|
|
|
español - français - português |
Search
|
|
|
|
español - français - português |
|
Search
|
|
Rules Amending the Canadian International Trade Tribunal Rules AMENDMENTS 1. (1) The definitions “Deputy Minister”, “fax” and “Form” in rule 2 of the Canadian International Trade Tribunal Rules 1 are repealed.
(2) The definitions “interested party”, “intervener " 2 , “party”2 and “respondent” in rule 2 of the Rules are replaced by the following:“interested party”, in relation to an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, means (a) the complainant, if any, under section 31 of that Act in the investigation in which the preliminary determination referred to in section 42 of that Act was made, (b) any domestic producer, exporter to Canada or importer into Canada of goods in respect of which the preliminary determination was made, (c) an association of, or that includes, domestic producers, exporters to Canada or importers into Canada of goods in respect of which the preliminary determination was made, (d) the government of any country mentioned in the preliminary determination, and (e) any other person who, because their rights or pecuniary interests may be affected or for any other reason, is entitled to be heard by the Tribunal before the Tribunal disposes of the inquiry or the review, as the case may be, in accordance with that Act; (partie intéressée) “intervener” means a person who (a) files a notice of intervention referred to in rule 39 or40 and has been added as an intervener, (b) is permitted to intervene under an order of the Tribunal referred to in rule 42, or (c) is an interested party that has been granted leave of the Tribunal to intervene in any proceedings in relation to a complaint under section 30.17 of the Act; (intervenant) “party” means (a) in the case of an inquiry under section 42 or 45 of the Special Import Measures Act or a review under section 76.01, 76.02, 76.03 or 76.1 of that Act, an interested party who has filed a notice of participation in the inquiry or review, as the case may be, in accordance with these Rules, (b) in the case of a proceeding under section 89 or paragraph 91(1)(g) of the Special Import Measures Act, a person to whom notice has been sent under subrule 76(2) or rule 79, if the person has (i) filed a notice of participation in accordance with these Rules, or (ii) if no hearing is to be held in the proceeding, made a written submission to the Tribunal, (c) in the case of an appeal, the appellant, the respondent or an intervener, (d) in the case of a complaint under subsection 30.11(1) of the Act, the complainant, the government institution or an intervener, and (e) in the case of any other proceeding, a person who has an interest in the subject-matter of the proceeding and who has (i) filed a notice of participation in that proceeding in accordance with these Rules, or (ii) been given status by the Tribunal to be a party in that proceeding;(partie) “respondent” means the Minister of National Revenue or the Commissioner, as the case may be; (intimé) (3) Rule 2 of the Rules is amended by adding the following in alphabetical order: “address” includes an address for electronic transmission; (adresse) “Agency” means the Canada Customs and Revenue Agency established by the Canada Customs and Revenue Agency Act; (Agence) “Commissioner” means the Commissioner of Customs and Revenue appointed under section 25 of the Canada Customs and Revenue Agency Act;(commissaire) “document” includes any written documentation, film, photograph and audio tape and any information stored by electronic means ; (document) “electronic hearing” means a hearing held by telephone or video conference, or by any other electronic means by which parties can communicate with each other and the Tribunal orally; (audience électronique) “electronic transmission” includes communication by fax or electronic mail or by any other electronic means by which parties can communicate; (transmission électronique) “hearing by way of written submissions” means a hearing held by the exchange of documents; (audience sur pièces) “other interested party” has the same meaning as in section 3 of the Canadian International Trade Tribunal Regulations; (autres intéressés) 2. Rule 6 of the Rules is replaced by the following: 6. The Tribunal may dispense with, vary or supplement any of these Rules if it is fair and equitable to do so or to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit. Combining of Proceedings 6.1 The Tribunal may, on its own initiative or on the written request of a party, combine two or more proceedings to provide for a more expeditious or informal process, as the circumstances and considerations of fairness permit. 3. Rule 8 of the Rules is replaced by the following: 8. If it is fair and equitable to do so, the Tribunal may extend or abridge the time limits fixed by these Rules or otherwise fixed by the Tribunal, either before or after their expiry. 4. Rule 10 of the Rules and the heading before it are re-placed by the following: Participation 10. (1) A person who proposes to participate in a proceeding, other than a proceeding under Part II or Part X, shall file with the Tribunal a notice of participation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be. (2) If a person referred to in subrule (1) sets out, in the notice of participation, the name of the counsel by whom they will be represented, the counsel shall file with the Tribunal a notice of representation on the relevant Tribunal form on or before the date that is specified in the notice published in the Canada Gazette under rule 54, 65, 71, 73.1, 73.5, 76, 78 or 85, as the case may be. 5. Rule 122 of the Rules is replaced by the following: 12. (1) Subject to subrule (2) and rule 17 and in addition to the provisions of the Excise Tax Act in respect of appeals under Part VII of that Act, each document required or permitted by these Rules to be filed shall be filed by sending to the Secretary, by hand, mail or electronic transmission, (a) in the case of an appeal, the original and five copies of the document and the number of additional copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties; and (b) in all other proceedings, the original document and the number of copies of it that the Secretary indicates are necessary for the Tribunal and all of the parties. (2) A party may make a written request to the Tribunal to file a document as a single copy exhibit. (3) A document that is filed by electronic transmission shall include the following information on the first page: (a) the name, address and telephone and fax numbers of the sender; (b) the date and time of the transmission; (c) the total number of pages transmitted; and (d) the name, address and telephone number of a person to contact if transmission problems occur. (4) When a document is filed by electronic transmission, the sender must immediately send to the Secretary the original document and the number of