Rules Amending the Canadian International Trade Tribunal Rules: SOR/2018-87

Canada Gazette, Part II, Volume 152, Number 10

Registration

April 25, 2018

CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT

P.C. 2018-459 April 25, 2018

The Canadian International Trade Tribunal, after consultation with the Minister of Finance, pursuant to subsection 39(1)^footnotea of the Canadian International Trade Tribunal Act^footnoteb, makes the annexed Rules Amending the Canadian International Trade Tribunal Rules.

Ottawa, April 20, 2018

Jean Bédard
Acting Chairperson

Peter Burn
Member

Rose Ritcey
Member

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to subsection 39(1)^footnotea of the Canadian International Trade Tribunal Act^footnoteb, approves the annexed Rules Amending the Canadian International Trade Tribunal Rules, made by the Canadian International Trade Tribunal after consultation with the Minister of Finance.

Rules Amending the Canadian International Trade Tribunal Rules

Amendments

1 (1) The definitions Agency, Commissioner and Secretary in rule 2 of the Canadian International Trade Tribunal Rules^footnote1 are repealed.

(2) The definitions document, electronic transmission and intervener in rule 2 of the Rules are replaced by the following:

document means a submission, affidavit or any other documentary material, regardless of physical form or medium, including any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape and machine readable record, and any copy, in whole or in part, of that material; (document)

electronic transmission includes communication by fax, by email or by means of the Tribunal website (e-filing); (transmission électronique)

intervener means a person who

• (a) has filed a request to intervene and has been added as an intervener under rule 41, or
• (b) 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)

(3) The definition interested party in rule 2 of the Rules is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph:

• (d.1) a trade union that represents persons employed in the domestic industry producing like goods or directly competitive goods or an association that includes such trade unions; and

(4) Rule 2 of the Rules is amended by adding the following in alphabetical order:

request to intervene includes an appearance referred to in subsection 67(2) of the Customs Act or subsection 61(2) of the Special Import Measures Act; (demande d’intervention)

2 Rule 5 of the Rules is replaced by the following:

5 If a question of procedure arises that is not covered or not fully covered in these Rules, the question must be disposed of in a manner that the Tribunal directs and that is consistent with any of these Rules that are applicable and that considerations of procedural fairness permit.

3 (1) Subrule 12(1) of the Rules is replaced by the following:

12 (1) The parties must file their documents by electronic transmission.

(1.1) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing.

(1.2) Documents filed by electronic transmission shall constitute the original.

(2) Subrules 12(3) and (4) of the Rules are replaced by the following:

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

• (a) the sender’s name, postal and email addresses, and telephone and fax numbers ;
• (b) the total number of pages transmitted, including the cover page;
• (c) the title or description of the document transmitted; and
• (d) the name, telephone number and email address of a person to contact if transmission problems occur.
  

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

• (a) the sender’s name, telephone number, postal and email addresses;
• (b) the title or description of the document transmitted; and
• (c) the name, telephone number and email address of a person to contact if transmission problems occur.
  

(3) Paragraph 12(5)(a) of the English version of the Rules is replaced by the following:

• (a) if the document is filed by electronic transmission, the date of transmission; and

(4) Paragraph 12(5)(b) of the Rules is replaced by the following:

• (b) in any other case, the date on which the document is received by the Tribunal, as evidenced by the date stamped on it.

4 The Rules are amended by adding the following after rule 12:

Statement Under Oath

12.01 (1) If a statement made under oath or affirmation is filed by electronic transmission, it must include a handwritten signature and the following statement: “The document that is being submitted by electronic transmission to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.”

(2) The party filing the statement must keep the signed document in paper copy until one year after all time limits for appeals expire.

(3) On the Tribunal’s request, the party filing the statement must provide the signed document in paper copy for review.

5 (1) Paragraph 13(1)(a) of the Rules is amended by adding the following after subparagraph (i):

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

(2) Subrule 13(4) of the Rules is replaced by the following:

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

(3) The portion of subrule 13(5) of the Rules before paragraph (b) is replaced by the following:

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

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

(4) Paragraphs 13(5)(c) to (e) of the Rules are replaced by the following:

• (c) the total number of pages transmitted, including the cover page;
• (d) the title or description of the document transmitted; and
• (e) the name, telephone number and email address of a person to contact if transmission problems occur.

(5) Rule 13 of the Rules is amended by adding the following after subrule (5):

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

• (a) the sender’s name, telephone number, postal and email addresses;
• (b) the name of the person to be served;
• (c) the title or description of the document transmitted; and
• (d) the name, telephone number and email address of a person to contact if transmission problems occur.
  

(6) Paragraph 13(6)(a) of the Rules is replaced by the following:

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

(7) Subrule 13(6) of the Rules is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

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

6 Rule 13.1 of the Rules is replaced by the following:

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, courier or electronic transmission.

Certified Copy

13.2 If a document is filed by electronic transmission and a certified copy of the document is requested from the Tribunal, the Tribunal may provide an electronic copy, stamped “certified ”, of the document.

7 The heading before rule 14 of the Rules is replaced by the following:

Treatment of Certain Confidential Information

8 Rule 15 of the Rules is replaced by the following:

15 (1) A document that contains information designated as confidential under section 46 of the Act must be marked “CONFIDENTIAL” in capital letters on each page and the confidential information must be placed between square brackets and highlighted.

(2) Confidential information must be redacted in the non-confidential edited version of the document marked “CONFIDENTIAL” in capital letters. The version that contains the confidential information and the non-confidential edited version must be in the same format, including page and paragraph numbering and lines per page.

(3) Except for the purpose of Parts II and X, the filing of the documents referred to in this rule 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.

9 (1) Subrules 16(1) and (2) of the Rules are replaced by the following:

16 (1) A counsel for a party who wishes to have access to confidential information under subsection 45(3) of the Act must 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 information in the record of a proceeding, as well as in respect of that counsel’s disposal of the information at the close of the proceeding or in the event of a change of counsel.

(2) Subrules 16(3) to (5) of the Rules is replaced by the following:

(3) An expert who wishes to have access to confidential information under subsection 45(3) or (3.1) of the Act must 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 in respect of 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 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 must notify the counsel or the expert, as the case may be, of its decision as to whether to disclose the confidential information and on what terms and conditions that disclosure would be made.

10 Rule 17 of the Rules is renumbered as subrule 17(1) and is amended by adding the following:

(2) Despite subrule (1), a counsel for a party to a proceeding who has filed confidential information with the Tribunal may, in accordance with written directions issued by the Tribunal, serve that information on

• (a) a counsel who is acting on behalf of another party in the same proceeding, who has filed a declaration and undertaking under rule 16 and who has been granted access to that information; or
• (b) an expert who is acting under the control or direction of a counsel acting on behalf of another party in the same proceeding, who has filed a declaration and undertaking under rule 16 and who has been granted access to that information.

