Competition Tribunal Rules (SOR/2008-141)

PART 1General

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Rules.

Act

Act means the Competition Act. (Loi)

applicant

applicant means a person who files an application under Part VII.1 or Part VIII of the Act or a person who files a reference under section 124.2 of the Act. (demandeur)

certified copy

certified copy of a document means a copy of the document certified by the Registrar or a person designated by the Registrar. (copie certifiée)

Chairperson

Chairperson means the judicial member designated to be Chairman of the Tribunal under subsection 4(1) of the Competition Tribunal Act. (président)

Commissioner

Commissioner means the Commissioner of Competition appointed under subsection 7(1) of the Act. (commissaire)

consent agreement

consent agreement means an agreement made under section 74.12, 105 or 106.1 of the Act, the terms of which have been agreed on by the parties. (consentement)

counsel

counsel means a member of the bar of a province. (avocat)

document

document includes pleadings, affidavits and any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record, and any other documentary material, regardless of physical form or characteristics, and any copy or portion of that material. (document)

electronic hearing

electronic hearing means a hearing in which documents are provided in an electronic form to the registry and are presented electronically in the course of the hearing. (audience électronique)

electronic transmission

electronic transmission includes transmission by electronic mail (e-mail) or via the Tribunal website. (transmission électronique)

file

file means to file with the Registrar. (déposer)

intervenor

intervenor means

• (a) a person granted leave to intervene by the Tribunal in accordance with rule 46;

• (b) an attorney general who intervenes under section 88 or 101 of the Act; or

• (c) the Commissioner who intervenes under section 103.2 or subsection 124.2(3) of the Act. (intervenant)

originating document

originating document means either a notice of application, a notice of reference, or an application for leave under section 103.1 of the Act. (acte introductif d’instance)

paper hearing

paper hearing means a hearing in which documents are provided in paper form to the registry and are presented in paper form in the course of the hearing. (audience sur pièces)

party

party means an applicant or a respondent. (partie)

person

person includes a corporation, a partnership and an unincorporated association. (personne)

reference

reference means the reference of a question to the Tribunal for determination under section 124.2 of the Act. (renvoi)

Registrar

Registrar means the Registrar of the Tribunal. (registraire)

registry

registry means the Registry of the Tribunal. (greffe)

respondent

respondent means a person who is named as a respondent in a notice of application. (défendeur)

Rules Applicable to All Proceedings

Dispensing with Compliance

Marginal note:Variation

• 2 (1) The Tribunal may dispense with, vary or supplement the application of any of these Rules in a particular case in order to deal with all matters as informally and expeditiously as the circumstances and considerations of fairness permit.

• Marginal note:Urgent matters

  (2) If a party considers that the circumstances require that an application be heard urgently or within a specified period, the party may request that the Tribunal give directions about how to proceed.

Time Limits

Marginal note:Interpretation Act

3 Unless otherwise provided in these Rules, time limits under these Rules or under an order of the Tribunal shall be calculated under sections 26 to 30 of the Interpretation Act.

Marginal note:Calculating time limits

• 4 (1) If the time for doing an act expires on a holiday or a Saturday, the act may be done on the next day that is not a holiday or a Saturday.

• Marginal note:Time limit less than six days

  (2) If a time limit is less than six days, holidays and Saturdays shall not be included in the calculation of the time limit.

Marginal note:Varying time limits

5 The time limits prescribed by these Rules may only be shortened or extended by an order or a direction of a judicial member.

Documents

Marginal note:Memorandum of fact and law

6 Where in these Rules a reference is made to a memorandum of fact and law, the memorandum of fact and law shall contain a table of contents and, in consecutively numbered paragraphs,

• (a) a concise statement of fact;

• (b) a statement of the points in issue;

• (c) a concise statement of the submissions;

• (d) a concise statement of the order sought, including any order concerning costs;

• (e) a list of the authorities, statutes and regulations to be referred to; and

• (f) an appendix, and if necessary as a separate document, a copy of the authorities (or relevant excerpts) as well as a copy of any statutory or regulatory provisions cited or relied on that have not been reproduced in another party’s memorandum.

