Canadian International Trade Tribunal Rules

61.1 (1) In this rule, a request for information includes a request for the production of a document.

(2) A party may direct a request for information to any other party.

(3) A party that makes a request for information shall file the request with the Tribunal and serve it on the other parties within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct.

(4) A request for information shall

• (a) be in writing;

• (b) set out the name of the party to whom it is addressed;

• (c) number each request for information consecutively;

• (d) explain how the request is relevant or necessary to the proceeding; and

• (e) be dated.

(5) If the party to whom the request is addressed refuses to give some or all of the information requested, that party must, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

• (a) if the party contends that some or all of the information requested is not relevant or necessary, give reasons in support of that contention;

• (b) if the party contends that some or all of the information requested is not available, give reasons for its unavailability and provide any other available information or documents that are of the same nature and to the same effect as the requested information; and

• (c) if the party makes any other contention, including a contention based on criteria referred to in paragraphs (7)(c) to (f), give reasons in support of that contention.

(6) The Tribunal may, on its own initiative or on the request of a party, refuse the request or grant all or part of it on the basis of criteria set out in subrule (7).

(7) For the purpose of subrule (6), the Tribunal shall take the following criteria into account:

• (a) the relevance and necessity of the information requested;

• (b) any contentions referred to in subrule (5);

• (c) the sufficiency of the information already on the record;

• (d) the availability of the information from other sources;

• (e) the ability or inability of the party to respond; and

• (f) any other matter relevant to the request.

(8) If the Tribunal orders the party to whom the request is addressed to provide some or all of the information requested, the party shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

• (a) serve on the other party

  • (i) a full and adequate response, in writing, for each question in the request,

  • (ii) a signed declaration that the responses are complete and correct to the best of the information and belief of the party providing the response, and

  • (iii) the information requested, or copies of it; and

• (b) file with the Tribunal copies of the responses and information in the number that the Secretary indicates are necessary for the Tribunal and the interested parties.

(9) A party to whom a request for information is directed complies with the order of the Tribunal if the party indicates to the other party which of its records contain the relevant information and

• (a) the party specifies in sufficient detail where the information may be found;

• (b) the burden of obtaining the information is substantially the same for either party; and

• (c) the party directing the request is given a reasonable opportunity to examine the records and make copies or summaries of them.

(10) If a party files a response or documents that contain confidential information, the party who provides the confidential information shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, file a non-confidential edited version or a non-confidential summary of the response in accordance with paragraph 46(1)(b) of the Act.

(11) If a party to whom a request for information is directed does not comply with this rule, the party who directed the request for information may request the Tribunal to order compliance.