GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Competition Tribunal Rules — 68
List of documents and witness statements 68 (1) The applicant shall, at least 60 days before the commencement of the hearing, serve on every other party and on all intervenors (a) a list of documents on which the applicant intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and (b) witness statements setting out the lay witnesses’ evidence in chief in full. Content of witness statements (2) Unless the parties otherwise agree, the witness statements shall include only fact evidence that could be given orally by the witness together with admissible documents as attachments or references to those documents.
Competition Tribunal Rules — 69
Response 69 (1) Each respondent shall, at least 30 days before the commencement of the hearing, serve in response on every other party and on all intervenors (a) a list of documents on which the respondent intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and (b) witness statements setting out the lay witnesses’ evidence in chief in full. Content of witness statements (2) Unless the parties otherwise agree, the witness statements shall include only fact evidence that could be given orally by the witness together with admissible documents as attachments or references to those documents.
Competition Tribunal Rules — 70
Reply 70 The applicant may, at least 15 days before the commencement of the hearing, serve in reply on every other party and on all intervenors (a) any additional reply documents on which the applicant intends to rely at the hearing as a result of the respondent’s disclosure, and any waiver of privilege; and (b) any new reply witness statements or additions to existing witness statements to deal with any issues raised in the reply.
Competition Tribunal Rules — 71
Sanctions 71 If a document has not been disclosed in the affidavit of documents and in the pre-hearing disclosure, or if privilege has not been waived for such a document, it shall not be received in evidence at the hearing unless the Tribunal orders otherwise.
Competition Tribunal Rules — 72
Records to be admitted in evidence 72 The Commissioner shall provide a list of the documents to be admitted in evidence without further proof in accordance with section 69 of the Act at least 45 days before the commencement of the hearing.
Competition Tribunal Rules — 73
Information under par. 11(1)(a) of the Act 73 The Commissioner may move for authorization from the Tribunal to read into evidence information obtained under paragraph 11(1)(a) of the Act.
Competition Tribunal Rules — 74
Evidence in chief 74 (1) The evidence in chief of each lay witness shall be tendered by way of the statement referred to in rules 68 to 70 and consist of their full statement of evidence and relevant documents or references to those documents. Witness statements (2) Witness statements of lay witnesses shall be provided to the registry with proof of service at least 10 days before the commencement of the hearing. Tribunal may read (3) The Tribunal may read the material provided, unless a party makes a valid objection. Witness must attend (4) A witness statement may be received in evidence at the hearing only if the witness is in attendance and available for cross-examination or questioning by the Tribunal. Evidence in chief (5) The lay witness may be examined in chief for the purpose of summarizing or highlighting the evidence contained in the statement.
Competition Tribunal Rules — 75
Witness panels 75 The Tribunal may require that some or all of the witnesses testify as a panel at any time that the Tribunal may determine.
Competition Tribunal Rules — 76
Manner of testimony 76 (1) The Tribunal shall direct the manner in which the panel shall testify. Cross-examination and re-examination (2) Counsel may cross-examine or re-examine witnesses.
Competition Tribunal Rules — 77
Expert report 77 (1) At least 60 days before the commencement of the hearing, an applicant who intends to introduce evidence of an expert witness at the hearing shall serve the report of the expert witness on each other party and any intervenors. Responding report (2) At least 30 days before the commencement of the hearing, a respondent may serve a responding expert report on each other party and any intervenors. Reply report (3) The applicant may, at least 15 days before the commencement of the hearing, serve an expert reply report on each other party and any intervenors. Content of report (4) A report referred to in any of subrules (1) to (3) shall include a full statement of the evidence of the expert witness, the expert’s qualifications as an expert and a list of the sources and documents relied upon in the report.
Competition Tribunal Rules — 78
Expert report provided to the registry 78 (1) Unless otherwise ordered during case management, a report referred to in rule 77 shall be provided to the registry with proof of service at least 10 days before the commencement of the hearing. Tribunal may read (2) The Tribunal may read the report provided, unless a party makes a valid objection. Record (3) The report shall not form part of the record until it is received in evidence at the hearing.
Competition Tribunal Rules — 79
Examination of expert witness 79 A report referred to in rule 77 shall not be read aloud at the hearing but the expert witness may be examined in chief for the purpose of summarizing or highlighting the evidence contained in the report and may be cross-examined and re-examined.
