GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Tribunal Rules — 22
Public access 22 Subject to any confidentiality order under rule 66, the public is entitled to access the documents filed or received in evidence on the public record, in the format in which they were received by the registry.
Competition Tribunal Rules — 23
Without confidentiality order 23 A party or intervenor who wishes to assert confidentiality in a document to be filed that is not covered by a confidentiality order shall (a) file a public version of the document that does not include the confidential information; (b) provide the registry with a version of the document marked “confidential” that includes and identifies the confidential information that has been deleted from the public version filed under paragraph (a); and (c) bring a motion under rule 66 for an order allowing it to file the confidential version.
Competition Tribunal Rules — 24
With confidentiality order 24 A party or intervenor who wishes to file a document containing information that has already been made subject to a confidentiality order under rule 66 shall file a public version that does not include the confidential information and a confidential version with each page clearly marked “confidential”. The confidential version shall identify the confidential material that has been deleted from the public version and the date of the relevant confidentiality order.
Competition Tribunal Rules — 25
Notice 25 (1) The Registrar shall, as soon as the notice of application under Part VIII of the Act has been filed, publish a notice (a) in the Canada Gazette ; and (b) over a period of two weeks, in at least two issues of at least two daily newspapers designated by the Chairperson or a judicial member designated by the Chairperson. Content (2) The notice referred to in subrule (1) shall state (a) that an application for an order has been made to the Tribunal; (b) the name of each person against whom or in respect of whom the order is sought; (c) the particulars of the order sought; (d) that the notice of application and accompanying documents may be examined at the office of the Registrar; and (e) the date on or before which a motion for leave to intervene must be filed.
Competition Tribunal Rules — 26
Discontinuance 26 (1) An applicant may discontinue all or part of an application at any time before a final determination of the application by the Tribunal. Notice of discontinuance (2) The applicant shall serve a notice of discontinuance on each party and on each intervenor and file the notice with proof of service.
Competition Tribunal Rules — 27
Withdrawal 27 (1) A respondent who has filed a response may withdraw all or part of the response at any time before a final determination of the application by the Tribunal. Notice of withdrawal (2) The respondent shall serve a notice of withdrawal on each party and on any intervenor and file the notice with proof of service.
Competition Tribunal Rules — 28
Costs 28 If a party withdraws from or discontinues the proceedings, the Tribunal may award costs in accordance with section 8.1 of the Competition Tribunal Act .
Competition Tribunal Rules — 29
Hearings open to the public 29 Subject to rule 30, hearings shall be open to the public.
Competition Tribunal Rules — 30
In-camera hearings 30 (1) A party, an intervenor or a person interested in the proceedings may request that all or a portion of a hearing not be open to the public. Content of request (2) A person who makes the request shall advise the Tribunal of the reasons for the request, including details of the specific, direct harm that would allegedly result from conducting the hearing or a portion of the hearing in public. Power of the Tribunal (3) The Tribunal may, if it is of the opinion that there are valid reasons for a hearing not to be open to the public, make any order that it deems appropriate.
Competition Tribunal Rules — 31
Composition of the Tribunal 31 Subject to sections 10 and 11 of the Competition Tribunal Act and for the purposes of these Rules, the Tribunal shall consist of one or more members designated by the Chairperson, at least one of whom is a judicial member.
Competition Tribunal Rules — 32
Case record in electronic format 32 The original and official case record of an electronic hearing shall be kept by the Tribunal only in electronic format.
Competition Tribunal Rules — 33
Practice directions 33 (1) The Tribunal may issue practice directions. Technology (2) The Tribunal may give directions requiring the use of any electronic or digital means of communication, storage or retrieval of information, or any other technology it considers appropriate to facilitate the conduct of a hearing or case management conference.
Competition Tribunal Rules — 34
Questions as to practice or procedure 34 (1) If, in the course of proceedings, a question arises as to the practice or procedure to be followed in cases not provided for by these Rules, the practice and procedure set out in the Federal Courts Rules may be followed. Tribunal may direct (2) If a person is uncertain as to the practice or procedure to be followed, the Tribunal may give directions about how to proceed.
Competition Tribunal Rules — 35
Application of Part 35 This Part applies to all applications to the Tribunal, except applications for interim or temporary orders (Part 4), applications for specialization agreements (Part 5), applications for leave under section 103.1 of the Act (Part 8) and applications for a loan order (Part 9).
