Competition Tribunal Rules

Competition Tribunal Rules The Competition Tribunal, pursuant to subsection 16(1) of the Competition Tribunal Acta and subject to the approval of the Governor in Council, hereby makes the annexed Competition Tribunal Rules. R.S., c. 19 (2nd Supp.), Part I February 11, 2008 Whereas, pursuant to paragraph 17(a) of the Competition Tribunal Acta, a copy of the proposed Competition Tribunal Rules, substantially in the form set out in the annexed Rules, was published in the Canada Gazette, Part I, on May 26, 2007 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Registrar with respect to the proposed Rules; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 16 of the Competition Tribunal Acta, hereby approves the annexed Competition Tribunal Rules made by the Competition Tribunal. Definitions The following definitions apply in these Rules. Act means the Competition Act. (Loi) 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 of a document means a copy of the document certified by the Registrar or a person designated by the Registrar. (copie certifiée) Chairperson means the judicial member designated to be Chairman of the Tribunal under subsection 4(1) of the Competition Tribunal Act. (président) Commissioner means the Commissioner of Competition appointed under subsection 7(1) of the Act. (commissaire) 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 means a member of the bar of a province. (avocat) 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 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 includes transmission by electronic mail (e-mail) or via the Tribunal website. (transmission électronique) file means to file with the Registrar. (déposer) intervenor means a person granted leave to intervene by the Tribunal in accordance with rule 46; an attorney general who intervenes under section 88 or 101 of the Act; or the Commissioner who intervenes under section 103.2 or subsection 124.2(3) of the Act. (intervenant) 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 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 means an applicant or a respondent. (partie) person includes a corporation, a partnership and an unincorporated association. (personne) reference means the reference of a question to the Tribunal for determination under section 124.2 of the Act. (renvoi) Registrar means the Registrar of the Tribunal. (registraire) registry means the Registry of the Tribunal. (greffe) respondent means a person who is named as a respondent in a notice of application. (défendeur) Variation 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. Urgent matters 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. Interpretation Act 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. Calculating time limits 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. Time limit less than six days If a time limit is less than six days, holidays and Saturdays shall not be included in the calculation of the time limit. Varying time limits The time limits prescribed by these Rules may only be shortened or extended by an order or a direction of a judicial member. Memorandum of fact and law 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 concise statement of fact; a statement of the points in issue; a concise statement of the submissions; a concise statement of the order sought, including any order concerning costs; a list of the authorities, statutes and regulations to be referred to; and 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. Subpoena 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. In blank 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. Originating document Service of an originating document shall be effected in the case of an individual, by leaving a certified copy of the originating document with the individual; in the case of a partnership, by leaving a certified copy of the originating document with one of the partners during business hours; 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; in the case of the Commissioner, by leaving a certified copy of the originating document at the Commissioner’s office during business hours; and 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. Alternative manner 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. Service of order The person who obtains an order made under subrule (2) shall serve the order on each person named in the originating document. Deemed served 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. Other documents Service of a document, other than an originating document, on a person who is not represented by counsel shall be effected 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; by leaving a copy of the document at the usual or last known address of the person; by sending a copy of the document to the person by facsimile transmission in accordance with subrule (3); 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; by electronic transmission of the document to the person, if the person agrees and, within 24 hours, sends an acknowledgement of receipt; or in any other manner that the Tribunal may order. Person represented Service of a document, other than an originating document, on a person who is represented by counsel shall be effected in the manner set out in paragraph 8(1)(e), except that the copy of the document need not be certified; by leaving a copy of the document at the counsel’s business address; by sending a copy of the document to the counsel by facsimile transmission in accordance with subrule (3); 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; by electronic transmission to the counsel, who shall within 24 hours send an acknowledgement of receipt; or Service by fax A document that is served by facsimile transmission shall include a cover page setting out the name, address and telephone number of the sender; the name of the person or the counsel to whom a copy of the document is sent; the date and time of the transmission; the total number of pages transmitted, including the cover page; and the name and telephone number of the person to contact if transmission problems occur. Service by electronic transmission A document that is served by electronic transmission shall be accompanied by an electronic message setting out the name, address, telephone number and e-mail address of the sender; the name of the person or the counsel to whom the document is sent; the title of the document transmitted; and the name, telephone number and e-mail address of the person to contact if transmission problems occur. Proof of service 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. By certificate 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. Service by mail 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. Electronic filing The parties shall file their documents by electronic transmission. Alternative The Tribunal may, if it considers that it is justified in the circumstances, allow paper filing and facsimile filing. Original document Documents filed by electronic transmission shall constitute the original for both electronic and paper hearings. Paper copies 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. Filing by intervenor An intervenor shall use the same medium (electronic or paper) as the parties. Paper filing 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. Non-standard format 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. Facsimile