SICE - ANTIDUMPING - Canada Special Import Measures Regulations

	What's New? - Sitemap - Calendar Trade Agreements - FTAA Process - Trade Issues	español - français - português
		Search

CANADA
Canadian International Trade Tribunal Rules

Registration

SOR/91-499 14 August 1991

CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

Canadian International Trade Tribunal Rules

P.C. 1991-1446 13 August 1991

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to Subsection 39(1)* of the Canadian International Trade Tribunal Act** is pleased hereby to approve:

(a) the revocation by the Canadian International Trade Tribunal of the Canadian Import Tribunal Rules, approved by Order in Council P.C. 1985-3312 of 7 November 1985*** and

(b) the making by the Canadian International Trade Tribunal, after consultation with the Minister of Finance, of the annexed Rules governing the proceedings, practice and procedures of the Canadian International Trade Tribunal, in substitution therefor.

RULES GOVERNING THE PROCEEDINGS, PRACTICE AND PROCEDURES

OF THE CANADIAN INTERNATIONAL TRADE TRIBUNAL

Short Title

1. These Rules may be cited as the Canadian International Trade Tribunal Rules.

Definitions

2. In these Rules,

"Act" means the Canadian International Trade Tribunal Act; (Loi)

"appeal" means an appeal referred to in paragraph 30(a); (appel)

"appellant" means a person who files a notice of appeal pursuant to Rule 31; (appelant)

"counsel" includes any person who acts in a proceeding on behalf of a party; (avocat)

"counsel of record" means the counsel of record for a party as determined in accordance with Rule 11; (avocat inscrit au dossier)

"Deputy Minister" means the Deputy Minister of National Revenue for Customs and Excise (sous-ministre)

"fax" means to transmit a facsimile of printed matter electronically, or a document so transmitted; (télécopie)

"Form" means a Form set out in the schedule; (formule)

"interested party" means in relation to an inquiry made pursuant to Section 42 of the Special Import Measures Act after the receipt by the Secretary of a notice of a preliminary determination of dumping or subsidizing in respect of goods or in relation to a review pursuant to Section 76 of that Act:

(a) the complainant under Section 31 of that Act, if any, in the investigation in which the preliminary determination 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 that person's 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 Appearance referred to in Rule 39 or a Notice of Intervention referred to in Rule 40; or

(b) is permitted to intervene pursuant to an order of the Tribunal referred to in Rule 42; (intervenant)

"party" means:

(a) in the case of an inquiry pursuant to Section 42, or a review pursuant to Section 76, of the Special Import Measures Act, any interested party who has filed a Notice of Appearance in the inquiry or review 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 given pursuant to Subrule 76(2) or Rule 79 if:

(i) the person has filed a Notice of Appearance in accordance with these Rules, or

(ii) where no hearing is to be held in the proceeding, has made a written submission to the Tribunal, and

(d) in the case of any other proceeding, any person who has an interest in the subject-matter of the proceeding and who has:

(i) filed a Notice of Appearance in that proceeding in accordance with these Rules, or

(ii) been given status by the Tribunal to be a party in the proceeding; (partie)

"proceeding" includes an appeal, re-hearing, reference, inquiry, recommencement of inquiry, review, request for a ruling, reconsideration of an order or finding, complaint filed by a domestic producer or any other proceeding before the Tribunal under the Act or under any other Act of Parliament or regulations made thereunder; (procédure)

"respondent" means the Minister of National Revenue or the Deputy Minister, as the case may be; (intimé)

"Secretary" means the Secretary of the Tribunal and includes any other officer or employee of the Tribunal during any period that the officer or employee is authorized to act as Secretary; (secrétaire).

Interpretation

3. These Rules shall be liberally construed to secure the fairest, least expensive and most expeditious determination of every proceeding, in accordance with Section 35 of the Act.

PART I
RULES OF GENERAL APPLICATION

Application

4. Except where the context otherwise requires, this Part applies to all proceedings before the Tribunal.

Direction on Procedure

5. Where, in any proceeding, a question of procedure arises to which these Rules do not provide an answer, or the answer they do provide is incomplete, the question shall be disposed of, consistently with such, if any, of these Rules as are applicable, in such manner as the tribunal directs.

Dispensing with or Varying Procedure

6. For the purpose of any proceeding the Tribunal may, in order to avoid an injustice to any party to the proceeding or if the parties to the proceeding consent, dispense with, vary or supplement any of these Rules.

Defect in Form and Irregularity

7. No proceeding is invalid by reason of a defect in form or a technical irregularity.

Extending or Abridging Time-Limits

8. The Tribunal may extend or abridge the time-limits fixed by these Rules or otherwise fixed by the Tribunal either before or after the expiration of the time-limits fixed.

Computation of Time

9. Unless otherwise provided, the computation of time under these Rules or a direction of the Tribunal is governed by Sections 26 to 28 of the Interpretation Act.

Appearances

10. (1) Where a notice published in the Canada Gazette pursuant to Rule 54, 65, 71, 76, 78 or 85 with respect to a proceeding specifies the time and place fixed for a hearing in the proceeding, any person who proposes to appear at the hearing shall file with the Tribunal a Notice of Appearance in Form I, containing the information indicated in that Form, on or before the date specified in the notice published in the Canada Gazette as the date on or before which any party in the proceeding must file a Notice of Appearance.

(2) Where a person referred to in subrule (1) states in a Notice of Appearance in Form I the name of counsel by whom the person will be represented, the counsel so named shall file with the Tribunal a Notice of Appearance in Form II on or before the date specified in the notice published in the Canada Gazette as the date on or before which counsel for a party must file that Notice of Appearance.

Counsel of Record

11. (1) A counsel who signs a document filed pursuant to these Rules on behalf of any party shall be the counsel of record for the party commencing on the date of filing and continuing until a change, if any, is made in accordance with subrule (2).

(2) A party in a proceeding may change the party's counsel of record by:

(a) filing with the Tribunal a Notice of Change of counsel of record signed by the new counsel;

(b) serving a copy of the Notice on the former counsel and every other party in the proceeding; and

Filing of Documents

12. (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, each document required or permitted by these Rules to be filed shall be filed by sending by mail or by fax, or by hand delivery, to the Secretary:

(a) in the case of an appeal, the original and five copies of the document; and

(b) in the case of any other proceeding, the original and eight copies of the document.

