This Practice Notice provides guidance for the citation of authorities in proceedings before the Canadian International Trade Tribunal (Tribunal).
Parties appearing before the Tribunal have the opportunity to rely on authorities in support of their positions, provided they properly cite and index them in their submissions. For example, subrule 34(2) of the Canadian International Trade Tribunal Rules, in part, specifically requires parties in Appeals to include a table of authorities on which they intend to rely and to file and serve copies of those authorities.
The Tribunal urges parties to cite only those authorities that are reasonably necessary in the presentation of their case.
Effective immediately and applicable to all proceedings, parties are no longer required to file or serve copies of authorities that are included in the Tribunal’s List of Designated Online Authorities (defined below). Instead, they must include a table of authorities in their written submissions that includes (a) a neutral citation, (b) a publicly accessible link to the online location of any authority, and (c) a “pincite” to the paragraph, page number, section, article, etc. to the portion of the authority relied upon. Parties are responsible for updating links when they discover that they are inaccurate or outdated.
The Tribunal’s List of Designated Online Authorities is as follows:
All current, freely, and publicly accessible online versions of Canadian federal, provincial, or territorial statutes, and regulations; foreign statutes and regulations; and international treaties or other agreements. Non-current, i.e., historical or repealed, versions of any of the foregoing must be provided in paper format.
All decisions, determinations, statements of reasons, orders, and other publications of the Tribunal publicly accessible online at the Tribunal’s website (www.citt-tcce.gc.ca) or elsewhere.
All foreign judicial and other legal authorities publicly accessible online (e.g. www.wto.org).
The List of Designated Online Authorities does not include any authorities exclusively accessible through a private, paid subscription service, such as Quicklaw, Westlaw, or any other website not freely accessible by the public.