11 (1) The portion of subrule 18(1) of the Rules before paragraph (a) is replaced by the following:

18 (1) At the time of giving 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 counsel appear before the Tribunal or before a member, at a day, time and place fixed by the Tribunal, for a pre-hearing conference for the purpose of making representations, settling questions of procedure or merit before the hearing or receiving guidance from the Tribunal with respect to any of the following matters:

(2) Subrule 18(1) of the Rules is amended by adding the following after paragraph (d):

• (d.1) the question of whether a person who is to appear on behalf of a party is acknowledged by the parties to be an expert;

(3) Paragraph 18(1)(f) of the Rules is replaced by the following:

• (f) any other matter that is relevant to the proceeding.

(4) Subrule 18(3) of the Regulations is 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 or in settling questions of merit.

12 Subrule 19(2) of the Rules is replaced by the following:

(2) The Tribunal must, prior to or at the commencement of a hearing in a proceeding, make all confidential information that has been provided to the Tribunal or issued by it for the purposes of the proceeding available to each counsel and each expert who

• (a) has filed a declaration and undertaking under rule 16; and
• (b) has been granted access to the information.

(3) The Tribunal may make the information referred to in subrule (1) or (2) available to a party or the party’s counsel by transmitting the documents by hand, mail, courier or electronic transmission.

13 (1) Subrules 20(2) and (3) of the Rules are replaced by the following:

(2) The request must set out the name, postal address and telephone number and, if applicable email address of the party making the request and of the person to be subpoenaed.

(3) A subpoena must be served personally. At the time of service, an amount that is not less than the amount to which the person would have been entitled as fees and allowances, if summoned to attend before the Federal Court, must be paid or tendered to them.

(2) Subrule 20(4) of the English version of the Rules is replaced by the following:

(4) If a subpoena is served on a person, the original copy of the subpoena must be filed with the Tribunal without delay, together with proof of service on the person.

14 The Rules are amended by adding the following after rule 20:

Questionnaires and Requests for Information

20.1 (1) At any time in a proceeding, in order to obtain information, the Tribunal may order that a party or a non-party fill out a questionnaire or respond to a request for information.

(2) The party or the non-party may file with the Tribunal, within three working days after the issuance of the order, a letter explaining why an order should not have been issued or why the requested information cannot reasonably be provided.

(3) If a letter is filed under subrule (2), the matter must be disposed of in accordance with any instructions that the Tribunal may give.

15 The Rules are amended by adding the following after rule 21:

Affidavits

21.1 (1) The Tribunal may, on its own initiative or on the request of a party, direct that a person file an affidavit in support of any statement made in a proceeding before the Tribunal.

(2) Subject to subrule (3), an affidavit must be confined to a statement of facts within the personal knowledge of the person filing it.

(3) The Tribunal may allow the person to file an affidavit containing a statement of what the person believes to be the facts accompanied by a statement of the grounds by which they are supported.

16 Rule 22 of the Rules is replaced by the following:

22 (1) A party who intends to call an expert as a witness at a hearing must, not less than 30 days before the hearing, file with the Tribunal and serve on the other parties a report, signed by the proposed expert, setting out the proposed expert’s name, postal and email addresses, telephone number, qualifications, area of expertise and a summary of their testimony in sufficient detail to convey a reasonable understanding of it.

(2) A party on whom a report has been served and who wishes to rebut with expert evidence any matter set out in the report must, not less than 20 days before the hearing, file with the Tribunal and serve on the other parties a rebuttal expert report setting out a summary of the rebuttal evidence to be introduced in sufficient detail to convey a reasonable understanding of it.

(3) The rebuttal expert report must be signed by the author of the report and set out their name, postal and email addresses, telephone number, qualifications, area of expertise and a summary of their testimony in sufficient detail to convey a reasonable understanding of it.

(4) The Tribunal may, prior to the commencement of a hearing, direct that parties seek to reach an agreement

• (a) on whether a person has the requisite credentials or qualifications to be considered as an expert; and
• (b) on the proposed area of expertise of that person.

17 (1) Paragraphs 23(3)(b) and (c) of the Rules are replaced by the following:

• (b) counsel for a party or an expert who has been granted access to confidential information under rule 16;
• (c) employees of the Administrative Tribunals Support Service of Canada who have been directed, at the request of the Tribunal, to attend; and

(2) Subrules 23(4) and (5) of the Rules are replaced by the following:

(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, must notify the Tribunal in writing of the requirement and of the language of translation, at least 20 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 20 days before the hearing and the Tribunal determines that the use of translation is fair and equitable in the circumstances.

18 (1) Subrule 23.1(1) of the Rules is replaced by the following:

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.

(2) Rule 23.1 of the Rules is amended by adding the following after subrule (2):

(3) Before making a determination on the request, the Tribunal must provide an opportunity for the other parties to make representations.

19 The heading before rule 24 of the Rules is replaced by the following:

Motions

20 (1) The portion of subule 24(1) of the Rules before paragraph (a) is replaced by the following:

24 (1) The Tribunal must proceed by way of motion if

(2) The portion of subrule 24(2) of the Rules before paragraph (a) is replaced by the following:

(2) A motion must be in writing and set out

(3) Subrules 24(3) to (7) of the Rules are replaced by the following:

(3) A motion given by a party must be filed with the Tribunal and served on the other parties not less than five days before the day fixed for the commencement of the hearing.

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

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

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

(7) Despite subrules (2) to (5), a 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 made orally at the hearing and must be disposed of in accordance with any procedure that the Tribunal may direct.

21 Rule 24.1 of the Rules is replaced by the following:

24.1 (1) A party may file a motion seeking permission for the late filing of a document or physical exhibit.

(2) The motion is to set out

• (a) the reasons why the document or the physical exhibit was not filed within the applicable time limit;
• (b) the relevance of the document or physical exhibit to the proceeding; and
• (c) the reasons why the late filing should be permitted.

(3) The Tribunal may in exceptional circumstances and if it determines that it is fair and equitable in the circumstances, permit the document or the physical exhibit to be filed, in whole or in part during a period that the Tribunal fixes.

(4) The Tribunal must notify the parties of its decision under subrule (3) and the reasons for it.