filing If a document is filed by facsimile transmission, it is deemed to be the original. Filing by facsimile not allowed The following documents shall not be filed by facsimile transmission: an originating document and any documents accompanying it; a document that is filed in multiple copies; and a document that contains, to which is appended or that is accompanied by a document containing confidential information. Cover page A document filed by facsimile transmission shall include a cover page that satisfies the requirements of subrule 10(3). Filing after 17:00 hours 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. Format for electronic filing 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. Filed electronically All documents filed by electronic transmission shall be electronically time stamped. Filed after 17:00 hours 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. Irregularity or defect 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. Electronic sworn statement or solemn affirmation 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.” Maintenance of document 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. Provision of original 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. Alternative means for filing 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. Electronic certified copy 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”. Public access 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. Without confidentiality order A party or intervenor who wishes to assert confidentiality in a document to be filed that is not covered by a confidentiality order shall file a public version of the document that does not include the confidential information; 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 bring a motion under rule 66 for an order allowing it to file the confidential version. With confidentiality order 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. Notice The Registrar shall, as soon as the notice of application under Part VIII of the Act has been filed, publish a notice in the Canada Gazette; and 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. Content The notice referred to in subrule (1) shall state that an application for an order has been made to the Tribunal; the name of each person against whom or in respect of whom the order is sought; the particulars of the order sought; that the notice of application and accompanying documents may be examined at the office of the Registrar; and the date on or before which a motion for leave to intervene must be filed. Discontinuance An applicant may discontinue all or part of an application at any time before a final determination of the application by the Tribunal. Notice of discontinuance The applicant shall serve a notice of discontinuance on each party and on each intervenor and file the notice with proof of service. Withdrawal 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. Notice of withdrawal The respondent shall serve a notice of withdrawal on each party and on any intervenor and file the notice with proof of service. Costs 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 open to the public Subject to rule 30, hearings shall be open to the public. In-camera hearings 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. Content of request 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. Power of the Tribunal 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. Composition of the Tribunal 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. Case record in electronic format The original and official case record of an electronic hearing shall be kept by the Tribunal only in electronic format. Practice directions The Tribunal may issue practice directions. Technology 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. Questions as to practice or procedure 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. Tribunal may direct If a person is uncertain as to the practice or procedure to be followed, the Tribunal may give directions about how to proceed. Application of Part 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). Notice of application An application shall be made by filing a notice of application. Form and content A notice of application shall be signed by or on behalf of the applicant and shall set out, in numbered paragraphs, the sections of the Act under which the application is made; the name and address of each person against whom an order is sought; a concise statement of the grounds for the application and of the material facts on which the applicant relies; 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; the particulars of the order sought; and the official language that the applicant intends to use in the proceedings. Service of notice The applicant shall, within five days after a notice of application is filed, serve the notice on each respondent. The applicant shall, within five days after the service of the notice of application, file proof of service. Response A respondent who wishes to oppose the application shall, within 45 days after being served with the notice of application, serve a response on the applicant and on any other respondent; and file the response with proof of service. The response shall set out, in numbered paragraphs, a concise statement of the grounds on which the application is opposed and of the material facts on which the person opposing the application relies; an admission or denial of each ground and of each material fact relevant to each ground set out in the notice of application; 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; and the official language that the person opposing the application intends to use in the proceedings. Reply The applicant may, within 14 days after being served with a response in accordance with subrule 38(1), serve a reply on the respondent and on each other party and shall file the reply with proof of service. A reply shall set out an admission or denial of each ground and of each material fact relevant to each ground set out in the response. Failure to file If the applicant does not file a reply, the applicant is deemed to have denied each ground and each material fact relevant to each ground set out in the response. Timetable for disposition of application Each party shall, within 14 days after the expiry of the period for filing a response, consult with the other parties and, if a timetable is agreed, file the proposed timetable for the disposition of the application, including a suggested start date, duration and place for the hearing. Timetable not agreed If the parties cannot agree on a timetable, each party shall serve on the other parties a proposed timetable and file it with proof of service within the period set out in subrule (1). Order in default of response If a person has not filed a response within the period set out in subrule 38(1), the applicant may move that the Tribunal issue the order sought in the notice of application against the person. Decision On a motion in accordance with subrule (1), the Tribunal shall, if it is satisfied that the notice of application was served in accordance with these Rules and it has heard any evidence that it may require, make any order that it deems appropriate. Service The Registrar shall, as soon as an order is made, serve the order on the respondent and on each other party. Motion for leave