DRAFT - Filing of Publications under Licence Agreements on the Tribunal’s Record

FILING OF PUBLICATIONS UNDER LICENCE AGREEMENTS ON THE TRIBUNAL’S RECORD

The Canadian International Trade Tribunal (the Tribunal) has in recent years adopted various approaches to the filing by parties of certain licensed publications, such as CRU, MEPS or others, namely in the context of proceedings under the Special Import Measures Act. The purpose of this practice notice is to standardize the Tribunal’s approach in this respect.

Effective [date to be confirmed], the Tribunal directs as follows:

  1. When citing any publications that are subject to license agreements, it is the parties’ responsibility to obtain permission from the rights holder in order to file relevant excerpts on the Tribunal’s record, including authorization for the provision of copies to other parties to the matter before the Tribunal.  
  2. In all cases, the Tribunal will only allow the filing of excerpts of such publications upon receipt of confirmation that the party seeking to file has obtained the authorization referred to above.
  3. The Tribunal will take the same approach when referencing such publications on its own initiative (such as in investigation reports).
  4. This practice notice does not apply to publications filed before the effective date.

Dated at Ottawa, Ontario
June 2015