22 Paragraph 25(a) of the Rules is replaced by the following:

• (a) way of a hearing at which the parties or their counsel appear in person before the Tribunal;

23 Rule 25.2 of the Rules and the heading before it are repealed.

24 Subrule 26(2) of the Rules is replaced by the following:

(2) A request for a postponement must be made at least 15 days before the hearing and must set out the reasons for the postponement.

25 Rules 27 of the Rules is replaced by the following:

27 Any person who wishes to obtain information in respect of the procedure followed by the Tribunal, or to inspect documents, exhibits or other material provided to it, must make a request to the Tribunal.

26 Rule 28 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 Tribunal must, without delay after it is made, forward, 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) The Tribunal must, without delay after the making of a decision, declaration, order, finding or other final ruling in a proceeding, cause a notice to that effect to be published in the Canada Gazette.

(3) If the Tribunal is required by subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of the Special Import Measures Act to send a copy of the order or finding in a proceeding as well as the reasons for making the order or finding to the persons specified in subsection 43(2), paragraph 76.01(6)(a) or 76.02(5)(a) or subsection 76.03(5) of that Act, as the case may be, it must also send a copy to every other person who was provided with a notice of commencement of the proceeding.

27 Paragraph 30(a) of the Rules is amended by adding “and” at the end of subparagraph (iii) and by repealing subparagraph (iv).

28 (1) Paragraphs 31(1)(a) and (b) of the Rules are replaced by the following:

• (a) with the President and the Tribunal, in the case of an appeal under the Customs Act or the Special Import Measures Act; or
• (b) with the Tribunal, in the case of an appeal under the Excise Tax Act or the Energy Administration Act.

(2) Subrule 31(3) of the Rules is replaced by the following:

(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 it.

29 The heading before rule 32 and rules 32 and 33 of the Rules are replaced by the following:

Sending of Acknowledgement of Receipt and Notice of Appeal

32 Except in the case referred to in section 81.25 of the Excise Tax Act, the Tribunal must, without delay after the filing of a notice of appeal, send an acknowledgement of receipt of the notice to the appellant and a copy of the notice to the respondent.

30 (1) Subrule 34(1) of the Rules is replaced by the following:

34 (1) The appellant must, within 60 days after receipt of an acknowledgement referred to in section 32,

• (a) file with the Tribunal a brief prepared in accordance with subrules (2) and (3); and
• (b) subject to rule 17, serve a copy of the brief without delay on the other parties, and send to the Tribunal a confirmation that the service has been effected.

(2) Paragraphs 34(2)(b) to (e) of the Rules are replaced by the following:

• (b) be numbered on each page;
• (c) be divided into paragraphs that are numbered consecutively and that set out
  • (i) a 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 statement of points in issue between the parties,
  • (iv) the statutory provisions relied on,
  • (v) the history of the proceeding before the filing of the notice of appeal,
  • (vi) the Tribunal’s jurisdiction to hear the appeal,
  • (vii) a brief statement of argument to be made at the hearing, and
  • (viii) the nature of the decision, order, finding or declaration sought;
• (d) 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 or as otherwise directed by the Tribunal;
• (e) 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
• (f) contain the name, address for service, telephone number and email address of the appellant and of the appellant’s counsel, if any.

(3) Paragraphs 34(3)(a) and (b) of the Rules are replaced by the following:

• (a) on any documents or authorities that were not available or that could not be included in a brief filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;
• (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and
• (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.

31 (1) Subrule 35(1) of the Rules is replaced by the following:

35 (1) The respondent must, within 60 days after the service of the appellant’s brief under rule 34, file a response with the Tribunal and, subject to rule 17, serve a copy of it on the other parties.

(2) Paragraphs 35(2)(b) to (e) of the Rules are replaced by the following:

• (b) be numbered on each page;
• (c) be divided into paragraphs that are numbered consecutively and that set out
  • (i) a statement of the grounds of opposition to the appeal 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) the history of the proceeding before the filing of the notice of appeal,
  • (vi) the Tribunal’s jurisdiction to hear the appeal,
  • (vii) a brief statement of argument to be made at the hearing, and
  • (viii) the relief sought;
• (d) 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;
• (e) 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
• (f) contain the name, address for service, telephone number and email address of the respondent and of the respondent’s counsel, if any.

(3) Paragraphs 35(3)(a) and (b) of the Rules are replaced by the following:

• (a) on any documents or authorities that were not available or that could not be included in a response filed with the Tribunal must, not less than 20 days before the hearing, file them with the Tribunal and, subject to rule 17, serve a copy of them on the other parties;
• (b) on any physical exhibit must, not less than 20 days before the hearing, file it with the Tribunal and notify the other parties of the filing; and
• (c) on any witness testimony must, not less than 20 days before the hearing, file with the Tribunal a list providing the name and occupation of any proposed witness as well as the language to be used at the hearing.

32 The heading before rule 36 of the English version of the Rules is replaced by the following:

Written Submissions and Documentary Evidence

33 Rule 36.1 of the Rules and the heading before it are repealed.

34 Rules 38 and 39 of the Rules are replaced by the following:

38 When the Tribunal has fixed the date for a hearing, it must notify all parties to the appeal and their counsel.

35 Rule 40 of the Rules is replaced by the following:

40 An intervention referred to in subsection 81.33(9) of the Excise Tax Act may be made by filing with the Tribunal a request to intervene.

36 The heading before Rule 40.1 of the Rules is replaced by the following:

Contents of a Request To Intervene

37 (1) Rule 40.1 of the Rules before paragraph (d) are replaced by the following:

40.1 A request to intervene must

• (a) include the nature of the interest of the person who wishes to be added as an intervener and the manner in which it may be affected;
• (b) set out a summary of the representations that would be made by the person and why their interest would not otherwise be adequately represented;
• (c) include the manner in which the person may assist the Tribunal in the resolution of the appeal; and

(2) Paragraph 40.1(d) of the English version of the Rules is replaced by the following:

• (d) include any other relevant matters.

38 The heading before rule 41 and rules 41 to 43 of the Rules are replaced by the following:

Intervener Added

41 (1) If a person files a request to intervene

• (a) the Tribunal must serve a copy of the request to intervene on every person who is a party to the appeal when the notice is filed; and
• (b) the parties to the appeal may make representations in respect of the notice.

(2) The Tribunal must determine whether to add the person as an intervener on the basis of the information provided by that person under rule 40.1 or any other consideration that the Tribunal considers relevant.

(3) If the Tribunal determines that the person is to be added as an intervener, the Tribunal must so notify the other parties to the appeal.

(4) An intervener is entitled to receive from the Tribunal copies of all of the documents, other than documents which contain confidential information, that were filed by each party to the appeal prior to their being added as an intervener and, subject to rule 16, the counsel or expert for the intervener is entitled to have access to documents which contain confidential information.