copies required under subrule (1). (5) Subject to subrule 31(3) and rule 96, the date of filing of a document is (a) where the document is filed by electronic transmission, the date of transmission; and (b) in any other case, the date on which the document is received by the Tribunal, as evidenced by the date stamped on the document by the Secretary. Official and Other Languages 12.1 (1) Subject to subrule (2), all documents filed with the Tribunal must be in English or French. (2) A person may file an original document in a language other than English or French if, at the same time, the person also files a translation of it in English or French and an affidavit attesting to the accuracy of the translation. If the document is required to be served, the translation and affidavit must be served at the same time. 6. (1) Subrules 13(1) and (2) of the Rules are replaced by the following: 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, (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) Subparagraph 13(3)(b)(i) of the Rules is replaced by the following: (i) in the case of the Minister of National Revenue or the Commissioner, the Office of the Deputy Attorney General of Canada in Ottawa, or (3) Subrules 13(4) to (8) of the Rules are replaced by the following: (4) The service of a document at an address for service shall be made (a) by sending it to the address for service by mail, by registered mail or by electronic transmission; or (b) by leaving it at the address for service. (5) A document that is served by electronic transmission shall include the following information: (a) the name, address and telephone and fax numbers of the sender; (b) the name of the person to be served; (c) the date and time of the transmission; (d) the total number of pages transmitted; and (e) the name, address and telephone number 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 or by leaving it at the address for service, 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; and (c) if the document is served by electronic transmission, the date of the transmission. (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. 7. The Rules are amended by adding the following after rule 13: Means of Transmission 13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, notifying, servicing or filing may be done by hand, mail, registered mail or electronic transmission. 8. Rules 15 to 17 of the Rules are replaced by the following: 15.(1) If a person provides confidential information to the Tribunal under paragraph 46(1)(a) of the Act, the person shall file with the Tribunal a document marked “confidential” that contains all of the information and that identifies the portions that have been deleted from the non-confidential edited version or the non-confidential summary under paragraph 46(1)(b) of the Act, which edited version or summary shall also be filed with the Tribunal. (2) Except for the purposes of Part II and Part X, the filing of the documents referred to in sub rule (1) is completed when all of them have been filed, and, if they are filed on different dates, the date of filing is the date on which the most recent document is filed. Disclosure of Information to Counsel or to Expert 16. (1) For the purpose of section 45 of the Act, a counsel for a party, other than a counsel who is not a resident of Canada or who is a director, servant or employee of the party, who wishes access to confidential information provided to the Tribunal shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that counsel’s disposal of the confidential information at the close of the proceeding or in the event of a change of counsel. (2) For the purpose of section 45 of the Act, a counsel for a party who is not a resident of Canada who wishes access to confidential information provided to the Tribunal shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that counsel’s disposal of the confidential information at the close of the proceeding or in the event of a change of counsel. (3) A person who is recognized by the Tribunal as an expert, who is acting under the control and direction of a counsel to whom confidential information has been disclosed and who wishes access to some or all of the confidential information shall provide the Tribunal with a declaration and undertaking on the relevant Tribunal form in respect of the use, disclosure, reproduction, protection and storage of the confidential information in the record of a proceeding, as well as that expert’s disposal of the confidential information at the close of the proceeding or in the event of a change of expert. (4) Any party or interested person may request, by way of notice of motion in accordance with rule 24, that the Tribunal not disclose some or all of the confidential information to a counsel or expert. (5) The Tribunal shall notify counsel, including counsel referred to in subrule (2), and the expert, if any, of its decision whether or not to disclose the confidential information and on what terms and conditions such disclosure would be made, and, in the case of a decision not to disclose the information, the Tribunal shall serve its decision in writing, with reasons, on the counsel and the expert. Filing and Communication of Confidential Information 17. Subject to any other provisions of these Rules, confidential information shall be filed with the Tribunal and may be served only by the Tribunal. 9. (1) Paragraph 18(1)(f) of the Rules is replaced by the following: (f) any other matter that is relevant to the hearing. (2) Subrules 18(3) to (5) of the Rules are replaced by the following: (3) On receipt of a request referred to in subrule (2), the Tribunal may direct that a pre-hearing conference be held if it determines that a pre-hearing conference would assist in the orderly conduct of the hearing. (4) The Tribunal may conduct the pre-hearing conference in any manner that gives the parties or their counsel a fair opportunity to participate. 10. (1) Subrule 20(2) of the Rules is replaced by the following: (2) A party may obtain a subpoena by making a request on the relevant Tribunal form that sets out the name, address and telephone and fax numbers of the party and of the person to be subpoenaed. (2) Subrule 20(4) of the Rules is replaced by the following: (4) When a subpoena is served on a person, the original copy of the subpoena shall be filed with the Tribunal forthwith, together with proof of service on the person. 11. Subrules 21(2) and (3) of the Rules are repealed. 