to intervene A motion under subsection 9(3) of the Competition Tribunal Act for leave to intervene shall be filed within 10 days after the end of the period for filing a response. Service and filing motion A motion for leave to intervene shall be made by serving on each of the parties a motion for leave to intervene and an affidavit setting out the facts on which the motion is based; and filing the motion and the affidavit with proof of service. A motion for leave to intervene shall set out the title of the proceedings in which the person making the motion wishes to intervene; the name and address of that person; a concise statement of the matters in issue that affect that person and the unique or distinct perspective that the person will bring to the proceeding; a concise statement of the competitive consequences arising from the matters referred to in paragraph (c) with respect to which that person wishes to make representations; the name of the party, if any, whose position that person intends to support; the official language to be used by that person at the hearing of the motion and, if leave is granted, in the proceedings; and a description of how that person proposes to participate in the proceedings. Disposition without hearing A person filing a motion for leave to intervene may request in writing that the Tribunal dispose of the motion without a hearing. A party served with a motion for leave to intervene may, within 14 days after that service, serve a response to the motion on the person making the motion and on each of the parties and shall file any response to the motion with proof of service. A response to a motion for leave to intervene shall deal with the matters raised in the motion; and state whether the party filing the response considers that a hearing should be held to determine the motion. A person making a motion for leave to intervene may, within seven days after the service of the response referred to in rule 44, serve a reply on each of the parties and shall file the reply with proof of service. Disposition If the Tribunal is of the opinion that a hearing should be held to determine a motion for leave to intervene, the motion shall be disposed of at a time and in a manner determined by the Tribunal. Determination by Tribunal The Tribunal may allow a motion for leave to intervene, with or without conditions, or refuse the motion. Intervention allowed If a motion for leave to intervene is allowed the Registrar shall send to the intervenor a list of all documents filed in the proceedings before or on the day on which the motion for leave to intervene was allowed; on request, the intervenor may obtain copies of the documents on the list from the Registrar; each party and each other intervenor shall serve on the intervenor any document that is filed by them after the day on which the motion for leave to intervene was allowed; and access by an intervenor to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal. Service of documents Any document to be filed by an intervenor shall be served on each party and each other intervenor and shall be filed with proof of service. Intervention by attorney general of a province If a notice of application relating to an application under section 86, 87 or 92 of the Act is filed, the Registrar shall serve the notice on the attorney general of each province. Date for filing notice The Registrar shall inform the attorney general of each province of the date on or before which any notice of intervention under rule 50 must be filed. Notice of intervention The attorney general of a province who decides to intervene in any proceedings before the Tribunal under section 86, 87 or 92 of the Act shall serve a notice of intervention on each party; and file the notice with proof of service within 10 days after the expiry of the period for filing a response. A notice of intervention shall set out the title of the proceedings in which the attorney general is intervening; a concise statement of the nature of the interest of the attorney general in the proceedings; a concise statement of the matters in respect of which the attorney general will make representations on behalf of the province; the name of the party, if any, whose position the attorney general intends to support; and the official language that the attorney general intends to use in the proceedings. The Registrar shall serve the notice of intervention on each other intervenor as soon as it is filed. List of documents If a notice of intervention is filed the Registrar shall send to the attorney general a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed; on request, the attorney general may obtain copies of the documents on the list from the Registrar; each party and each other intervenor shall serve on the attorney general any document filed by them after the day on which the notice of intervention was filed; and access by the attorney general to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal. Participation of an attorney general Subject to subsection 57(4) of the Federal Courts Act, the participation of an attorney general who has filed a notice of intervention is restricted to attending and making submissions at motions, case management conferences and the hearing of the application. Motion for leave to participate The attorney general may at any time serve and file with proof of service a motion for leave to participate in the proceedings in a manner other than that set out in subrule (1). Any document to be filed by an attorney general shall be served on each party and any other intervenor and shall be filed with proof of service. Intervention by the Commissioner If the Commissioner intervenes in a proceeding under section 103.2 or subsection 124.2(3) of the Act, the Commissioner shall file a notice of intervention that sets out the title of the proceedings in which the Commissioner is intervening; and a concise statement of the matters on which the Commissioner wishes to make representations. The Registrar shall serve the notice of intervention on each party as soon as it is filed. Commissioner’s access to documents If a notice of intervention is filed by the Commissioner, the Registrar shall, within five days after the filing of the notice, send to the Commissioner a list of all documents filed in the proceedings before or on the day on which the notice of intervention was filed; on request, the Commissioner may obtain copies of any of the documents on the list from the Registrar; each party shall serve on the Commissioner any document that is filed by them after the day on which the notice of intervention is filed; and access by the Commissioner to a document filed or received in evidence is subject to any relevant confidentiality order of the Tribunal. Requests for admissions A party may, after pleadings have been closed but not later than 25 days before the commencement of the hearing, request that another party admit a fact or the authenticity of a document by serving a request to admit, in form 255 of the Federal Courts Rules, on that party, with any modifications that the circumstances require. Deemed admissions A party who is served with a request to admit is deemed to admit the truth of a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in form 256 of the Federal Courts Rules within 20 days after service of the request and denies the admission, setting out the grounds for the