(5) Subject to rule 17, each party to the appeal must serve on the intervener copies of all of the documents served by that party on the other parties to the appeal on or after the day they are added as an intervener.

(6) The Tribunal may limit an intervener’s submission to any matter that may assist the Tribunal in the resolution of the appeal.

39 Rule 44 and 45 of the Rules are replaced by the following:

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 a notice with the Tribunal and by serving without delay a copy of it on the other parties to the appeal.

40 Rule 47 of the Rules and the heading before it are repealed.

41 Rule 50 of the Rules is replaced by the following:

50 If a reference is made by a person other than the President, the Tribunal must without delay give to the President written notice of the reference.

42 Paragraphs 51(a) and (b) of the English version of the Rules are replaced by the following:

• (a) any written complaint made to the President under 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 President when the President made the decision or reached the conclusion as a result of which the question was referred to the Tribunal; and

43 Subrules 52(2) and (3) of the Rules are replaced by the following:

(2) When the Tribunal has rendered its advice, it must without delay send a copy of the advice to the President and to every person and government named in the list referred to in paragraph 51(c).

(3) If the Tribunal terminates proceedings under paragraph 35.1(1)(c) of the Special Import Measures Act, the Tribunal must without delay give notice of the termination to the President and to every person and government named in the list referred to in paragraph 51(c) and in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act.

44 Rule 52.1 of the Rules is replaced by the following:

52.1 This Part applies to a preliminary injury inquiry conducted by the Tribunal under subsection 34(2) of the Special Import Measures Act as a consequence of the receipt of a notice of an initiation of an investigation of dumping or subsidizing in respect of goods.

45 (1) The portion of rule 52.2 of the Rules before paragraph (a) is replaced by the following:

52.2 If a notice of initiation of an investigation of dumping or subsidizing is filed with the Tribunal, it must without delay cause to be published in the Canada Gazette a notice of commencement of a preliminary inquiry that sets out the following information:

(2) Paragraph 52.2(i) of the Rules is replaced by the following:

• (i) any other information that the Tribunal considers relevant to the inquiry.

46 (1) The portion of rule 52.4 of the Rules before paragraph (a) is replaced by the following:

52.4 If the President causes an investigation to be initiated respecting the dumping or subsidizing of goods under section 31 of the Special Import Measures Act, the President must file with the Tribunal, in addition to the notice required to be given under paragraph 34(1)(a) of that Act,

(2) Paragraphs 52.4(a) to (c) of the English version of the rules are amended by replacing, with any necessary modifications, “Commissioner” with “President”.

47 Rule 52.5 of the Rules is replaced by the following:

52.5 If the Tribunal causes a preliminary inquiry to be terminated under paragraph 35.1(1)(b) of the Special Import Measures Act, it must give notice of the termination to every person and government referred to in rule 52.3 and in respect of which a notice is not required to be given under paragraph 35.1(2)(a) of that Act.

48 Rule 53 of the Rules is replaced by the following:

53 This Part applies to an inquiry, in respect of injury or retardation or threat of injury, made by the Tribunal under section 42 of the Special Import Measures Act as a consequence of the receipt of a notice of a preliminary determination of dumping or subsidizing in respect of goods.

49 (1) The portion of rule 54 of the Rules before paragraph (a) is replaced by the following:

54 If a notice of a preliminary determination of dumping or subsidizing is filed with the Tribunal under the Special Import Measures Act, the Tribunal must without delay cause to be published in the Canada Gazette a notice of commencement of inquiry that sets out the following information:

(2) Paragraph 54(b) of the Rules is replaced by the following:

• (b) the subject-matter of the inquiry;

(3) Paragraph 54(k) of the Rules is replaced by the following:

• (k) any other information that the Tribunal considers relevant to the inquiry.

50 The portion of rule 56 of the Rules before paragraph (a) is replaced by the following:

56 If the President makes a preliminary determination of dumping or subsidizing with respect to goods under section 38 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in paragraph 38(3)(b) of that Act, the following materials:

51 (1) The portion of rule 57 of the Rules before paragraph (a) is replaced by the following:

57 If the President makes a final determination of dumping or subsidizing with respect to goods under section 41 of the Special Import Measures Act, the President must cause to be filed with the Tribunal, in addition to the written notice referred to in subsection 41(3) of that Act, the following materials:

(2) Paragraph 57(c) of the Rules is amended by adding the following:

• (c) a document that contains information with respect to
  • (i) domestic producers, importers into Canada and exporters to Canada of such goods who are known to the President, and
  • (ii) the volume of the goods imported into Canada and the proportion of those goods found by the President to be dumped or subsidized;
• (c.1) documents setting out the margin of dumping in relation to the goods that are imported into Canada from each country subject to an inquiry, which margin of dumping is the weighted average of the margins of dumping determined in accordance with section 30.2 of the Special Import Measures Act expressed as a percentage of the export price of the good;
• (c.2) documents setting out the amount of subsidy in relation to the goods that are imported into Canada from each country subject to an inquiry, expressed as a percentage of the export price of the goods; and
  

52 The portion of rule 59 of the Rules before paragraph (a) is replaced by the following:

59 In an inquiry, the Tribunal must, after the expiry of the day on or before which interested parties are required to file a notice of participation, make available, on any conditions that are established by the Tribunal under subsection 45(3) of the Act,

53 Paragraph 61.1(8)(b) of the Rules is replaced by the following:

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

54 Rule 62 of the Rules and the heading before it are replaced by the following:

Information To Be Filed by Tribunal — Advice Under Section 46 of Special Import Measures Act

62 If the Tribunal advises the President under section 46 of the Special Import Measures Act, it must cause to be filed with the President, in addition to the written notice referred to in that section, a copy of the information relied on in giving its advice.

55 (1) Paragraph 68.1(1)(b) of the Rules is replaced by the following:

• (b) the subject-matter of the inquiry, together with any other relevant details of the inquiry;

(2) Paragraph 68.1(1)(i) of the Rules is replaced by the following:

• (i) any other information that the Tribunal considers relevant to the inquiry.

56 The Rules are amended by adding the following after section 68.4:

PART V.2

Anti-Circumvention Investigations

68.5 If the President makes a finding that there is circumvention under subsection 75.1(1) of the Special Import Measures Act, the decision filed with the Tribunal must be accompanied by the record of the decision and the statement of essential facts on which the determination was based.