Competition Tribunal Rules — 80
Tribunal-appointed expert 80 (1) The Tribunal may, at any time, by order appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in a proceeding. Agreed upon expert (2) The parties may jointly recommend an expert to the Tribunal. Submissions (3) The parties may make submissions about the terms of the order. Content of order (4) The order shall contain the following information: (a) the name of the expert being appointed and the expert’s qualifications; (b) the instructions given to the expert with respect to the preparation of the report; (c) the questions to be posed to the expert; (d) the date on which the report of the expert is to be provided to the Tribunal; (e) the nature and extent of the expert’s participation in the proceeding; and (f) the remuneration to be paid to the expert. Service of report (5) The Registrar shall serve a copy of the report on every party and any intervenor. Case record (6) The report shall be made part of the case record. Response (7) Any party may file a written response to the expert’s report and may examine the expert. The order and nature of such examinations shall be determined by the Tribunal. Further or supplementary report (8)  The Tribunal may order the expert to make a further or supplementary report, and subrules (4) to (7) apply to that report. Liability for payment (9) The liability for payment of the remuneration of the expert shall be determined by the Tribunal at any time after the conclusion of the hearing following receipt of submissions on that issue.
Competition Tribunal Rules — 81
Informal procedure 81 (1) Except in the case of a motion for summary disposition, if these Rules provide that relief shall be sought by way of motion, a party may begin by informally requesting relief by sending a letter to the registry and serving the letter on the other parties and on any intervenor, who shall respond promptly. Tribunal direction (2) The Tribunal may issue a direction resolving a matter for which relief is requested under subrule (1) or direct the party to proceed by way of motion.
Competition Tribunal Rules — 82
Application 82 Rules 83 to 88 apply to all motions except for a motion for leave to intervene referred to in rule 42 or a motion for summary disposition referred to in rule 89.
Competition Tribunal Rules — 83
Notice of motion 83 (1) A motion shall be commenced by notice of motion, setting out the grounds for the motion and the order sought. Content (2) A notice of motion shall be accompanied by any supporting affidavits and other admissible evidence. Service (3) The moving party shall serve the notice of motion on each other party and any intervenors and file the notice of motion with proof of service.
Competition Tribunal Rules — 84
Disposition without hearing 84 (1) A moving party may request in writing that the Tribunal dispose of the motion without a hearing. Disposition with a hearing (2) If a hearing is to be held, the notice of motion shall indicate that the motion is returnable at a date and time and in a manner directed by the Tribunal.
Competition Tribunal Rules — 85
Service of response 85 (1) A party or intervenor served with a notice of motion may, no later than seven days after being served, serve on the moving party and on each other party and intervenor a response stating the grounds on which the motion is opposed and any supporting affidavits. Filing (2) The response and supporting affidavits, if any, shall be filed with proof of service within the period set out in subrule (1).
Competition Tribunal Rules — 86
Decision without a hearing 86 The responding party may request in writing that the Tribunal dispose of the motion without a hearing.
Competition Tribunal Rules — 87
Evidence and memorandum 87 The moving party and the responding party shall, no later than 10 days after the service of the response, serve on each other party and on any intervenors and file with proof of service (a) any supplementary evidence to be relied on by the party, including transcripts; and (b) a memorandum of fact and law.
Competition Tribunal Rules — 88
Testimony by affidavit 88 (1) Subject to subrule (2), testimony on a motion shall be by affidavit. Oral testimony (2) The judicial member designated to preside at the hearing of a motion may, before or during the hearing, grant leave for oral testimony in relation to an issue raised in the notice of motion.
Competition Tribunal Rules — 89
Notice of motion 89 (1) A motion for summary disposition under subsection 9(4) of the Competition Tribunal Act shall be commenced by a notice of motion, which shall set out the grounds for the motion and the order sought. Timing (2) A party to an application may bring a motion for summary disposition under subsection 9(4) of the Competition Tribunal Act after the respondent has filed a response to the application and at a time that enables the moving party to meet the deadline for the hearing of motions prescribed during a case management conference. Content (3) The notice of motion shall be accompanied by (a) a memorandum of fact and law; and (b) any supporting affidavits and other admissible evidence. Service (4) The moving party shall serve the notice of motion and the accompanying documents referred to in subrule (3) on each other party and any intervenors and shall file those documents with proof of service.
Competition Tribunal Rules — 90
Response 90 (1) A party served with a motion for summary disposition may, no later than 10 days after being served, serve a response on the moving party and on each other party and any intervenors. Content (2) The response shall be accompanied by (a) a memorandum of fact and law; and (b) any supporting affidavits and other admissible evidence. Filing (3) The response and accompanying documents referred to in subrule (2) shall be filed with proof of service within the period set out in subrule (1). Genuine basis for application (4) A response to a motion for summary disposition shall not rest merely on allegations or denials of the pleadings of the moving party, but must set out specific facts showing that there is a genuine basis for the application or the response to the application.
Competition Tribunal Rules — 91
Testimony 91 Unless otherwise ordered, there shall be no oral testimony on a motion for summary disposition.
