Guidelines on the Conduct of Expiry Review Investigations under the Special Import Measures Act

July 2001

Introduction

The purpose of these guidelines is to outline the Canada Customs and Revenue Agency's (CCRA) policies and procedures with respect to the conduct of expiry review investigations under the Special Import Measures Act (SIMA). The guidelines do not supplant the provisions of SIMA.

Legislative Changes

As a result of changes to SIMA, the CCRA has assumed responsibility for conducting a portion of the expiry review of orders and findings made by the Canadian International Trade Tribunal (the Tribunal). The new provisions apply to expiry reviews where the Tribunal issues its notice of review on or after April 15, 2000.

Expiry Reviews

There are three major phases in an expiry review. The first phase is the expiry proceeding conducted by the Tribunal to decide whether to conduct an expiry review. If the Tribunal decides to conduct a review, the second phase is the investigation by the Commissioner of the Canada Customs and Revenue Agency (CCRA) (the Commissioner) to determine whether there is a likelihood of continued or resumed dumping or subsidizing of the goods if the order or finding expires. Finally, if the Commissioner determines that such a likelihood exists, the third phase is the Tribunal's inquiry into the likelihood of injury or retardation to Canadian industry. These guidelines discuss the investigation stage conducted by the Commissioner.

Information concerning the role and procedures of the Tribunal in the expiry review process can be found in the Tribunal's Expiry Review Guideline, available from the CITT Internet Website (address provided at the end of this document).

Process

If the Tribunal decides to conduct an expiry review, it will issue a notice of expiry review and notify the Commissioner of its decision as well as provide the Commissioner with a copy of the administrative record on which it based its decision to initiate an expiry review. The Commissioner will then commence the investigation to determine whether the expiry of the order or finding in respect of goods of a country or countries is likely to result in the continuation or resumption of the dumping or subsidizing of the goods.

The Commissioner has 120 days from the Tribunal's notice of expiry review to complete the expiry review investigation. In addition to information provided by the Tribunal, the Commissioner will make the determination regarding the likelihood of continued or resumed dumping or subsidizing on the basis of the information available, including as appropriate:

• responses to questionnaires sent to domestic producers, exporters and importers and, in subsidy cases, foreign governments;
• CCRA import statistics and compliance data;
• findings from CCRA administrative reviews (e.g. normal values, export prices and amounts of subsidy);
• case arguments and reply submissions submitted to the Commissioner by parties and interested persons;
• other relevant information.

The table in Appendix I provides an indicative schedule for the key events in the expiry review investigation. This schedule is subject to modification depending on the circumstances of a particular expiry review investigation. The scheduling of events in a specific investigation will be made known at the time the Commissioner initiates the investigation.

In making the determination, the Commissioner may take into consideration the specific factors provided for in the Special Import Measures Regulations, including any other factors which are relevant in the circumstances. The SIM Regulation is reproduced in Appendix II.

At the conclusion of the investigation, the Commissioner will make the determination and issue reasons for the decision and provide notice of the determination to the Tribunal. If the Commissioner determines that there is a likelihood of continued or resumed dumping or subsidizing in respect of any of the goods, the Commissioner will provide the Tribunal with the information and material required under the Canadian International Trade Tribunal Rules, which are available from the CITT Internet Website (address provided at the end of this document).

The Commissioner will normally make the determination regarding the likelihood of resumed or continued dumping or subsidizing on the basis of each country named in the finding or order under review. However, where the situation warrants, the Commissioner may make a determination in respect of certain goods or exporters. Where the finding or order involves both the dumping and subsidizing of goods, the Commissioner will make separate determinations for dumping and subsidizing in respect of each country.

Procedural Issues

Notification

The Tribunal will provide notice of the initiation of the expiry review to all of the persons known to be interested parties and to the government of the country of export. This notification will provide details concerning the Commissioner's expiry review investigation including the schedule for each step of the proceeding. Details concerning the expiry review investigation and the schedule for submissions and case arguments will also be available on the Anti-dumping and Countervailing Directorate Internet Website (address provided at the end of this document).

