PART 1General (continued)
Rules Applicable to All Proceedings (continued)
Filing of Documents (continued)
Marginal note:Filing after 17:00 hours
17 A document filed by facsimile transmission after 17:00 hours Ottawa local time is deemed to be filed on the next day that is not a holiday or Saturday.
Marginal note:Format for electronic filing
18 (1) An electronic version of a document in PDF (Portable Document Format) or any other format allowed by the Tribunal shall be filed in a manner directed by the Registrar.
Marginal note:Filed electronically
(2) All documents filed by electronic transmission shall be electronically time stamped.
Marginal note:Filed after 17:00 hours
(3) Any document transmitted electronically after 17:00 hours Ottawa local time is deemed to be filed on the next day that is not a holiday or Saturday.
Marginal note:Irregularity or defect
19 At any time before judgment is given in a proceeding, the Tribunal may draw the attention of a party to any irregularity or defect relating to an electronic version of a document and permit the party to remedy it on any conditions that the Tribunal considers fair.
Marginal note:Electronic sworn statement or solemn affirmation
20 (1) A statement made under oath or solemn affirmation may be filed electronically, by filing a scanned version of the document that includes a handwritten signature and the following: “The document that is being electronically submitted to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.”
Marginal note:Maintenance of document
(2) The document referred to in subrule (1) must be maintained in paper form by the party or intervenor filing the document until one year after all periods for appeals expire.
Marginal note:Provision of original
(3) Upon request of the Tribunal, the party or intervenor filing the statement made under oath or solemn affirmation must provide the original signed document for review.
Marginal note:Alternative means for filing
(4) Upon the request of a party or intervenor, the Tribunal may order a different method for the electronic filing of a statement made under oath or a solemn affirmation, or may order other means for filing the document.
Marginal note:Electronic certified copy
21 If a document is filed electronically, and a certified copy of the document is requested from the Tribunal, the Tribunal may provide an electronic copy of the document stamped “certified”.
Marginal note:Public access
22 Subject to any confidentiality order under rule 66, the public is entitled to access the documents filed or received in evidence on the public record, in the format in which they were received by the registry.
Marginal note:Without confidentiality order
23 A party or intervenor who wishes to assert confidentiality in a document to be filed that is not covered by a confidentiality order shall
(a) file a public version of the document that does not include the confidential information;
(b) provide the registry with a version of the document marked “confidential” that includes and identifies the confidential information that has been deleted from the public version filed under paragraph (a); and
(c) bring a motion under rule 66 for an order allowing it to file the confidential version.
Marginal note:With confidentiality order
24 A party or intervenor who wishes to file a document containing information that has already been made subject to a confidentiality order under rule 66 shall file a public version that does not include the confidential information and a confidential version with each page clearly marked “confidential”. The confidential version shall identify the confidential material that has been deleted from the public version and the date of the relevant confidentiality order.
Publication of Notice
25 (1) The Registrar shall, as soon as the notice of application under Part VIII of the Act has been filed, publish a notice
(a) in the Canada Gazette; and
(b) over a period of two weeks, in at least two issues of at least two daily newspapers designated by the Chairperson or a judicial member designated by the Chairperson.
(2) The notice referred to in subrule (1) shall state
(a) that an application for an order has been made to the Tribunal;
(b) the name of each person against whom or in respect of whom the order is sought;
(c) the particulars of the order sought;
(d) that the notice of application and accompanying documents may be examined at the office of the Registrar; and
(e) the date on or before which a motion for leave to intervene must be filed.
Discontinuance or Withdrawal
26 (1) An applicant may discontinue all or part of an application at any time before a final determination of the application by the Tribunal.
Marginal note:Notice of discontinuance
(2) The applicant shall serve a notice of discontinuance on each party and on each intervenor and file the notice with proof of service.
27 (1) A respondent who has filed a response may withdraw all or part of the response at any time before a final determination of the application by the Tribunal.
Marginal note:Notice of withdrawal
(2) The respondent shall serve a notice of withdrawal on each party and on any intervenor and file the notice with proof of service.
Marginal note:Hearings open to the public
29 Subject to rule 30, hearings shall be open to the public.
Marginal note:In-camera hearings
30 (1) A party, an intervenor or a person interested in the proceedings may request that all or a portion of a hearing not be open to the public.
Marginal note:Content of request
(2) A person who makes the request shall advise the Tribunal of the reasons for the request, including details of the specific, direct harm that would allegedly result from conducting the hearing or a portion of the hearing in public.
Marginal note:Power of the Tribunal
(3) The Tribunal may, if it is of the opinion that there are valid reasons for a hearing not to be open to the public, make any order that it deems appropriate.
Practice and Procedure
Marginal note:Composition of the Tribunal
31 Subject to sections 10 and 11 of the Competition Tribunal Act and for the purposes of these Rules, the Tribunal shall consist of one or more members designated by the Chairperson, at least one of whom is a judicial member.
