Competition Tribunal Rules (SOR/2008-141)

Marginal note:Proof of service

• 11 (1) Proof of service shall be made by an affidavit of service in accordance with the form set out in Schedule 1, for an originating document, or Schedule 2, for a document other than an originating document.

• Marginal note:By certificate

  (2) Proof of service of a document other than an originating document can be made by a certificate by a counsel or the person designated by the counsel in accordance with the form set out in Schedule 3.

• Marginal note:Service by mail

  (3) In the case of service by registered mail, a signed and dated acknowledgement of receipt shall be attached to the affidavit of service or the counsel’s certificate, as the case may be.

Filing of Documents

Marginal note:Electronic filing

• 12 (1) The parties shall file their documents by electronic transmission.

• Marginal note:Alternative

  (2) The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing and facsimile filing.

• Marginal note:Original document

  (3) Documents filed by electronic transmission shall constitute the original for both electronic and paper hearings.

• Marginal note:Paper copies

  (4) Parties to paper hearings shall provide to the registry five paper copies of the documents filed by electronic transmission within 24 hours after that filing.

Marginal note:Filing by intervenor

13 An intervenor shall use the same medium (electronic or paper) as the parties.

Marginal note:Paper filing

• 14 (1) Subject to subrule (2), only those documents that are printed on 21.5 cm x 28 cm (letter size) paper and that have numbered pages may be filed.

• Marginal note:Non-standard format

  (2) A document that is not printed on 21.5 cm x 28 cm paper and that cannot reasonably be converted to that format by the person filing it may be filed in its existing format.

Marginal note:Facsimile filing

• 15 (1) If a document is filed by facsimile transmission, it is deemed to be the original.

• Marginal note:Filing by facsimile not allowed

  (2) The following documents shall not be filed by facsimile transmission:

  • (a) an originating document and any documents accompanying it;

  • (b) a document that is filed in multiple copies; and

  • (c) a document that contains, to which is appended or that is accompanied by a document containing confidential information.

Marginal note:Cover page

16 A document filed by facsimile transmission shall include a cover page that satisfies the requirements of subrule 10(3).

Marginal note:Filing after 17:00 hours

17 A document filed by facsimile transmission after 17:00 hours Ottawa local time is deemed to be filed on the next day that is not a holiday or Saturday.

Marginal note:Format for electronic filing

• 18 (1) An electronic version of a document in PDF (Portable Document Format) or any other format allowed by the Tribunal shall be filed in a manner directed by the Registrar.

• Marginal note:Filed electronically

  (2) All documents filed by electronic transmission shall be electronically time stamped.

• Marginal note:Filed after 17:00 hours

  (3) Any document transmitted electronically after 17:00 hours Ottawa local time is deemed to be filed on the next day that is not a holiday or Saturday.

Marginal note:Irregularity or defect

19 At any time before judgment is given in a proceeding, the Tribunal may draw the attention of a party to any irregularity or defect relating to an electronic version of a document and permit the party to remedy it on any conditions that the Tribunal considers fair.

Marginal note:Electronic sworn statement or solemn affirmation

• 20 (1) A statement made under oath or solemn affirmation may be filed electronically, by filing a scanned version of the document that includes a handwritten signature and the following: “The document that is being electronically submitted to the Tribunal is an electronic version of a paper document that has been signed by the affiant. The signed document in paper copy is available and will be produced if requested by the Tribunal.”

• Marginal note:Maintenance of document

  (2) The document referred to in subrule (1) must be maintained in paper form by the party or intervenor filing the document until one year after all periods for appeals expire.

• Marginal note:Provision of original

  (3) Upon request of the Tribunal, the party or intervenor filing the statement made under oath or solemn affirmation must provide the original signed document for review.

• Marginal note:Alternative means for filing

  (4) Upon the request of a party or intervenor, the Tribunal may order a different method for the electronic filing of a statement made under oath or a solemn affirmation, or may order other means for filing the document.

Marginal note:Electronic certified copy

21 If a document is filed electronically, and a certified copy of the document is requested from the Tribunal, the Tribunal may provide an electronic copy of the document stamped “certified”.

Marginal note:Public access

22 Subject to any confidentiality order under rule 66, the public is entitled to access the documents filed or received in evidence on the public record, in the format in which they were received by the registry.

Marginal note:Without confidentiality order

23 A party or intervenor who wishes to assert confidentiality in a document to be filed that is not covered by a confidentiality order shall

• (a) file a public version of the document that does not include the confidential information;

• (b) provide the registry with a version of the document marked “confidential” that includes and identifies the confidential information that has been deleted from the public version filed under paragraph (a); and

• (c) bring a motion under rule 66 for an order allowing it to file the confidential version.