At the conclusion of the CCRA expiry review investigation, the CCRA will provide notification of the determination and a copy of the reasons will be provided to all persons or governments who received notice of the commencement of the expiry review as well as to any others who participated in the Commissioner's proceeding. This material will also be posted on the Anti-dumping and Countervailing Directorate Internet Website (address provided at the end of this document). The reasons will be issued within 15 days of the notice of the determination.

Questionnaires and Submission of Other Information

At the initiation of an expiry review, the Tribunal will, on behalf of the Commissioner, send questionnaires to domestic producers of like goods and to exporters and importers of the goods. In an expiry review investigation pertaining to subsidized goods, the government of the country of export will also be sent a questionnaire. Responses to the exporter and importer questionnaires and the foreign government questionnaire will be sent directly to the CCRA.

The questionnaire sent to domestic producers will consist of two parts. Part A is information required for the Commissioner's determination. Domestic producers will send their responses to Part A of the questionnaire directly to the CCRA. Part B is to be completed and submitted to the Tribunal if the Commissioner finds that there is a likelihood of continued or resumed dumping or subsidizing.

Domestic producers, importers, exporters and foreign governments will have up to 37 days to respond to the questionnaires. Extensions to the time permitted for the filing of questionnaire responses will be considered on a case-by-case basis and will be granted only when the facts and circumstances of the investigation warrant and it is practicable to do so.

Confidential and non-confidential versions of the response to the questionnaires will be available to other participants or their counsel in the expiry review investigation. Since the CCRA will normally not make any supplementary requests for information it is important that participants submit a complete and detailed response to the questionnaires.

Responses to questionnaires may be subject to on-site verification meetings conducted by CCRA officials. The decision to verify responses will be taken on a case-by-case basis.

In addition to providing responses to the questionnaires, participants are also requested to provide the CCRA with any other relevant information which they wish to have taken into consideration by the Commissioner. Participants must submit all of the information which they believe supports their position in the expiry review investigation by day thirty-seven, at the same time as their submission of the questionnaire responses.

Participants submitting questionnaire responses and other information will be required to comply with the provisions of SIMA respecting the submission of confidential information to the Commissioner.

Filing of Rebuttals and Additional Information

Participants and their counsel will be able to examine the questionnaire responses and any other information which has been submitted to the Commissioner, subject to the conditions concerning the disclosure of confidential information. This will permit the filing, if necessary, of rebuttal or additional information that was not specifically requested of them in the questionnaires. This material must be submitted to the Commissioner before the closing of the record.

Development of the Questionnaires

The content of the questionnaires for the domestic producer, exporter, importer and foreign government will follow a general pattern but is subject to modifications on a case-by-case basis. The development of the questionnaires will be undertaken jointly by the CCRA and the Tribunal since the questionnaires will be used by both the CCRA and the Tribunal to gather information necessary for each of their respective proceedings.

To provide an opportunity to comment on the development of the questionnaires, interested persons may contact the CCRA at least four weeks prior to the possible initiation of an expiry review to suggest modifications or additions to the questionnaires on the question of the likelihood of continued or resumed dumping or subsidizing which may be incorporated into the questionnaires should an expiry review be initiated.

Copies of the generic producer, exporter and importer questionnaires for use in expiry reviews are available from the Anti-dumping and Countervailing Directorate Internet Website.

CCRA Information

The CCRA will provide participants to the expiry review investigation with the opportunity to examine and request copies of CCRA information which may be used by the Commissioner in the expiry review determination. This will typically include compliance data, import statistics and any other relevant information compiled by CCRA staff. All of the CCRA exhibits which are available at the initiation of the investigation will be made available on or about day one. Any additional CCRA exhibits will be made available on or about day thirty. Finalized import statistics and market tables in respect of the subject goods will normally be available on or about day fifty-one once questionnaire responses have been received and the relevant statistics have been refined and compiled. The disclosure of any such information which is confidential or protected will be subject to the requirements necessary to protect the information.

