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

Notice of Inquiry

85 If 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, a matter is referred to the Tribunal for inquiry and report, the Tribunal must cause to be published in the Canada Gazette a notice of inquiry setting out the following information:

• (a) the statutory authority for the inquiry;

• (a.1) the name of the complainant;

• (b) the imported goods that are the subject of the inquiry, including their tariff classification;

• (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 any person interested in the matter 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 inquiry may be obtained and non-confidential documents filed in the course of the inquiry may be inspected, as well as the name, address and telephone number of the office to be contacted for more information; and

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

Sending of Notice

86 The Tribunal shall send a copy of a notice of inquiry referred to in rule 85 to

• (a) where the inquiry is in relation to goods, all domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Tribunal;

• (b) where the inquiry is in relation to the provision of services, all persons who provide the services in Canada who are known to the Tribunal;

• (c) the government of any country that is considered by the Tribunal to have an interest in the inquiry; and

• (d) any trade association that appears to the Tribunal to have a particular interest in the inquiry.

• (e) [Repealed, SOR/2018-87, s. 76]

Hearing to be Held

• 87 (1) Notwithstanding that a notice of inquiry referred to in rule 85 states that the Tribunal has not directed that a hearing be held, the Tribunal may, at any time after publication of the notice in the Canada Gazette, direct that a hearing be held if, at any time after that publication, it considers that the holding of a hearing is necessary or desirable.

• (2) If, under subrule (1), the Tribunal directs that a hearing be held, it must cause to be published in the Canada Gazette a notice setting out that it has so directed.

• (3) Any notice given pursuant to subrule (2) shall include the information set out in paragraph 78(f).

Application of Certain Rules

88 Rules 59 and 60 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

PART XReferences Under Section 19 and Reviews Under Section 19.02 of the Act

Application

89 This Part applies in respect of

• (a) a standing reference made to the Tribunal under section 19 of the Act by the Minister for inquiry and report into

  • (i) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the General Preferential Tariff and that are being imported into Canada at the General Preferential Tariff rates of customs duty under section 33 of the Customs Tariff, or that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Least Developed Country Tariff and that are being imported into Canada at the Least Developed Country Tariff rates of customs duty under section 37 of the Customs Tariff, are causing or threatening injury to that producer, or

  • (ii) any written complaint made to the Tribunal by a domestic producer of goods alleging that like or directly competitive goods that originate in a country designated in the List of Countries set out in the schedule to the Customs Tariff as a beneficiary of the Commonwealth Caribbean Countries Tariff and that are being imported into Canada at the Commonwealth Caribbean Countries Tariff rates of customs duty under section 41 of the Customs Tariff, are causing or threatening injury to that producer; and

• (b) a review made under section 19.02 of the Act.

Complaints by Producers

• 90 (1) A written complaint by a domestic producer referred to in paragraph 89(a) shall be

  • (a) signed by the complainant or by the complainant’s counsel; and

  • (b) [Repealed, SOR/2018-87, s. 78]

  • (c) accompanied by the following information:

    • (i) the facts on which the allegations are based,

    • (ii) the nature of the relief sought,

    • (iii) the goods in issue,

    • (iv) the sources from which the goods are being imported at preferential rates,

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

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

    • (vii) a list of any other domestic producers of the goods referred to in the complaint, indicating which, if any, of those producers support the complaint,

    • (viii) the information referred to in paragraphs 83(d) and (e), and

    • (ix) such other information as is available to the complainant to prove the facts referred to in subparagraph (i).

• (2) If the Tribunal determines that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the domestic producer has suffered, or may suffer, injury as a result of imports occurring or that might occur under the tariff preferences referred to in paragraph 89(a), the Tribunal shall commence an inquiry into the complaint.

Notice of Expiration

91 If a temporary safeguard measure that has been implemented by the Government of Canada to prevent or remedy the injury caused to domestic producers by imports under the tariff preferences referred to in paragraph 89(a) is scheduled to expire, the Tribunal must, in order for it to receive and review written submissions that may be made by interested parties in relation to the future status of the measure, cause to be published in the Canada Gazette, not later than 10 months before the measure is scheduled to expire, a notice of expiry that sets out the following information:

• (a) the date on which the measure is scheduled to expire;

• (b) the statutory authority for the review of the measure;

• (c) the date on or before which any written submissions must be filed;

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

• (e) any other information that is relevant to the measure.

