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

Commencement of Appeal

• 31 (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal

  • (a) with the President and the Tribunal, in the case of an appeal under the Customs Act or the Special Import Measures Act; or

  • (b) with the Tribunal, in the case of an appeal under the Excise Tax Act or the Energy Administration Act.

• (2) The notice of appeal shall be accompanied by a copy of the assessment, reassessment, rejection, decision, determination or re-determination, as the case may be, from which the appeal is launched.

• (3) If the notice of appeal is filed by mail, the date of filing is the earliest postal date appearing on the envelope containing the document, and, in the absence of a proof of mailing, the date of filing is the date on which the document is received by the Tribunal, as evidenced by the date stamped on it.

Sending of Acknowledgement of Receipt and Notice of Appeal

32 Except in the case referred to in section 81.25 of the Excise Tax Act, the Tribunal must, without delay after the filing of a notice of appeal, send an acknowledgement of receipt of the notice to the appellant and a copy of the notice to the respondent.

33 [Repealed, SOR/2018-87, s. 29]

Brief

• 34 (1) The appellant must, within 60 days after receipt of an acknowledgement referred to in section 32,

  • (a) file with the Tribunal a brief prepared in accordance with subrules (2) and (3); and

  • (b) subject to rule 17, serve a copy of the brief without delay on the other parties, and send to the Tribunal a confirmation that the service has been effected.

• (2) A brief referred to in subrule (1) shall

  • (a) be dated and signed by the appellant or by the appellant’s counsel, if any;

  • (b) be numbered on each page;

  • (c) be divided into paragraphs that are numbered consecutively and that set out

    • (i) a statement of the grounds for appeal and of the material facts relevant to each ground,

    • (ii) a description of the goods in issue,

    • (iii) a statement of points in issue between the parties,

    • (iv) the statutory provisions relied on,

    • (v) the history of the proceeding before the filing of the notice of appeal,

    • (vi) the Tribunal’s jurisdiction to hear the appeal,

    • (vii) a brief statement of argument to be made at the hearing, and

    • (viii) the nature of the decision, order, finding or declaration sought;

  • (d) include a table of authorities on which the appellant intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal or as otherwise directed by the Tribunal;

  • (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

  • (f) contain the name, address for service, telephone number and email address of the appellant and of the appellant’s counsel, if any.

• (3) An appellant who intends to rely at the hearing

  • (a) on any documents or authorities that were not available or that could not be included in a brief filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;

  • (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and

  • (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.

Response

• 35 (1) The respondent must, within 60 days after the service of the appellant’s brief under rule 34, file a response with the Tribunal and, subject to rule 17, serve a copy of it on the other parties.

• (2) A response referred to in subrule (1) shall

  • (a) be dated and signed by the respondent or the respondent’s counsel, if any;

  • (b) be numbered on each page;

  • (c) be divided into paragraphs that are numbered consecutively and that set out

    • (i) a statement of the grounds of opposition to the appeal and of the material facts relevant to each ground,

    • (ii) an admission or denial of each ground and of each of the material facts relevant to each ground set out in the appellant’s brief,

    • (iii) the issues to be decided,

    • (iv) the statutory provisions relied on,

    • (v) the history of the proceeding before the filing of the notice of appeal,

    • (vi) the Tribunal’s jurisdiction to hear the appeal,

    • (vii) a brief statement of argument to be made at the hearing, and

    • (viii) the relief sought;

  • (d) include a table of authorities on which the respondent intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

  • (e) include a copy of any document that may be useful in explaining or supporting the appeal and any other information relating to the appeal that the Tribunal requires; and

  • (f) contain the name, address for service, telephone number and email address of the respondent and of the respondent’s counsel, if any.

• (3) A respondent who intends to rely at the hearing

  • (a) on any documents or authorities that were not available or that could not be included in a response filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;

  • (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and

  • (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.

Written Submissions and Documentary Evidence

36 The Tribunal may, at any time, direct a party to file with the Tribunal any written submissions, documents or evidence relating to an appeal.

36.1 [Repealed, SOR/2018-87, s. 33]

Time for Hearing

37 Where an appeal is to be disposed of by means of a hearing, the Tribunal shall fix a date for the hearing of the appeal.

Notice of Hearing

38 When the Tribunal has fixed the date for a hearing, it must notify all parties to the appeal and their counsel.

39 [Repealed, SOR/2018-87, s. 34]

Intervention by Vendor of Goods under Subsection 81.33(9) of the Excise Tax Act

40 An intervention referred to in subsection 81.33(9) of the Excise Tax Act may be made by filing with the Tribunal a request to intervene.

Contents of a Request To Intervene

40.1 A request to intervene must

• (a) include the nature of the interest of the person who wishes to be added as an intervener and the manner in which it may be affected;

• (b) set out a summary of the representations that would be made by the person and why their interest would not otherwise be adequately represented;

• (c) include the manner in which the person may assist the Tribunal in the resolution of the appeal; and

• (d) include any other relevant matters.

Intervener Added

• 41 (1) If a person files a request to intervene

  • (a) the Tribunal must serve a copy of the request to intervene on every person who is a party to the appeal when the notice is filed; and

  • (b) the parties to the appeal may make representations in respect of the notice.

• (2) The Tribunal must determine whether to add the person as an intervener on the basis of the information provided by that person under rule 40.1 or any other consideration that the Tribunal considers relevant.

• (3) If the Tribunal determines that the person is to be added as an intervener, the Tribunal must so notify the other parties to the appeal.

• (4) An intervener is entitled to receive from the Tribunal copies of all of the documents, other than documents which contain confidential information, that were filed by each party to the appeal prior to their being added as an intervener and, subject to rule 16, the counsel or expert for the intervener is entitled to have access to documents which contain confidential information.

• (5) Subject to rule 17, each party to the appeal must serve on the intervener copies of all of the documents served by that party on the other parties to the appeal on or after the day they are added as an intervener.

• (6) The Tribunal may limit an intervener’s submission to any matter that may assist the Tribunal in the resolution of the appeal.

42 [Repealed, SOR/2018-87, s. 38]

43 [Repealed, SOR/2018-87, s. 38]

Discontinuance

44 A party who instituted an appeal may, on or before the day fixed for the commencement of the hearing of the appeal, discontinue the appeal by filing a notice with the Tribunal and by serving without delay a copy of it on the other parties to the appeal.

45 [Repealed, SOR/2018-87, s. 39]

Failure to Appear

46 Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or give such other direction as is just.

47 [Repealed, SOR/2018-87, s. 40]

PART IIIReferences Under Subsection 33(2) of the Special Import Measures Act

Application

48 This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act.

Notice of Reference

49 A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal.

Sending of Notice to the President

50 If a reference is made by a person other than the President, the Tribunal must without delay give to the President written notice of the reference.

Information to be Filed by the President

51 Where a reference is made in relation to any matter before the President, the President shall file with the Tribunal

• (a) any written complaint made to the President under subsection 31(1) of the Special Import Measures Act in relation to that matter;

• (b) all information and material relating to that matter that was in the possession of the President when the President made the decision or reached the conclusion as a result of which the question was referred to the Tribunal; and

• (c) a list of the names and addresses of all persons and governments that, pursuant to that Act, were given notice of the decision or conclusion of the President as a result of which the question was referred to the Tribunal.