Marginal note:Subpoena

• 7 (1) The Registrar or the person designated by the Registrar may issue a writ of subpoena for the attendance of witnesses and the production of documents.

• Marginal note:In blank

  (2) The Registrar may issue a writ of subpoena in blank and the person to whom it is issued shall complete it and may include any number of names.

Service of Documents

Marginal note:Originating document

• 8 (1) Service of an originating document shall be effected

  • (a) in the case of an individual, by leaving a certified copy of the originating document with the individual;

  • (b) in the case of a partnership, by leaving a certified copy of the originating document with one of the partners during business hours;

  • (c) in the case of a corporation, by leaving a certified copy of the originating document with an officer of the corporation or with a person apparently in charge of the head office or of a branch of the corporation in Canada during business hours;

  • (d) in the case of the Commissioner, by leaving a certified copy of the originating document at the Commissioner’s office during business hours; and

  • (e) in the case of a person referred to in any of paragraphs (a) to (d) who is represented by counsel, by leaving a certified copy of the originating document with the counsel who accepts service of the document.

• Marginal note:Alternative manner

  (2) If a person is unable to serve an originating document in a manner described in subrule (1), the person may apply to a judicial member for an order setting out another manner for effecting service.

• Marginal note:Service of order

  (3) The person who obtains an order made under subrule (2) shall serve the order on each person named in the originating document.

Marginal note:Deemed served

9 If a document has been served in a manner not authorized by these Rules or by an order of the Tribunal, the Tribunal may, on motion, order that a document be deemed validly served if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person’s notice except for the person’s avoidance of service.

Marginal note:Other documents

• 10 (1) Service of a document, other than an originating document, on a person who is not represented by counsel shall be effected

  • (a) in a manner set out in any of paragraphs 8(1)(a) to (d), except that the copy of the document need not be certified;

  • (b) by leaving a copy of the document at the usual or last known address of the person;

  • (c) by sending a copy of the document to the person by facsimile transmission in accordance with subrule (3);

  • (d) by sending a copy of the document to the person by registered mail or by messenger or courier service, and by obtaining an acknowledgement of receipt signed and dated by the person or by someone on behalf of the person;

  • (e) by electronic transmission of the document to the person, if the person agrees and, within 24 hours, sends an acknowledgement of receipt; or

  • (f) in any other manner that the Tribunal may order.

• Marginal note:Person represented

  (2) Service of a document, other than an originating document, on a person who is represented by counsel shall be effected

  • (a) in the manner set out in paragraph 8(1)(e), except that the copy of the document need not be certified;

  • (b) by leaving a copy of the document at the counsel’s business address;

  • (c) by sending a copy of the document to the counsel by facsimile transmission in accordance with subrule (3);

  • (d) by sending a copy of the document to the counsel by registered mail and by obtaining an acknowledgement of receipt signed and dated by the counsel or by someone on behalf of the counsel;

  • (e) by electronic transmission to the counsel, who shall within 24 hours send an acknowledgement of receipt; or

  • (f) in any other manner that the Tribunal may order.

• Marginal note:Service by fax

  (3) A document that is served by facsimile transmission shall include a cover page setting out

  • (a) the name, address and telephone number of the sender;

  • (b) the name of the person or the counsel to whom a copy of the document is sent;

  • (c) the date and time of the transmission;

  • (d) the total number of pages transmitted, including the cover page; and

  • (e) the name and telephone number of the person to contact if transmission problems occur.

• Marginal note:Service by electronic transmission

  (4) A document that is served by electronic transmission shall be accompanied by an electronic message setting out

  • (a) the name, address, telephone number and e-mail address of the sender;

  • (b) the name of the person or the counsel to whom the document is sent;

  • (c) the date and time of the transmission;

  • (d) the title of the document transmitted; and

  • (e) the name, telephone number and e-mail address of the person to contact if transmission problems occur.