denial, with any modifications that the circumstances require. Admissions for purposes of the proceedings A party is deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal. If a party denies or refuses to admit the truth of a fact or the authenticity of a document after receiving a request to admit, and the fact or authenticity of the document is subsequently proved at the hearing, the Tribunal may take the denial or refusal into account in exercising its discretion respecting costs. Withdrawal of admission An admission made in response to a request to admit, a deemed admission under rule 57 or an admission in a pleading may be withdrawn on consent of the other party or with leave of the Tribunal. Affidavit of documents The applicant and each respondent who has filed a response shall, within the time prescribed at a case management conference, serve an affidavit of documents on each other party. An affidavit of documents shall include a list identifying the documents that are relevant to any matter in issue and that are or were in the possession, power or control of the party; any claim that a document is confidential or contains confidential information; any claim that a document is privileged; and a statement of the grounds for each claim of privilege. Upon the motion of a party who has served an affidavit of documents and who opposes a claim for privilege of another party, the Tribunal may inspect the document and determine the validity of the claim. Application of deemed undertaking This rule applies to evidence obtained during documentary, written and oral discovery and information obtained from that evidence. Deemed undertaking All parties and their counsel are deemed to undertake not to use evidence or information to which this rule applies for any purposes other than those of the proceeding in which the evidence was obtained. Exceptions Subrule (2) does not prohibit a use to which the person who disclosed the evidence consents; the use, for any purpose, of evidence that is filed with the Tribunal, evidence that is given or referred to during a hearing; or information obtained from evidence referred to in subparagraph (i) or (ii), the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding, or the use of evidence or information in a subsequent Tribunal proceeding. Non-application If satisfied that the interest of justice outweighs any prejudice that would result to a party who disclosed evidence, the Tribunal may, on motion, order that the deemed undertaking referred to in subrule (2) does not apply to the evidence or to information obtained from it, and may impose any terms and give any directions that are just. Supplementary affidavit A party who has served an affidavit of documents and who comes into possession or control of or obtains power over a relevant document, or who becomes aware that the affidavit of documents is inaccurate or deficient, shall as soon as possible serve a supplementary affidavit of documents listing the document or correcting the inaccuracy or deficiency. Examination for discovery Examination for discovery shall occur as of right. The Tribunal may, in case management, make rulings to deal with the timing, duration, scope and form of the discovery as well as the appropriate person to be discovered. Access to documents Subject to any confidentiality order under rule 66, a party who has served an affidavit of documents on another party shall allow the other party to inspect and make copies of the documents listed in the affidavit, unless those documents are subject to a claim for privilege or are not within the party’s possession, power or control. Confidentiality order The Tribunal may order that a document or information in a document be treated as confidential and make any order that it deems appropriate, upon the motion of a party who has served an affidavit of documents; or upon the motion of a party or intervenor who has filed or will file the document. Clarification For greater certainty, the Tribunal may issue a single confidentiality order to cover the documents or information under paragraphs (1)(a) and (b). Content of motion The party or intervenor making a motion referred to in rule 66 shall include in the grounds for the motion details of the specific, direct harm that would allegedly result from unrestricted disclosure of the document or information; and include in the motion a draft confidentiality order including the following elements, namely, a description of the document or information or the category of documents or information for which the person seeks the confidentiality order, the identification of the person or category of persons who are entitled to have access to the confidential document or information, any document or information or category of documents or information to be made available to the person or category of persons referred to in subparagraph (ii), any written confidentiality agreement to be signed by the person or persons referred to in subparagraph (ii) and the provisions of that agreement, the number of copies of any confidential document to be provided to the person or persons referred to in subparagraph (ii) and any limitation on subsequent reproduction of that document by that person or those persons, and the disposal of the confidential document following the final disposition of the proceeding. List of documents and witness statements The applicant shall, at least 60 days before the commencement of the hearing, serve on every other party and on all intervenors a list of documents on which the applicant intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and witness statements setting out the lay witnesses’ evidence in chief in full. Content of witness statements Unless the parties otherwise agree, the witness statements shall include only fact evidence that could be given orally by the witness together with admissible documents as attachments or references to those documents. Each respondent shall, at least 30 days before the commencement of the hearing, serve in response on every other party and on all intervenors a list of documents on which the respondent intends to rely at the hearing, noting any waivers of privilege claimed in regard to those documents; and The applicant may, at least 15 days before the commencement of the hearing, serve in reply on every other party and on all intervenors any additional reply documents on which the applicant intends to rely at the hearing as a result of the respondent’s disclosure, and any waiver of privilege; and any new reply witness statements or additions to existing witness statements to deal with any issues raised in the reply. Sanctions If a document has not been disclosed in the affidavit of documents and in the pre-hearing disclosure, or if privilege has not been waived for such a document, it shall not be received in evidence at the hearing unless the Tribunal orders otherwise. Records to be admitted in evidence The Commissioner shall provide a list of the documents to be admitted in evidence without further proof in accordance with section 69 of the Act at least 45 days before the commencement of the hearing. Information under par. 11(1)(a) of the Act The Commissioner may move for authorization from the Tribunal to read into evidence information obtained under paragraph 11(1)(a) of the Act. Evidence in chief The evidence in chief of each lay witness shall be tendered by way of the