Competition Tribunal Rules — 36
Notice of application 36 (1) An application shall be made by filing a notice of application. Form and content (2) A notice of application shall be signed by or on behalf of the applicant and shall set out, in numbered paragraphs, (a) the sections of the Act under which the application is made; (b) the name and address of each person against whom an order is sought; (c) a concise statement of the grounds for the application and of the material facts on which the applicant relies; (d) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act; (e) the particulars of the order sought; and (f) the official language that the applicant intends to use in the proceedings.
Competition Tribunal Rules — 37
Service of notice 37 (1) The applicant shall, within five days after a notice of application is filed, serve the notice on each respondent. Proof of service (2) The applicant shall, within five days after the service of the notice of application, file proof of service.
Competition Tribunal Rules — 38
Response 38 (1) A respondent who wishes to oppose the application shall, within 45 days after being served with the notice of application, (a) serve a response on the applicant and on any other respondent; and (b) file the response with proof of service. Form and content (2) The response shall set out, in numbered paragraphs, (a) a concise statement of the grounds on which the application is opposed and of the material facts on which the person opposing the application relies; (b) an admission or denial of each ground and of each material fact relevant to each ground set out in the notice of application; (c) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act; and (d) the official language that the person opposing the application intends to use in the proceedings.
Competition Tribunal Rules — 39
Reply 39 (1) The applicant may, within 14 days after being served with a response in accordance with subrule 38(1), serve a reply on the respondent and on each other party and shall file the reply with proof of service. Content (2) A reply shall set out an admission or denial of each ground and of each material fact relevant to each ground set out in the response. Failure to file (3) If the applicant does not file a reply, the applicant is deemed to have denied each ground and each material fact relevant to each ground set out in the response.
Competition Tribunal Rules — 40
Timetable for disposition of application 40 (1) Each party shall, within 14 days after the expiry of the period for filing a response, consult with the other parties and, if a timetable is agreed, file the proposed timetable for the disposition of the application, including a suggested start date, duration and place for the hearing. Timetable not agreed (2) If the parties cannot agree on a timetable, each party shall serve on the other parties a proposed timetable and file it with proof of service within the period set out in subrule (1).
Competition Tribunal Rules — 41
Order in default of response 41 (1) If a person has not filed a response within the period set out in subrule 38(1), the applicant may move that the Tribunal issue the order sought in the notice of application against the person. Decision (2) On a motion in accordance with subrule (1), the Tribunal shall, if it is satisfied that the notice of application was served in accordance with these Rules and it has heard any evidence that it may require, make any order that it deems appropriate. Service (3) The Registrar shall, as soon as an order is made, serve the order on the respondent and on each other party.
Competition Tribunal Rules — 42
Motion for leave to intervene 42 A motion under subsection 9(3) of the Competition Tribunal Act for leave to intervene shall be filed within 10 days after the end of the period for filing a response.
Competition Tribunal Rules — 43
Service and filing motion 43 (1) A motion for leave to intervene shall be made by (a) serving on each of the parties a motion for leave to intervene and an affidavit setting out the facts on which the motion is based; and (b) filing the motion and the affidavit with proof of service. Content (2) A motion for leave to intervene shall set out (a) the title of the proceedings in which the person making the motion wishes to intervene; (b) the name and address of that person; (c) a concise statement of the matters in issue that affect that person and the unique or distinct perspective that the person will bring to the proceeding; (d) a concise statement of the competitive consequences arising from the matters referred to in paragraph (c) with respect to which that person wishes to make representations; (e) the name of the party, if any, whose position that person intends to support; (f) the official language to be used by that person at the hearing of the motion and, if leave is granted, in the proceedings; and (g) a description of how that person proposes to participate in the proceedings. Disposition without hearing (3) A person filing a motion for leave to intervene may request in writing that the Tribunal dispose of the motion without a hearing.
Competition Tribunal Rules — 44
Response 44 (1) A party served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on each of the parties and shall file any response to the motion with proof of service. Content (2) A response to a motion for leave to intervene shall (a) deal with the matters raised in the motion; and (b) state whether the party filing the response considers that a hearing should be held to determine the motion.
Competition Tribunal Rules — 45
Reply 45 A person making a motion for leave to intervene may, within seven days after the service of the response referred to in rule 44, serve a reply on each of the parties and shall file the reply with proof of service.