57 The portion of subrule 70(1) of the Rules before paragraph (a) is replaced by the following:

70 (1) A request by a person to the Tribunal for a review under subsection 76.01(1) or 76.02(1) of the Special Import Measures Act must set out the following information:

58 (1) Paragraph 71(1)(b) of the Rules is replaced by the following:

• (b) the subject-matter of the review, together with any other relevant details of the review;

(3) Subrule 71(2) of the Rules is replaced by the following:

(2) The Tribunal must send a copy of a notice of review to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

59 Rule 73 of the Rules is replaced by the following:

73 For the purposes of subsections 76.01(6) and 76.02(5) of the Special Import Measures Act, the other persons to whom and governments to which a copy of the order or finding and reasons for it must be forwarded are the persons — other than the President — and governments who received a copy of the notice of review.

60 Subrules 73.1(2) and (3) of the Rules are replaced by the following:

(2) After the publication of a notice of expiry referred to in subrule (1), the Tribunal must, if it does not receive a request for a review from a person or government and it decides not to initiate a review on its own initiative under subsection 76.03(3) of the Special Import Measures Act, advise the interested parties of that decision.

(3) If the Tribunal decides to initiate a review, the information that must be included in a notice of the initiation of a review that the Tribunal must cause to be published in the Canada Gazette, in accordance with subsection 76.03(6) of the Special Import Measures Act, is the information specified in subrule 71(1).

(4) The Tribunal must send a copy of a notice of expiry to each person to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

(5) For the purposes of paragraph 76.03(6)(a) of the Special Import Measures Act, the other persons to whom and government to which a notice of the Tribunal’s decision to initiate an expiry review must be sent are the persons — other than the President — to whom and government to which it would be required by rule 55 to send a copy of the notice of commencement of inquiry if the review were an inquiry referred to in rule 53.

61 Rule 73.2 of the Rules is replaced by the following:

73.2 In order to decide whether an expiry review under section 76.03 of the Special Import Measures Act is warranted, the Tribunal may request the parties to provide information in relation to the factors prescribed in section 37.2 of the Special Import Measures Regulations and any other matter that is relevant to the review.

62 (1) The portion of rule 73.3 of the Rules before paragraph (a) is replaced by the following:

73.3 If the President determines that the expiry of the order or finding is likely to result in a continuation or resumption of dumping or subsidizing, the President must provide without delay to the Tribunal under subsection 76.03(9) of the Special Import Measures Act the following information:

(2) Paragraph 73.3(c) of the English version of the Rules is replaced by the following:

• (c) any other information that has been taken into consideration by the President.

63 Rule 73.4 of the Rules is replaced by the following:

73.4 If the Tribunal makes an order under subsection 76.03(12) of the Special Import Measures Act, it must cause a notice of it to be published in the Canada Gazette and send a copy of the order and reasons for it to each party as well as to each person who was provided with the notice of the Tribunal’s decision to initiate the expiry review.

64 Subrule 73.5(1) of the Rules is replaced by the following:

73.5 (1) If the Minister requests the Tribunal to review an order or a finding under subsection 76.1(1) of the Special Import Measures Act, the Tribunal must publish a notice of review in the Canada Gazette that sets out the information specified in subrule 71(1).

65 Rule 73.6 of the Rules is replaced by the following:

73.6 If the Tribunal continues or amends an order or a finding under subsection 76.1(2) of the Special Import Measures Act, it must cause a notice of its decision to be published in the Canada Gazette and send a copy of the decision and the reasons for it to each party as well as to each person who was provided with the notice of review.

66 Subrule 73.7(2) of the Rules is replaced by the following:

(2) Rules 61.1 and 61.2 do not apply to a review under section 76.01, 76.02 or 76.1 of the Special Import Measures Act.

67 Subparagraph 75(a)(ii) of the English version of the Rules is replaced by the following:

• (ii) if the President 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

68 (1) The portion of subrule 76(1) of the Rules before paragraph (a) is replaced by the following:

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

(2) Paragraph 76(1)(b) of the Rules is replaced by the following:

• (b) the matter or thing that is the subject of the request for a ruling;

(3) Paragraph 76(1)(h) of the Rules is replaced by the following:

• (h) any other information that the Tribunal considers relevant to the ruling.

69 The portion of rule 77 of the Rules before paragraph (a) is replaced by the following:

77 A request to the Tribunal to reconsider, under paragraph 91(1)(g) 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 must be filed with the Tribunal and must set out the following information:

70 (1) The portion of rule 78 of the Rules before paragraph (a) is replaced by the following:

78 If the Tribunal decides, on its own initiative or on request, to reconsider an order or finding under paragraph 91(1)(g) of the Special Import Measures Act, it must without delay cause to be published in the Canada Gazette a notice of reconsideration setting out the following information:

(2) Paragraph 78(b) of the Rules is replaced by the following:

• (b) the matter or thing that is the subject of the reconsideration;

(3) Paragraph 78(h) of the Rules is replaced by the following:

• (h) any other information that is relevant to the reconsideration.

71 Rule 79 of the Rules is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

72 Rule 82 of the Rules is replaced by the following:

82 This Part applies in respect of a written complaint filed with the Tribunal under subsection 23(1), (1.01), (1.02), (1.03), (1.04), (1.05), (1.06), (1.061), (1.07), (1.08), (1.081), (1.09), (1.091), (1.092), (1.093), (1.094), (1.095), (1.096), (1.097), (1.098) or (1.1) of the Act by a domestic producer of goods that are like or directly competitive with goods being imported into Canada, or by a person or an association acting on behalf of such a domestic producer.

73 The heading of Part IX of the Rules is replaced by the following:

References Under Section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act

74 Paragraph 84(c) of the Rules is replaced by the following:

• (c) pursuant to section 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192 or 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, under the Customs Tariff, to the United States Tariff, the Mexico Tariff, the Mexico-United States Tariff, the Canada-Israel Free Trade Agreement Tariff, the Chile Tariff, the Columbia Tariff, the Costa Rica Tariff, the Panama Tariff, the Iceland Tariff, the Norway Tariff, the Switzerland-Liechtenstein Tariff, the Peru Tariff, the Jordan Tariff, the Honduras Tariff, the Korea Tariff or the Ukraine Tariff; and
  

75 (1) The portion of rule 85 of the Rules before paragraph (a) is replaced by the following:

85 If under section 18, 19, 19.01, 19.011, 19.012, 19.0121, 19.013, 19.0131, 19.014, 19.015, 19.016, 19.017, 19.018, 19.019, 19.0191, 19.0192, 19.1 or 20 of the Act, a matter is referred to the Tribunal for inquiry and report, the Tribunal must cause to be published in the Canada Gazette a notice of inquiry setting out the following information:

(2) Paragraph 85(b) of the Rules is replaced by the following:

• (b) the imported goods that are the subject of the inquiry, including their tariff classification;

(3) Paragraph 85(h) of the Rules is replaced by the following:

• (h) any other information that is relevant to the inquiry.
  