statement referred to in rules 68 to 70 and consist of their full statement of evidence and relevant documents or references to those documents. Witness statements Witness statements of lay witnesses shall be provided to the registry with proof of service at least 10 days before the commencement of the hearing. Tribunal may read The Tribunal may read the material provided, unless a party makes a valid objection. Witness must attend A witness statement may be received in evidence at the hearing only if the witness is in attendance and available for cross-examination or questioning by the Tribunal. The lay witness may be examined in chief for the purpose of summarizing or highlighting the evidence contained in the statement. Witness panels The Tribunal may require that some or all of the witnesses testify as a panel at any time that the Tribunal may determine. Manner of testimony The Tribunal shall direct the manner in which the panel shall testify. Cross-examination and re-examination Counsel may cross-examine or re-examine witnesses. Expert report At least 60 days before the commencement of the hearing, an applicant who intends to introduce evidence of an expert witness at the hearing shall serve the report of the expert witness on each other party and any intervenors. Responding report At least 30 days before the commencement of the hearing, a respondent may serve a responding expert report on each other party and any intervenors. Reply report The applicant may, at least 15 days before the commencement of the hearing, serve an expert reply report on each other party and any intervenors. Content of report A report referred to in any of subrules (1) to (3) shall include a full statement of the evidence of the expert witness, the expert’s qualifications as an expert and a list of the sources and documents relied upon in the report. Expert report provided to the registry Unless otherwise ordered during case management, a report referred to in rule 77 shall be provided to the registry with proof of service at least 10 days before the commencement of the hearing. The Tribunal may read the report provided, unless a party makes a valid objection. Record The report shall not form part of the record until it is received in evidence at the hearing. Examination of expert witness A report referred to in rule 77 shall not be read aloud at the hearing but the expert witness may be examined in chief for the purpose of summarizing or highlighting the evidence contained in the report and may be cross-examined and re-examined. Tribunal-appointed expert The Tribunal may, at any time, by order appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in a proceeding. Agreed upon expert The parties may jointly recommend an expert to the Tribunal. Submissions The parties may make submissions about the terms of the order. Content of order The order shall contain the following information: the name of the expert being appointed and the expert’s qualifications; the instructions given to the expert with respect to the preparation of the report; the questions to be posed to the expert; the date on which the report of the expert is to be provided to the Tribunal; the nature and extent of the expert’s participation in the proceeding; and the remuneration to be paid to the expert. Service of report The Registrar shall serve a copy of the report on every party and any intervenor. Case record The report shall be made part of the case record. Any party may file a written response to the expert’s report and may examine the expert. The order and nature of such examinations shall be determined by the Tribunal. Further or supplementary report Tribunal may order the expert to make a further or supplementary report, and subrules (4) to (7) apply to that report. Liability for payment The liability for payment of the remuneration of the expert shall be determined by the Tribunal at any time after the conclusion of the hearing following receipt of submissions on that issue. Informal procedure Except in the case of a motion for summary disposition, if these Rules provide that relief shall be sought by way of motion, a party may begin by informally requesting relief by sending a letter to the registry and serving the letter on the other parties and on any intervenor, who shall respond promptly. Tribunal direction The Tribunal may issue a direction resolving a matter for which relief is requested under subrule (1) or direct the party to proceed by way of motion. Application Rules 83 to 88 apply to all motions except for a motion for leave to intervene referred to in rule 42 or a motion for summary disposition referred to in rule 89. Notice of motion A motion shall be commenced by notice of motion, setting out the grounds for the motion and the order sought. A notice of motion shall be accompanied by any supporting affidavits and other admissible evidence. The moving party shall serve the notice of motion on each other party and any intervenors and file the notice of motion with proof of service. A moving party may request in writing that the Tribunal dispose of the motion without a hearing. Disposition with a hearing If a hearing is to be held, the notice of motion shall indicate that the motion is returnable at a date and time and in a manner directed by the Tribunal. Service of response A party or intervenor served with a notice of motion may, no later than seven days after being served, serve on the moving party and on each other party and intervenor a response stating the grounds on which the motion is opposed and any supporting affidavits. Filing The response and supporting affidavits, if any, shall be filed with proof of service within the period set out in subrule (1). Decision without a hearing The responding party may request in writing that the Tribunal dispose of the motion without a hearing. Evidence and memorandum The moving party and the responding party shall, no later than 10 days after the service of the response, serve on each other party and on any intervenors and file with proof of service any supplementary evidence to be relied on by the party, including transcripts; and a memorandum of fact and law. Testimony by affidavit Subject to subrule (2), testimony on a motion shall be by affidavit. Oral testimony The judicial member designated to preside at the hearing of a motion may, before or during the hearing, grant leave for oral testimony in relation to an issue raised in the notice of motion. A motion for summary disposition under subsection 9(4) of the Competition Tribunal Act shall be commenced by a notice of motion, which shall set out the grounds for the motion and the order sought. Timing A party to an application may bring a motion for summary disposition under subsection 9(4) of the Competition Tribunal Act after the respondent has filed a response to the application and at a time that enables the moving party to meet the deadline for the hearing of motions prescribed during a case management conference. The notice of motion shall be accompanied by a memorandum of fact and law; and any supporting affidavits and other admissible evidence. The moving party shall serve the notice of motion and the accompanying documents referred to in subrule (3) on each other party and any intervenors and shall file those documents with proof of service. A party served with a motion for summary disposition may, no later than 10 days after being served, serve