Rules Amending the Canadian International Trade Tribunal Rules

AMENDMENTS

            “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
REFERENCES UNDER SUBSECTION 33(2) OF THE SPECIAL IMPORT MEASURES ACT