(2) In addition to the number of copies mentioned in subrule (1), the parties shall file any additional number of copies that may be specified by the Secretary where the Tribunal is of the opinion that the special circumstances of a proceeding so require.

(3) A document that is filed by fax shall include a cover page setting out the following information:

(a) the name, address and telephone number of the sender;

(b) the date and time of the transmission;

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

(4) Notwithstanding subrules (1) and (2), where a document is filed by fax, only one copy of the document may be sent by fax if the original of the document and the required number of copies are sent forthwith to the Secretary by mail.

(5) Where the original of a document filed by fax is received, the Secretary shall substitute the original document for the fax.

(6) The date of filing of a document shall be considered to be:

(a) where the document is filed by mail, the earliest postal date appearing on the envelope containing the document;

(b) where the document is filed by fax, the date of transmission; and

(7) In the absence of any proof of the date of mailing or of transmission by fax of a document, the date shown by the date received stamp placed on the document by the Secretary shall be considered to be the date of filing of the document.

(8) Any document that is filed with the Tribunal may, with the consent of the Tribunal and on such terms and conditions, if any, as are fixed by the Tribunal, be amended at any time by the party by which it was filed.

Service of Documents

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) no document is required to be served personally, unless personal service of the document is required pursuant to these Rules or a direction of the Tribunal; and

(b) a document that is not required to be served personally may be served at the address for service of the party.

(2) Where a document is required to be served personally, the service shall be made:

(a) on an individual, by leaving a copy of the document with the individual;

(b) on a corporation, by leaving a copy of the document with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business; and

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

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

(b) where there is no counsel of record:

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

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

(4) Service of a document at an address for service shall be made:

(a) by sending the document by registered mail or by fax to the address for service; or

(b) by leaving the document at the address for service.

(5) A document that is served by fax shall include a cover page setting out the following information:

(a) the name, address and telephone number of the sender;

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

(d) the total number of pages transmitted, including the cover page; 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 shall be considered to be:

(a) where the document is served personally or by leaving it at the address for service, the date of delivery;

(b) where the document is served by registered mail, the date that is five days after the earliest postal date appearing on the envelope containing the document: and

(7) Where any document is required by these Rules or by direction of the Tribunal to be served by any party, proof of service shall be filed with the Tribunal forthwith after service of the document.

(8) Proof of service of any document shall be made by showing:

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

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

(c) in the case of service by registered mail, an affidavit by the person mailing the document, stating the date of mailing and to which is attached a receipt signed by the person served.

Filing of Confidential Information

14. Where information designated as confidential pursuant to paragraph 85(1)(a) of the Special Import Measures Act is filed with the Tribunal, the Tribunal shall treat that information as confidential unless the person who provided it agrees in writing that it need not be treated as confidential by the Tribunal.

Submission of Confidential Information

15. Where a person who provides information to the Tribunal for the purposes of any proceeding wishes some or all of the information to be kept confidential, the person shall file with the Tribunal, in addition to the documents referred to in paragraphs 46(1)(a) and (b) of the Act, two separate sets of documents in the following manner:

(a) one set of documents containing the confidential information and marked "confidential" or "confidentiel" on the top of each page that contains confidential information; and

(b) one set of documents from which the confidential information has been deleted.

Disclosure of Confidential Information to Counsel

16. (1) A counsel for a party to a proceeding who wishes access to confidential information provided to the Tribunal for the purposes of the proceeding, other than a director, servant or employee of the party, shall file with the Tribunal a Declaration and Undertaking in Form III.

(2) After the filing by a counsel of a Declaration and Undertaking referred to in subrule (1), the Tribunal shall cause the counsel to be notified, in the manner that it considers appropriate in the circumstances, of its decision to grant access and, if access is not granted, it shall serve on the counsel a notification in writing setting out the reasons why access is not granted.

(3) Where the Tribunal decides not to give access to confidential information to a counsel, that counsel is not entitled to receive or to examine any confidential information provided to, or to be present when any confidential information is provided orally to, the Tribunal.

Filing, Service and Communication of Confidential Information

17. (1) A document containing confidential information shall be served only on the Tribunal.

(2) Where a counsel has been granted access to confidential information, the counsel shall not, unless authorized by the Tribunal:

(a) communicate the confidential information by fax, including for filing or serving that information; or

(b) communicate the confidential information by telephone.

Pre-hearing Conference

18. (1) At the same time as giving a notice of a hearing to be held in any proceeding or at any time after the giving of that notice, the Tribunal may direct that all parties to the proceeding or their counsels appear before the Tribunal or before a member thereof or the Secretary, at a time and place fixed by the Tribunal, for a pre-hearing conference for the purpose of making representations to the Tribunal or receiving guidance from the Tribunal with respect to any of the following matters that the Tribunal specifies:

(a) the clarification and simplification of issues;

(b) the procedure to be followed at the hearing;

(c) the mutual exchange between parties to the proceeding of written submissions, exhibits and other material presented or to be presented to the Tribunal;

(d) the question of whether any written submission, other document or testimony presented or proposed to be presented to the Tribunal contains confidential information;

(e) the question of the confidential information, if any, to which a person who is to appear on behalf of a party in the capacity of an expert on any matter should be given access; and

(f) any other matter with respect to which a discussion or decision before the hearing would, in the opinion of the Tribunal, aid in the expeditious presentation of evidence or otherwise be conducive to the orderly conduct of the hearing.

(2) Counsel for any party to a proceeding may, if notice of a hearing has been given in the proceeding, make a written request to the Tribunal to direct that a pre-hearing conference be held to consider any matter referred in subrule (1).

(3) On receipt of a request pursuant to subrule (2), the Tribunal may direct that a pre-hearing conference be held as requested unless it determines that a pre-hearing conference on the matter would not assist in the orderly conduct of the hearing.

(4) Subject to paragraph 17(2)(b), where all parties to a pre-hearing conference consent or where the Tribunal so directs, the Tribunal may conduct the pre-hearing conference by telephone conference call or in any other manner that affords the parties or their counsel an opportunity to participate.

(5) Following a pre-hearing conference, the Tribunal may issue an order setting out its ruling with respect to the matters considered at the conference.

Availability of Information

19. (1) The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, make available to each party or the party's counsel all of the information that has been provided to the Tribunal for the purposes of the proceeding and that has not been designated as confidential.

