GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 6
6 (1) An application for an order extending the time within which an appeal may be instituted may be in the form set out in Schedule 6. (2) An application under subsection (1) shall be made by filing with the Registrar, in the manner provided in section 5.1, three copies of the application accompanied by three copies of the notice of appeal. (3) No application shall be granted under this section to an applicant unless (a) the application is made within 90 days after the expiration of 90 days after the day on which the Minister communicated his or her decision to the applicant; and (b) the applicant demonstrates that (i) within the initial 90-day period specified in paragraph (a), the applicant (A) was unable to act or to instruct another to act in the applicant’s name, or (B) had a good faith intention to appeal, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, (iii) the application was made as soon as circumstances permitted it to be made, and (iv) there are reasonable grounds for appealing the decision. (4) After having given the Minister an opportunity to make representations, the Court shall dispose of the application on the basis of the representations contained in it and any additional information, if any, that the Court may require. (5) The Registrar, on being informed of the decision of the Court in respect of the application, shall inform the applicant and the Minister of the decision. (6) The application pursuant to subsection (1) is deemed to have been filed on the date of its receipt by the Registry, even if the application is not accompanied by the notice of appeal referred to in subsection (2), provided that the notice of appeal is filed within 30 days after that date or within any reasonable time that the Court establishes. SOR/2007-145, s. 4; SOR/2014-26, s. 34
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 7
7 (1) The Registrar shall serve the Minister with a copy of the notice of appeal referred to in section 5 and notice of the Registry in which it was filed or to which it was mailed. (2) The material referred to in subsection (1) may be served personally, and personal service on the Commissioner of Revenue is deemed to be personal service on the Minister, or by mail addressed to the Minister, and if served by mail, the date of service is the date it is mailed and, in the absence of evidence to the contrary, the date of mailing is that date appearing on the communication from the Registrar accompanying the material. SOR/2004-98, s. 7; SOR/2007-145, s. 11
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 8
8 (1) The Minister, on receipt of a copy of the notice of appeal referred to in section 7, shall (a) serve a copy of the notice of appeal and notice of the Registry in which it was filed or to which it was mailed on every person to whom a notification was sent pursuant to subsection 27(5) of the Act in respect of the determination or decision that is the subject of the appeal, and (b) serve notice at the Registry in which the notice of appeal was filed or to which it was mailed of the name and address of every person who was served with the material referred to in paragraph (a), and serve at that Registry a copy of (i) the application to the Minister to determine a question made under paragraph 27(1)(a) of the Act, or (ii) the assessment made by the Minister and a copy of the appeal in respect thereof made to the Minister under subsection 27(2) of the Act and a copy of the notification given by the Minister under subsection 27(5) of the Act. (2) the material referred to (a) in paragraph (1)(a) may be served personally or by mail, and (b) in paragraph (1)(b) may be served by filing it at the Registry or by mail and, if served by mail, the date of service is the date it is mailed and, in the absence of evidence to the contrary, the date of mailing is that date appearing on the communication from the Minister accompanying the material.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 9
9 (1) A person affected by a decision of the Minister may intervene as a party in an appeal by filing with the Registry a notice of intervention that may be in the form set out in Schedule 9. (2) The notice of intervention shall be filed within 45 days after the day on which the notice of appeal was served on the intervener under section 8. (3) An intervener may state in the notice of intervention that the intervener intends to rely on the reasons set out in the notice of appeal received by the intervener or the reasons set out in the notice of intervention of another intervener. (4) The Registrar shall serve the Minister and the appellant with a copy of any notice of intervention received by the Registrar. (5) The notice of intervention may be served personally, and personal service on the Commissioner of Revenue is deemed to be personal service on the Minister, or by mail addressed to the Minister, and if served by mail, the date of service is the date it is mailed and, in the absence of evidence to the contrary, the date of mailing is that date appearing on the communication from the Registrar accompanying the notice of intervention. SOR/2004-98, s. 7; SOR/2007-145, ss. 5, 11; SOR/2008-305, s. 5
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 10
10 (1) Where there are two or more appeals commenced in accordance with these rules, the Court may, upon application by the Minister or an appellant or by an intervener, direct that the appeals be (a) consolidated on such terms as it may direct, (b) heard at the same time, (c) heard consecutively, or (d) stayed until the determination of any other appeal, if there is a common question of law or fact in both or all of the appeals, or it is desirable in the interests of justice. (2) An application referred to in subsection (1) shall be filed in or mailed to the Registry in which the notices of appeal were filed or to which they were mailed and shall be served on the other parties to the appeals.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 11