a response on the moving party and on each other party and any intervenors. The response shall be accompanied by The response and accompanying documents referred to in subrule (2) shall be filed with proof of service within the period set out in subrule (1). Genuine basis for application A response to a motion for summary disposition shall not rest merely on allegations or denials of the pleadings of the moving party, but must set out specific facts showing that there is a genuine basis for the application or the response to the application. Testimony Unless otherwise ordered, there shall be no oral testimony on a motion for summary disposition. The Tribunal may dismiss or allow the application in whole or in part in accordance with subsection 9(5) of the Competition Tribunal Act. Motion — refused or granted in part If a motion for summary disposition is refused or is granted only in part, the Tribunal may make an order specifying any issues that are not in dispute and defining the issues to be determined. Motion refused If a motion for summary disposition is refused, the moving party may not make a further motion under rule 89 without leave of the Tribunal. This Part applies to applications for temporary orders made under subsection 74.11(1) of the Act in deceptive marketing practices cases before the Commissioner completes an inquiry and extensions to those temporary orders under subsection 74.11(5) of the Act; interim orders made under subsection 100(1) of the Act in merger cases before the Commissioner completes an inquiry and extensions to those interim orders under subsection 100(7) of the Act; interim orders made under subsection 103.3(1) of the Act in reviewable practices cases before the Commissioner completes an inquiry and extensions to those interim orders under subsections 103.3(5) and (5.3) of the Act or variations to them under subsection 103.3(7) of the Act; and interim orders made under subsection 104(1) of the Act in merger and reviewable practices cases after an application has been made to the Tribunal.

Applications for interim or temporary orders and extensions to those orders shall be made by filing a notice of application, which shall set out the grounds for the application and the order sought. The notice of application shall be accompanied by any supporting affidavits that the applicant intends to rely on. Service and filing In respect of applications made under subsection 104(1) of the Act, rule 37 applies to the service and filing of the notice of application, with any modifications that the circumstances require. Official language A person against whom an interim order or a temporary order is sought shall inform the Registrar as soon as possible of the official language that that person intends to use at the hearing. Service of ex parte orders Any ex parte order of the Tribunal shall be served by the Commissioner on the person against whom the order was obtained. Time and manner of service The time and manner for effecting service shall be established by the Tribunal according to the circumstances. An application under subsection 103.3(7) of the Act to vary or set aside an interim order under subsection 103.3(1) of the Act shall be made by filing an application that satisfies the requirements of rule 96. The applicant shall, within 48 hours after a notice of application is filed, serve the application referred to in subrule (1) on the Commissioner. The applicant shall, within 48 hours after the service of the application, file proof of service. An application under subsection 86(1) of the Act for the registration of an agreement as a specialization agreement shall be made by filing a notice of application to which is appended a copy of the agreement. A notice of application shall be signed by the applicant or on behalf of the applicant and shall set out, in numbered paragraphs, the name and address of each party to the agreement; whether the agreement has been entered into or is about to be entered into; a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the agreement is a specialization agreement and that implementation of the agreement will achieve the results described in paragraph 86(1)(a) of the Act; a concise statement of the grounds on which the applicant relies in asking the Tribunal to find that the circumstances described in paragraph 86(1)(b) of the Act exist; the period for which registration of the agreement is requested; and The applicant shall, within five days after a notice of application is filed, serve the notice on the Commissioner. The applicant shall, within five days after service of the notice of application, file proof of service. Notice of appearance The Commissioner may, within 14 days after being served with a notice of application in accordance with subrule 100(3), serve a notice of appearance on the applicant and shall file it with proof of service. The Commissioner shall, within 30 days after serving a notice of appearance, serve on the applicant a concise statement of the grounds on which the application is opposed or supported and the material facts relevant to those grounds on which the Commissioner relies; and file the statement with proof of service. Motion for registration If the Commissioner has not filed a notice of appearance or a statement within the applicable period set out in subrule 101(1) or (2), the applicant may move for an order directing that the agreement be registered. On a motion under subrule (1), the Tribunal shall, if it is satisfied that the notice of application was served in accordance with these Rules and it has heard any evidence that it may require, make any order that it deems appropriate. An applicant may, within 14 days after being served with a statement, serve on the Commissioner a reply dealing with the matters raised in the statement. The applicant shall file the reply with proof of service. Deemed denied If the applicant does not file a reply, the applicant is deemed to have denied each ground and each material fact relevant to each ground set out in the statement. Modification and removal The provisions of this Part relating to an application for the registration of an agreement apply, with any modifications that the circumstances require, to every application under subsection 87(1) of the Act with respect to the registration of a modification to a specialization agreement; or under subsection 87(2) of the Act with respect to the removal of a specialization agreement or of a modification to a specialization agreement from the register. This Part applies in respect of all consent agreements filed under sections 74.12 and 105 of the Act. Registration of consent agreements A consent agreement under section 74.12 or 105 of the Act shall be made by filing the agreement. The consent agreement shall be signed by the parties to the agreement and shall set out the sections of the Act under which the agreement is made; the name and address of each person in respect of whom the agreement is sought; and the terms of the agreement. Translation A translation of the consent agreement in the other official language shall be filed within 10 days after the filing of the agreement. This Part applies to every reference made to the Tribunal under section 124.2 of the Act. Notice of reference A reference shall be made by filing a notice of the reference under subsection 124.2(2) of the Act or a joint notice under subsection 124.2(1) of