Closing of the Record Date

In each expiry review investigation, the Commissioner will establish a "closing of the record date" after which no further information may be submitted by parties or interested persons. This is to permit participants to prepare their case arguments and reply submissions based on the information which is on the expiry review record as of the date of the closing of the record. Accordingly, it is important that participants submit all of the information which they believe supports their position in the expiry review investigation prior to the closing of the record in order that this information can be taken into consideration by the Commissioner when making the determination.

Submission of New Information After the Closing of the Record Date

Normally, the Commissioner will not consider any new information submitted by participants subsequent to the closing of the record date. However, in certain exceptional circumstances, it may be necessary to permit new information to be submitted. The Commissioner will consider the following factors in deciding whether to accept new information submitted after the closing of the record date:

(a) the availability of the information prior to the closing of the record date;
(b) the emergence of new or unforeseen issues;
(c) the relevancy and materiality of the information;
(d) the opportunity for other participants to respond to the new information; and,
(e) whether the new information can reasonably be taken into consideration by the Commissioner in making the determination.

Participants wishing to file new information after the closing of the record date, either separately or in case arguments or reply submissions, must identify this information so that the Commissioner can decide whether it will be included in the record for purposes of the determination.

Case Arguments and Reply Submissions

Participants in the expiry review investigation will be invited to submit arguments in writing to the Commissioner regarding the likelihood of continued or resumed dumping or subsidizing if the finding or order is permitted to expire. All participants will present their case arguments on or before day sixty either in support of or opposition to the likelihood of resumed or continued dumping or subsidizing if the finding or order is permitted to expire. By day seventy-five, all participants may make reply submissions in response to the case arguments.

The case arguments and reply submissions must be based on the information which was before the Commissioner on the date for closing the record. Except in the circumstances described above, no new information is to be submitted in these submissions as it will be disregarded for purposes of the determination.

Instructions concerning the preparation of case arguments and reply submissions can be found in the attached Appendix IV.

Submissions from Interested Persons

Certain persons having an interest in the expiry review investigation who are not parties to the proceeding may submit arguments in writing to the Commissioner regarding the possible determination. However, such persons are not regarded as parties to the proceeding and, therefore, their counsel will not be entitled to obtain disclosure of any confidential information submitted to the Commissioner for use in the investigation. Information submitted to the Commissioner by interested persons will be placed on the administrative record and will be available to parties or their counsel in the proceeding. Persons submitting information will be required to comply with the provisions of SIMA respecting the submission of confidential information to the Commissioner.

Oral Hearings, Conferences and Meetings

The Commissioner will not conduct oral hearings in the expiry review investigation.

Meetings or phone calls conducted on an individual basis with CCRA officials will be permitted before the closing of the record date. However, any information provided in these sessions must be submitted in writing before the closing of the record date and will be made available to other parties in the investigation in sufficient time to allow them to provide comments. Otherwise, it will not be taken into consideration by the Commissioner. A record of the meeting or phone call will be prepared by CCRA officials for the administrative record.

Information From Previous CCRA Proceedings

The Commissioner may utilize information from previous related CCRA proceedings in making the expiry review determination. This may include the results of the latest administrative review to determine normal values, export prices, amounts of subsidy or pricing levels in an undertaking. Any information which may be considered by the Commissioner in making the determination will be placed on the CCRA expiry review file and made available to parties in the proceeding, subject to the provisions regarding confidentiality.

Information from previous related CCRA proceedings which has not been placed on the CCRA expiry review file will normally not be available to parties in the expiry review proceeding nor will it be used by the Commissioner in making the determination. However, if justified, the Commissioner will consider requests by parties to place information from previous proceedings on the record.

Listing of Exhibits and Information

During the course of the expiry review investigation, the CCRA will maintain, on an on-going basis, a public listing of all CCRA exhibits and the information which has been received from interested persons that will be taken into consideration by the Commissioner in making the determination. This listing will also identify any information which has been "struck" from the record due to the failure of participants to comply with the disclosure of information provisions of SIMA or resulting from its submission after the record has been closed.

The listing of the exhibits and information will be available on the Anti-dumping and Countervailing Directorate Internet Website (address provided at the end of this document).

