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

42 [Repealed, SOR/2018-87, s. 38]

43 [Repealed, SOR/2018-87, s. 38]

Discontinuance

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.

45 [Repealed, SOR/2018-87, s. 39]

Failure to Appear

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.

47 [Repealed, SOR/2018-87, s. 40]

PART IIIReferences Under Subsection 33(2) of the Special Import Measures Act

Application

48 This Part applies to a reference made to the Tribunal under subsection 33(2) of the Special Import Measures Act.

Notice of Reference

49 A reference shall be made by filing with the Tribunal written notice of the reference of the question to the Tribunal.

Sending of Notice to the President

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.

Information to be Filed by the President

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.

Advice

• 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.

PART III.1Preliminary Inquiries Under Subsection 34(2) of the Special Import Measures Act

Application

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.

Notice of Commencement of Preliminary Inquiry

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.

Sending of a Notice of Commencement of Preliminary Inquiry

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.

Information to be Filed by the President

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.

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.

PART IVInquiries Under Section 42 of the Special Import Measures Act

Application

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.

Notice of Commencement of Inquiry

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.

Sending of a Notice of Commencement of Inquiry

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.

Information to be Filed by the President — Preliminary Determination

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.

Information to be Filed by the President — Final Determination

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.

Information to be Provided by the Tribunal

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.

Availability of Information

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.

Written Submissions and Documentary Evidence

• 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.

Information to be Provided by Parties

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.

Request for Information

• 61.1 (1) In this rule, a request for information includes a request for the production of a document.

• (2) A party may direct a request for information to any other party.

• (3) A party that makes a request for information shall file the request with the Tribunal and serve it on the other parties within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct.

• (4) A request for information shall

  • (a) be in writing;

  • (b) set out the name of the party to whom it is addressed;

  • (c) number each request for information consecutively;

  • (d) explain how the request is relevant or necessary to the proceeding; and

  • (e) be dated.

• (5) If the party to whom the request is addressed refuses to give some or all of the information requested, that party must, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

  • (a) if the party contends that some or all of the information requested is not relevant or necessary, give reasons in support of that contention;

  • (b) if the party contends that some or all of the information requested is not available, give reasons for its unavailability and provide any other available information or documents that are of the same nature and to the same effect as the requested information; and

  • (c) if the party makes any other contention, including a contention based on criteria referred to in paragraphs (7)(c) to (f), give reasons in support of that contention.

• (6) The Tribunal may, on its own initiative or on the request of a party, refuse the request or grant all or part of it on the basis of criteria set out in subrule (7).

• (7) For the purpose of subrule (6), the Tribunal shall take the following criteria into account:

  • (a) the relevance and necessity of the information requested;

  • (b) any contentions referred to in subrule (5);

  • (c) the sufficiency of the information already on the record;

  • (d) the availability of the information from other sources;

  • (e) the ability or inability of the party to respond; and

  • (f) any other matter relevant to the request.

• (8) If the Tribunal orders the party to whom the request is addressed to provide some or all of the information requested, the party shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct,

  • (a) serve on the other party

    • (i) a full and adequate response, in writing, for each question in the request,

    • (ii) a signed declaration that the responses are complete and correct to the best of the information and belief of the party providing the response, and

    • (iii) the information requested, or copies of it; and

  • (b) file with the Tribunal copies of the responses and information in the number that it indicates are necessary for it and the interested parties.

• (9) A party to whom a request for information is directed complies with the order of the Tribunal if the party indicates to the other party which of its records contain the relevant information and

  • (a) the party specifies in sufficient detail where the information may be found;

  • (b) the burden of obtaining the information is substantially the same for either party; and

  • (c) the party directing the request is given a reasonable opportunity to examine the records and make copies or summaries of them.

• (10) If a party files a response or documents that contain confidential information, the party who provides the confidential information shall, within any time that the considerations of fairness and efficiency permit and that the Tribunal may direct, file a non-confidential edited version or a non-confidential summary of the response in accordance with paragraph 46(1)(b) of the Act.

• (11) If a party to whom a request for information is directed does not comply with this rule, the party who directed the request for information may request the Tribunal to order compliance.