11 Where there are two or more notices of intervention served under these rules, the Court may direct that one notice of intervention be filed and served on behalf of all interveners if (a) there is a common question of law or fact in both or all notices of intervention, or (b) it is desirable in the interests of justice.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 12
12 (1) The Minister shall reply in writing to every notice of appeal or notice of intervention filed with or mailed to a Registry under subsection 5(4) or 9(1). (2) (a) The Minister shall file the reply at the Registry and serve it on the appellant or intervener, or both, as the case may be, within 60 days from the day on which the notice of appeal or notice of intervention was served on the Minister, or within such longer time as the Court, on application made to it within those 60 days, may allow. (b) The reply shall be filed in the Registry in which the notice of appeal or notice of intervention was filed or to which it was mailed, and it may be served on the appellant or intervener personally or by mail. (b.1) A reply may be filed under paragraph (b) by mailing it to the appropriate Registry described in that paragraph. (c) If the reply is served by mail, the date of service is the date it is mailed and, in the absence of evidence to the contrary, the date of mailing is that date appearing on the communication from the Minister accompanying the reply. (3) The reply referred to in subsection (1) shall (a) admit or deny the facts alleged in the notice of appeal or notice of intervention, and (b) contain a statement of any further allegations of fact on which the Minister intends to rely. (4) An application for an extension of time under paragraph (2)(a) shall be made by serving at the Registry an application setting out (a) the date on which the notice of appeal or notice of intervention was served on the Minister, (b) the additional time required, and (c) the reasons therefor. (5) The application to extend time may be served by filing it in the Registry in which the notice of appeal or notice of intervention was filed or to which it was mailed, or by sending a letter, telegram, telex or fax to that Registry. (6) If the application to extend time is served by telegram, telex or fax, the date of service is the date that the telegram, telex or fax is transmitted and, if the application is served by mail, the date of service is the date stamped on the envelope at the post office and, if there is more than one such date, the date of service shall be deemed to be the earliest date. (7) The Court shall dispose of the application on the basis of the representations contained in it and such additional information, if any, as the Court may require and after having given the appellant or intervener an opportunity to make representations. (8) The Registrar, on being informed of the decision of the Court in respect of the application, shall inform the Minister and the appellant or intervener. SOR/93-98, s. 2; SOR/96-505, s. 1; SOR/2014-26, s. 35
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 13
13 When all parties have consented in writing to a judgment disposing of an appeal in whole or in part and filed it with the Registry, the Court may (a) grant the judgment sought without a hearing; (b) direct a hearing; or (c) direct that written representations be filed. SOR/2008-305, s. 6
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 14
14 After the time for filing a reply under subsection 12(1) has expired, the matter shall, unless the Court otherwise directs, be deemed to be ready for hearing.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 15
15 (1) Where a reply to a notice of appeal has not been served within the 60 days prescribed under paragraph 12(2)(a) or within such longer time as the Court may allow, the appellant may apply on motion to the Court for judgment in respect of the relief sought in the notice of appeal. (2) On the return of the application for judgment the Court may (a) [Repealed, SOR/2007-145, s. 6] (b) direct that the appeal proceed to hearing on the basis that facts alleged in the notice of appeal are presumed to be true, (c) allow the appeal if the facts alleged in the notice of appeal entitle the appellant to the judgment sought, or (d) give such other direction as is just. (3) The presumption in paragraph (2)(b) is a rebuttable presumption. SOR/93-98, s. 3; SOR/2007-145, s. 6
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 16
16 (1) An appeal may at any time be withdrawn in whole or in part by the appellant by serving notice in writing on the Registrar and thereupon the appeal is deemed to be dismissed in whole or in part. (2) The Registrar shall forthwith serve any intervener or other person who may be directly affected by a notice of withdrawal served under subsection (1) with a copy of the notice of withdrawal.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 17
17 After hearing an appeal, the Court may vacate, confirm or vary a decision on an appeal under section 27 of the Act or an assessment that is the subject of an appeal under section 27.1 of the Act or, in the case of an appeal under section 27.1 of the Act, may refer the matter back to the Minister for reconsideration and reassessment, and shall without delay (a) notify the parties to the appeal in writing of its decision; and (b) give reasons for its decision, but, except where the Court deems it advisable in a particular case to give reasons in writing, the reasons given by it need not be in writing. SOR/2004-98, s. 2
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 17.1
