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Competition Tribunal Rules (SOR/2008-141)

Regulations are current to 2022-07-13

PART 4Interim or Temporary Orders (continued)

Application (continued)

Marginal note:Notice of application

  •  (1) Applications for interim or temporary orders and extensions to those orders shall be made by filing a notice of application, which shall set out the grounds for the application and the order sought.

  • Marginal note:Content

    (2) The notice of application shall be accompanied by any supporting affidavits that the applicant intends to rely on.

  • Marginal note:Service and filing

    (3) In respect of applications made under subsection 104(1) of the Act, rule 37 applies to the service and filing of the notice of application, with any modifications that the circumstances require.

Language of Hearing

Marginal note:Official language

 A person against whom an interim order or a temporary order is sought shall inform the Registrar as soon as possible of the official language that that person intends to use at the hearing.

Ex Parte Orders

Marginal note:Service of ex parte orders

  •  (1) Any ex parte order of the Tribunal shall be served by the Commissioner on the person against whom the order was obtained.

  • Marginal note:Time and manner of service

    (2) The time and manner for effecting service shall be established by the Tribunal according to the circumstances.

Application to Vary or Set Aside Interim Orders

Marginal note:Notice of application

  •  (1) An application under subsection 103.3(7) of the Act to vary or set aside an interim order under subsection 103.3(1) of the Act shall be made by filing an application that satisfies the requirements of rule 96.

  • Marginal note:Service

    (2) The applicant shall, within 48 hours after a notice of application is filed, serve the application referred to in subrule (1) on the Commissioner.

  • Marginal note:Proof of service

    (3) The applicant shall, within 48 hours after the service of the application, file proof of service.

PART 5Specialization Agreements

Marginal note:Notice of application

  •  (1) An application under subsection 86(1) of the Act for the registration of an agreement as a specialization agreement shall be made by filing a notice of application to which is appended a copy of the agreement.

  • Marginal note:Form and content

    (2) A notice of application shall be signed by the applicant or on behalf of the applicant and shall set out, in numbered paragraphs,

    • (a) the name and address of each party to the agreement;

    • (b) whether the agreement has been entered into or is about to be entered into;

    • (c) a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the agreement is a specialization agreement and that implementation of the agreement will achieve the results described in paragraph 86(1)(a) of the Act;

    • (d) a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the circumstances described in paragraph 86(1)(b) of the Act exist;

    • (e) the period for which registration of the agreement is requested; and

    • (f) the official language that the applicant intends to use in the proceedings.

  • Marginal note:Service

    (3) The applicant shall, within five days after a notice of application is filed, serve the notice on the Commissioner.

  • Marginal note:Proof of service

    (4) The applicant shall, within five days after service of the notice of application, file proof of service.

Marginal note:Notice of appearance

  •  (1) The Commissioner may, within 14 days after being served with a notice of application in accordance with subrule 100(3), serve a notice of appearance on the applicant and shall file it with proof of service.

  • Marginal note:Service and filing

    (2) The Commissioner shall, within 30 days after serving a notice of appearance,

    • (a) serve on the applicant a concise statement of the grounds on which the application is opposed or supported and the material facts relevant to those grounds on which the Commissioner relies; and

    • (b) file the statement with proof of service.

Marginal note:Motion for registration

  •  (1) If the Commissioner has not filed a notice of appearance or a statement within the applicable period set out in subrule 101(1) or (2), the applicant may move for an order directing that the agreement be registered.

  • Marginal note:Decision

    (2) On a motion under 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:Reply

  •  (1) An applicant may, within 14 days after being served with a statement, serve on the Commissioner a reply dealing with the matters raised in the statement.

  • Marginal note:Filing

    (2) The applicant shall file the reply with proof of service.

  • Marginal note:Deemed denied

    (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 statement.

Marginal note:Modification and removal

 The provisions of this Part relating to an application for the registration of an agreement apply, with any modifications that the circumstances require, to every application

  • (a) under subsection 87(1) of the Act with respect to the registration of a modification to a specialization agreement; or

  • (b) under subsection 87(2) of the Act with respect to the removal of a specialization agreement or of a modification to a specialization agreement from the register.

PART 6Consent Agreements

Marginal note:Application of Part

 This Part applies in respect of all consent agreements filed under sections 74.12 and 105 of the Act.

Marginal note:Registration of consent agreements

  •  (1) A consent agreement under section 74.12 or 105 of the Act shall be made by filing the agreement.

  • Marginal note:Content

    (2) The consent agreement shall be signed by the parties to the agreement and shall set out

    • (a) the sections of the Act under which the agreement is made;

    • (b) the name and address of each person in respect of whom the agreement is sought; and

    • (c) the terms of the agreement.

  • Marginal note:Translation

    (3) A translation of the consent agreement in the other official language shall be filed within 10 days after the filing of the agreement.

PART 7References

Marginal note:Application of Part

 This Part applies to every reference made to the Tribunal under section 124.2 of the Act.

Marginal note:Notice of reference

  •  (1) A reference shall be made by filing a notice of the reference under subsection 124.2(2) of the Act or a joint notice under subsection 124.2(1) of the Act that sets out

    • (a) the name of the applicant; and

    • (b) the question being referred.