(2) The Tribunal shall, prior to or at the commencement of a hearing in a proceeding, make all confidential information that has been provided to the Tribunal for the purposes of the proceeding available to each counsel who has filed a Declaration and Undertaking and who has been granted access to the confidential information.

Subpoenas

20. (1) The Tribunal may, on its own initiative or at the request of any party, summon before it by subpoena any person to attend a hearing and require that person to give evidence on oath or affirmation and to produce documents or other things.

(2) A subpoena may be in Form IV and shall be issued by the Secretary without charge.

(3) A subpoena shall be served on the witness personally and, at the time of service, an amount that is not less than the amount to which the witness would have been entitled as fees and allowances if the subpoena had been issued pursuant to Rule 333 of the Federal Court Rules shall be paid or tendered to the witness.

(4) Where a subpoena issued pursuant to this rule is served on a person, the original copy of the subpoena shall be filed with the Tribunal forthwith after service, together with proof of service on the person.

Witnesses

21. (1) Subject to Section 34 of the Act and unless these Rules provide otherwise, witnesses at a hearing shall be examined orally on oath or affirmation and the examination may consist of direct examination, cross-examination and re-examination.

(2) A party who intends to call an expert witness at a hearing shall, not less than 10 days before the commencement of the hearing, file with the Secretary and serve on the other parties a report, signed by the expert witness, setting out the expert witness' name, address and qualifications and the substance of the expert witness' testimony.

(3) A party on whom a copy of a report described in subrule (2) has been served and who wishes to rebut with expert evidence any matter set out in the report shall, not less than five days before the commencement of 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.

Evidence

22. Where the Tribunal holds a hearing in any proceeding, the Tribunal may give whatever weight is appropriate to any written submission or other document filed in the proceeding as evidence, if the party who filed the document is not present at the hearing to testify with respect to, or does not make available to the Tribunal testimony with respect to, the matters set out in the document.

Hearings in Camera

23. Where, in any proceeding, the Tribunal directs a hearing or a portion thereof to be held in camera for the purpose of receiving confidential information, the hearing or portion thereof may be attended only by:

(a) the person who is to present confidential information to the Tribunal at the hearing;

(b) a person that a person referred to in paragraph (a) requests be permitted to attend the hearing:

(c) counsel for a party to the proceeding who has filed with the Tribunal a Declaration and Undertaking and who has been granted access to the confidential information;

(d) officers and employees of the Tribunal who have been directed to attend; and

(e) any other persons that the Tribunal authorizes to attend.

Notice of Motion

24. (1) Any matter that arises in the course of a proceeding and that requires a decision or order of the Tribunal shall be brought before the Tribunal by notice of motion.

(2) A notice of motion shall be in writing and may be in any form that contains a clear and concise statement of the facts, the decision or order sought and the grounds for seeking the decision or order.

(3) A notice of motion given by a party shall be filed with the Secretary and served on the parties not less than three days before the day fixed for the commencement of the hearing.

(4) Any party who wishes to answer a notice of motion shall file a written answer with the Secretary and serve a copy of it on the other parties.

(5) Where a party wishes to submit a document in support of a notice of motion or answer, the document shall accompany the notice or answer in question and the party shall file it with the Secretary and serve a copy of it on the other parties.

(6) Unless the Tribunal directs otherwise, a decision or order on a notice of motion shall be made in writing.

(7) Notwithstanding subrules (2) to (5), a notice of motion in connection with a matter that has not come to the attention of a party prior to the commencement of a hearing may be given orally at the hearing and shall be disposed of in accordance with such procedure as the Tribunal may direct.

Procedures where Hearing not Required

25. (1) Where, in any matter,a hearing is not required and the Tribunal intends not to proceed by way of a hearing, the Tribunal 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; or

(c) invite submissions from any party or any person who may have an interest in the matter and issue directions on procedure.

(2) Where the Tribunal intends not to proceed by way of a hearing, the Tribunal shall issue a public notice informing the parties and any person who may have an interest in the proceeding of its intention and inviting them to make submissions as to whether a hearing should be held or not.

(3) Where the Tribunal invites submissions from parties and interested persons, the Tribunal shall afford them with an opportunity to review the submissions made by other parties or interested persons and to file a reply.

(4) Submissions from parties and interested persons shall be filed with the Secretary and served on all other parties.

(5) Notwithstanding that the Tribunal has invited submissions pursuant to this rule, the Tribunal may determine that the matter shall be disposed of by means of a hearing.

Adjournments and Postponements of Hearing

26. (1) At any time during a hearing, the Tribunal may, on its own initiative or at the request of any party, adjourn a hearing on such terms, if any, as are just.

(2) The Tribunal may postpone a hearing in a proceeding:

(a) on its own initiative for any reason; or

(b) at the request of a party made to the Tribunal not later than 10 days before the day fixed for the commencement of the hearing, where the other parties consent thereto or where it would be appropriate to delay the hearing until the decision has been rendered in another case before the Tribunal or before any other court in Canada in which the issue is the same or substantially the same as the issue to be raised in the proceeding.

Communication of Information

27. Any person who wishes to communicate with the Tribunal, to obtain information in respect of the procedure followed by the Tribunal, or to inspect documents, exhibits or other material provided to the Tribunal, shall apply to the Secretary.

Decisions, Orders or Findings of the Tribunal

28. (1) Where the Tribunal makes a decision, declaration, order, finding or other final ruling in any proceeding, the Secretary shall, forthwith after it is made, send by hand or registered mail a copy of the decision, declaration, order, finding or ruling to each person who is a party to the proceeding and to each person who was provided with the Notice of Commencement of Inquiry, Notice of Review, Notice of Request for a Ruling, Notice of Reconsideration, Notice of Inquiry or other notice of commencement of the proceedings, as the case may be.

(2) The Secretary shall, forthwith after the making of a decision, declaration, order, finding or other final ruling by the Tribunal in a proceeding, cause a notice thereof to be published in the Canada Gazette.

(3) Where the Secretary is required by paragraph 43(2)(b) or paragraph 76(4.3)(a) 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) or paragraph 76(4.3(a) of that Act, as the case may be, the Secretary shall also send a copy of the reasons by registered mail to every other person who was provided with a notice of commencement of the proceeding.

Failure to Comply

29. Where a party to a proceeding has not met any requirement of these Rules or compiled with any order or direction issued by the Tribunal, the Tribunal may:

(a) stay the proceeding until it is satisfied that the requirement has been met or the order or direction has been complied with; or

(b) make such order as it considers appropriate.