76 Rule 86 of the Rules is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

77 Subrule 87(2) of the Rules is replaced by the following:

(2) If, under subrule (1), the Tribunal directs that a hearing be held, it must cause to be published in the Canada Gazette a notice setting out that it has so directed.

78 Subrule 90(1) of the Rules is amended by adding “and” at the end of paragraph (a) and by repealing paragraph (b).

79 (1) The portion of rule 91 of the Rules before paragraph (a) is replaced by the following:

91 If a temporary safeguard measure that has been implemented by the Government of Canada to prevent or remedy the injury caused to domestic producers by imports under the tariff preferences referred to in paragraph 89(a) is scheduled to expire, the Tribunal must, in order for it to receive and review written submissions that may be made by interested parties in relation to the future status of the measure, cause to be published in the Canada Gazette, not later than 10 months before the measure is scheduled to expire, a notice of expiry that sets out the following information:

(2) Paragraph 91(e) of the Rules is replaced by the following:

• (e) any other information that is relevant to the measure.

80 (1) The portion of rule 92.1 of the Rules before paragraph (a) is replaced by the following:

92.1 If the Tribunal is required to conduct a mid-term review under section 19.02 of the Act, it must cause to be published in the Canada Gazette, not later than five months before the review, a notice of review that sets out the following information:

(2) Paragraph 92.1(f) of the Rules is replaced by the following:

• (f) any other information that the Tribunal considers relevant to the review.

81 Rule 92.2 of the Rules is replaced by the following:

92.2 The Tribunal must send a copy of the notice of mid-term review referred to in rule 92.1 to other interested parties.

82 The heading “Interpretation” before rule 93 and rule 93 of the Rules are replaced by the following:

Definition

93 In this Part working day means a day that is not a Saturday or a holiday.

83 Rule 94 of the Rules is replaced by the following:

94 This Part applies in respect of inquiries into complaints filed with the Tribunal by potential suppliers under subsection 30.11(1) of the Act.

84 Subrule 96(2) of the Rules is replaced by the following:

(2) For the purpose of subrule (1), the day of receipt is the day stamped on the complaint or on the document containing the information that corrects the deficiencies.

85 The heading before rule 97 and rules 97 to 105 of the Rules are replaced by the following:

Sending of Complaint

100 If the Tribunal decides to conduct an inquiry under subsection 30.13(1) of the Act, it must, without delay send a copy of the complaint to the government institution.

Notice of Decision Not To Inquire

101 If the Tribunal decides not to conduct an inquiry for reasons other than those set out in subsection 30.13(5) of the Act, it must without delay notify, in writing, the complainant, the relevant government institution and any other party that the Tribunal considers to be an interested party.

Exchange of Information

102 If a designated contract that is the subject of a complaint has been awarded, the following rules apply:

• (a) the government institution must, without delay upon being notified of the complaint, file with the Tribunal in writing
  • (i) the name and postal and email addresses of the contractor to whom the designated contract was awarded, and
  • (ii) if known by the government institution, the name of a representative of the contractor; and
• (b) the Tribunal must, without delay after receipt of the information, send the contractor a copy of all the information provided to the Tribunal as part of the complaint that has not been designated as confidential under section 46 of the Act.

Government Institution Report

103 (1) Subject to subrule 107(5), the government institution must, not later than 25 days after the first working day following the receipt of a copy of the complaint referred to in rule 100, file with the Tribunal a report containing a copy of

• (a) the solicitation, including the specifications or portions of it that are relevant to the complaint;
• (b) all other documents that are relevant to the complaint;
• (c) a statement that sets out all findings, actions and recommendations of the government institution and that responds fully to all allegations that are contained in the complaint; and
• (d) any additional evidence or information that may be necessary to resolve the complaint.

(2) A copy of the complaint is considered to be received by a government institution only when the government institution is in receipt of all of the documents contained in the complaint, including all documents that contain confidential information.

Comments on Government Institution Report

104 Subject to subrule 107(5), the complainant must, within seven days after receipt of a copy of the report referred to in subrule 103(1), file with the Tribunal any comments on the report or make a written request to have the case decided on the basis of the existing record.

Extension of Time Limits

104.1 (1) A party to a complaint may make a written request to the Tribunal for an extension of a time limit set out in this Part. The party must set out in the request the reasons for the extension and notify all other parties of the request.

(2) The Tribunal must determine, in writing, whether the circumstances of the complaint warrant granting the extension and, if appropriate, must fix a new time limit.

(3) If the Tribunal, on its own initiative, considers that the circumstances of a complaint warrant the extension of a time limit set out in this Part, the Tribunal must fix a new limit in writing.

Hearing of Complaints

105 (1) The Tribunal may, in respect of the merits of a complaint or any matter that is relevant to the consideration of the complaint and on the written request of a party or on its own initiative, hold an electronic hearing or a hearing at which the parties or their counsel appear in person before the Tribunal.

(2) A request for a hearing must be submitted as soon as possible during the course of the proceeding.

(3) The Tribunal must set a date, time and place for the hearing and notify the parties of them.

(4) The Tribunal must give notice to the parties of the subject-matter of the hearing.

86 (1) Subrule 107(1) of the Rules is replaced by the following:

107 (1) If the complainant or the government institution requests an expeditious determination of a complaint, the Tribunal must consider the feasibility of using the express option procedure set out in subrule (5).

(2) Subrules 107(3) and (4) of the Rules are replaced by the following:

(3) A request for the express option must be made in writing and submitted to the Tribunal without delay.

(4) The Tribunal must determine whether or not to apply the express option and must notify the complainant, the government institution and any interveners of the determination.

(5) Paragraphs 107(5)(a) to (d) of the Rules are replaced by the following:

• (a) the government institution must, within 10 working days after the day on which it is notified by the Tribunal that the express option is to be applied, file with the Tribunal a report on the complaint containing the documents referred to in subrule 103(1);
• (b) the complainant must, within five days after receipt of a copy of the report, file with the Tribunal comments on the report or make a written request to have the case to be decided on the basis of the existing record;

87 Rule 108 of the Rules and the heading before it are repealed.

88 (1) Paragraphs 113(c) of the Rules is replaced by the following:

• (c) the date on or before which an other interested party must file a notice of participation;

(2) Paragraph 113(j) of the Rules is replaced by the following:

• (j) any other information that the Tribunal considers relevant to the extension inquiry.