12. The heading before Rule 22 and Rules 22 and 23 of the Rules are replaced by the following: Experts 22. (1) A party who intends to call an expert as a witness at a hearing shall, not less than 20 days before the hearing, file with the Secretary and serve on the other parties a report, signed by the expert, setting out the expert’s name, address, qualifications and area of expertise and a detailed outline of the expert’s testimony. (2) A party on whom a copy of a report has been served and who wishes to rebut with expert evidence any matter set out in the report shall, not less than 10 days before the hearing, file with the Secretary a statement setting out the evidence to be introduced in rebuttal and serve a copy of the statement on the other parties. (3) The report referred to in subrule (2) shall be signed by the expert and set out the expert’s name, address, qualifications and area of expertise and a detailed outline of the expert’s testimony. Hearings 23. (1) Subject to subrule (2), all of the hearings at which the parties or their counsel may appear before the Tribunal are public. (2) The Tribunal may hold a hearing or any part of one in camera, (a) on its own initiative or on the request of a party, for the purpose of receiving confidential information; or (b) on the request of a party in which the party establishes that the circumstances justify an in camera hearing. (3) When the Tribunal holds a hearing or part of one in camera, the hearing or part may be attended only by (a) a person who is to present confidential information and anyone whom the person requests be permitted to attend; (b) counsel for a party who has been granted access to confidential information under rule 16; (c) officers or employees of the Tribunal who have been directed to attend; and (d) any other person whom the Tribunal authorizes to attend. (4) A party who requires oral translation in any given language in order to participate in or have a witness testify at a hearing, other than at a hearing by way of written submissions, shall notify the Tribunal in writing of the requirement and of the language of translation, at least 30 days before the hearing. (5) The Tribunal may permit a party to provide their own oral translation in order to participate in or have a witness testify at a hearing, other than a hearing by way of written submissions, if the party makes a request in writing at least 30 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances. Requests for Decision or Order 23.1 (1) A party may make a request to the Tribunal for a decision or order on any matter that arises in the course of a proceeding, other than in respect of a matter referred to in rule 33, 42 or 43. (2) The party who makes the request shall serve a copy of it on the other parties at the same time as it is filed with the Tribunal. 13. Subrules 24(1) and (2) of the Rules are replaced by the following: 24. (1) The Tribunal shall proceed by way of notice of motion if (a) it decides not to proceed by way of written request under rule 23.1; or (b) these Rules so specify. (2) A notice of motion shall be in writing and set out (a) a clear and concise statement of the facts, which must be accompanied by an affidavit if the Tribunal so directs; and (b) the decision or order sought and the grounds for seeking it. 14. The heading before rule 25 and rules 25 and 26 of the Rules are replaced by the following: Late Filing 24.1 (1) Except in the case of rule 33, if a party is unable or fails to file a notice, statement, report, subpoena, brief, response to a questionnaire or other document within the applicable time limit, the party may make a written request to the Tribunal for permission to file that document. (2) A request under subrule (1) shall be made by filing the request and eight copies of it. (3) The request must set out (a) the relevance of the document; and (b) the reasons why the document was not filed on time and why it should be accepted. (4) The Tribunal may allow the document to be filed, in whole or in part, if it determines that to do so is fair and equitable in the circumstances. (5) The Tribunal shall notify the parties of its decision under subrule (4). Type of Hearing 25. Unless otherwise required by these Rules, the Tribunal may decide to proceed by (a) way of a hearing at which the parties or their counsel appear before the Tribunal; (b) way of electronic hearing; (c) way of a hearing by way of written submissions; or (d) any combination of the ways referred to in paragraphs (a) to (c). Hearing by Way of Written Submissions 25.1 When the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice to that effect and may (a) dispose of the matter on the basis of the written documentation before it; (b) require further information to be furnished by any party; and (c) invite submissions from any party or any person who may have an interest in the matter. Electronic Hearing 25.2 When the Tribunal decides to proceed by way of an electronic hearing, the Tribunal shall publish in the Canada Gazette a notice of hearing and send a copy to the known parties before the hearing. Postponements and Adjournments of Hearings 26. (1) The Tribunal may, on its own initiative or on the request of a party, postpone or adjourn a hearing, and, in determining whether to grant the request, the Tribunal shall consider, in addition to any other relevant factors, whether a similar issue is being considered before another court whose determination could impact on the matter being heard, whether any prejudice would result if the postponement or adjournment were granted or not granted and whether a postponement or adjournment would unreasonably delay or impede the proceedings. (2) A request for a postponement shall be made at least 10 days before the hearing and shall set out the reasons for the postponement. (3) The Tribunal shall notify the parties of its decision under subrule (1). 15. The heading before rule 27 of the French version of the Rules is replaced by the following: Communication of Information 16. (1) Subrule 28(1) of the Rules is replaced by the following: 28. (1) If the Tribunal makes a decision, declaration, determination, recommendation, order, finding or other ruling in a proceeding, the Secretary shall, forthwith after it is made, send, subject to paragraph 43(2)(a), subparagraphs 76.01(6)(a)(i) and 76.02(5)(a)(i) and subsections 76.03(5) and (6) of the Special Import Measures Act, a copy of it, to each party and to each person who was provided with a notice of commencement of the proceeding. (2) Subrule 28(3) of the Rules is replaced by the following: (3) If the Secretary is required by paragraph 43(2)(b), subparagraph 76.01(6)(a)(ii) or 76.02(5)(a)(ii) or subsection 76.03(5) of the Special Import Measures Act to send a copy of the reasons for making an order or finding in a proceeding to the persons specified in subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a)or subsection 76.03(5) or (6) of that Act, as the case may be, the Secretary shall also send a copy of the reasons to every other person who was provided with a notice of commencement of the proceeding. 17. Rule 29 of the Rules is amended by striking out the word “or” at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) decide the matter in issue on the basis of the information on the record; or (c) make any order that it considers just and equitable in the circumstances, including a dismissal order. 