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Canadian International Trade Tribunal Rules

Version of section 107 from 2006-03-22 to 2018-04-25:

  •  (1) When the complainant, the government institution or an intervener requests an expeditious determination of a complaint, the Tribunal shall consider the feasibility of using the express option procedure set out in subrule (5).

  • (2) The Tribunal may apply the express option in the case of any complaint that is suitable for resolution within 45 days.

  • (3) A request for the express option shall be made in writing and submitted to the Secretary not later than three days after a notice of inquiry is given under subsection 30.12(3) of the Act.

  • (4) The Tribunal shall determine whether or not to apply the express option within two days after receiving a request for it and shall notify the complainant, the government institution and all of the interveners of its determination.

  • (5) Where the express option is applied, the time limits set out in this Part for filing documents shall not apply and the following procedure shall be followed:

    • (a) the government institution shall, within 10 days after the day on which it is notified by the Tribunal that the express option is to be applied, file with the Tribunal a report on the complaint containing the material referred to in subrule 103(2);

    • (b) the Secretary shall, forthwith after receiving a report referred to in paragraph (a), send to the complainant a copy of the documents referred to in paragraph 103(3)(a) and make a copy of that material available to all interveners;

    • (c) the complainant and an intervener shall, within five days after the day on which the Secretary sends the statement of the government institution referred to in paragraph 103(2)(d) to the complainant pursuant to paragraph (b), file with the Secretary comments on that statement or a request that the case be decided on the existing record;

    • (d) the Secretary shall, forthwith after receiving the comments referred to in paragraph (c), send a copy thereof to the government institution and all interveners; and

    • (e) the Tribunal shall issue a determination on the complaint within 45 days after determining that the express option will be applied.

  • SOR/93-601, s. 3
  • SOR/2000-139, s. 61

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