Availability and Distribution of Information

Information including CCRA exhibits, questionnaire responses, case arguments and reply submissions will be made available for examination and distribution according to the indicative schedule outlined in Appendix III. Confidential or protected information will only be made available to counsel for parties to the expiry review investigation.

Non-submission of Information or Case Arguments

Participants may decline to provide the Commissioner with responses to the questionnaires or case arguments. However, it is in the interest of participants to provide as much information as possible to the Commissioner since, in the absence of information or arguments, the Commissioner will make the determination on the basis of information which may be available from other sources which is on the CCRA administrative record.

A complete and detailed response to questionnaires is important since the Tribunal will use the responses in its proceedings if the Commissioner makes a determination that there is a likelihood of continued dumping or subsidizing in respect of any of the goods. In this respect, it is noted that in order to obtain evidence the Tribunal can, where necessary, subpoena witnesses and require the production of documents.

Counsel

Parties who have retained counsel to represent them in the expiry review investigation must provide a letter of representation to the CCRA. When a letter of representation is received, the CCRA will, upon request, undertake to provide copies to the designated counsel of all outgoing correspondence to their client. If a party wishes the CCRA to discuss or release confidential information concerning the party to their counsel, the letter should specifically authorize the CCRA to do so.

It is desirable that letters of representation be submitted by day twenty-eight of the investigation or earlier so that the CCRA can identify the parties and counsel who will be participating in the investigation and advise the other parties of this information.

Parties are not required to be represented by counsel in the Commissioner's expiry review investigation. However, only counsel for parties will be able to obtain disclosure of confidential or protected information which is before the Commissioner. The CCRA will ensure that public versions of this information are available to those parties not represented by counsel.

For SIMA purposes, "counsel" includes any person, other than a director, servant or employee of a party, who acts in the proceedings on behalf of the party.

Transfer of Information to the Tribunal

At the conclusion of an expiry review investigation, the Commissioner is required to provide the Tribunal with a notice of the determination. When the Commissioner has made a determination that there is likelihood of continued or resumed dumping or subsidizing, the Commissioner is required under the rules of the Tribunal to provide the following information:

(a) the reasons for the determination;
(b) information relating to the enforcement of the Tribunal's order or finding and, in particular, to the extent available, the total volume and value of the imports and the volume and value of the dumped or subsidized imports and undumped or unsubsidized imports; and
(c) any other information that has been taken into consideration by the Commissioner.

Any information or material on the record relating solely to exporters of goods in a country or countries for which the Commissioner has not made an affirmative determination will not be provided to the Tribunal.

Resolution Of Procedural Issues:

Participants who have concerns with procedural issues during the course of the CCRA expiry review investigation should bring these, in writing, to the attention of the Director General, Anti-dumping and Countervailing Directorate, outlining the issue, their position and the desired remedy in respect of the matter. If necessary, other participants and their counsel will be consulted in order to resolve the issue in an expeditious and reasonable manner.

Submissions concerning procedural issues will be given consideration to the extent that the investigative schedule will permit.

Disclosure Of Information:

The manner in which information before the Commissioner in an expiry review will be disclosed to parties in the proceeding will depend on the nature and source of the information. There will be three main types of information taken into consideration by the Commissioner in an expiry review investigation:

i) Information Provided by Parties and Interested Persons

Information submitted by parties and interested persons in an expiry review will be subject to the provisions of sections 83 to 87 of SIMA. Information for which confidential treatment is requested must comply with the provisions of SIMA concerning the designation of confidential information and the requirements to provide a public version. The failure to comply with these provisions may result in the Commissioner not taking the information into account in the proceeding.

Details concerning the submission of confidential information and the disclosure of such information can be found in the Anti-dumping and Countervailing Directorate's publications, Statement of Administrative Practices for the Special Import Measures Act and Guidelines on the Disclosure of Confidential Information Provisions of the Special Import Measures Act, available from the Anti-dumping and Countervailing Directorate Internet Website (address provided at the end of this document).

ii) CCRA Information

Information prepared by the CCRA for use in the expiry review such as compliance data, import statistics, results of administrative reviews and market research which is not confidential or protected in nature will be disclosed, upon request, to any person subject to any conditions imposed by law.

