Canadian International Trade Tribunal Rules (SOR/91-499)

Means of Transmission

13.1 Unless otherwise provided by these Rules or any other law, any sending, transmitting, notifying, servicing or filing may be done by hand, mail, registered mail, 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.

Treatment of Certain 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 (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.

Disclosure of Information to Counsel or to Expert

• 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• (2) [Repealed, SOR/2018-87, s. 9]

• (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.

Filing and Communication of Confidential Information

• 17 (1) Subject to any other provisions of these Rules, confidential information shall be filed with the Tribunal and may be served only by the Tribunal.

• (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.

Pre-hearing Conference

• 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:

  • (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;

  • (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;

  • (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 that is relevant to the proceeding.

• (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 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.

• (4) The Tribunal may conduct the pre-hearing conference in any manner that gives the parties or their counsel a fair opportunity to participate.

• (5) [Repealed, SOR/2000-139, s. 9]

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 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.

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) 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.

• (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.

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.

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) and (3) [Repealed, SOR/2000-139, s. 11]

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.

Experts

• 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.

Hearings

• 23 (1) Subject to subrule (2), all of the hearings at which the parties or their counsel may appear before the Tribunal are public.

• (2) The Tribunal may hold a hearing or any part of one in camera,

  • (a) on its own initiative or on the request of a party, for the purpose of receiving confidential information; or

  • (b) on the request of a party in which the party establishes that the circumstances justify an in camera hearing.

• (3) When the Tribunal holds a hearing or part of one in camera, the hearing or part may be attended only by

  • (a) a person who is to present confidential information and anyone whom the person requests be permitted to attend;

  • (b) counsel for a party 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

  • (d) any other person whom the Tribunal authorizes to attend.

• (4) A party who requires oral translation in any given language in order to participate in or have a witness testify at a hearing, other than at a hearing by way of written submissions, 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.

Requests for Decision or Order

• 23.1 (1) A party may make a request to the Tribunal for a decision or order on any matter that arises in the course of a proceeding.

• (2) The party who makes the request shall serve a copy of it on the other parties at the same time as it is filed with the Tribunal.

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

Motions

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

  • (a) it decides not to proceed by way of written request under rule 23.1; or

  • (b) these Rules so specify.

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

  • (a) a clear and concise statement of the facts, which must be accompanied by an affidavit if the Tribunal so directs; and

  • (b) the decision or order sought and the grounds for seeking it.

• (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.

Late Filing

• 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.