Competition Tribunal Rules — 92
Power of the Tribunal 92 The Tribunal may dismiss or allow the application in whole or in part in accordance with subsection 9(5) of the Competition Tribunal Act .
Competition Tribunal Rules — 93
Motion — refused or granted in part 93 If a motion for summary disposition is refused or is granted only in part, the Tribunal may make an order specifying any issues that are not in dispute and defining the issues to be determined.
Competition Tribunal Rules — 94
Motion refused 94 If a motion for summary disposition is refused, the moving party may not make a further motion under rule 89 without leave of the Tribunal.
Competition Tribunal Rules — 95
Application of Part 95 This Part applies to applications for (a) temporary orders made under subsection 74.11(1) of the Act in deceptive marketing practices cases before the Commissioner completes an inquiry and extensions to those temporary orders under subsection 74.11(5) of the Act; (b) interim orders made under subsection 100(1) of the Act in merger cases before the Commissioner completes an inquiry and extensions to those interim orders under subsection 100(7) of the Act; (c) interim orders made under subsection 103.3(1) of the Act in reviewable practices cases before the Commissioner completes an inquiry and extensions to those interim orders under subsections 103.3(5) and (5.3) of the Act or variations to them under subsection 103.3(7) of the Act; and (d) interim orders made under subsection 104(1) of the Act in merger and reviewable practices cases after an application has been made to the Tribunal.
Competition Tribunal Rules — 96
Notice of application 96 (1) Applications for interim or temporary orders and extensions to those orders shall be made by filing a notice of application, which shall set out the grounds for the application and the order sought. Content (2) The notice of application shall be accompanied by any supporting affidavits that the applicant intends to rely on. Service and filing (3) In respect of applications made under subsection 104(1) of the Act, rule 37 applies to the service and filing of the notice of application, with any modifications that the circumstances require.
Competition Tribunal Rules — 97
Official language 97 A person against whom an interim order or a temporary order is sought shall inform the Registrar as soon as possible of the official language that that person intends to use at the hearing.
Competition Tribunal Rules — 98
Service of ex parte orders 98 (1) Any ex parte order of the Tribunal shall be served by the Commissioner on the person against whom the order was obtained. Time and manner of service (2) The time and manner for effecting service shall be established by the Tribunal according to the circumstances.
Competition Tribunal Rules — 99
Notice of application 99 (1) An application under subsection 103.3(7) of the Act to vary or set aside an interim order under subsection 103.3(1) of the Act shall be made by filing an application that satisfies the requirements of rule 96. Service (2) The applicant shall, within 48 hours after a notice of application is filed, serve the application referred to in subrule (1) on the Commissioner. Proof of service (3) The applicant shall, within 48 hours after the service of the application, file proof of service.
Competition Tribunal Rules — 100
Notice of application 100 (1) An application under subsection 86(1) of the Act for the registration of an agreement as a specialization agreement shall be made by filing a notice of application to which is appended a copy of the agreement. Form and content (2) A notice of application shall be signed by the applicant or on behalf of the applicant and shall set out, in numbered paragraphs, (a) the name and address of each party to the agreement; (b) whether the agreement has been entered into or is about to be entered into; (c) a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the agreement is a specialization agreement and that implementation of the agreement will achieve the results described in paragraph 86(1)(a) of the Act; (d) a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the circumstances described in paragraph 86(1)(b) of the Act exist; (e) the period for which registration of the agreement is requested; and (f) the official language that the applicant intends to use in the proceedings. Service (3) The applicant shall, within five days after a notice of application is filed, serve the notice on the Commissioner. Proof of service (4) The applicant shall, within five days after service of the notice of application, file proof of service.
Competition Tribunal Rules — 101
Notice of appearance 101 (1) The Commissioner may, within 14 days after being served with a notice of application in accordance with subrule 100(3), serve a notice of appearance on the applicant and shall file it with proof of service. Service and filing (2) The Commissioner shall, within 30 days after serving a notice of appearance, (a) serve on the applicant a concise statement of the grounds on which the application is opposed or supported and the material facts relevant to those grounds on which the Commissioner relies; and (b) file the statement with proof of service.
Competition Tribunal Rules — 102
Motion for registration 102 (1) If the Commissioner has not filed a notice of appearance or a statement within the applicable period set out in subrule 101(1) or (2), the applicant may move for an order directing that the agreement be registered. Decision (2) On a motion under 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.
Competition Tribunal Rules — 103
Reply 103 (1) An applicant may, within 14 days after being served with a statement, serve on the Commissioner a reply dealing with the matters raised in the statement. Filing (2) The applicant shall file the reply with proof of service. Deemed denied (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 statement.