Information which is confidential under paragraph 85(1)(a) of SIMA will be subject to disclosure under subsection 84(3) of SIMA in the manner described above in respect of information provided by parties or interested persons.

Information which is protected under section 107 of the Customs Act is subject to disclosure to counsel for any party in respect of proceedings under SIMA for use by that counsel in those proceedings or in proceedings arising out of those proceedings. Counsel will be required to provide a written undertaking not to disclose the information for any other purpose or to any other person, including the party being represented.

iii) Information Submitted to the Commissioner by the Tribunal

The Tribunal will be providing a copy to the Commissioner of the administrative record on which it based its decision to initiate an expiry review pursuant to paragraph 76.03(6)(b) of SIMA. This will include the public and confidential prehearing staff reports from the prior related inquiry or the most recent review, whichever is applicable.

At the request of the Commissioner or a party, additional information from prior related Tribunal proceedings may be submitted to the Commissioner by the Tribunal in an expiry review investigation which is not part of the administrative record forwarded to the Commissioner under paragraph 76.03(6)(b) of SIMA.

The Commissioner will not disclose information where the Tribunal indicates that subsection 46(1) of the Canadian International Trade Tribunal Act applies to the information. Parties will be required to obtain disclosure of this information from the Tribunal. The Tribunal will decide if disclosure will be made and will set the terms and conditions under which such information will be disclosed.

CCRA staff will place the Tribunal's Statement of Reasons from the prior related inquiry and the past expiry reviews on the CCRA expiry review file. This material will be subject to disclosure by the Commissioner as will any other public information submitted to the Commissioner by the Tribunal in the expiry review.

Limitation on Disclosure

The Commissioner or an official will not disclose confidential or protected information where they are of the opinion that the communication of the information may result in material harm to the business or affairs of the person to whom the information relates.

Judicial Review Of The Commissioner's Determination

In accordance with subsection 96.1(1) of SIMA, the Commissioner's determination under paragraph 76.03(7)(a) of SIMA is subject to judicial review by the Federal Court of Appeal. The determination is not subject to administrative review within the CCRA. There is no appeal to the Tribunal.

Further Information

Further information regarding expiry review investigations can be obtained from the case officer involved in the proceedings or by writing to the Director, Operational Policy, at the address below:

Canada Customs and Revenue Agency
Anti-dumping and Countervailing Directorate
19^th Floor
Sir Richard Scott Building
191 Laurier Avenue West
Ottawa, Ontario
K1A 0L5

Anti-dumping and Countervailing Directorate Internet Website:

www.cbsa-asfc.gc.ca/sima-lmsi/menu-eng.html

Canadian International Trade Tribunal Internet Website:

http://www.citt.gc.ca/

Appendix I

CCRA Investigation Schedule

Day 0

CITT Issues Notice of Expiry Review and Issues Questionnaires to Importers, Exporters, Domestic Producers and Foreign Governments

Day 1

Initiation of CCRA Expiry Review Investigation

Initial Compilation of CCRA Exhibits Available Including Compliance Data and Import Statistics

Day 28

Submission of Letters of Representation and Disclosure Undertakings (SIMA and Customs Act)

Day 30

Supplementary CCRA Exhibits Available

Day 37

Questionnaires Responses and Other Information is Due - Importers, Exporters, Domestic Producers and Foreign Governments

Day 37 to Day 50

Filing of Rebuttal or Additional Information in Response to Questionnaire Responses and Other Information Submitted to the Commissioner

Day 50

Closing of the Record Date

Day 51

Finalized Import Statistics and Market Table Available

Day 60

Case Arguments Due From All Parties Arguing that Continued or Resumed Dumping/Subsidizing is Likely or Not Likely

Day 75

Reply Submissions From All Parties In Respect of the Case Arguments

Day 120

Commissioner's Determination - Notification of Interested Persons and Tribunal

(If decision is affirmative, information and material required by the CITT Rules is transferred to the Tribunal)