18. The portion of paragraph 30(a) of the Rules before subparagraph (i) is replaced by the following: (a) an appeal from an assessment, reassessment, rejection, decision or determination of the Minister of National Revenue or from a decision or re-determination of the Commissioner, as the case may be, pursuant to 19. (1) The portion of subrule 31(1) of the Rules before paragraph (b) is replaced by the following: 31. (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal (a) with the Commissioner and the Secretary, in the case of an appeal under the Customs Act or the Special Import Measures Act; or (2) Subrule 31(2) of the Rules is replaced by the following: (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 the document by the Secretary. 20. Rule 33 of the Rules is replaced by the following: 33. An application referred to in section 81.32 of the Excise Tax Act for an extension of time for the serving of a notice of objection or for the institution of an appeal may be made on the relevant Tribunal form. 21. (1) Subrule 34(1) of the Rules is replaced by the following: 34. (1) The appellant shall, within 60 days after filing a notice of appeal under rule 31, file with the Secretary a brief prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the respondent. (2) Paragraph 34(2)(d) of the Rules is replaced by the following: (d) 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 (3) Rule 34 of the Rules is amended by adding the following after subrule (2): (3) An appellant who intends to rely at the hearing (a) on any documents or authorities that were not previously filed with the Tribunal as part of a brief shall, not less than 10 days before the hearing, file them with the Secretary, and subject to rule 17, serve them on the other parties; and (b) on any physical exhibit shall, not less that 10 days before the hearing, file it with the Secretary and notify the other parties of the filing. 22. (1) Subrule 35(1) of the Rules is replaced by the following: 35. (1) The respondent shall, within 60 days after the service of the appellant’s brief under rule 34, file with the Secretary a response prepared in accordance with subrules (2) and (3) and, subject to rule 17, forthwith serve a copy of the brief on the appellant. (2) Paragraph 35(2)(d) of the Rules is replaced by the following: (d) 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 (3) Rule 35 of the Rules is amended by adding the following after subrule (2): (3) A respondent who intends to rely at the hearing (a) on any documents or authorities that were not previously filed with the Tribunal as part of a response shall, not less than 10 days before the hearing, file them with the Secretary and, subject to rule 17, serve them on the other parties; and (b) on any physical exhibit shall, not less than 10 days before the hearing, file it with the Secretary and notify the other parties of the filing. 23. Rule 36 of the Rules is replaced by the following: 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. Hearing by Way of Written Submissions 36.1 If, on the Tribunal’s own initiative or on the written request of a party, the Tribunal decides to hold a hearing by way of written submissions, the Tribunal shall publish a notice of hearing in the Canada Gazette that (a) includes the manner and time for the filing of briefs by the parties; and (b) if appropriate, requires the appellant and respondent to file an agreed statement of any relevant facts. 24. Rules 38 to 40 of the Rules are replaced by the following: 38. When the Tribunal has fixed the date for a hearing, the Secretary shall notify, in writing, all of the parties to the appeal and their counsel. Notice of Intervention in an Appeal under the Customs Act or the Special Import Measures Act 39. An appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act may be made by filing with the Secretary a notice of intervention on the relevant Tribunal form. 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 Secretary a notice of intervention on the relevant Tribunal form.
Notice of Intervention 40.1 A person who files a notice of intervention referred to in rule 39 or 40 shall specify (a) the nature of their interest in the appeal; (b) the reason why their intervention is necessary; (c) how the person may assist the Tribunal in the resolution of the appeal; and (d) any other relevant matters. 25. Subrules 41(1) and (2) of the Rules are replaced by the following: 41. (1) If a person has filed a notice of intervention under rule 39 or 40 and the Tribunal determines that, in the interests of fairness and equity, the parties to the appeal should be given an opportunity to make representations in respect of the intervention, the Secretary shall serve a copy of the notice on every person who is a party when the notice is filed. (2) If the Tribunal determines that the person referred to in subrule (1) shall be added as an intervener, the Secretary shall send a written notice to that effect to the other parties to the appeal. 26. Subrule 42(1) of the Rules is replaced by the following: 42. (1) An application referred to in subsection 81.34(1) of the Excise Tax Act for an order permitting a person to intervene in an appeal may be made on the relevant Tribunal form. 27. Rules 43 and 44 of the Rules are replaced by the following: 43. An application referred to in subsection 81.34(2) of the Excise Tax Act for an order permitting a person to render assistance to the Tribunal by way of argument in an appeal may be made on the relevant Tribunal form. 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 with the Secretary a notice of discontinuance on the relevant Tribunal form and by serving forthwith a copy of it on the other parties to the appeal. 28. Rules 47 and 48 of the Rules are replaced by the following: 47. (1) When a matter is referred back to the Tribunal by the Federal Court for re-hearing under subsection 68(2) of the Customs Act or for re-hearing under paragraph 62(2)(b)of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of re-hearing that sets out the following information: (a) the subject-matter of the re-hearing; (b) the statutory authority for and the circumstances leading to the re-hearing; and (c) any other information that is relevant to the re-hearing that the Tribunal specifies. (2) The Secretary shall send a copy of the notice referred to in subrule (1) to each party to the appeal. (3) After the publication of the notice referred to in subrule (1), the Tribunal may fix a time and place for a pre-hearing conference for the purpose of deciding the following matters: (a) the issues to be addressed in the re-hearing; (b) the record of the re-hearing; (c) the introduction of new evidence, the calling of witnesses and the filing of any written submissions; (d) the date of the re-hearing; and (e) any other matter respecting the procedure to be followed in the re-hearing that would aid in its orderly conduct.