Competition Tribunal Rules — 104
Modification and removal 104 The provisions of this Part relating to an application for the registration of an agreement apply, with any modifications that the circumstances require, to every application (a) under subsection 87(1) of the Act with respect to the registration of a modification to a specialization agreement; or (b) under subsection 87(2) of the Act with respect to the removal of a specialization agreement or of a modification to a specialization agreement from the register.
Competition Tribunal Rules — 105
Application of Part 105 This Part applies in respect of all consent agreements filed under sections 74.12 and 105 of the Act.
Competition Tribunal Rules — 106
Registration of consent agreements 106 (1) A consent agreement under section 74.12 or 105 of the Act shall be made by filing the agreement. Content (2) The consent agreement shall be signed by the parties to the agreement and shall set out (a) the sections of the Act under which the agreement is made; (b) the name and address of each person in respect of whom the agreement is sought; and (c) the terms of the agreement. Translation (3) A translation of the consent agreement in the other official language shall be filed within 10 days after the filing of the agreement.
Competition Tribunal Rules — 107
Application of Part 107 This Part applies to every reference made to the Tribunal under section 124.2 of the Act.
Competition Tribunal Rules — 108
Notice of reference 108 (1) A reference shall be made by filing a notice of the reference under subsection 124.2(2) of the Act or a joint notice under subsection 124.2(1) of the Act that sets out (a) the name of the applicant; and (b) the question being referred. Reference record (2) A notice of reference shall be accompanied by a reference record, which may include any affidavit setting out the facts on which the reference is based or an agreed statement of facts, and shall include a memorandum of fact and law.
Competition Tribunal Rules — 109
Service 109 (1) In the case of a reference made by the Commissioner and arising in proceedings before the Tribunal, the Commissioner shall serve the notice of reference and the reference record on all other parties to the proceeding and on any intervenors. Service by other parties (2) Any other party to the proceedings in which the reference arises may serve and file a responding reference record within 14 days after being served with the notice of reference.
Competition Tribunal Rules — 110
Amicus curiae 110 (1) Without restricting the general powers of the Tribunal to appoint an amicus curiae in appropriate circumstances, the Tribunal may appoint an amicus curiae when the Commissioner files a notice of reference under subsection 124.2(2) of the Act. Fees and disbursements (2) The fees and disbursements related to the amicus curiae shall be fixed by the Tribunal and be paid by the party designated by the Tribunal after hearing submissions.
Competition Tribunal Rules — 111
Leave to refer in a private access case 111 (1) An application for leave to refer a question to the Tribunal under subsection 124.2(3) of the Act shall be made by filing a notice of the application for leave. Content (2) The notice of application for leave shall include the following information and documents: (a) the name of the applicant; (b) the notice of reference; (c) an affidavit setting out the facts to be relied on, if any; and (d) a memorandum of fact and law.
Competition Tribunal Rules — 112
Notice to the Commissioner 112 The parties shall, within five days after a notice of application for leave to refer a question is filed, serve the notice of the application for leave on the Commissioner.
Competition Tribunal Rules — 113
Power of Tribunal 113 (1) The Tribunal may grant an application for leave to refer a question, with or without conditions, or refuse the application. Leave granted (2) If leave is granted, a notice of reference shall be filed, accompanied by the reference record, in accordance with rule 108.
Competition Tribunal Rules — 114
Application of Part 114 This Part applies to applications for leave under subsection 103.1(1) of the Act and to consent agreements filed by persons other than the Commissioner.
Competition Tribunal Rules — 115
Application for leave 115 (1) An application under subsection 103.1(1) of the Act for leave to make an application under section 75 or 77 of the Act shall be made by filing an application for leave including an affidavit setting out the facts in support of the proposed application, a proposed notice of application and a memorandum of fact and law. Information (2) The proposed notice of application under section 75 or 77 of the Act shall set out the information referred to in subrule 36(2).
Competition Tribunal Rules — 116
Service 116 (1) The applicant shall, within five days after the application for leave is filed, serve a copy of the application for leave on each person against whom an order is sought and on the Commissioner. Proof of service (2) The applicant shall, within five days after the service of the copy of the application for leave, file proof of service.
Competition Tribunal Rules — 117
Certification by the Commissioner 117 The certification by the Commissioner under subsection 103.1(3) of the Act shall be made by filing a letter.
Competition Tribunal Rules — 118
Notice by the Tribunal 118 The Tribunal shall, within five days after receiving the Commissioner’s certification, notify the applicant, the Commissioner and any person against whom an order is sought under section 75 or 77 of the Act as to whether the hearing of the application for leave is precluded by the operation of subsection 103.1(4) of the Act.