Competition Tribunal Rules (SOR/2008-141)

Marginal note:Reply

120 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.

Marginal note:Decision without oral hearing

121 The Tribunal may render its decision on the basis of the written record without a formal oral hearing.

Marginal note:Power of Tribunal

122 The Tribunal may grant the application for leave to make an application, with or without conditions, or refuse the application.

Marginal note:Service

123 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.

Marginal note:Leave granted

• 124 (1) 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.

• Marginal note:Leave granted in part

  (2) 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.

Marginal note:Registration

125 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.

Marginal note:Publication

• 126 (1) 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.

• Marginal note:Content

  (2) The notice shall state

  • (a) that a consent agreement has been filed for registration;

  • (b) the name of each party to the agreement;

  • (c) the text of the agreement;

  • (d) that access to the agreement and any documents filed in the matter may be obtained at the office of the Registrar; and

  • (e) 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.

Marginal note:Service

127 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.

PART 9Application for a Loan Order

Marginal note:Notice

128 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.

Marginal note:Filing

• 129 (1) 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.

• Marginal note:Service

  (2) 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.

Marginal note:Notice of application

• 130 (1) An application for a loan order by the Commissioner or the representative of the Commissioner shall be made by filing a notice of application.

• Marginal note:Content

  (2) 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,

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

  • (b) the names of the parties to the proceedings;

  • (c) 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;

  • (d) the terms of the loan order sought; and

  • (e) the official language that the Commissioner intends to use in the proceedings.

Marginal note:Service

• 131 (1) 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.

• Marginal note:Proof of service

  (2) The Commissioner shall, within five days after the service of the notice of application, file proof of service.

Marginal note:Response

• 132 (1) 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,

  • (a) serve a response on the Commissioner and the other parties to the proceedings; and

  • (b) file the response with proof of service.

• Marginal note:Form and content

  (2) A response shall set out, in numbered paragraphs,

  • (a) 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;

  • (b) 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

  • (c) the official language that the person opposing the application for a loan order intends to use in the proceedings.

Marginal note:Decision

• 133 (1) The Tribunal may render its decision on the basis of the written record without a formal oral hearing.

• Marginal note:Power of the Tribunal

  (2) The Tribunal may grant the application for a loan order, with or without conditions, or refuse the application.

PART 10Case Management

Definition of judicial member

• 134 (1) For the purposes of this Part, judicial member means the Chairperson or a judicial member designated by the Chairperson.

• Marginal note:Powers of a judicial member

  (2) Case management duties do not preclude a judicial member from presiding at the hearing of an application or reference.

Marginal note:Case management conferences

• 135 (1) 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.

• Marginal note:Specialization agreements

  (2) 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).

• Marginal note:Loan order

  (3) 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.

Marginal note:Directions re scheduling

136 The judicial member shall issue directions with respect to the scheduling of case management conferences.

Marginal note:Direction regarding list of matters to be considered

• 137 (1) 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.

• Marginal note:Matters to be considered

  (2) Those matters may include

  • (a) the start date, duration and location of the hearing, as well as the medium for the hearing;

  • (b) any pending or anticipated motions, and a deadline date for the hearing of motions;

  • (c) any issues of confidentiality;

  • (d) the clarification, simplification and elimination of issues;

  • (e) the possibility of obtaining admissions of particular facts or documents, including an agreed statement of facts;

  • (f) a deadline for the completion of discovery, related motions and answering undertakings;

  • (g) the official language to be used for the pleadings and the hearing, as well as the official language in which each witness shall testify;

  • (h) in the case of a reference, the determination of whether there shall be oral evidence;

  • (i) 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;

  • (j) any matter relating to pre-hearing disclosure;

  • (k) a timetable to be followed by the intervenors;

  • (l) all matters related to expert witnesses, including the possibility of experts meeting before a hearing to answer questions posed by the Tribunal;

  • (m) any amendments to the pleadings;

  • (n) the advisability of a pre-hearing reference or determination of a question of law;

  • (o) any requirement for a notice of a constitutional question;

  • (p) a timetable for the subsequent case management conferences; and

  • (q) any other matters that may aid in the disposition of the application.

Marginal note:Order

138 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.

Marginal note:Firm requirements

• 139 (1) The dates set and other requirements established by case management orders are firm.

• Marginal note:Variation

  (2) A request for a variation must be made by motion showing that compelling reasons exist for a change in the order.

• Marginal note:Tribunal may amend

  (3) If the Tribunal is satisfied that compelling reasons exist for a change in the order, it may amend it.

PART 11Transitional Provision and Repeal

Transitional Provision

Marginal note:Proceeding already commenced

140 These Rules apply only to proceedings commenced after these Rules come into effect.

Repeal

141 [Repeal]