; and

• (d) all parties to the inquiry in which the order or finding was made and governments to which notice of the making of the order or finding was given by the Tribunal.

• (e) [Repealed, SOR/2018-87, s. 71]

Forwarding of Notice of Action Taken and Reasons

80 In addition to the persons referred to in paragraph 91(3)(b) of the Special Import Measures Act, the Tribunal shall forward by registered mail the notice of action taken and copies of the reasons for that action referred to in that paragraph to every other person to whom and government to which the Tribunal was required by rule 79 to send a copy of a Notice of Reconsideration.

Application of Certain Rules

81 Rules 59 and 60 apply, with any modifications that the circumstances require, to a request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal under paragraph 91(1)(g) of that Act.

PART VIIIComplaints by Domestic Producers

Application

82 This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.081), (1.09), (1.091), (1.092), (1.093), (1.094), (1.095), (1.096), (1.097), (1.098) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer.

Additional Information Accompanying a Written Complaint

• 83 (1) In addition to providing the information set out in subsections 23(2) and (3) of the Act, a complaint filed with the Tribunal shall be signed by the complainant or by the complainant’s counsel, if any, and shall be accompanied by the following information:

  • (a) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant’s counsel, if any;

  • (a.1) the name and description of the imported goods concerned, their tariff classification, their current tariff treatment, and the name and description of the like or directly competitive domestic goods concerned;

  • (a.2) the locations of the establishments in which the complainant produces the domestic goods;

  • (a.3) the percentage of domestic production of the like or directly competitive goods that the complainant accounts for and the basis for claiming that the complainant is representative of an industry;

  • (a.4) the names and locations of all other domestic establishments in which the like or directly competitive goods are produced;

  • (a.5) data on total domestic production of the like or directly competitive goods for each of the five most recent full years;

  • (b) a list of any documents that may be useful in explaining or supporting the complaint;

  • (c) a list of any other interested parties;

  • (d) the actual volume of the goods imported into Canada for each of the five most recent full years that form the basis of the complaint and the effect of the imported goods on the prices of like or directly competitive goods in Canada, including

    • (i) whether there has been a significant increase in the importation into Canada of the goods, either absolutely or relative to the production in Canada of like or directly competitive goods,

    • (ii) whether the prices of the goods imported into Canada have significantly undercut the prices of like or directly competitive goods produced and sold in Canada, and

    • (iii) whether the effect of the importation into Canada of the goods has been

      • (A) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

      • (B) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada; and

  • (e) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada and all relevant economic factors and indices that have a bearing on the industry that comprises or includes the like or directly competitive goods, including, without limiting the generality of the foregoing,

    • (i) actual and potential changes in the level of production, employment, sales, market share, profits and losses, productivity, return on investments, utilization of production capacity, cash flow, inventories, wages, growth or ability to raise capital or investments, and

    • (ii) factors affecting domestic prices.

    • (iii) [Repealed, SOR/95-13, s. 1]

• (2) In addition to the information specified in subrule (1), information that is necessary to apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal Regulations shall be filed at the request of the Tribunal.

PART IXReferences Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act

Application

84 This Part applies to a reference made to the Tribunal

• (a) pursuant to section 18 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada;

• (b) pursuant to section 19 of the Act, for inquiry into and report to the Minister on any tariff-related matter, except a matter referred to in Part X;

• (c) pursuant to section 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192 or 19.1 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods that are entitled, under the Customs Tariff, to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff, the Canada-Israel Free Trade Agreement Tariff, the Chile Tariff, the Columbia Tariff, the Costa Rica Tariff, the Panama Tariff, the Iceland Tariff, the Norway Tariff, the Switzerland-Liechtenstein Tariff, the Peru Tariff, the Jordan Tariff, the Honduras Tariff, the Korea Tariff or the Ukraine Tariff; and

• (d) pursuant to section 20 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods or to the provision by persons normally resident outside Canada of services in Canada.