PART II
PROCEDURE FOR APPEALS

Application

30. This Part applies to proceedings in respect of:

(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 Deputy Minister, as the case may be, pursuant to:

(i) Section 67 of the Customs Act,

(ii) Section 61 of the Special Import Measures Act,

(iii) Sections 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act,

(iv) Section 18 of the Softwood Lumber Products Export Charge Act, and

(v) Section 13 or 63 of the Energy Administration Act; and

(b) with such modifications as the circumstances require, a re-hearing under subsection 68(2) of the Customs Act or paragraph 62(2)(b) of the Special Import Measures Act and a reference under Section 70 of the Customs Act as if they were an appeal.

Commencement of Appeal

31. (1) An appeal to the Tribunal shall be commenced by filing a Notice of Appeal in writing:

(a) with the Deputy Minister and the Secretary, in the case of an appeal under the Customs Act or the Special Import Measures Act; or

(b) with the Secretary, in the case of an appeal under the Excise Tax Act, the Softwood Lumber Products Export Charge Act or the Energy Administration Act.

(2) A Notice of Appeal may be in Form V and 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.

Sending of Notice of Appeal

32. Except in the case referred to in Section 81.25 of the Excise Tax Act, the Secretary shall, forthwith after the filing of a Notice of Appeal pursuant to Rule 31, send to the respondent, by hand or registered mail, a copy of the Notice.

Extension of Time for Objection or Appeal under the Excise Tax Act

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 in Form VI.

Brief

34. (1) The appellant shall, within 60 days after the filing of a Notice of Appeal pursuant to Rule 31, file with the Secretary a brief prepared in accordance with subrule (2) and serve forthwith a copy of the brief on the respondent.

(2) A brief referred to in subrule (1) shall:

(a) be dated and signed by the appellant or by the appellant's counsel, if any;

(b) be divided into paragraphs that are numbered consecutively and that set out:

(i) a concise statement of the grounds for appeal and of the material facts relevant to each ground,

(ii) a description of the goods in issue,

(iii) a concise statement of points in issue between the parties,

(iv) the statutory provisions relied on,

(v) a brief statement of argument to be made at the hearing, and

(vi) the nature of the decision, order, finding or declaration sought;

(c) include a table of authorities on which the appellant intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

(d) include a copy of any document that may be useful in explaining or supporting the appeal; and

(e) contain the name, address for service, telephone number and fax number, if any, of the appellant and of the appellant's counsel, if any.

Response

35. (1) The respondent shall, within 60 days after the service of the appellant's brief pursuant to Rule 34, file with the Secretary a response prepared in accordance with subrule (2) and serve forthwith a copy of the response on the appellant.

(2) A response referred to in subrule (1) shall:

(a) be dated and signed by the respondent or the respondent's counsel, if any;

(b) be divided into paragraphs that are numbered consecutively and that set out:

(i) a concise statement of the grounds on which the appeal is opposed and of the material facts relevant to each ground,

(ii) an admission or denial of each ground, and of each of the material facts relevant to each ground, set out in the appellant's brief,

(iii) the issues to be decided,

(iv) the statutory provisions relied on,

(v) a brief statement of argument to be made at the hearing, and

(vi) the relief sought:

(c) include a table of authorities on which the respondent intends to rely and a copy of those authorities that are reasonably necessary in the presentation of the appeal;

(d) include a copy of any document that may be useful in explaining or supporting the appeal; and

(e) contain the name, address for service, telephone number and fax number, if any, of the respondent and of the respondent's counsel, if any.

Written Submission and Documentary Evidence

36. After the filing of the appellant's brief and the respondent's response, the Tribunal may direct that written submissions with respect to such matters as the Tribunal directs or documentary evidence, including expert evidence, on which the appellant or the respondent intends to rely be filed within the time fixed by the Tribunal.

Time for Hearing

37. Where an appeal is to be disposed of by means of a hearing, the Tribunal shall fix a date for the hearing of the appeal.

Notice of Hearing

38. When the Tribunal has fixed the date for a hearing, the Secretary shall notify all parties and the parties' counsel in the appeal in such manner as the Tribunal considers appropriate in the circumstances.

Notice of Appearance by a Person 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 in Form I.

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 in Form VII.

Party Added

41. (1) The Secretary shall add the person or vendor, as the case may be, who files a Notice pursuant to Rule 39 or 40, as a party to the appeal.

(2) On the addition of any party under subrule (1), the Secretary shall serve a copy of the Notice referred to in that subrule on every person who, at the time the Notice is filed, is a party to the appeal.

(3) Subject to subrule 19(2), each person or vendor added as a party to an appeal is entitled to receive from the Secretary copies of all of the documents that were filed by each party to the appeal prior to the day the person or vendor was added as a party.

(4) Subject to Rule 17, each party to the appeal shall serve on the person or vendor added as a party thereto a copy of all of the documents served by that party on other parties to the appeal on or after the day the person or vendor is added.

Intervention under Section 81.34 of the Excise Tax Act

42. (1) An application referred to in Section 81.34 of the Excise Tax Act for an order permitting a person to intervene in an appeal may be made in Form VIII.

(2) A party served with a copy of an application made under subrule (1) may, within 14 days after that service or within such greater or lesser time as the Tribunal may direct, file with the Secretary a response to the application dealing with the facts raised in the application and stating whether a hearing should be held to determine the application.

(3) Where a party files a response in accordance with subrule (2), the party shall forthwith serve a copy thereof on the applicant and on each other party to the appeal.

(4) The Tribunal may dispose of an application made under subrule (1) on the basis of the written documentation or may hear it at the beginning of the hearing of the appeal or at such time and place as is fixed by the Tribunal including, if any pre-hearing conference is directed to be held in connection with the appeal, at the pre-hearing conference.

(5) Where the Tribunal directs that a hearing be held to hear an application referred to in subrule (1), the Secretary shall send to the applicant and to each of the parties to the appeal a notice of the time and place of the hearing of the application.

(6) Where an order permitting an applicant to intervene in an appeal is made by the Tribunal under Section 81.34 of the Excise Tax Act:

(a) a copy of the order shall be sent by the Secretary to each party to the appeal;

(b) subject to subrule 19(2), the person permitted to intervene is entitled to receive from the Secretary copies of all of the documents that were filed by each party to the appeal prior to the day the order is made; and

(c) subject to Rule 17, each party to the appeal shall serve on the person permitted to intervene copies of all of the documents served by that party on other parties to the appeal on or after the day the order is made.