the Act that sets out the name of the applicant; and the question being referred. Reference record A notice of reference shall be accompanied by a reference record, which may include any affidavit setting out the facts on which the reference is based or an agreed statement of facts, and shall include a memorandum of fact and law. In the case of a reference made by the Commissioner and arising in proceedings before the Tribunal, the Commissioner shall serve the notice of reference and the reference record on all other parties to the proceeding and on any intervenors. Service by other parties Any other party to the proceedings in which the reference arises may serve and file a responding reference record within 14 days after being served with the notice of reference. Amicus curiae Without restricting the general powers of the Tribunal to appoint an amicus curiae in appropriate circumstances, the Tribunal may appoint an amicus curiae when the Commissioner files a notice of reference under subsection 124.2(2) of the Act. Fees and disbursements The fees and disbursements related to the amicus curiae shall be fixed by the Tribunal and be paid by the party designated by the Tribunal after hearing submissions. Leave to refer in a private access case An application for leave to refer a question to the Tribunal under subsection 124.2(3) of the Act shall be made by filing a notice of the application for leave. The notice of application for leave shall include the following information and documents: the name of the applicant; the notice of reference; an affidavit setting out the facts to be relied on, if any; and Notice to the Commissioner The parties shall, within five days after a notice of application for leave to refer a question is filed, serve the notice of the application for leave on the Commissioner. Power of Tribunal The Tribunal may grant an application for leave to refer a question, with or without conditions, or refuse the application. Leave granted If leave is granted, a notice of reference shall be filed, accompanied by the reference record, in accordance with rule 108. This Part applies to applications for leave under subsection 103.1(1) of the Act and to consent agreements filed by persons other than the Commissioner. Application for leave An application under subsection 103.1(1) of the Act for leave to make an application under section 75 or 77 of the Act shall be made by filing an application for leave including an affidavit setting out the facts in support of the proposed application, a proposed notice of application and a memorandum of fact and law. Information The proposed notice of application under section 75 or 77 of the Act shall set out the information referred to in subrule 36(2). The applicant shall, within five days after the application for leave is filed, serve a copy of the application for leave on each person against whom an order is sought and on the Commissioner. The applicant shall, within five days after the service of the copy of the application for leave, file proof of service. Certification by the Commissioner The certification by the Commissioner under subsection 103.1(3) of the Act shall be made by filing a letter. Notice by the Tribunal The Tribunal shall, within five days after receiving the Commissioner’s certification, notify the applicant, the Commissioner and any person against whom an order is sought under section 75 or 77 of the Act as to whether the hearing of the application for leave is precluded by the operation of subsection 103.1(4) of the Act. Representations in writing A person served with an application for leave referred to in rule 115 who wishes to oppose the application shall, within 15 days after receiving the Tribunal’s notice under rule 118, serve a copy of their representations in writing on the applicant, on any other person against whom the order is sought and on the Commissioner; and file the representations with proof of service. Representations in writing shall contain a memorandum of fact and law and shall set out the official language the person opposing the application intends to use. Affidavit evidence Representations in writing shall not contain affidavit evidence, except with leave of the Tribunal. The person making an application for leave under section 103.1 of the Act may serve a reply on each person against whom an order is sought and on the Commissioner within seven days after being served with the representations in writing under rule 119 and shall file the reply with proof of service. Decision without oral hearing The Tribunal may render its decision on the basis of the written record without a formal oral hearing. The Tribunal may grant the application for leave to make an application, with or without conditions, or refuse the application. The Registrar shall serve the decision without delay on the applicant, on each person against whom an order is sought and on the Commissioner who may intervene under section 103.2 of the Act. If leave is granted in full, the notice of application that the applicant proposed to file is, for the purposes of the proceedings, deemed to have been filed and served on the date on which the order granting leave was made. Leave granted in part If leave is granted in part, an amended notice, in accordance with the order granting leave, shall be filed and served within five days after the order is made. Registration The filing of a consent agreement by parties to a private action under section 106.1 of the Act shall be made in accordance with rule 106. Publication After the filing of a consent agreement by parties to a private action under section 106.1 of the Act, the Registrar shall publish without delay a notice in the Canada Gazette. The notice shall state that a consent agreement has been filed for registration; the name of each party to the agreement; the text of the agreement; that access to the agreement and any documents filed in the matter may be obtained at the office of the Registrar; and the date on or before which an application made under subsection 106.1(4) of the Act for the cancellation or replacement of the agreement must be filed. A copy of a notice of application made by a third party to cancel or replace a consent agreement between parties to a private action shall be served on the Commissioner within five days after the notice of application is filed. Before filing an application with the Tribunal for a loan order under subsection 30.19(2) of the Act, the Commissioner or the representative of the Commissioner shall give notice in writing to the Chairperson and to the parties to the proceedings. The Commissioner or the representative of the Commissioner shall file the notice referred to in rule 128 at least 10 days before filing the application for a loan order. The Commissioner or the representative of the Commissioner shall, within five days after the notice is filed, serve it on the parties to the proceedings. An application for a loan order by the Commissioner or the representative of the Commissioner shall be made by filing a notice of application. A notice of application shall be in accordance with the requirements set out in subsection 30.19(3) of the Act and shall set out, in numbered paragraphs, the names of the parties to the proceedings; a concise statement of the grounds on which the application for a loan order is made and of the material facts on which the Commissioner relies; the