PART III Application 48. This Part applies to a reference made to the Tribunal under subsection 33(2) of t he Special Import Measures Act. 29. The heading before rule 50 and rules 50 and 51 of the Rules are replaced by the following: Sending of Notice to the Commissioner 50. Where a reference is made by a government or by a person other than the Commissioner, the Secretary shall forthwith give to the Commissioner written notice of the reference of the question to the Tribunal. Information to be Filed by the Commissioner 51. Where a reference is made in relation to any matter before the Commissioner, the Commissioner shall file with the Tribunal (a) any written complaint made to the Commissioner pursuant to 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 Commissioner when the Commissioner 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 Commissioner as a result of which the question was referred to the Tribunal. 30. Subrules 52(2) and (3) [3] of the Rules are replaced by the following:(2) Where the Tribunal has rendered its advice, the Secretary shall forthwith send a copy of the advice to the Commissioner and to every person and government named in the list referred to in paragraph 51(c). (3) If the Tribunal terminates a proceeding under paragraph 35.1(1)(b) or, if applicable, 35.1(1)(c) of the Special Import Measures Act, the Secretary shall give notice of the termination to the Commissioner and to every person and government named in the list referred to in paragraph 51(c). 31. The Rules are amended by adding the following after section 52:
PRELIMINARY INQUIRIES UNDER
SUBSECTION 34(2) OF Application 52.1 This Part applies to a preliminary injury inquiry conducted by the Tribunal under subsection 34(2) of the Special Import Measures Act as a consequence of the receipt by the Secretary of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods. Notice of Commencement of Preliminary Inquiry 52.2 When a notice of initiation of an investigation of dumping or subsidizing is filed with the Secretary, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of a preliminary inquiry that sets out the following information: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the preliminary inquiry may be obtained; and (i) any other information that is relevant to the preliminary injury inquiry that the Tribunal specifies. Sending of a Notice of Commencement of Preliminary Inquiry 52.3 The Secretary shall send a copy of a notice of commencement of preliminary inquiry referred to in rule 52.2 to (a) the Commissioner; (b) all of the persons known to the Tribunal to be interested parties; and (c) the government of any country from which goods in respect of which the initiation of a dumping or subsidizing investigation was made were exported to Canada. Information to be Filed by the Commissioner 52.4 When the Commissioner causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the Commissioner shall cause to be filed with the Secretary, in addition to the notice required to be given under paragraph 34(1)(a) of that Act, (a) a copy of the Commissioner’s statement of reasons for initiating the investigation; (b) a copy of both the public and, if applicable, confidential version of the written complaint made to the Commissioner under subsection 31(1) of the Special Import Measures Act; and (c) any other information that has been taken into consideration by the Commissioner. 52.5 When the Tribunal terminates a proceeding under paragraph 35.1(1)(b) of the Special Import Measures Act, the Secretary shall give notice of the termination to the Commissioner and to every person and government referred to in rule 52.3. 32. Rules 53 to 57 of the Rules are replaced by the following: 53. This Part applies to an inquiry in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt by the Secretary of a notice of a preliminary determination of dumping or subsidizing in respect of goods. Notice of Commencement of Inquiry 54. If a notice of a preliminary determination of dumping or subsidizing is filed with the Secretary under the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry, together with any other details of the inquiry that the Tribunal directs; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); (e) the date on or before which an interested person may file written representations under subsection 45(6) of that Act; (f) the date on or before which any written submissions must be filed; (g) the number of copies of each written submission that must be filed; (h) instructions with respect to the filing of confidential information; (i) 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; (j) the place and time fixed for the commencement of a hearing in the inquiry; and (k) any other information that is relevant to the inquiry that the Tribunal specifies. Sending of a Notice of Commencement of Inquiry 55. The Secretary shall send a copy of a notice of commencement of inquiry referred to in rule 54 to (a) the Commissioner; (b) all of the persons known by the Tribunal to be interested parties; and (c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada. Information to be Filed by the Commissioner — Preliminary Determination 56. Where the Commissioner makes a preliminary determination of dumping or subsidizing with respect to goods pursuant to section 38 of the Special Import Measures Act, the Commissioner shall cause to be filed with the Secretary, in addition to the written notice referred to in paragraph 38(3)(b) of that Act, the following materials: (a) a copy of the preliminary determination; (b) a detailed statement of all estimates and of all things specified by the Commissioner pursuant to paragraph 38(1)(a) or (b) of that Act; (c) a document that contains information with respect to (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Commissioner, and (ii) the volume of the goods imported into Canada and the proportion of those goods found by the Commissioner to be dumped or subsidized; and (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the Commissioner’s possession and as the Tribunal may from time to time request. Information to be Filed by the Commissioner — Final Determination 57. Where the Commissioner makes final determination of dumping or subsidizing with respect to goods pursuant to section 41 of the Special Import Measures Act, the Commissioner shall cause to be filed with the Secretary, in addition to the written notice referred to in subsection 41(3) of that Act, the following materials: (a) a copy of the preliminary determination; (b) a detailed statement of all estimates and of all things specified by the Commissioner pursuant to subsection 41(1) of that Act; (c) a document that contains information with respect to (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Commissioner, and (ii) the volume of the goods imported into Canada and the proportion of those goods found by the Commissioner to be dumped or subsidized; and (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the Commissioner’s possession and as the Tribunal may from time to time request. 