Assistance under Subsection 81.34(2) of the Excise Tax Act

43. The 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 in Form IX.

Discontinuance

44. (1) 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 a Notice of Discontinuance with the Secretary and by serving forthwith a copy of the Notice on the other parties to the appeal.

(2) A Notice of Discontinuance referred to in subrule (1) may be in Form X.

Decision by Consent

45. Except in an appeal under Section 67 of the Customs Act or Section 61 of the Special Import Measures Act, where all of the parties to an appeal agree, in a written consent signed by those parties and filed with the Secretary, to a decision disposing of the appeal in whole or in part by the Tribunal, the Tribunal may:

(a) dispose of the appeal in accordance with the consent without an oral hearing;

(b) direct that the appeal be heard in whole or in part; or

Failure to Appear

46. Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or give such other direction as is just.

Re-hearing under Subsection68(2) of the Customs Act or

Paragraph 62(2)(b) of the Special Import Measures Act

47. (1) Where a matter is referred back to the Tribunal by the Federal Court for re-hearing pursuant to Subsection 68(2) of the Customs Act or for re-hearing pursuant to 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 setting 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

(2) The Secretary shall send, by hand or by registered mail, a copy of a Notice of Re-hearing referred to in subrule (1) to each person who was a party to the appeal.

(3) After the publication of a Notice of Re-hearing 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;

(d) the date of the hearing; and

(e) any other matter respecting the procedure to be followed in the re-hearing that would aid in the orderly conduct of the proceeding.

PART III
REFERENCE UNDER SECTIONS 33, 34 AND 35 OF
THE SPECIAL IMPORT MEASURES ACT

Application

48. This Part applies to a reference made to the Tribunal pursuant to Section 33, 34 or 35 of the Special Import Measures Act for its advice on a question mentioned in that Section in relation to any matter before the Deputy Minister respecting the dumping or subsidizing of goods.

Notice of Reference

49. A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal.

Sending of Notice to the Deputy Minister

50. Where a reference is made by a government or by a person other than the Deputy Minister, the Secretary shall forthwith give to the Deputy Minister written notice of the reference of the question to the Tribunal.

Information to be Filed by the Deputy Minister

51. Where a reference is made in relation to any matter before the Deputy Minister, the Deputy Minister shall file with the Tribunal:

(a) any written complaint made to the Deputy Minister 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 Deputy Minister when the Deputy Minister 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 Deputy Minister as a result of which the question was referred to the Tribunal.

Advice

52. (1) The Tribunal shall render its advice on a reference in writing and give reasons for its advice.

(2) Where the Tribunal has rendered its advice, the Secretary shall forthwith send a copy of the advice to the Deputy Minister and to every person and government named in the list referred to in paragraph 51(c).

PART IV
INQUIRIES UNDER SECTION 42 OF THE SPECIAL IMPORT MEASURES ACT

Application

53. This Part applies to an inquiry in respect of material injury or retardation made by the Tribunal pursuant to 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. Where a notice of a preliminary determination of dumping or subsidizing is filed with the Secretary pursuant to the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of commencement of inquiry setting out the following information:

(a) the statutory authority for the inquiry;

(b) the subject-matter of the inquiry, together with such other details of the inquiry as the Tribunal directs;

(d) the date on or before which counsel for an interested party must file a Notice of Appearance in Form II and, where appropriate, a Declaration and Undertaking in Form III;

(e) the date on or before which any person referred to in Subsection 45(2) of that Act who wants an opportunity to make representations to the Tribunal on the question referred to in that Subsection must make a request to the Tribunal for that opportunity;

(f) the date on or before which any written submission 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 commencement of a hearing in the inquiry; and

(k) such other information as the Tribunal specifies.

Sending of a Notice of Commencement of Inquiry

55. The Secretary shall send, by hand or registered mail, a copy of a notice of commencement of inquiry referred to in Rule 54 to:

(a) the Deputy Minister;

(b) all persons known by the Tribunal to be interested parties;

(c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada;

(d) any trade association known to the Tribunal to have a particular interest in the subject_matter of the inquiry; and

(e) such other persons as are required.

Information to be filed by the Deputy Minister
Preliminary Determination

56. Where the Deputy Minister makes a preliminary determination of dumping or subsidizing with respect to goods pursuant to Section 38 of the Special Import Measures Act, the Deputy Minister 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 Deputy Minister pursuant to paragraph 38(1)(a) or (b) of that Act;

(i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Deputy Minister, and

(ii) the volume of the goods imported into Canada and the proportion of those goods found by the Deputy Minister 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 Deputy Minister's possession and as the Tribunal may from time to time request.

Information to be Filed by the Deputy Minister - Final Determination

57. Where the Deputy Minister makes a final determination of dumping or subsidizing with respect to goods pursuant to Section 41 of the Special Import Measures Act, the Deputy Minister 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 final determination;

(b) a detailed statement of all things specified by the Deputy Minister pursuant to Subsection 41(1) of that Act;

(i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Deputy Minister, and

(ii) the volume of the goods imported into Canada and the proportion of those goods found by the Deputy Minister to be dumped or subsidized; and

Information to be Provided by the Secretary

58. In any inquiry, the Secretary shall, forthwith after expiration of the date on or before which interested parties or counsel for the interested parties are required to file a Notice of Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that party, with the following information:

(a) the names and addresses of all parties to the inquiry and their counsel, if any;

(b) the codes assigned to the parties' exhibits; and

Availability of Information

59. In any inquiry, the Secretary shall, forthwith after expiration of the date on or before which interested parties are required to file a Notice of Appearance, make available:

(a) in such manner as the Tribunal directs, to each counsel who has filed a Declaration and Undertaking 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) in such manner as the Tribunal directs, 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) a written submission with respect to such matters as the Tribunal directs;

(b) a statement of the evidence adduced or to be adduced by the party;

(d) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry.

(2) Where a complainant referred to in Section 31 of the Special Import Measures Act or any other person who alleges that the dumping or subsidizing of goods that are the subject of an inquiry has caused material injury or retardation is a party to the inquiry, the date fixed pursuant to subrule (1) for the filing of the material referred to therein by any party other than the complainant or other person shall be later than the date fixed pursuant to that Subsection for the filing of that material by the complainant or other person.