terms of the loan order sought; and the official language that the Commissioner intends to use in the proceedings. The Commissioner shall, within five days after a notice of application for a loan order is filed, serve the notice on the parties to the proceedings. The Commissioner shall, within five days after the service of the notice of application, file proof of service. A person served with a notice of application for a loan order under subsection 30.19(2) of the Act and who wishes to oppose the application shall, within 15 days after receiving the notice of application, serve a response on the Commissioner and the other parties to the proceedings; and A response shall set out, in numbered paragraphs, a concise statement of the grounds on which the application for a loan order is opposed and of the material facts on which the person opposing the application relies; an admission or denial of each ground and of each material fact relevant to each ground set out in the application for a loan order; and the official language that the person opposing the application for a loan order intends to use in the proceedings. The Tribunal may grant the application for a loan order, with or without conditions, or refuse the application. Definition of judicial member For the purposes of this Part, judicial member means the Chairperson or a judicial member designated by the Chairperson. Powers of a judicial member Case management duties do not preclude a judicial member from presiding at the hearing of an application or reference. Case management conferences Subject to subrules (2) and (3), the judicial member shall conduct one or more case management conferences as soon as is practicable after the end of the period for filing a reply, or after the filing of a notice of reference, or sooner if indicated by the circumstances. Specialization agreements In the case of an application for the registration of a specialization agreement, the judicial member shall conduct a case management conference as soon as is practicable after the Commissioner has filed proof of service of a notice of appearance in accordance with subrule 101(1). Loan order In the case of an application for a loan order, if the judicial member deems that a hearing is necessary, the judicial member shall consult the parties with respect to any case management procedures within seven days after proof of service of the response to the application for a loan order has been filed. Directions re scheduling The judicial member shall issue directions with respect to the scheduling of case management conferences. Direction regarding list of matters to be considered The judicial member may include in the directions referred to in rule 136 a list of the matters to be considered at the case management conference and may require the filing of memoranda regarding any of those matters. Matters to be considered Those matters may include the start date, duration and location of the hearing, as well as the medium for the hearing; any pending or anticipated motions, and a deadline date for the hearing of motions; any issues of confidentiality; the clarification, simplification and elimination of issues; the possibility of obtaining admissions of particular facts or documents, including an agreed statement of facts; a deadline for the completion of discovery, related motions and answering undertakings; the official language to be used for the pleadings and the hearing, as well as the official language in which each witness shall testify; in the case of a reference, the determination of whether there shall be oral evidence; a timetable for the exchange or serving and filing of the various documents related to the hearing, including affidavits of documents, joint briefs of authorities and agreed books of documents; any matter relating to pre-hearing disclosure; a timetable to be followed by the intervenors; all matters related to expert witnesses, including the possibility of experts meeting before a hearing to answer questions posed by the Tribunal; any amendments to the pleadings; the advisability of a pre-hearing reference or determination of a question of law; any requirement for a notice of a constitutional question; a timetable for the subsequent case management conferences; and any other matters that may aid in the disposition of the application. Order After a case management conference, the Tribunal shall issue an order stating any rulings by the Tribunal relating to the matters considered at the case management conference. Firm requirements The dates set and other requirements established by case management orders are firm. A request for a variation must be made by motion showing that compelling reasons exist for a change in the order. Tribunal may amend If the Tribunal is satisfied that compelling reasons exist for a change in the order, it may amend it. Proceeding already commenced These Rules apply only to proceedings commenced after these Rules come into effect. [Repeal] Competition Tribunal (title of proceedings) I, (full name), resident at (address), swear [affirm] that: individual On (date), at (time), I served (name of individual served) with (name of document) by leaving a certified copy with that person at (address where service was made). partnership On (date), at (time), I served (name of partnership served) with the (name of document) by leaving a certified copy with (name of partner) at (address where service was made). corporation On (date), at (time), I served (name of corporation served) with the (name of document) by leaving a certified copy with (name and position of the officer or person apparently in charge of the head office or a branch of the corporation) at (address where service was made). Commissioner On (date), at (time), I served the Commissioner with the (name of document) by leaving a certified copy with (name of the person with whom the copy was left) at (address where service was made). a person represented by counsel who is willing to accept service On (date), at (time), I served (name of person represented) with the (name of document) by leaving a certified copy with (name of legal counsel), counsel for (name of person represented), at (address where service was made). (Name of counsel) informed me that [he/she] was willing to accept service on behalf of (name of person represented by counsel). SWORN etc. by leaving a copy On (date), at (time), I served (name of person served) with the (name of document) by leaving a copy of the document at (address of person or of counsel’s office where service was made). by sending a copy by facsimile transmission On (date), at (time), I served (name of person served) with the (name of document) by sending a copy of the document, including a cover page, by facsimile transmission to (name of person or counsel) at (fax number). by sending a copy by registered mail and obtaining an acknowledgement of receipt On (date), at (time), I sent the (identify document) by registered mail to (name of person or counsel) at (address of person or of counsel’s office). I attach an acknowledgement of receipt indicating that the document was received on (date). I, (name of counsel or designate), counsel (or designate of legal counsel), certify that on (date of service), I caused (name of party served) to be duly served with (name of document), by (method of service), on behalf of (party on behalf of whom the document is served).