Marginal note:Case record in electronic format
32 The original and official case record of an electronic hearing shall be kept by the Tribunal only in electronic format.
Marginal note:Practice directions
33 (1) The Tribunal may issue practice directions.
(2) The Tribunal may give directions requiring the use of any electronic or digital means of communication, storage or retrieval of information, or any other technology it considers appropriate to facilitate the conduct of a hearing or case management conference.
Marginal note:Questions as to practice or procedure
34 (1) If, in the course of proceedings, a question arises as to the practice or procedure to be followed in cases not provided for by these Rules, the practice and procedure set out in the Federal Courts Rules may be followed.
Marginal note:Tribunal may direct
(2) If a person is uncertain as to the practice or procedure to be followed, the Tribunal may give directions about how to proceed.
PART 2Contested Proceedings
Marginal note:Application of Part
35 This Part applies to all applications to the Tribunal, except applications for interim or temporary orders (Part 4), applications for specialization agreements (Part 5), applications for leave under section 103.1 of the Act (Part 8) and applications for a loan order (Part 9).
Marginal note:Notice of application
36 (1) An application shall be made by filing a notice of application.
Marginal note:Form and content
(2) A notice of application shall be signed by or on behalf of the applicant and shall set out, in numbered paragraphs,
(a) the sections of the Act under which the application is made;
(b) the name and address of each person against whom an order is sought;
(c) a concise statement of the grounds for the application and of the material facts on which the applicant relies;
(d) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act;
(e) the particulars of the order sought; and
(f) the official language that the applicant intends to use in the proceedings.
Marginal note:Service of notice
37 (1) The applicant shall, within five days after a notice of application is filed, serve the notice on each respondent.
Marginal note:Proof of service
(2) The applicant shall, within five days after the service of the notice of application, file proof of service.
38 (1) A respondent who wishes to oppose the application shall, within 45 days after being served with the notice of application,
(a) serve a response on the applicant and on any other respondent; and
(b) file the response with proof of service.
Marginal note:Form and content
(2) The response shall set out, in numbered paragraphs,
(a) a concise statement of the grounds on which the application is opposed and of the material facts on which the person opposing the application relies;
(b) an admission or denial of each ground and of each material fact relevant to each ground set out in the notice of application;
(c) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act; and
(d) the official language that the person opposing the application intends to use in the proceedings.
39 (1) The applicant may, within 14 days after being served with a response in accordance with subrule 38(1), serve a reply on the respondent and on each other party and shall file the reply with proof of service.
(2) A reply shall set out an admission or denial of each ground and of each material fact relevant to each ground set out in the response.
Marginal note:Failure to file
(3) If the applicant does not file a reply, the applicant is deemed to have denied each ground and each material fact relevant to each ground set out in the response.
Marginal note:Timetable for disposition of application
40 (1) Each party shall, within 14 days after the expiry of the period for filing a response, consult with the other parties and, if a timetable is agreed, file the proposed timetable for the disposition of the application, including a suggested start date, duration and place for the hearing.
Marginal note:Timetable not agreed
(2) If the parties cannot agree on a timetable, each party shall serve on the other parties a proposed timetable and file it with proof of service within the period set out in subrule (1).
Marginal note:Order in default of response
41 (1) If a person has not filed a response within the period set out in subrule 38(1), the applicant may move that the Tribunal issue the order sought in the notice of application against the person.
(2) On a motion in accordance with subrule (1), the Tribunal shall, if it is satisfied that the notice of application was served in accordance with these Rules and it has heard any evidence that it may require, make any order that it deems appropriate.
(3) The Registrar shall, as soon as an order is made, serve the order on the respondent and on each other party.
Marginal note:Motion for leave to intervene
Marginal note:Service and filing motion
43 (1) A motion for leave to intervene shall be made by
(a) serving on each of the parties a motion for leave to intervene and an affidavit setting out the facts on which the motion is based; and
(b) filing the motion and the affidavit with proof of service.
(2) A motion for leave to intervene shall set out
(a) the title of the proceedings in which the person making the motion wishes to intervene;
(b) the name and address of that person;
(c) a concise statement of the matters in issue that affect that person and the unique or distinct perspective that the person will bring to the proceeding;
(d) a concise statement of the competitive consequences arising from the matters referred to in paragraph (c) with respect to which that person wishes to make representations;
(e) the name of the party, if any, whose position that person intends to support;
(f) the official language to be used by that person at the hearing of the motion and, if leave is granted, in the proceedings; and
(g) a description of how that person proposes to participate in the proceedings.
Marginal note:Disposition without hearing
(3) A person filing a motion for leave to intervene may request in writing that the Tribunal dispose of the motion without a hearing.
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