Canadian International Trade Tribunal Rules

13 (1) Subject to rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, the following rules apply to the service of documents:

• (a) if a document is required to be served personally, the service shall be made

  • (i) on an individual, by leaving a copy of it with the individual,

  • (i.1) on a general partnership, by leaving a copy of it with one of the partners,

  • (ii) on a corporation, by leaving a copy of it with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to manage or be in control of the place of business, and

  • (iii) in any other case, in any manner that the Tribunal determines is just and equitable in the circumstances; and

• (b) if a document is not required to be served personally, the service shall be made at the address for service of the party.

(2) [Repealed, SOR/2000-139, s. 6]

(3) The address for service of a party shall be

• (a) where there is a counsel of record for a party, the business address of the counsel as shown on the most recent document filed by the counsel that shows the counsel’s address; and

• (b) where there is no counsel of record

  • (i) in the case of the Minister of National Revenue or the President, the Office of the Deputy Attorney General of Canada in Ottawa, or

  • (ii) in the case of any other party, the address of the party as shown on the most recent document filed by the party that shows the party’s address.

(4) The service of a document at an address for service must be made by sending it to the address for service by hand, mail, registered mail, courier or electronic transmission.

(5) A document that is served by fax must be accompanied by a cover page setting out

• (a) the sender’s name, postal and email addresses and telephone and fax numbers;

• (b) the name of the person to be served;

• (c) the total number of pages transmitted, including the cover page;

• (d) the title or description of the document transmitted; and

• (e) the name, telephone number and email address of a person to contact if transmission problems occur.

(5.1) A document that is served by email must be accompanied by an electronic message setting out

• (a) the sender’s name, telephone number, postal and email addresses;

• (b) the name of the person to be served;

• (c) the title or description of the document transmitted; and

• (d) the name, telephone number and email address of a person to contact if transmission problems occur.

(6) In the absence of proof to the contrary, the date of service of a document is

• (a) if the document is served personally, the date of delivery;

• (b) if the document is served by mail or registered mail, the date that is five days after the earliest postal date appearing on the envelope containing the document;

• (c) if the document is served by electronic transmission, the date of the transmission; and

• (d) if the document is served by courier, the date of receipt indicated on the courier receipt.

(7) If a document is required under these Rules to be served by a party or by direction of the Tribunal, the Tribunal may direct that a proof of service be filed with the Tribunal.

(8) A proof of service of a document shall be made by showing

• (a) an acknowledgement of service signed by or on behalf of the person served; or

• (b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.