33. Rules 59 to 63 of the Rules are replaced by the following: 59. In an inquiry, the Secretary shall, after the expiry of the date on or before which interested parties are required to file a notice of participation, make available, in the manner that the Tribunal directs, (a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) or (2) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and (b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential. Written Submissions and Documentary Evidence 60. (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material: (a) written submissions, documents or evidence relating to the inquiry; (b) a statement of the evidence adduced or to be adduced by the party; and (c) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry. (2) In the case of an inquiry under section 31 of the Special Import Measures Act, the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person. Information to be Provided by Parties 61. In considering an issue of injury or retardation or threat of injury, the Tribunal may at any time direct a party to an inquiry to produce information that relates to the factors prescribed by section 37.1 of the Special Import Measures Regulations. Request for Information 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 ba sis 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. Notice of Matters Arising 61.2 (1) A party who wishes to have supplementary information relating to submissions, evidence and responses to requests for information that are filed with the Tribunal by another party shall serve a notice on all of the parties before the start of a hearing, within the period that the Tribunal may direct, to have the other party answer questions or provide documents or other information at the hearing concerning the matters arising from the material filed. (2) A party who makes a request shall file the notice with the Tribunal. (3) The notice shall (a) be in writing; (b) identify the party who will be required to answer questions or bring specified documents or information; (c) number each matter consecutively; (d) specify the information or documents requested, with an explanation of how they are relevant or necessary to the proceeding; and (e) be dated. (4) The Tribunal shall notify the parties in writing on which matters they must be prepared to answer questions at the hearing and specify which documents, if any, that they must be prepared to bring with them to the hearing. Information to be Filed by the Secretary — Advice under Section 46 of Special Import Measures Act 62. When the Tribunal advises the Commissioner under section 46 of the Special Import Measures Act, the Secretary shall cause to be filed with the Commissioner, in addition to the written notice referred to in that section, a copy of the information relied on by the Tribunal in giving its advice. 34. Rule 66 of the Rules is replaced by the following: 66. The Secretary shall forthwith send a copy of the notice of recommencement of inquiry referred to in rule 65 to the persons referred to in paragraph 44(2)(a) of the Special Import Measures Act. 35. The Rules are amended by adding the following after section 68:
PART V.1 Notice of Commencement of Inquiry 68.1 (1) If a public interest inquiry is initiated arising out of a finding of injury as a result of an inquiry referred to in section 42 of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry, together with any other details of the inquiry that the Tribunal directs; (c) the date on or before which an interested party or interested person must file a notice of participation; (d) the date on or before which counsel for an interested party or interested person, if any, must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the date, place and time fixed for the commencement of a hearing in the inquiry; and (i) any other information that is relevant to the inquiry that the Tribunal specifies. (2) The Secretary shall send a copy of a notice of commencement of inquiry referred to in subrule (1) to (a) the Commissioner; (b) all of the persons known by the Tribunal to be interested parties or interested persons; and (c) the government of any country from which goods in respect of which the final determination was made were exported to Canada.Information to be Provided by the Secretary 68.2 The Secretary shall, forthwith after the expiry of the date on or before which interested parties or interested persons are required to file a notice of participation or counsel for them is required to file a notice of representation, provide each counsel and, where an interested party or interested person is not represented by counsel, that interested party or interested person, with the following information: (a) the names and addresses of all parties and interested persons to the inquiry and their counsel, if any; and (b) the procedure for the filing of documents. Written Submissions and Documentary Evidence 68.3 The Tribunal may at any time direct any party or interested person to a public interest inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material: (a) written submissions, documents or evidence relating to the inquiry; (b) a statement of the evidence adduced or to be adduced by the party or interested person; and (c) a description of any exhibit in other than documentary form that the party or interested person intends to adduce at the inquiry. Additional Information to be Provided by Parties or Interested Persons 68.4 The Tribunal may at any time direct a party or interested person to a public interest inquiry to produce any additional information that relates to any factors or that it considers relevant to the inquiry. 36. Part VI of the Rules is replaced by the following:
PART VI
REVIEWS UNDER SECTIONS 76.01,
76.02, 76.03 AND 76.1 OF Application 69. This Part applies in respect of a review of an order or finding by the Tribunal (a) under subsection 76.01(1), 76.02(1) or 76.03(3) of the Special Import Measures Act, whether on the Tribunal’s own initiative or at the request of the Commissioner or any other person or of any government; (b) under subsection 76.02(3) of that Act, if the order or finding is referred back to the Tribunal under an order made by a panel under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4) of that Act; or (c) under subsection 76.1(2) of that Act. Review under Section 76.01 or 76.02 of the Special Import Measures Act 70. (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act shall be filed with the Secretary and shall set out the following information: (a) the name, address for service, telephone number and fax number, if any, of the person making the request and of their counsel, if any; (b) the nature of their interest in the order or finding; (c) the grounds on which the person believes initiation of the review is warranted and a statement of the facts on which the grounds are based; and (d) the nature of the order or finding that the person believes the Tribunal should make under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act on completion of the review. (2) On receipt of a properly documented request referred to in subrule (1), the Tribunal shall inform each party to the inquiry or review that resulted in the order or finding of its receipt of the request and shall give them an opportunity to make representations to the Tribunal concerning the request. 71. (1) If the Tribunal decides to review an order or a finding under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of review that sets out the following information: (a) the statutory authority for the review; (b) the subject-matter of the review, together with any other details of the review that the Tribunal directs; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review may be obtained; and (i) the place and time fixed for commencement of a hearing in the review. (2) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. 72. In order to decide whether an interim review under section 76.01 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information concerning (a) whether changed circumstances or new facts have arisen since the making of the order or finding; (b) facts that were not put in evidence in the original proceedings and that were not discoverable by the exercise of reasonable diligence; and (c) any other matter that is relevant to the review. 