89 The Rules are amended by replacing “Commissioner” with “President” in the following provisions:

• (a) in the definition respondent in rule 2;
• (b) subparagraph 13(3)(b)(i);
• (c) the portion of paragraph 30(a) before subparagraph (i);
• (d) the heading before rule 50;
• (e) the heading before rule 51;
• (f) the portion of rule 51 before paragraph (a) and paragraph 51(c);
• (g) paragraph 52.3(a);
• (h) the heading before rule 52.4;
• (i) paragraph 55(a);
• (j) the heading before rule 56;
• (k) paragraph 56(b), subparagraphs 56(c)(i) and (ii) and paragraph 56(d);
• (l) the heading before rule 57;
• (m) paragraphs 57(b) and (d);
• (n) paragraph 68.1(2)(a);
• (o) paragraph 69(a);
• (p) paragraph 74(a);
• (q) the heading before rule 75;
• (r) the portion of rule 75 before paragraph (a);
• (s) paragraph 76(2)(a); and
• (t) paragraph 79(b).

90 The Rules are amended by replacing “Secretary” with “Tribunal” in the following provisions:

• (a) the portion of rule 52.3 before paragraph (a);
• (b) the portion of rule 55 before paragraph (a);
• (c) the heading before rule 58;
• (d) the portion of rule 58 before paragraph (a);
• (e) rules 65 and 66;
• (f) the portion of subrule 68.1(1) before paragraph (a) and the portion of subrule 68.1(2) before paragraph (a);
• (g) the heading before rule 68.2;
• (h) the portion of rule 68.2 before paragraph (a);
• (i) the portion of subrule 71(1) before paragraph (a);
• (j) the portion of subrule 73.1(1) before paragraph (a);
• (k) subrule 73.5(2);
• (l) paragraph 75(b);
• (m) subparagraph 76(1)(f)(i) and the portion of subrule 76(2) before paragraph (a);
• (n) subparagraph 78(f)(i);
• (o) the portion of rule 79 before paragraph (a);
• (p) rule 80;
• (q) subparagraph 85(f)(i); and
• (r) the portion of rule 86 before paragraph (a);
  

91 The Rules are amended by replacing “subrule 16(1) or (2)” with “subrule 16(1)” in the following provisions:

• (a) paragraph 52.2(d);
• (b) paragraph 54(d);
• (c) paragraph 59(a);
• (d) paragraph 68.1(1)(d);
• (e) paragraph 71(1)(d);
• (f) subparagraph 76(1)(f)(iii);
• (g) subparagraph 78(f)(iii);
• (h) subparagraph 85(f)(iii); and
• (i) paragraph 113(d).

92 The French version of the Rules is amended by replacing « à la connaissance du Tribunal » with « à sa connaissance » in the following provisions:

• (a) paragraph 52.3(b);
• (b) paragraph 55(b);
• (c) paragraph 68.1(2)(b); and
• (d) paragraphs 86(a) and (b).

Coming into Force

93 These Rules come into force on the day on which section 68 of the Budget Implementation Act, 2017, No. 1, chapter 20 of the Statutes of Canada, 2017, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

The Canadian International Trade Tribunal Rules (CITT Rules) set out the rules of procedure of the Canadian International Trade Tribunal (CITT). Certain provisions have become obsolete, outdated or inefficient. Amendments to the CITT Rules are required to ensure that they reflect modern tribunal procedures that are more transparent and efficient.

Background

The CITT is an independent quasi-judicial administrative tribunal that reports to the Parliament through the Minister of Finance. The CITT is mandated under the Canadian International Trade Tribunal Act (CITT Act) to inquire into whether dumped or subsidized imports injure domestic industry, inquire into complaints by potential suppliers (both domestic and foreign) concerning procurement by the federal government that is covered under various trade agreements, to hear and decide customs and excise tax appeals, conduct safeguard inquiries and provide advice to the Government on economic, trade and tariff issues at the request of the Governor in Council or the Minister of Finance.

The CITT follows rules and procedures similar to those of a court; for instance, the CITT has the same powers as a superior of record to subpoena witnesses and require parties to produce documents relevant to a proceeding. However, in order to facilitate greater access, the CITT’s rules and procedures are not as formal or strict as those of a court.

In all proceedings, before the CITT makes a decision, parties (individuals, corporations, or governments) have the opportunity to file submissions (evidence and arguments) and to respond to each other. Third parties (interveners) who have an interest in the outcome of a CITT proceeding may also be allowed to participate. For example, in a complaint regarding a government procurement, the parties directly involved are the government institution and the person bringing the complaint; however, the person or corporation that won the government contract being complained about will often be granted intervener status because they may also be affected by the outcome of the proceeding.

The CITT regularly holds oral hearings as part of its proceedings to allow parties to call witnesses, who give evidence by oral testimony, as well as to explain their points of view and present arguments in person. Interveners may also participate in hearings. The CITT’s hearings are carried out as informally and expeditiously as the circumstances and considerations of fairness permit.

In the 2016–2017 fiscal year, the CITT concluded 12 trade remedy proceedings, 94 proceedings regarding procurement complaints, 29 appeals from Canada Border Services Agency (CBSA) decisions under the Customs Act, and reported on one trade issue referred to it by the Governor in Council. The CITT has little control over the volume and complexity of its workload and faces tight statutory deadlines for most of its cases. Efficient management of its cases through reduction of administrative burden, early identification of issues, and other procedures that allow for shorter hearings, are therefore critical for the CITT to effectively carry out its mandates.

The CITT Rules set out the CITT’s procedural rules. The CITT and parties appearing before the CITT are expected to abide by these rules in all proceedings. The CITT Rules were first introduced in 1991 and have not been substantially revised since 2000.

Over the years, various amendments have been made to the legislation and regulations that govern the CITT’s mandate, including the CITT Act, the Special Import Measures Act (SIMA) and the Special Import Measures Regulations (SIMR). For example, the provisions of the CITT Act establishing the position of the Secretary of the Tribunal and the appointment of CITT support staff were repealed following the establishment of the Administrative Tribunal Support Service of Canada in November 2014. However, corresponding provisions in the CITT Rules were not updated at the time.

Certain practices and procedures of the CITT have also evolved over time as a result of technological developments (e.g. electronic filing) or to facilitate access to the CITT (e.g. elimination of paper copies). Notably, the CITT has moved to an electronic filing system consisting of a secure e-filing portal accessible through the CITT website and an internal electronic case management system, in order to decrease the paper burden on interested parties and to facilitate more expeditious proceedings. Until these amendments, these changes were not reflected in the CITT Rules, which required parties to file multiple paper copies of all submissions to the CITT and, in some cases, specified the number of copies that must be provided.