Marginal note:With confidentiality order

24 A party or intervenor who wishes to file a document containing information that has already been made subject to a confidentiality order under rule 66 shall file a public version that does not include the confidential information and a confidential version with each page clearly marked “confidential”. The confidential version shall identify the confidential material that has been deleted from the public version and the date of the relevant confidentiality order.

Publication of Notice

Marginal note:Notice

• 25 (1) The Registrar shall, as soon as the notice of application under Part VIII of the Act has been filed, publish a notice

  • (a) in the Canada Gazette; and

  • (b) over a period of two weeks, in at least two issues of at least two daily newspapers designated by the Chairperson or a judicial member designated by the Chairperson.

• Marginal note:Content

  (2) The notice referred to in subrule (1) shall state

  • (a) that an application for an order has been made to the Tribunal;

  • (b) the name of each person against whom or in respect of whom the order is sought;

  • (c) the particulars of the order sought;

  • (d) that the notice of application and accompanying documents may be examined at the office of the Registrar; and

  • (e) the date on or before which a motion for leave to intervene must be filed.

Discontinuance or Withdrawal

Marginal note:Discontinuance

• 26 (1) An applicant may discontinue all or part of an application at any time before a final determination of the application by the Tribunal.

• Marginal note:Notice of discontinuance

  (2) The applicant shall serve a notice of discontinuance on each party and on each intervenor and file the notice with proof of service.

Marginal note:Withdrawal

• 27 (1) A respondent who has filed a response may withdraw all or part of the response at any time before a final determination of the application by the Tribunal.

• Marginal note:Notice of withdrawal

  (2) The respondent shall serve a notice of withdrawal on each party and on any intervenor and file the notice with proof of service.

Marginal note:Costs

28 If a party withdraws from or discontinues the proceedings, the Tribunal may award costs in accordance with section 8.1 of the Competition Tribunal Act.

Hearings

Marginal note:Hearings open to the public

29 Subject to rule 30, hearings shall be open to the public.

Marginal note:In-camera hearings

• 30 (1) A party, an intervenor or a person interested in the proceedings may request that all or a portion of a hearing not be open to the public.

• Marginal note:Content of request

  (2) A person who makes the request shall advise the Tribunal of the reasons for the request, including details of the specific, direct harm that would allegedly result from conducting the hearing or a portion of the hearing in public.

• Marginal note:Power of the Tribunal

  (3) The Tribunal may, if it is of the opinion that there are valid reasons for a hearing not to be open to the public, make any order that it deems appropriate.

Practice and Procedure

Marginal note:Composition of the Tribunal

31 Subject to sections 10 and 11 of the Competition Tribunal Act and for the purposes of these Rules, the Tribunal shall consist of one or more members designated by the Chairperson, at least one of whom is a judicial member.

Marginal note:Case record in electronic format

32 The original and official case record of an electronic hearing shall be kept by the Tribunal only in electronic format.

Marginal note:Practice directions

• 33 (1) The Tribunal may issue practice directions.

• Marginal note:Technology

  (2) The Tribunal may give directions requiring the use of any electronic or digital means of communication, storage or retrieval of information, or any other technology it considers appropriate to facilitate the conduct of a hearing or case management conference.

Marginal note:Questions as to practice or procedure

• 34 (1) If, in the course of proceedings, a question arises as to the practice or procedure to be followed in cases not provided for by these Rules, the practice and procedure set out in the Federal Courts Rules may be followed.

• Marginal note:Tribunal may direct

  (2) If a person is uncertain as to the practice or procedure to be followed, the Tribunal may give directions about how to proceed.

PART 2Contested Proceedings

Application

Marginal note:Application of Part

35 This Part applies to all applications to the Tribunal, except applications for interim or temporary orders (Part 4), applications for specialization agreements (Part 5), applications for leave under section 103.1 of the Act (Part 8) and applications for a loan order (Part 9).

Marginal note:Notice of application

• 36 (1) An application shall be made by filing a notice of application.

• Marginal note:Form and content

  (2) A notice of application shall be signed by or on behalf of the applicant and shall set out, in numbered paragraphs,

  • (a) the sections of the Act under which the application is made;

  • (b) the name and address of each person against whom an order is sought;

  • (c) a concise statement of the grounds for the application and of the material facts on which the applicant relies;

  • (d) a concise statement of the economic theory of the case, if any, except in the case of an application made under Part VII.1 of the Act;

  • (e) the particulars of the order sought; and

  • (f) the official language that the applicant intends to use in the proceedings.