GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian International Trade Tribunal Rules — 30
30 This Part applies to proceedings in respect of (a) an appeal from an assessment, reassessment, rejection, decision or determination of the Minister of National Revenue or from a decision or re-determination of the President, as the case may be, pursuant to (i) section 67 of the Customs Act , (ii) section 61 of the Special Import Measures Act , (iii) sections 81.19, 81.21, 81.22, 81.23 or 81.33 of the Excise Tax Act , and (iv) [Repealed, SOR/2018-87, s. 27] (v) sections 13 or 63 of the Energy Administration Act ; and (b) with such modifications as the circumstances require, a re-hearing under subsection 68(2) of the Customs Act or paragraph 62(2)(b) of the Special Import Measures Act and a reference under section 70 of the Customs Act as if they were an appeal. SOR/2000-139, s. 18; SOR/2018-87, ss. 27, 89
Canadian International Trade Tribunal Rules — 31
31 (1) An appeal to the Tribunal shall be commenced by filing a notice of appeal (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) The notice of appeal shall be accompanied by a copy of the assessment, reassessment, rejection, decision, determination or re-determination, as the case may be, from which the appeal is launched. (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. SOR/2000-139, s. 19; SOR/2018-87, s. 28
Canadian International Trade Tribunal Rules — 32
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. SOR/2018-87, s. 29
Canadian International Trade Tribunal Rules — 34
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) A brief referred to in subrule (1) shall (a) be dated and signed by the appellant or by the appellant’s counsel, if any; (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) An appellant who intends to rely at the hearing (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. SOR/2000-139, s. 21; SOR/2018-87, s. 30
Canadian International Trade Tribunal Rules — 35
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) A response referred to in subrule (1) shall (a) be dated and signed by the respondent or the respondent’s counsel, if any; (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) A respondent who intends to rely at the hearing (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. SOR/2000-139, s. 22; SOR/2018-87, s. 31
Canadian International Trade Tribunal Rules — 36
36 The Tribunal may, at any time, direct a party to file with the Tribunal any written submissions, documents or evidence relating to an appeal. SOR/2000-139, s. 23
Canadian International Trade Tribunal Rules — 37
37 Where an appeal is to be disposed of by means of a hearing, the Tribunal shall fix a date for the hearing of the appeal.
Canadian International Trade Tribunal Rules — 38
38 When the Tribunal has fixed the date for a hearing, it must notify all parties to the appeal and their counsel. SOR/2000-139, s. 24; SOR/2018-87, s. 34
Canadian International Trade Tribunal Rules — 40
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. SOR/2000-139, s. 24; SOR/2018-87, s. 35
Canadian International Trade Tribunal Rules — 40.1
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 (d) include any other relevant matters. SOR/2000-139, s. 24; SOR/2018-87, s. 37
Canadian International Trade Tribunal Rules — 41
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. SOR/2000-139, s. 25; SOR/2018-87, s. 38
Canadian International Trade Tribunal Rules — 44
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. SOR/2000-139, s. 27; SOR/2018-87, s. 39
Canadian International Trade Tribunal Rules — 46
46 Where, at a hearing, a party fails to appear, the Tribunal may allow the appeal, dismiss the appeal or give such other direction as is just.
Canadian International Trade Tribunal Rules — 48
48 This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act . SOR/2000-139, s. 28
Canadian International Trade Tribunal Rules — 49
49 A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal.
Canadian International Trade Tribunal Rules — 50
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. SOR/2000-139, s. 29; SOR/2018-87, s. 41
Canadian International Trade Tribunal Rules — 51
51 Where a reference is made in relation to any matter before the President, the President shall file with the Tribunal (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 (c) a list of the names and addresses of all persons and governments that, pursuant to that Act, were given notice of the decision or conclusion of the President as a result of which the question was referred to the Tribunal. SOR/2000-139, s. 29; SOR/2018-87, ss. 42(E), 89
Canadian International Trade Tribunal Rules — 52
52 (1) The Tribunal shall render its advice on a reference in writing and give reasons for its advice. (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. SOR/97-325, s. 1; SOR/2000-139, s. 30; SOR/2018-87, s. 43
Canadian International Trade Tribunal Rules — 52.1
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. SOR/2000-139, s. 31; SOR/2018-87, s. 44
Canadian International Trade Tribunal Rules — 52.2
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: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (e) the date on or before which any written submissions must be filed; (f) the number of copies of each written submission that must be filed; (g) instructions with respect to the filing of confidential information; (h) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the preliminary inquiry may be obtained; and (i) any other information that the Tribunal considers relevant to the inquiry. SOR/2000-139, s. 31; SOR/2018-87, ss. 45, 91
Canadian International Trade Tribunal Rules — 52.3
52.3 The Tribunal shall send a copy of a notice of commencement of preliminary inquiry referred to in rule 52.2 to (a) the President; (b) all of the persons known to the Tribunal to be interested parties; and (c) the government of any country from which goods in respect of which the initiation of a dumping or subsidizing investigation was made were exported to Canada. SOR/2000-139, s. 31; SOR/2018-87, ss. 89, 90, 92(F)
Canadian International Trade Tribunal Rules — 52.4
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, (a) a copy of the President’s statement of reasons for initiating the investigation; (b) a copy of both the public and, if applicable, confidential version of the written complaint made to the President under subsection 31(1) of the Special Import Measures Act ; and (c) any other relevant information that has been taken into consideration by the President. SOR/2000-139, s. 31; SOR/2002-402, s. 2(E); SOR/2018-87, s. 46