17.1 (1) The Court shall dispose of an appeal or an interlocutory or other application that determines in whole or in part any substantive right in dispute between or among the parties by rendering a judgment and shall dispose of any other interlocutory or other application by issuing an order. (2) A judgment shall be dated on the day it is signed and that day is the date of the pronouncement of the judgment. (3) A judgment and the reasons relating to it, if any, shall be deposited with the Registry without delay. SOR/2014-26, s. 36
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 18
18 (1) After the time limited for replying under section 12 has expired, the Court may, on application by any party to an appeal, direct (a) any other party to the appeal to make discovery on oath of the documents that are or have been in that party’s possession, control or power relevant to any matter in question between them in the appeal, (b) that the applicant is authorized to examine on oath, for the purposes of discovery, any other party to the appeal, or (c) that there shall be both discovery of documents and examination for discovery. (2) The Court may specify the form of affidavit to be used for the purpose of discovery of documents. (3) The person to be examined for discovery shall be (a) if the other party is an individual, that individual, (b) if the other party is a corporation or any body or group of persons empowered by law to sue or to be sued, either in its own name or in the name of any officer thereof or any other person, any member or officer of such corporation, body or group, (c) if the other party is the Minister, any departmental or other officer of the Crown nominated by the Deputy Attorney General of Canada, or (d) a person who has been agreed upon by the examining party and the party to be examined with the consent of such person. (4) The Court may designate the person before whom the examination for discovery is to be conducted and direct the manner in which it shall be conducted. (5) All evidence given at an examination for discovery shall be recorded by a court reporter. (6) Any party may, at the hearing of an appeal, use in evidence against another party any part of the examination for discovery of that other party, but, on the application of an adverse party, the Court may direct that any other part of the examination, that in the opinion of the Court, is so connected with the part to be used that the last-mentioned part ought not to be used without such other part, be put in evidence by the party seeking to use such examinations. SOR/2008-305, s. 7; SOR/2014-26, s. 37
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 19
19 The Court may, on application by the Minister or an appellant or by an intervener or of its own motion, fix the date, time and place for the hearing of an appeal.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 20
20 When the Court has fixed the date for a hearing, the Registrar shall, no later than 30 days before that date, send by registered mail to all parties, or have served on all parties to the appeal, a notice of hearing.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 21
21 The Court may, on application by the Minister or an appellant or by an intervener or of its own motion, adjourn an appeal on such terms as in its opinion the circumstances of the case require.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 22
22 The Court, upon the application of a party to an appeal or of its own motion and after giving every party an opportunity to be heard, may, at any stage of the appeal, give directions for the further conduct of the appeal.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 23
23 All parties to an appeal may appear in person or may be represented by counsel or an agent.
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 24
24 (1) A party who requires the attendance of a person as a witness at a hearing may serve the person with a subpoena requiring the person to attend the hearing at the time and place stated in the subpoena and the subpoena may also require the person to produce at the hearing the documents or other things in the person’s possession, control or power relating to the matters in question in the appeal that are specified in the subpoena. (2) On the request of a party or of counsel, the Registrar, or some other person authorized by the Chief Justice, shall sign, seal and issue a blank subpoena and the party or counsel may complete the subpoena and insert the names of any number of witnesses. (3) A subpoena shall be served on a witness personally and, at the same time, witness fees and expenses in accordance with subsection (4) shall be paid or tendered to the witness. (4) A witness, other than a witness who appears to give evidence as an expert, is entitled to be paid by the party who arranged for his or her attendance $75 per day, plus reasonable and proper transportation and living expenses. (5) An amount is not payable under subsection (4) in respect of an appellant, a respondent or a person who has intervened under section 9 unless the appellant, respondent or person has been called upon to testify by another party to the appeal. SOR/93-98, s. 4; SOR/96-505, s. 2; SOR/2004-98, s. 3(E); SOR/2007-145, s. 7
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 26