73. When the Tribunal makes an order or a finding under subsection 76.01(5) or 76.02(4) of the Special Import Measures Act, the Secretary shall (a) send a copy of the order or finding and the reasons for the decision to each party and to each person who was provided with the notice of review; and (b) cause a notice of it to be published in the Canada Gazette in accordance with the appropriate subsection of that Act. Review under Section 76.03 of the Special Import Measures Act 73.1 (1) When an order or a finding is deemed to be rescinded on the expiry of a five-year period in accordance with subsection 76.03(1) of the Special Import Measures Act, the notice of expiry that the Secretary must cause to be published in the Canada Gazette in accordance with subsection 76.03(2) of that Act shall set out the following information: (a) the date on which the order or finding will be deemed to be rescinded; (b) the date on or before which any written submissions must be filed by any person or government requesting or opposing the initiation of a review of the order or finding; (c) the number of copies of each written submission that must be filed; (d) instructions with respect to the filing of confidential information; and (e) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the expiry may be obtained. (2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal shall (a) if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision; (b) if it makes an order not to initiate a review under subsection 76.03(5) of that Act, ask the Secretary to cause a notice of that order to be published in accordance with that subsection; or (c) if it decides to initiate a review, ask the Secretary to publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1). (3) The Secretary shall send a copy of a notice of expiry or a notice of review, as the case may be, to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. 73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information that addresses the following: (a) the likelihood of a continuation or resumption of dumping or subsidization of the goods; (b) the likely volume and price ranges of dumped or subsidized imports if dumping or subsidization were to continue or resume; (c) the domestic industry’s recent performance, including trends in production, sales, market share and profits; (d) the likelihood of injury to the domestic industry if the order or finding were allowed to expire, having regard to the anticipated effects of a continuation or resumption of dumped or subsidized imports on the industry’s future performance; (e) any other developments affecting, or likely to affect, the performance of the domestic industry; (f) changes in circumstances, domestically or internationally, including changes in the supply or demand for the goods, and changes in trends in, and sources of, imports into Canada; and (g) any other matter that is relevant to the review. 73.3 If the Commissioner determines under subsection 76.03(9) of the Special Import Measures Act that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the Commissioner shall cause to be filed with the Secretary, in addition to the notice of determination that must be provided under paragraph 76.03(7)(b) of that Act, (a) the reasons for the determination; (b) information relating to the enforcement of the Tribunal’s order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and (c) any other information that has been taken into consideration by the Commissioner. 73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, the Secretary shall (a) send a copy of the order and reasons for it to each party and to each person who was provided with the notice of review; and (b) cause a notice of it to be published in the Canada Gazette. Review under Section 76.1 of the Special Import Measures Act 73.5 (1) If the Minister of Finance requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Secretary shall publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).(2) The Secretary shall send a copy of a notice of review to each person to whom and government to which the Secretary would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53. 73.6 If the Tribunal makes an order or a finding under subsection 76.1(2) of the Special Import Measures Act, the Secretary shall (a) send a copy of the order or finding and the reasons for the decision to each party and to each person who was provided with the notice of review; and (b) cause a notice of it to be published in the Canada Gazette. Application of Certain Rules 73.7 (1) Subject to subrule (2), rules 59 to 61.2 apply, with any modifications that the circumstances require, to a review under this Part. (2) Rules 61.1 and 61.2 do not apply to a public interest inquiry under section 45 of the Special Import Measures Act or to a review under section 76.01, 76.02 or 76.1 of that Act. 37. Paragraph 74(a) of the Rules is replaced by the following: (a) to a request made to the Tribunal by the Commissioner pursuant to section 89 of the Special Import Measures Act for a ruling on the question of which of two or more persons is the importer in Canada of goods imported or to be imported into Canada on which duty is payable or has been paid or will be payable if the goods are imported; and 38. The heading before Rule 75 of the Rules is replaced by the following: Notice of Request by Commissioner 39. The portion of rule 75 of the Rules before subparagraph (a)(iii) is replaced by the following: 75. Where the Commissioner makes a request pursuant to subsection 89(1) of the Special Import Measures Act, the Commissioner (a) shall give notice of the request to (i) each of the two or more persons referred to in that subsection, (ii) where the Commissioner made the request at the request of a person interested in the importation of the goods referred to in that subsection, that person interested, and 40. (1) Subparagraphs 76(1)(f)(ii) and (iii) of the Rules are replaced by the following: (ii) the date on or before which an interested person 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) or (2); (2) The portion of subrule 76(2) of the Rules before paragraph (b) is replaced by the following: (2) The Secretary shall send a copy of a notice of request for a ruling to the following persons: (a) the Commissioner; and 41. Subparagraphs 78(f)(ii) and (iii) of the Rules are replaced by the following: (ii) the date on or before which any person interested in the matter or thing 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) or (2); 42. (1) That portion of Rule 79 of the Rules before paragraph (a) is replaced by the following: 79. The Secretary shall send a copy of the notice of reconsideration referred to in Rule 78 to the following persons and governments: (2) Paragraph 79(b) of the Rules is replaced by the following: (b) the Commissioner; 43. Rule 81 of the Rules is replaced by the following: 81. Rules 59 and 60 apply, with any modifications that the circumstances require, to a request for a ruling that is referred to in subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal under paragraph 91(1)(g) of that Act. 44. Rule 82 3 of the Rules is replaced by the following: 82. This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer. 45. Rule 83 of the Rules is renumbered as subrule 83(1) and is amended by adding the following: (2) In addition to the information specified in subrule (1), information that is necessary to apply the factors set out in subsection 4(1) or (1.1) of the Canadian International Trade Tribunal Regulations shall be filed at the request of the Tribunal. 46. Subparagraphs 85(f)(ii) and (iii) of the Rules are replaced by the following: (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) or (2); 47. The portion of rule 86 of the Rules before paragraph (a) is replaced by the following: 86. The Secretary shall send a copy of a notice of inquiry referred to in rule85 to 48. Rules 88 and 8 9 [4] of the Rules are replaced by the following: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 X 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. 