Canadian International Trade Tribunal Rules — 52.5
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. SOR/2000-139, s. 31; SOR/2018-87, s. 47
Canadian International Trade Tribunal Rules — 53
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. SOR/2000-139, s. 32; SOR/2018-87, s. 48
Canadian International Trade Tribunal Rules — 54
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: (a) the statutory authority for the inquiry; (b) the subject-matter of the inquiry; (c) the date on or before which an interested party must file a notice of participation; (d) the date on or before which counsel for an interested party must file a notice of representation and, if appropriate, a declaration and undertaking referred to in subrule 16(1); (e) the date on or before which an interested person may file written representations under subsection 45(6) of that Act; (f) the date on or before which any written submissions must be filed; (g) the number of copies of each written submission that must be filed; (h) instructions with respect to the filing of confidential information; (i) the address to which written submissions or correspondence may be sent or delivered and at which information in respect of the inquiry may be obtained; (j) the place and time fixed for the commencement of a hearing in the inquiry; and (k) any other information that the Tribunal considers relevant to the inquiry. SOR/2000-139, s. 32; SOR/2002-402, s. 3(E); SOR/2018-87, ss. 49, 91
Canadian International Trade Tribunal Rules — 55
55 The Tribunal shall send a copy of a notice of commencement of inquiry referred to in rule 54 to (a) the President; (b) all of the persons known by the Tribunal to be interested parties; and (c) the government of any country from which goods in respect of which the preliminary determination was made were exported to Canada. SOR/2000-139, s. 32; SOR/2018-87, ss. 89, 90, 92(F)
Canadian International Trade Tribunal Rules — 56
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: (a) a copy of the preliminary determination; (b) a detailed statement of all estimates and of all things specified by the President pursuant to paragraph 38(1)(a) or (b) of that Act; (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; and (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request. SOR/2000-139, s. 32; SOR/2018-87, ss. 50, 89
Canadian International Trade Tribunal Rules — 57
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: (a) a copy of the final determination; (b) a detailed statement of all estimates and of all things specified by the President pursuant to subsection 41(1) of that Act; (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 (d) such other materials that contain information with respect to any matter referred to in any of paragraphs (a) to (c) as is in the President’s possession and as the Tribunal may from time to time request. SOR/2000-139, s. 32; SOR/2002-402, s. 4(E); SOR/2018-87, ss. 51, 89
Canadian International Trade Tribunal Rules — 58
58 In any inquiry, the Tribunal shall, forthwith after expiration of the date on or before which interested parties or counsel for the interested parties are required to file a Notice of Appearance, provide each counsel and, where a party to the inquiry is not represented by counsel, that party, with the following information: (a) the names and addresses of all parties to the inquiry and their counsel, if any; (b) the codes assigned to the parties’ exhibits; and (c) the procedure for the filing of documents. SOR/2018-87, s. 90
Canadian International Trade Tribunal Rules — 59
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, (a) to each counsel who has filed a declaration and undertaking referred to in subrule 16(1) and who has been granted access to the confidential information, all of the confidential information provided to the Tribunal for the purposes of the inquiry; and (b) to all counsel and to any party who is not represented by counsel, all of the information provided to the Tribunal for the purposes of the inquiry that has not been designated as confidential. SOR/2000-139, s. 33; SOR/2018-87, ss. 52, 91
Canadian International Trade Tribunal Rules — 60
60 (1) The Tribunal may at any time direct any party to an inquiry to file with the Tribunal, on or before a date fixed by the Tribunal, the following material: (a) written submissions, documents or evidence relating to the inquiry; (b) a statement of the evidence adduced or to be adduced by the party; and (c) a description of any exhibit in other than documentary form that the party intends to adduce at the inquiry. (2) In the case of an inquiry under section 31 of the Special Import Measures Act , the date fixed for the filing of the material referred to in subrule (1) by any party other than the complainant or other person referred to in that section shall be later than the date fixed under that subrule for the filing of the material by the complainant or other person. SOR/2000-139, s. 33
Canadian International Trade Tribunal Rules — 61
61 In considering an issue of injury or retardation or threat of injury, the Tribunal may at any time direct a party to an inquiry to produce information that relates to the factors prescribed by section 37.1 of the Special Import Measures Regulations . SOR/2000-139, s. 33
Canadian International Trade Tribunal Rules — 61.2
61.2 (1) A party who wishes to have supplementary information relating to submissions, evidence and responses to requests for information that are filed with the Tribunal by another party shall serve a notice on all of the parties before the start of a hearing, within the period that the Tribunal may direct, to have the other party answer questions or provide documents or other information at the hearing concerning the matters arising from the material filed. (2) A party who makes a request shall file the notice with the Tribunal. (3) The notice shall (a) be in writing; (b) identify the party who will be required to answer questions or bring specified documents or information; (c) number each matter consecutively; (d) specify the information or documents requested, with an explanation of how they are relevant or necessary to the proceeding; and (e) be dated. (4) The Tribunal shall notify the parties in writing on which matters they must be prepared to answer questions at the hearing and specify which documents, if any, that they must be prepared to bring with them to the hearing. SOR/2000-139, s. 33