Competition Tribunal Rules (SOR/2008-141)

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.

Marginal note:Response

• 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.

Marginal note:Reply

• 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.

• Marginal note:Content

  (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.

• Marginal note:Decision

  (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.

• Marginal note:Service

  (3) The Registrar shall, as soon as an order is made, serve the order on the respondent and on each other party.

Intervention

Marginal note:Motion for leave to intervene

42 A motion under subsection 9(3) of the Competition Tribunal Act for leave to intervene shall be filed within 10 days after the end of the period for filing a response.

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.

• Marginal note:Content

  (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.

Marginal note:Response

• 44 (1) A party served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on each of the parties and shall file any response to the motion with proof of service.

• Marginal note:Content

  (2) A response to a motion for leave to intervene shall

  • (a) deal with the matters raised in the motion; and

  • (b) state whether the party filing the response considers that a hearing should be held to determine the motion.

Marginal note:Reply

45 A person making a motion for leave to intervene may, within seven days after the service of the response referred to in rule 44, serve a reply on each of the parties and shall file the reply with proof of service.

Marginal note:Disposition

• 46 (1) If the Tribunal is of the opinion that a hearing should be held to determine a motion for leave to intervene, the motion shall be disposed of at a time and in a manner determined by the Tribunal.

• Marginal note:Determination by Tribunal

  (2) The Tribunal may allow a motion for leave to intervene, with or without conditions, or refuse the motion.

Marginal note:Intervention allowed

47 If a motion for leave to intervene is allowed

• (a) the Registrar shall send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene was allowed;

• (b) on request, the intervenor may obtain copies of the documents on the list from the Registrar;

• (c) each party and each other intervenor shall serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene was allowed; and

• (d) access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.

Marginal note:Service of documents

48 Any document to be filed by an intervenor shall be served on each party and each other intervenor and shall be filed with proof of service.

Marginal note:Intervention by attorney general of a province

• 49 (1) If a notice of application relating to an application under section 86, 87 or 92 of the Act is filed, the Registrar shall serve the notice on the attorney general of each province.

• Marginal note:Date for filing notice

  (2) The Registrar shall inform the attorney general of each province of the date on or before which any notice of intervention under rule 50 must be filed.

Marginal note:Notice of intervention

• 50 (1) The attorney general of a province who decides to intervene in any proceedings before the Tribunal under section 86, 87 or 92 of the Act shall

  • (a) serve a notice of intervention on each party; and

  • (b) file the notice with proof of service within 10 days after the expiry of the period for filing a response.

• Marginal note:Content

  (2) A notice of intervention shall set out

  • (a) the title of the proceedings in which the attorney general is intervening;

  • (b) a concise statement of the nature of the interest of the attorney general in the proceedings;

  • (c) a concise statement of the matters in respect of which the attorney general will make representations on behalf of the province;

  • (d) the name of the party, if any, whose position the attorney general intends to support; and

  • (e) the official language that the attorney general intends to use in the proceedings.

• Marginal note:Service

  (3) The Registrar shall serve the notice of intervention on each other intervenor as soon as it is filed.

Marginal note:List of documents

51 If a notice of intervention is filed

• (a) the Registrar shall send to the attorney general a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed;

• (b) on request, the attorney general may obtain copies of the documents on the list from the Registrar;

• (c) each party and each other intervenor shall serve on the attorney general any document filed by them after the day on which the notice of intervention was filed; and

• (d) access by the attorney general to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.

Marginal note:Participation of an attorney general

• 52 (1) Subject to subsection 57(4) of the Federal Courts Act, the participation of an attorney general who has filed a notice of intervention is restricted to attending and making submissions at motions, case management conferences and the hearing of the application.

• Marginal note:Motion for leave to participate

  (2) The attorney general may at any time serve and file with proof of service a motion for leave to participate in the proceedings in a manner other than that set out in subrule (1).

Marginal note:Service of documents

53 Any document to be filed by an attorney general shall be served on each party and any other intervenor and shall be filed with proof of service.

Marginal note:Intervention by the Commissioner

• 54 (1) If the Commissioner intervenes in a proceeding under section 103.2 or subsection 124.2(3) of the Act, the Commissioner shall file a notice of intervention that sets out

  • (a) the title of the proceedings in which the Commissioner is intervening; and

  • (b) a concise statement of the matters on which the Commissioner wishes to make representations.

• Marginal note:Service

  (2) The Registrar shall serve the notice of intervention on each party as soon as it is filed.

Marginal note:Commissioner’s access to documents

55 If a notice of intervention is filed by the Commissioner,

• (a) the Registrar shall, within five days after the filing of the notice, send to the Commissioner a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed;

• (b) on request, the Commissioner may obtain copies of any of the documents on the list from the Registrar;

• (c) each party shall serve on the Commissioner any document that is filed by them after the day on which the notice of intervention is filed; and

• (d) access by the Commissioner to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.