49. (1) The portion of subrule 90(1) of the Rules before paragraph (a) is replaced by the following: 90. (1) A written complaint by a domestic producer referred to in paragraph 89(a) shall be (2) Subrule 90(2) of the Rules is replaced by the following: (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. 50. The portion of rule 91 of the Rules before paragraph (a) is replaced by the following: 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 Secretary shall, in order for the Tribunal 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: 51. Rule 92 of the Rules is replaced by the following: 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, the Secretary shall cause to be published in the Canada Gazette, not later than five months before the review, a notice of mid-term 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 is relevant to the review that the Tribunal specifies. Sending of Notice of Mid-term Review 92.2 The Secretary shall send a copy of the notice of mid-term review referred to in rule 92.1 to each interested party. 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. 52. The definition “send”2 in rule 93 of the Rules is replaced by the following: “send”, in respect of a document, information or a notification, means to transmit by hand, registered mail or electronic transmission; (envoyer) 53. Rule 942 of the English version of the Rules is replaced by the following: 94. This Part applies in respect of inquiries into complaints made by potential suppliers under subsection 30.11(1) of the Act. 54. Subrule 96(2)2 of the Rules is replaced by the following: (2) For the purpose of subrule (1), the day of receipt is the day stamped by the Secretary on the complaint or on the document containing the information that corrects the deficiencies. 55. Rule 1012 of the Rules is replaced by the following: 101. If the Tribunal decides to conduct an inquiry, the Secretary shall forthwith send a notification in writing to the complainant, the government institution and any other interested party and shall publish a notice of commencement of inquiry. 56. Subrule 103(4)2 of the Rules is replaced by the following: (4) The government institution may, within the time limit set out in subrule (1), make a written request to the Tribunal for an extension of that time limit and shall set out in the application the reasons for the extension. 57. (1) Subrule 104(1)2 of the Rules is replaced by the following: 104. (1) Subject to subrule 107(5), the complainant shall, within seven days after the day on which the Tribunal sends a copy of the statement to the complainant under subrule 103(3), file with the Tribunal comments on the statement or make a written request to have the case decided on the basis of the existing record. (2) Subrule 104(3)2 of the Rules is replaced by the following: (3) The Tribunal may extend the time limit for the filing of comments under subrule (1) if the complainant makes a written request for the extension within the time limit referred to in that subrule and the specific circumstances of the complaint warrant the extension. 58. The heading2 before rule 105 of the Rules is replaced by the following: Hearing of Complaints 59. (1) Subrules 105(1)2 and (2)2 of the Rules are replaced by the following: 105. (1) The Tribunal may, in respect of the merits of a complaint, and on the written request of a party or on the Tribunal’s own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear before the Tribunal. (2) The request for a hearing shall be submitted as soon as possible during the course of the proceedings on the complaint. (2) Subrule 105(6)2 of the Rules is replaced by the following: ( 6) The Tribunal may direct that a hearing be held if at any time during the proceeding it decides that a hearing is needed to clarify material issues.60. Rule 1062 of the Rules is repealed. 61. (1) Subrules 107(1) to (4)2 of the Rules are replaced by the following: 107. (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. (2) Paragraph 107(5)(e)2 of the Rules is replaced by the following: (e) the Tribunal shall issue a determination on the complaint within 45 days after determining that the express option will be applied. 62. The Rules are amended by adding the following after rule 108:
PART XII Application 109. This Part applies in respect of an extension inquiry under section 30.07 of the Act. Notice of Expiry 110. If the Tribunal is required to publish a notice of expiry under subsection 30.03(1) of the Act in respect of an order referred to in that subsection, the notice shall be published in the Canada Gazette not later than eight months before the expiry date and shall set out (a) the date on which the order is scheduled to expire; (b) the date on or before which written submissions must be filed by interested parties requesting or opposing an extension inquiry; (c) the address of the Tribunal for the filing or service of documents and where information in respect of the extension inquiry may be obtained; (d) the number of copies of each written submission that must be filed; (e) instructions in respect of the filing of confidential information; and (f) any other relevant information that the Tribunal may re-quire. Request for Extension 111. A request for an extension inquiry filed with the Tribunal shall be signed by the requester or by their counsel, if any, and, in addition to providing the information required by section 30.05 of the Act, shall be accompanied by the following information: (a) the name, address and telephone and fax numbers, if any, of the requester or their counsel; (b) the name and description of the imported goods and the like or directly competitive goods; (c) the names of the domestic producers on whose behalf the request is being made and the proportion of total domestic production of like or directly competitive goods that is produced by them; (d) any information that is necessary to address the matters raised in subsection 4(1) and section 6 or 7 of the Canadian International Trade Tribunal Regulations and subsection 30.03(2) of the Act, as the case may be; and (e) a statement indicating why the order that is the subject of the extension inquiry continues to be necessary to prevent or remedy serious injury to domestic producers of like or directly competitive goods. 112. If a notice is provided under subsection 30.06(3) of the Act, the Tribunal shall give the other interested parties referred to in that subsection an opportunity to make representations to the Tribunal concerning the request referred to in rule 111. 113. If the Tribunal decides to conduct an extension inquiry, the Secretary shall forthwith cause to be published in the Canada Gazette a notice to that effect that sets out the following information: (a) the statutory authority for the extension inquiry; (b) the subject-matter of the extension inquiry, together with any other details of the extension inquiry that the Tribunal directs; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1) or (2); (e) the date on or before which written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the address of the Tribunal to which written submissions or correspondence may be sent or delivered and at which information in respect of the extension inquiry may be obtained; (i) the place and time fixed for the commencement of a hearing in the extension inquiry; and (j) any other information that is relevant to the extension inquiry that the Tribunal specifies. Application of Certain Rules 114. Rules 59 and 60 apply, with any modifications that the circumstances require, in respect of an extension inquiry conducted by the Tribunal under this Part. 63. The schedule to the Rules is repealed. COMING INTO FORCE
64. These Rules come into force on
15 April 2000. [1] SOR/91-499 [2] SOR/93-601 [3] SOR/97-325 [4] SOR/98-39 |
|