Information to be Provided by Parties

61. In considering any issue of material injury or retardation, the Tribunal may, at any time, direct a party to an inquiry to produce information in respect of the following matters:

(a) the actual and potential volume of the dumped or subsidized goods imported into Canada and the effect of the dumped or subsidized goods on the prices of like goods in the domestic market, including:

(i) whether there has been a significant increase in the importation into Canada of the dumped or subsidized goods, either absolutely or relative to the production or consumption in Canada of like goods,

(ii) whether the prices of the dumped or subsidized goods imported into Canada have significantly undercut the prices of like goods produced and sold in Canada, and

(iii) whether the effect of the importation into Canada of the dumped or subsidized goods has been:

(A) to depress significantly the prices of like goods produced and sold in Canada, or

(B) to limit to a significant degree increases in the prices of like goods produced and sold in Canada; and

(b) the impact of the dumped or subsidized goods on the production of like goods in Canada and all relevant economic factors and indices that have a bearing on the industry that comprises or includes the like goods, including, without limiting the generality of the foregoing,

(i) actual and potential decline in output, sales, market share, profits, productivity, return on investments and utilization of production capacity,

(ii) factors affecting domestic prices, and

(iii) actual and potential negative effects on cash flow, inventories, employment, wages, industry growth, ability to raise capital or investments and, in the case of subsidization of an agricultural product, whether there has been an increase in the financial burden on a federal or provincial government agricultural support programme in Canada; and

Representations under Section 45 of the Special Import Measures Act

62. (1) Where, in relation to an inquiry, a person referred to in Subsection 45(2) of the Special Import Measures Act wishes to make representations to the Tribunal on the question referred to in that Subsection, the request to make representations shall be made in writing to the Secretary and shall be filed with the Secretary on or before the date specified in the Notice of Commencement of Inquiry as the date on or before which the request must be made.

(2) Where, in relation to an inquiry, a person referred to in Subsection 45(2) of the Special Import Measures Act is also an interested party who intends to file a Notice of Appearance, the person may, if the person wishes to make representations to the Tribunal on the question referred to in that subsection, include in the Notice of Appearance a request to the Tribunal for an opportunity to make such representations.

(3) A request made by a person pursuant to subrule (1) shall outline the person's interest in the inquiry and shall give the name, address for service, telephone number and fax number, if any, of the person and of the person's counsel, if any.

Notification

63. (1) Where a person makes a request in accordance with Rule 62, the Tribunal shall notify the person, in such manner as is appropriate in the circumstances, of the place and time fixed by the Tribunal for the making of the representations by the person on the question referred to in Subsection 45(2) of the Special Import Measures Act and the manner in which the representations shall be made.

(2) Each party to an inquiry and the party's counsel, if any, are entitled to be present during any oral representations and to receive a copy of any written representations made in relation to the inquiry by any person pursuant to Subsection 45(2) of the Special Import Measures Act.

(3) The Tribunal shall afford each party referred to in subrule (2) an opportunity to respond to the representations.

PART V
RECOMMENCEMENT OF INQUIRY UNDER SECTION 44 OF
THE SPECIAL IMPORT MEASURES ACT

Application

64. This Part applies to the recommencement of an inquiry made by the Tribunal under paragraph 44(1)(a) or (b) of the Special Import Measures Act where, pursuant to an application for judicial review under the Federal Court Act or an application under Section 96.1 of the Special Import Measures Act, an order or finding of the Tribunal is set aside or is set aside in relation to particular goods.

Notice of Recommencement of Inquiry

65. Where an inquiry is recommenced pursuant to Subsection 44(1) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of recommencement of inquiry setting out, with such modifications as the circumstances require, the same information as is referred to in paragraphs 54(a) to (k).

Sending of Notice

66. The Secretary shall forthwith send, by hand or registered mail, 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.

Written Submission

67. Where an order or finding of the Tribunal is set aside or is set aside in relation to particular goods pursuant to an application for judicial review under the Federal Court Act or an application under Section 96.1 of the Special Import Measures Act but the matter is not referred back to the Tribunal for determination, any person interested in making any written submission on the question of whether the Tribunal should recommence the inquiry in accordance with paragraph 44(1)(b) of the Special Import Measures Act shall file a submission within 21 days after the final disposition of the application.

Application of Part IV

68. Subject to any direction or order of the Tribunal, Part IV applies, with such modifications as the circumstances require, to a recommencement of an inquiry.

PART VI
REVIEWS UNDER SECTION 76 OF THE SPECIAL IMPORT MEASURES ACT

Application

69. This Part applies to a review of an order or finding by the Tribunal:

(a) pursuant to Subsection 76(2) or (2.1) of the Special Import Measures Act, whether on the Tribunal's own initiative or at the request of the Deputy Minister or any other person or of any government; or

(b) pursuant to Subsection 76(2.2) of that Act, where the order or finding is referred back to the Tribunal pursuant to an order made by a binational panel under Subsection 77.15(3) or (4) of that Act.

Request for Review

70. (1) A request to the Tribunal for a review 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 the person's counsel, if any;

(b) the nature of the person's 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 pursuant to Subsection 76(4) or (4.1) of the Special Import Measures Act on completion of the review.

(2) On receipt of a request referred to in subrule (1), the Tribunal shall inform each party to the inquiry that resulted in the order or finding of its receipt of the request and shall afford them an opportunity to make representations to the Tribunal concerning the request.

Notice of Review

71. (1) Where the Tribunal decides to review an order or finding or where the Tribunal is required to review an order or finding pursuant to Subsection 76(2.2) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of review setting out the following information:

(a) the statutory authority for the review;

(b) the subject-matter of the review, together with such other details of the review as the Tribunal directs;

(d) the date on or before which counsel for an interested party must file a Notice of Appearance in Form II and, where appropriate, a Declaration and Undertaking in Form III;

(e) the date on or before which any written submission 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;

(i) the place and time fixed for commencement of a hearing in the review; and

(j) such other information as the Tribunal specifies.

(2) The Secretary shall send, by hand or by registered mail, 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 if it were a notice of commencement of inquiry referred to in Rule 54.

Notice of Expiration

72. (1) Where an order or finding will be deemed to be rescinded at the expiration of a five-year period in accordance with Subsection 76(5) of the Special Import Measures Act, the Secretary shall, not later than eight months before the expiration of that period, cause to be published in the Canada Gazette a notice of expiration setting 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 submission must be filed by interested parties requesting or opposing the initiation of a review of the order or finding;

(d) instructions with respect to the filing of confidential information;

(e) the address to which written submissions or correspondence may be sent or delivered and at which information may be obtained; and

(f) such other information as the Tribunal specified.