Competition Tribunal Rules — 46
Disposition 46 (1) If the Tribunal is of the opinion that a hearing should be held to determine a motion for leave to intervene, the motion shall be disposed of at a time and in a manner determined by the Tribunal. Determination by Tribunal (2) The Tribunal may allow a motion for leave to intervene, with or without conditions, or refuse the motion.
Competition Tribunal Rules — 47
Intervention allowed 47 If a motion for leave to intervene is allowed (a) the Registrar shall send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene was allowed; (b) on request, the intervenor may obtain copies of the documents on the list from the Registrar; (c) each party and each other intervenor shall serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene was allowed; and (d) access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.
Competition Tribunal Rules — 48
Service of documents 48 Any document to be filed by an intervenor shall be served on each party and each other intervenor and shall be filed with proof of service.
Competition Tribunal Rules — 49
Intervention by attorney general of a province 49 (1) If a notice of application relating to an application under section 86, 87 or 92 of the Act is filed, the Registrar shall serve the notice on the attorney general of each province. Date for filing notice (2) The Registrar shall inform the attorney general of each province of the date on or before which any notice of intervention under rule 50 must be filed.
Competition Tribunal Rules — 50
Notice of intervention 50 (1) The attorney general of a province who decides to intervene in any proceedings before the Tribunal under section 86, 87 or 92 of the Act shall (a) serve a notice of intervention on each party; and (b) file the notice with proof of service within 10 days after the expiry of the period for filing a response. Content (2) A notice of intervention shall set out (a) the title of the proceedings in which the attorney general is intervening; (b) a concise statement of the nature of the interest of the attorney general in the proceedings; (c) a concise statement of the matters in respect of which the attorney general will make representations on behalf of the province; (d) the name of the party, if any, whose position the attorney general intends to support; and (e) the official language that the attorney general intends to use in the proceedings. Service (3) The Registrar shall serve the notice of intervention on each other intervenor as soon as it is filed.
Competition Tribunal Rules — 51
List of documents 51 If a notice of intervention is filed (a) the Registrar shall send to the attorney general a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed; (b) on request, the attorney general may obtain copies of the documents on the list from the Registrar; (c) each party and each other intervenor shall serve on the attorney general any document filed by them after the day on which the notice of intervention was filed; and (d) access by the attorney general to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.
Competition Tribunal Rules — 52
Participation of an attorney general 52 (1) Subject to subsection 57(4) of the Federal Courts Act , the participation of an attorney general who has filed a notice of intervention is restricted to attending and making submissions at motions, case management conferences and the hearing of the application. Motion for leave to participate (2) The attorney general may at any time serve and file with proof of service a motion for leave to participate in the proceedings in a manner other than that set out in subrule (1).
Competition Tribunal Rules — 53
Service of documents 53 Any document to be filed by an attorney general shall be served on each party and any other intervenor and shall be filed with proof of service.
Competition Tribunal Rules — 54
Intervention by the Commissioner 54 (1) If the Commissioner intervenes in a proceeding under section 103.2 or subsection 124.2(3) of the Act, the Commissioner shall file a notice of intervention that sets out (a) the title of the proceedings in which the Commissioner is intervening; and (b) a concise statement of the matters on which the Commissioner wishes to make representations. Service (2) The Registrar shall serve the notice of intervention on each party as soon as it is filed.
Competition Tribunal Rules — 55
Commissioner’s access to documents 55 If a notice of intervention is filed by the Commissioner, (a) the Registrar shall, within five days after the filing of the notice, send to the Commissioner a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed; (b) on request, the Commissioner may obtain copies of any of the documents on the list from the Registrar; (c) each party shall serve on the Commissioner any document that is filed by them after the day on which the notice of intervention is filed; and (d) access by the Commissioner to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal.
Competition Tribunal Rules — 56
Requests for admissions 56 A party may, after pleadings have been closed but not later than 25 days before the commencement of the hearing, request that another party admit a fact or the authenticity of a document by serving a request to admit, in form 255 of the Federal Courts Rules , on that party, with any modifications that the circumstances require.
Competition Tribunal Rules — 57
Deemed admissions 57 (1) A party who is served with a request to admit is deemed to admit the truth of a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in form 256 of the Federal Courts Rules within 20 days after service of the request and denies the admission, setting out the grounds for the denial, with any modifications that the circumstances require. Admissions for purposes of the proceedings (2) A party is deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response (a) specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or (b) refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal.