Application of Certain Rules

92 Rules 59, 60 and 85 to 87 apply, with any modifications that the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

Notice of Review Under Section 19.02 of the Act

92.1 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, it must cause to be published in the Canada Gazette, not later than five months before the review, a notice of review that sets out the following information:

• (a) the statutory authority for the review of the safeguard measure;

• (b) the date of the mid-point of the safeguard measure to be reviewed;

• (c) the subject-matter of the review;

• (d) the date on or before which a notice of participation or any written submissions must be filed;

• (e) the address of the Tribunal for the filing or service of documents and where information in respect of the review may be obtained; and

• (f) any other information that the Tribunal considers relevant to the review.

Sending of Notice of Mid-term Review

92.2 The Tribunal must send a copy of the notice of mid-term review referred to in rule 92.1 to other interested parties.

Disposal of Mid-term Review

92.3 A mid-term review referred to in rule 92.1 shall be decided on the basis of a hearing by way of written submissions unless the Tribunal, on its own initiative or on the written request of a party, decides to proceed by way of a hearing at which the parties or their counsel appear before the Tribunal or by way of an electronic hearing.

Application of Certain Rules

92.4 Rules 59 and 60 apply, with any modifications that the circumstances require, to a review referred to in rule 92.1.

PART XIInquiries into Procurement Complaints by Potential Suppliers

Definition

93 In this Part working day means a day that is not a Saturday or a holiday.

Application

94 This Part applies in respect of inquiries into complaints filed with the Tribunal by potential suppliers under subsection 30.11(1) of the Act.

Computation of Time

95 In this Part where anything is to be done within eight days or less, any day within that period that is not a working day shall not be counted.

Day of Filing of Complaints

• 96 (1) A complaint shall be considered to have been filed

  • (a) on the day it was received by the Tribunal; or

  • (b) in the case of a complaint that does not comply with subsection 30.11(2) of the Act, on the day that the Tribunal receives the information that corrects the deficiencies in order that the complaint comply with that subsection.

• (2) For the purpose of subrule (1), the day of receipt is the day stamped on the complaint or on the document containing the information that corrects the deficiencies.

97 [Repealed, SOR/2018-87, s. 85]

98 [Repealed, SOR/2018-87, s. 85]

99 [Repealed, SOR/2018-87, s. 85]

Sending of Complaint

100 If the Tribunal decides to conduct an inquiry under subsection 30.13(1) of the Act, it must, without delay send a copy of the complaint to the government institution.

Notice of Decision Not To Inquire

101 If the Tribunal decides not to conduct an inquiry for reasons other than those set out in subsection 30.13(5) of the Act, it must without delay notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

Exchange of Information

102 If a designated contract that is the subject of a complaint has been awarded, the following rules apply:

• (a) the government institution must, without delay upon being notified of the complaint, file with the Tribunal in writing

  • (i) the name and postal and email addresses of the contractor to whom the designated contract was awarded, and

  • (ii) if known by the government institution, the name of a representative of the contractor; and

• (b) the Tribunal must, without delay after receipt of the information, send the contractor a copy of all the information provided to the Tribunal as part of the complaint that has not been designated as confidential under section 46 of the Act.

Government Institution Report

• 103 (1) Subject to subrule 107(5), the government institution must, not later than 25 days after the first working day following the receipt of a copy of the complaint referred to in rule 100, file with the Tribunal a report containing a copy of

  • (a) the solicitation, including the specifications or portions of it that are relevant to the complaint;

  • (b) all other documents that are relevant to the complaint;

  • (c) a statement that sets out all findings, actions and recommendations of the government institution and that responds fully to all allegations that are contained in the complaint; and

  • (d) any additional evidence or information that may be necessary to resolve the complaint.

• (2) A copy of the complaint is considered to be received by a government institution only when the government institution is in receipt of all of the documents contained in the complaint, including all documents that contain confidential information.

Comments on Government Institution Report

104 Subject to subrule 107(5), the complainant must, within seven days after receipt of a copy of the report referred to in subrule 103(1), file with the Tribunal any comments on the report or make a written request to have the case decided on the basis of the existing record.