Under the CITT Rules, the CITT is provided with authority to vary, dispense with or supplement any of the CITT Rules, subject to the confines of the applicable laws and requirements of procedural fairness, where it is fair and equitable to do so or to facilitate a more expeditious or informal process. This authority allowed for updates to be made to the CITT’s procedures in advance of them being prescribed by the CITT Rules.

Objectives

The objective of these amendments is to

• update the CITT Rules to reflect the current practices and procedures of the CITT;
• implement additional minor changes that increase the transparency and efficiency of proceedings as a result of consultations with stakeholders that have taken place since 2010; and
• make consequential amendments that are required to reflect amendments made to the CITT’s governing legislation.

Description

This amendment modifies the CITT Rules as follows:

• The electronic filing of documents (e.g. written evidence, argument, witness statements, etc.) is established as the preferred method of filing; and the need for the filing of paper copies is eliminated, except in exceptional circumstances (e.g. in instances where parties cannot use e-filing due to limited internet access).
• A new rule allows counsel for parties to send confidential information directly to other counsel who have been granted access to confidential information in a proceeding. Previously only the CITT could send confidential information filed by a party to counsel for other parties. This change reflects current practice, as the CITT will often instruct counsel to send this information directly to other counsel with access to confidential information.
• Rules requiring the CITT to receive and distribute parties’ submissions in a procurement proceeding are also eliminated. The CITT will remain responsible for distributing the initial complaint documents to the Government of Canada and the contract awardee, but parties will generally be permitted to provide all documents filed after the initial complaint documents directly to one another. These changes, which reflect current practice, eliminate delays caused by the need for the CITT to process such documents and increase the efficiency of proceedings.
• New rules explicitly state the power of the CITT to compel a non-party to file a questionnaire response, to provide specific information to the Tribunal, or to file an affidavit. The CITT has the power, as a court of record, to compel the production of information as per the CITT Act. These provisions codify the process already followed by the CITT in this regard.
• Outdated references to CITT forms are eliminated (e.g. the form for making a request for a subpoena, the form for making a request for an extension to the deadline to file an appeal under the Excise Tax Act, and the form for filing a request to intervene in an appeal under the Customs Act). These forms no longer exist and the Tribunal currently accepts these requests in whatever format the parties choose.
• The requirements for submitting requests to intervene in CITT appeals proceedings are amended so that potential interveners are required to spell out in more detail the nature of their interest in the appeal, and why their interests would not be adequately represented by current parties to the proceeding. In addition, the current CITT practice of consulting the existing parties to the proceeding regarding the relevance of intervener participation will be codified. The amendments also specify, consistent with current practice, that the CITT may order that interveners’ submissions be limited to those that will assist the CITT in resolving the matter.
• To increase efficiency of case management, certain deadlines will be advanced, including deadlines for filing expert reports (30 days before the hearing instead of 20), identifying lists of witnesses in appeals proceedings (20 days before the hearing) and oral translation requirements (20 days before the hearing instead of 30), and requests for postponement of a hearing (15 days before the hearing instead of 10).
• A requirement will be introduced for the President of the CBSA, following a final determination of dumping, to provide the CITT with the margin of dumping and the amount of subsidy for each country subject to an inquiry under SIMA. SIMA was recently amended to remove the requirement for the President of the CBSA to perform these calculations; however, the CITT still requires this information in order to conduct its injury analysis under SIMA.
• A rule is added to require that, if the President of the CBSA makes an anti-circumvention finding, the President must file the record of that decision and a statement of essential facts with the CITT.
• The definition of “interested party” in the CITT Rules has been amended to add trade unions. This amendment reflects the changes made to the SIMR and the CITT Regulations and explicitly recognizes the participatory rights of trade unions in trade remedy proceedings before the CITT.
• Housekeeping amendments have been made to update references to terms and legislation within the CITT Rules (e.g. the “Secretary” will be replaced with the “Tribunal”; the “Commissioner” with the “President”); amendments to the SIMA and CITT Act are now reflected.
• Rules 97 to 99 regarding the notification requirements that the CITT follows upon receipt of a complaint have been repealed, as they duplicate requirements that are already set out in section 30.12 of the CITT Act.
• The language prescribed in the CITT Rules has been modified in general to reflect current plain language drafting conventions.

“One-for-One” Rule

The amendments codify the existing practices of the CITT that allow stakeholders to participate in CITT proceedings in a more efficient and less burdensome manner. The amendments also introduce minor changes to filing deadlines, which do not add any new administrative burden on business. Accordingly, the “One-for-One” Rule does not apply to these amendments, as there is no increase in administrative costs to business.

While the CITT has authority to vary its own rules in the interests of fairness and expediency, codification of these practices will eliminate the discrepancies between current practices and procedures and outdated provisions of the CITT Rules that may cause confusion and inefficiencies in some proceedings.

Small business lens

The small business lens does not apply to these amendments, as there are no costs being imposed on small business.

Consultation

The CITT held extensive consultations from 2010 to 2013; and, intermittently, since 2015, to identify areas where the CITT Rules could be streamlined to improve the efficiency of its proceedings. Stakeholders who have been consulted include federal government departments and agencies who participate in certain CITT proceedings as parties to the proceeding (e.g. Public Services and Procurement Canada, the CBSA); a broad-cross section of parties that also regularly participate in CITT proceedings; legal representatives of such parties from the private sector or from the Department of Justice; and various private sector industry associations.

Based on the feedback received, the CITT’s procedures were modernized and streamlined as described above.

Rationale

These amendments codify changes that have already been made to the CITT’s procedures. This has resulted in decreases in administrative burden for parties participating in CITT proceedings. In addition, these amendments introduce minor amendments that further enhance the efficiency and transparency of the CITT Rules. Many, but not all, of these changes have been implemented through various public CITT documents containing guidance to parties and counsel (known as practice notices) or solely through administrative changes, pursuant to the CITT’s power to vary its own rules in the interests of fairness and expediency.

Codification of these changes through amendments to the CITT Rules will provide interested parties with access to a comprehensive and up-to-date list of rules, enhance the transparency of the rules governing the CITT’s procedures, and mitigate confusion on whether outdated requirements within the CITT Rules still apply.

There are no costs for the Government of Canada or industry stakeholders associated with these amendments.

Implementation, enforcement and service standards

The CITT will continue to administer and interpret these changes in the course of fulfilling its mandate under its governing legislation.

Contacts