(2) After the publication of a notice of expiration 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 pursuant to Subsection 76(2) of the Special Import Measures Act, advise the interested parties of that decision:

(b) if it decides not to initiate a review pursuant to Subsection 76(2) of that Act at the request of a person or government, make an order to that effect in accordance with Subsection 76(3.1) of that Act; or

(c) if it decides to initiate a review, ask the Secretary to cause a notice of review referred to in Rule 71 to be published.

Application of Certain Rules

73. Rules 59 and 60 apply, with such modifications as the circumstances require, to a review conducted by the Tribunal.

PART VII

RULINGS UNDER SECTION 89 AND RECONSIDERATIONS UNDER PARAGRAPH 91(1)(g)
OF THE SPECIAL IMPORT MEASURES ACT

Application

74. This Part applies:

(a) to a request made to the Tribunal by the Deputy Minister 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

(b) to a reconsideration, under paragraph 91(1)(g)of that Act, of an order or finding made by the Tribunal in an inquiry referred to in paragraph 90(c) of that Act.

Notice of Request by Deputy Minister

75. Where the Deputy Minister makes a request pursuant to Subsection 89(1) of the Special Import Measures Act, the Deputy Minister:

(a) shall give notice of the request to:

(i) each of the two or more persons referred to in that Subsection,

(ii) where the Deputy Minister 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

(iii) each exporter to Canada of those goods; and

(b) shall file with the Secretary a list of the names, addressed for service, telephone number and fax number, if any, of the persons given notice pursuant to paragraph (a).

Notice of Request for a Ruling

76. (1) Forthwith after the list referred to in paragraph 75(b) is filed with the Secretary, the Secretary shall cause to be published in the Canada Gazette a notice of request for a ruling setting out the following information:

(a) the statutory authority for the request for a ruling;

(b) the matter or thing that is the subject of the request for a ruling, together with such details or explanation of the request for a ruling as the Tribunal directs;

(c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed,

(d) instructions with respect to the filing of confidential information;

(e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

(f) where the Tribunal has directed that a hearing be held, the following information, namely:

(i) the place and time fixed for commencement of the hearing or, if the place and time have not been fixed, a statement that notice of the place and time fixed for the hearing will be given to any person who files with the Secretary a written request for such a notice,

(ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a Notice of Appearance in Form I, and

(iii) the date on or before which counsel for any person who files a Notice of Appearance in Form I must file with the Tribunal a Notice of Appearance in Form II and, where appropriate, a Declaration and Undertaking in Form III;

(g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the request for a ruling may be obtained; and

(h) such other information as the Tribunal specifies.

(2) The Secretary shall send, by hand or by registered mail, a copy of a notice of request for a ruling to the following persons:

(a) the Deputy Minister; and

(b) each person shown on the list referred to in paragraph 75(b).

Request for Reconsideration

77. A request to the Tribunal to reconsider, pursuant to paragraph 91(1)(9) of the Special Import Measures Act an order or finding made by it in an inquiry referred to in paragraph 90(c) of that 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 the person's counsel, if any;

(b) the nature of the person's interest in the order or finding;

(c) the grounds on which the person believes reconsideration of the order or finding is warranted and a statement of the facts on which the grounds are based; and

(d) the nature of the action that the person believes the Tribunal should take pursuant to paragraph 91(3)(a) of that Act on completion of the reconsideration.

Notice of Reconsideration

78. Where the Tribunal decides, on its own initiative or on request, to reconsider an order or finding pursuant to paragraph 91(1)(g) of the Special Import Measures Act, the Secretary shall forthwith cause to be published in the Canada Gazette a notice of reconsideration setting out the following information:

(a) the statutory authority for the reconsideration;

(b) the matter or thing that is the subject of the reconsideration, together with such details or explanation thereof as the Tribunal directs;

(c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of the written submission that must be filed;

(d) instructions with respect to the filing of confidential information;

(e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

(f) where the Tribunal has directed that a hearing be held, the following information, namely,

(ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a Notice of Appearance in Form I, and

(g) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the reconsideration may be obtained; and

(h) such other information as the Tribunal specifies.

Sending of Notice

79. The Secretary shall send, by hand or registered mail, a copy of the notice of reconsideration referred to in Rule 78 to the following persons and governments:

(a) where reconsideration of the order or finding referred to in that rule was initiated by the Tribunal at the request of a person interested, the person interested;

(b) the Deputy Minister;

(d) all parties to the inquiry in which the order or finding was made and governments to which notice of the making of the order or finding was given by the Tribunal; and

(e) such other person as the Tribunal specifies.

Forwarding of Notice of Action Taken and Reasons

80. In addition to the persons referred to in paragraph 91(3)(b) of the Special Import Measures Act, the Secretary shall forward by registered mail the notice of action taken and copies of the reasons for that action referred to in that paragraph to every other person to whom and government to which the Secretary was required by Rule 79 to send a copy of a Notice of Reconsideration.

Application of Certain Rules

81. Rules 58 to 60 apply, with such modifications as the circumstances require, to a request referred to in Subsection 89(1) of the Special Import Measures Act and any re-hearing in connection with a reconsideration by the Tribunal pursuant to paragraph 91(1)(g) of that Act.

PART VIII
COMPLAINTS BY DOMESTIC PRODUCERS

Application

82. This Part applies to a written complaint filed with the Tribunal under Subsection 23(1) or (1.1) of the Act by any domestic producer of goods that are like or directly competitive with any goods being imported into Canada, or any person or association acting on behalf of any such domestic producer, alleging that the imported goods are being imported in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods.