Competition Tribunal Rules — 58
Costs 58 If a party denies or refuses to admit the truth of a fact or the authenticity of a document after receiving a request to admit, and the fact or authenticity of the document is subsequently proved at the hearing, the Tribunal may take the denial or refusal into account in exercising its discretion respecting costs.
Competition Tribunal Rules — 59
Withdrawal of admission 59 An admission made in response to a request to admit, a deemed admission under rule 57 or an admission in a pleading may be withdrawn on consent of the other party or with leave of the Tribunal.
Competition Tribunal Rules — 60
Affidavit of documents 60 (1) The applicant and each respondent who has filed a response shall, within the time prescribed at a case management conference, serve an affidavit of documents on each other party. Content (2) An affidavit of documents shall include (a) a list identifying the documents that are relevant to any matter in issue and that are or were in the possession, power or control of the party; (b) any claim that a document is confidential or contains confidential information; (c) any claim that a document is privileged; and (d) a statement of the grounds for each claim of privilege.
Competition Tribunal Rules — 61
Power of the Tribunal 61 Upon the motion of a party who has served an affidavit of documents and who opposes a claim for privilege of another party, the Tribunal may inspect the document and determine the validity of the claim.
Competition Tribunal Rules — 62
Application of deemed undertaking 62 (1) This rule applies to evidence obtained during documentary, written and oral discovery and information obtained from that evidence. Deemed undertaking (2) All parties and their counsel are deemed to undertake not to use evidence or information to which this rule applies for any purposes other than those of the proceeding in which the evidence was obtained. Exceptions (3) Subrule (2) does not prohibit (a) a use to which the person who disclosed the evidence consents; (b) the use, for any purpose, of (i) evidence that is filed with the Tribunal, (ii) evidence that is given or referred to during a hearing; or (iii) information obtained from evidence referred to in subparagraph (i) or (ii), (c) the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding, or (d) the use of evidence or information in a subsequent Tribunal proceeding. Non-application (4) If satisfied that the interest of justice outweighs any prejudice that would result to a party who disclosed evidence, the Tribunal may, on motion, order that the deemed undertaking referred to in subrule (2) does not apply to the evidence or to information obtained from it, and may impose any terms and give any directions that are just.
Competition Tribunal Rules — 63
Supplementary affidavit 63 A party who has served an affidavit of documents and who comes into possession or control of or obtains power over a relevant document, or who becomes aware that the affidavit of documents is inaccurate or deficient, shall as soon as possible serve a supplementary affidavit of documents listing the document or correcting the inaccuracy or deficiency.
Competition Tribunal Rules — 64
Examination for discovery 64 (1) Examination for discovery shall occur as of right. Power of the Tribunal (2) The Tribunal may, in case management, make rulings to deal with the timing, duration, scope and form of the discovery as well as the appropriate person to be discovered.
Competition Tribunal Rules — 65
Access to documents 65 Subject to any confidentiality order under rule 66, a party who has served an affidavit of documents on another party shall allow the other party to inspect and make copies of the documents listed in the affidavit, unless those documents are subject to a claim for privilege or are not within the party’s possession, power or control.
Competition Tribunal Rules — 66
Confidentiality order 66 (1) The Tribunal may order that a document or information in a document be treated as confidential and make any order that it deems appropriate, (a) upon the motion of a party who has served an affidavit of documents; or (b) upon the motion of a party or intervenor who has filed or will file the document. Clarification (2) For greater certainty, the Tribunal may issue a single confidentiality order to cover the documents or information under paragraphs (1)(a) and (b).
Competition Tribunal Rules — 67
Content of motion 67 The party or intervenor making a motion referred to in rule 66 shall (a) include in the grounds for the motion details of the specific, direct harm that would allegedly result from unrestricted disclosure of the document or information; and (b) include in the motion a draft confidentiality order including the following elements, namely, (i) a description of the document or information or the category of documents or information for which the person seeks the confidentiality order, (ii) the identification of the person or category of persons who are entitled to have access to the confidential document or information, (iii) any document or information or category of documents or information to be made available to the person or category of persons referred to in subparagraph (ii), (iv) any written confidentiality agreement to be signed by the person or persons referred to in subparagraph (ii) and the provisions of that agreement, (v) the number of copies of any confidential document to be provided to the person or persons referred to in subparagraph (ii) and any limitation on subsequent reproduction of that document by that person or those persons, and (vi) the disposal of the confidential document following the final disposition of the proceeding.