  • Marginal note:Reference record

    (2) A notice of reference shall be accompanied by a reference record, which may include any affidavit setting out the facts on which the reference is based or an agreed statement of facts, and shall include a memorandum of fact and law.

Marginal note:Service

  •  (1) In the case of a reference made by the Commissioner and arising in proceedings before the Tribunal, the Commissioner shall serve the notice of reference and the reference record on all other parties to the proceeding and on any intervenors.

  • Marginal note:Service by other parties

    (2) Any other party to the proceedings in which the reference arises may serve and file a responding reference record within 14 days after being served with the notice of reference.

Marginal note:Amicus curiae

  •  (1) Without restricting the general powers of the Tribunal to appoint an amicus curiae in appropriate circumstances, the Tribunal may appoint an amicus curiae when the Commissioner files a notice of reference under subsection 124.2(2) of the Act.

  • Marginal note:Fees and disbursements

    (2) The fees and disbursements related to the amicus curiae shall be fixed by the Tribunal and be paid by the party designated by the Tribunal after hearing submissions.

Marginal note:Leave to refer in a private access case

  •  (1) An application for leave to refer a question to the Tribunal under subsection 124.2(3) of the Act shall be made by filing a notice of the application for leave.

  • Marginal note:Content

    (2) The notice of application for leave shall include the following information and documents:

    • (a) the name of the applicant;

    • (b) the notice of reference;

    • (c) an affidavit setting out the facts to be relied on, if any; and

    • (d) a memorandum of fact and law.

Marginal note:Notice to the Commissioner

 The parties shall, within five days after a notice of application for leave to refer a question is filed, serve the notice of the application for leave on the Commissioner.

Marginal note:Power of Tribunal

  •  (1) The Tribunal may grant an application for leave to refer a question, with or without conditions, or refuse the application.

  • Marginal note:Leave granted

    (2) If leave is granted, a notice of reference shall be filed, accompanied by the reference record, in accordance with rule 108.

PART 8Private Access

Marginal note:Application of Part

 This Part applies to applications for leave under subsection 103.1(1) of the Act and to consent agreements filed by persons other than the Commissioner.

Marginal note:Application for leave

  •  (1) An application under subsection 103.1(1) of the Act for leave to make an application under section 75 or 77 of the Act shall be made by filing an application for leave including an affidavit setting out the facts in support of the proposed application, a proposed notice of application and a memorandum of fact and law.

  • Marginal note:Information

    (2) The proposed notice of application under section 75 or 77 of the Act shall set out the information referred to in subrule 36(2).

Marginal note:Service

  •  (1) The applicant shall, within five days after the application for leave is filed, serve a copy of the application for leave on each person against whom an order is sought and on the Commissioner.

  • Marginal note:Proof of service

    (2) The applicant shall, within five days after the service of the copy of the application for leave, file proof of service.

Marginal note:Certification by the Commissioner

 The certification by the Commissioner under subsection 103.1(3) of the Act shall be made by filing a letter.

Marginal note:Notice by the Tribunal

 The Tribunal shall, within five days after receiving the Commissioner’s certification, notify the applicant, the Commissioner and any person against whom an order is sought under section 75 or 77 of the Act as to whether the hearing of the application for leave is precluded by the operation of subsection 103.1(4) of the Act.

Marginal note:Representations in writing

  •  (1) A person served with an application for leave referred to in rule 115 who wishes to oppose the application shall, within 15 days after receiving the Tribunal’s notice under rule 118,

    • (a) serve a copy of their representations in writing on the applicant, on any other person against whom the order is sought and on the Commissioner; and

    • (b) file the representations with proof of service.

  • Marginal note:Content

    (2) Representations in writing shall contain a memorandum of fact and law and shall set out the official language the person opposing the application intends to use.

  • Marginal note:Affidavit evidence

    (3) Representations in writing shall not contain affidavit evidence, except with leave of the Tribunal.

Marginal note:Reply

 The person making an application for leave under section 103.1 of the Act may serve a reply on each person against whom an order is sought and on the Commissioner within seven days after being served with the representations in writing under rule 119 and shall file the reply with proof of service.

Marginal note:Decision without oral hearing

 The Tribunal may render its decision on the basis of the written record without a formal oral hearing.

Marginal note:Power of Tribunal

 The Tribunal may grant the application for leave to make an application, with or without conditions, or refuse the application.

Marginal note:Service

 The Registrar shall serve the decision without delay on the applicant, on each person against whom an order is sought and on the Commissioner who may intervene under section 103.2 of the Act.

Marginal note:Leave granted

  •  (1) If leave is granted in full, the notice of application that the applicant proposed to file is, for the purposes of the proceedings, deemed to have been filed and served on the date on which the order granting leave was made.

  • Marginal note:Leave granted in part

    (2) If leave is granted in part, an amended notice, in accordance with the order granting leave, shall be filed and served within five days after the order is made.

Marginal note:Registration

 The filing of a consent agreement by parties to a private action under section 106.1 of the Act shall be made in accordance with rule 106.

 
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