Additional Information Accompanying a Written Complaint

83. In addition to providing the information set out in Subsections 23(2) and (3) of the Act, a complaint filed with the Tribunal shall be signed by the complainant or by the complainant's counsel, if any, and shall be accompanied by the following information:

(a) the name, address for service, telephone number and fax number, if any of the complainant and of the complainant's counsel, if any;

(b) a list of any documents that may be useful in explaining or supporting the complaint;

(d) the actual and potential volume of the goods imported into Canada and the effect of the imported goods on prices of like or directly competitive goods in Canada, including:

(i) whether there has been a significant increase in the importation into Canada of the goods, either absolutely or relative to the production or consumption in Canada of like or directly competitive goods,

(ii) whether the prices of the goods imported into Canada have significantly undercut the prices of like or directly competitive goods produced and sold in Canada, and

(iii) whether the effect of the importation into Canada of the goods has been:

(A) to depress significantly the prices of like or directly competitive goods produced and sold in Canada, or

(B) to limit to a significant degree increases in the prices of like or directly competitive goods produced and sold in Canada; and

(e) the impact of the imported goods on domestic producers of like or directly competitive goods in Canada and all relevant economic factors and indices that have a bearing on the industry that comprises or includes the like or directly competitive goods, including, without limiting the generality of the foregoing.

(i) actual and potential decline in output, sales, market share, profits, productivity, return on investments and utilization of production capacity,

(ii) factors affecting domestic prices, and

(iii) actual and potential negative effects on cash flow, inventories, employment, wages, industry growth and ability to raise capital or investments.

PART IX
REFERENCES UNDER SECTION 18, 19, 19.1 OR 20 OF THE ACT

Application

84. This Part applies to a reference made to the Tribunal:

(a) pursuant to Section 18 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the economic, trade or commercial interests of Canada;

(b) pursuant to Section 19 of the Act, for inquiry into and report to the Minister on any tariff-related matter, except a matter referred to in Part X;

(c) pursuant to Section 19.1 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods that are entitled to the benefit of the United States Tariff of Schedule I to the Customs Tariff; and

(d) pursuant to Section 20 of the Act, for inquiry into and report to the Governor in Council on any matter in relation to the importation of goods or to the provision by persons normally resident outside Canada of services in Canada.

Notice of Inquiry

85. Where, pursuant to Section 18, 19, 19.1 or 20 of the Act, a matter is referred to the Tribunal for inquiry and report, the Secretary shall cause to be published in the Canada Gazette a notice of inquiry setting out the following information:

(a) the statutory authority for the inquiry;

(b) the matter or thing that is the subject of the inquiry, together with such details or explanation of the inquiry as the Tribunal directs;

(c) the date on or before which any written submission must be filed with the Tribunal and the number of copies of any written submission that must be filed;

(d) instructions with respect to the filing of confidential information;

(e) a statement as to whether the Tribunal has or has not directed that a hearing be held;

(f) where the Tribunal has directed that a hearing be held, the following information, namely:

(ii) the date on or before which any person interested in the matter or thing must file with the Tribunal a Notice of Appearance in Form I; and

(g) 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; and

(h) such other information as the Tribunal specifies.

Sending of Notice

86. The Secretary shall send, by hand or registered mail, a copy of a notice of inquiry referred to in Rule 85 to:

(a) where the inquiry is in relation to goods, all domestic producers, importers into Canada and exporters to Canada of such goods who are known to the Tribunal;

(b) where the inquiry is in relation to the provision of services, all persons who provide the services in Canada who are known to the Tribunal;

(d) any trade association that appears to the Tribunal to have a particular interest in the inquiry; and

(e) such other persons as the Tribunal specifies.

Hearing to be Held

87. (1) Notwithstanding that a notice of inquiry referred to in Rule 85 states that the Tribunal has not directed that a hearing be held, the Tribunal may, at any time after publication of the notice in the Canada Gazette, direct that a hearing be held if, at any time after that publication, it considers that the holding of a hearing is necessary or desirable.

(2) Where, pursuant to subrule (1), the Tribunal directs that a hearing be held, the Secretary shall cause to be published in the Canada Gazette a notice setting out that the Tribunal has so directed.

(3) Any notice given pursuant to subrule (2) shall include the information set out in paragraph 78(f).

Application of Certain Rules

88. Rules 59 and 60 apply, with such modifications as the circumstances require, to an inquiry conducted by the Tribunal in connection with a reference to which this Part applies.

PART X

REFERENCES UNDER SECTION 19 OF THE ACT ON MATTERS RELATING TO
THE GENERAL PREFERENTIAL TARIFF OR TO THE PROVISION OF
DUTY-FREE ENTRY FOR IMPORTS FROM COMMONWEALTH CARIBBEAN COUNTRIES

Application

89. This Part applies to a standing reference made to the Tribunal pursuant to Section 19 of the Act by the Minister for inquiry and report into:

(a) 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 listed in Schedule III 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 duty under Section 37 of the Customs Tariff are causing or threatening injury to that producer; or

(b) 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 listed in Schedule III to the Customs Tariff as a beneficiary of the Commonwealth Caribbean Countries tariff treatment and that are being imported into Canada at the free rate of duty under Section 53 of the Customs Tariff are causing or threatening injury to that producer.

Complaints by Producers

90. (1) A written complaint by a domestic producer referred to in Rule 89 shall be:

(a) signed by the complainant or by the complainant's counsel;

(b) filed with the Secretary; and

(i) the facts on which the allegations are based,

(ii) the nature of the relief sought,

(iii) the goods in issue,

(iv) the sources from which the goods are being imported at preferential rates,

(v) the name, address for service, telephone number and fax number, if any, of the complainant and of the complainant's counsel, if any,

(vi) a list of any documents that may be useful in explaining or supporting the complaint,

(vii) a list of any other domestic producers of the goods referred to in the complaint, indicating which, if any, of those producers support the complaint,

(viii) the information referred to in paragraphs 83(d) and (e), and

(ix) such other information as is available to the complainant to prove the facts referred to in subparagraph (i).

(2) Where the Tribunal is satisfied that the information provided by the complainant and any other information examined by it 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 Rule 89, the Tribunal shall commence an inquiry into the complaint.

Notice of Expiration

91. Where 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 Rule 89 is scheduled to expire, the Secretary shall, in order for the Tribunal to receive and review submissions that may be made by persons interested 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 expiration setting out the following information:

(a) the date on which the measure is scheduled to expire;

(b) the statutory authority for the review of the measure;

(d) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the review of the measure may be obtained; and

(e) such other information as the Tribunal specifies.

Application of Certain Rules

92. Rules 59, 60 and 85 to 87 apply, with such modifications as the circumstances require, to an inquiry conducted by the Tribunal in connection with a standing reference to which this Part applies.

SCHEDULE

FORMS I-X

______________________

* S.C. 1988 C. 65, S. 59(E)

** R.S. c. 47 (4th Supp.)

*** SOR/85-1068. 1985 Canada Gazette Part II, p. 4652