26 (1) Unless otherwise provided in these rules, service of any document provided for in these rules shall be effected by personal service or by mail or by fax addressed (a) in the case of the Court or the Registrar, to a Registry, (b) in the case of the Minister, to the Commissioner of Revenue, Ottawa, Ontario K1A 0L8, (c) in the case of the appellant or any intervener (i) to the address of the appellant or intervener for service as set out in the notice of appeal or notice of intervention, or (ii) where no address for service is set out in the notice of appeal or notice of intervention, to the postal or other address set out in the notice of appeal, notice of intervention or any written communication made by that person to the Court or Registrar, and (d) in the case of any other person, to the address set out in the latest written communication made by that person to the Court or Registrar. (2) Any party to an appeal who wishes to change address for service shall (a) serve notice in writing of the change at the Registry to which the notice of appeal was sent, and (b) serve a copy of the notice on all other parties, which address shall thereafter be that party’s address for service. (3) Where service is effected by fax, the date of service is the date that the fax is transmitted and, if service is effected by mail, the date of service shall be deemed to be the date stamped on the envelope at the post office and, if there is more than one such date, the date of service shall be deemed to be the earliest date. SOR/2004-98, s. 7; SOR/2007-145, s. 11
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 26.1
26.1 (1) For the purpose of calculating a time limit established under these rules, the period beginning on December 21 in any year and ending on January 7 of the next year shall be excluded. (2) Where the time limited for the doing of a thing under these rules expires or falls on a holiday or a Saturday, the thing may be done on the day next following that is not a holiday or Saturday. SOR/93-98, s. 5
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 26.2
26.2 Subject to any order that the Court, in special circumstances, may make restricting access to a particular file by persons other than the parties to a matter before the Court, any person may, subject to appropriate supervision and when the facilities of the Court permit without interfering with the ordinary work of the Court, (a) inspect any Court file relating to a matter before the Court; and (b) on payment of $0.40 per page, obtain a photocopy of any document on a Court file. SOR/95-115, s. 1
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 27
27 (1) Failure to comply with these rules shall not render any proceedings void unless the Court so directs, but such proceedings may be set aside either in whole or in part as irregular and may be amended or otherwise dealt with in such manner and upon such terms as, in the opinion of the Court, the circumstances of the case require. (2) Where a person makes an application to set aside a proceeding for irregularity, the objections intended to be put forward shall be stated clearly in the application. (3) The Court may, where and as necessary in the interests of justice, dispense with compliance with any rule at any time. (4) Where matters are not provided for in these rules, the practice shall be determined by the Court, either on a motion for directions or after the event if no such motion has been made. SOR/2004-98, s. 4
Tax Court of Canada Rules of Procedure respecting the Canada Pension Plan — 28
28 (1) A person is guilty of contempt of court who (a) at a hearing of the Court fails to maintain a respectful attitude, remain silent or refrain from showing approval or disapproval of the proceeding; (b) wilfully disobeys a process or order of the Court; (c) acts in such a way as to interfere with the orderly administration of justice or to impair the authority or dignity of the Court; (d) is an officer of the Court and fails to perform his or her duties; (e) is a sheriff or bailiff and does not execute a writ forthwith or does not make a return thereof; or (f) contrary to these rules and without lawful excuse, (i) refuses or neglects to obey a subpoena or to attend at the time and place appointed for his or her examination for discovery, (ii) refuses to be sworn or to affirm or to answer any question put to him or her, (iii) refuses or neglects to produce or permit to be inspected any document or other property, or (iv) refuses or neglects to answer interrogatories or to make discovery of documents. (2) Subject to subsection (6), before a person may be found in contempt of court, the person alleged to be in contempt shall be served with an order, made on the motion of a person who has an interest in the proceeding or at the Court’s own initiative, requiring the person alleged to be in contempt (a) to appear before a judge at a time and place stipulated in the order; (b) to be prepared to hear proof of the act with which the person is charged, which shall be described in the order with sufficient particularity to enable the person to know the nature of the case against the person; and (c) to be prepared to present any defence that the person may have. (3) A motion for an order under subsection (2) may be made ex parte . (4) An order may be made under subsection (2) if the Court is satisfied that there is a prima facie case that contempt has been committed. (5) An order under subsection (2) shall be personally served, together with any supporting documents, unless otherwise ordered by the Court. (6) In a case of urgency, a person may be found in contempt of court for an act committed in the presence of a judge in the exercise of his or her functions and condemned at once, provided that the person has first been called on to justify his or her behaviour. (7) A finding of contempt shall be based on proof beyond a reasonable doubt. (8) A person alleged to be in contempt may not be compelled to testify. (9) Where the Court considers it necessary, it may request the assistance of the Attorney General of Canada or any other person in relation to any proceedings for contempt. (10) Where a person is found to be in contempt, a judge may order, in addition to any other order made in respect of the proceedings, any or all of the following: (a) that the person be imprisoned for a period of less than two years; (b) that the person pay a fine; (c) that the person do or refrain from doing any act; (d) that the person’s property be sequestered; and (e) that the person pay costs. SOR/2004-98, s. 5