Day 135

Statement of Reasons Issued

Appendix II

Expiry Review Factors
Special Import Measures Regulations

37.2 (1) In making a determination under paragraph 76.03(7)(a) of the Act, the Commissioner may consider

(a) whether there has been dumping of goods while a finding or order in respect of the goods is in effect and, if applicable,

(i) the period during which the dumping occurred,
(ii) the volume and prices of the dumped and non-dumped goods,
(iii) the margin of dumping, and
(iv) for non-dumped goods, the amount by which the export prices exceed the normal values of the goods;

(b) whether there has been subsidizing of goods while a finding or order in respect of the goods is in effect and, if applicable,

(i) the nature and duration of the foreign subsidy program in respect of the goods,
(ii) the period during which the subsidizing occurred,
(iii) the volume of the subsidized goods, and
(iv) the amount of subsidy;

(c) the performance of the exporters, foreign producers, brokers and traders including, where applicable, in respect of production, capacity utilization, costs, sales volumes, prices, inventories, market share, exports and profits;

(d) the likely future performance of the exporters, foreign producers, brokers and traders on the basis of factors, where applicable, such as production, capacity utilization, sales volumes, prices, inventories, market share, exports and profits;

(e) the potential for the foreign producers to produce the goods in facilities that are currently used to produce other goods;

(f) evidence of the imposition of anti-dumping or countervailing measures by the authorities of a country other than Canada in respect of goods of the same description or in respect of similar goods;

(g) whether measures taken by the authorities of a country other than Canada are likely to cause a diversion of dumped or subsidized goods into Canada;

(h) any changes in market conditions domestically or internationally, including changes in the supply of and demand for the goods, in sources of imports into Canada, and in prices, market share and inventories;

(i) the imposition of anti-dumping or countervailing measures by authorities of Canada in respect of similar goods while an order or finding in respect of the goods was in effect; and

(j) any other factors that are relevant in the circumstances.

Appendix III

Availability and Distribution of CCRA Exhibits, Questionnaire Responses and Case Arguments and Reply Submissions

Item	Dates	Comments
CCRA Exhibits	Initial Material Available for Examination and Distribution on and after Day 1. Supplementary Material Available for Examination and Distribution on and after Day 30. Finalized CCRA Import Statistics and Market Table Available for Examination and Distribution on and after Day 51.	Confidential or protected information may only be disclosed to counsel who have submitted a letter of representation and a disclosure undertaking (SIMA and Customs Act). If applicable, non-confidential versions will be available on the same dates.
Questionnaire Responses and Other Submissions of Information	This information will normally be available for examination and distribution two business days after the date of receipt.	Confidential or protected information may only be disclosed to counsel who have submitted a letter of representation and a disclosure undertaking (SIMA and Customs Act). Non-confidential versions should normally be available on the same dates or at the time which they become available (see note).
Case Arguments and Reply Submissions	This material will normally be available for examination and distribution two business days after the date of receipt.	Confidential or protected information may only be disclosed to counsel who have submitted a letter of representation and a disclosure undertaking (SIMA and Customs Act). Non-confidential and counsel versions should normally be available on the same dates or at the time which they become available (see note).

Appendix IV

Instructions for the Preparation of Case Arguments and Reply Submissions

Parties and interested persons intending to file written case arguments and reply submissions to the Commissioner in an expiry review are requested to follow these instructions concerning the preparation and submission of these documents.

1. Submissions should be provided in a typewritten format on 8 ½" by 11" paper, single-sided and should not be stapled or bound and be must be in either English or French.
2. The submission is to be page-numbered consecutively from start to finish, including appendices and attachments.
3. The submission is to be divided into paragraphs and each paragraph is to be numbered consecutively.
4. The submission is to include the name and address and phone number of the party on whose behalf the submission is being filed. If the submission is being filed by counsel for a party, the name and address and phone number of counsel is also to be provided.
5. The title page of the submission should clearly indicate the proceeding for which it was filed and the file number of the expiry review investigation.
6. The submission is to be signed and dated by the party or counsel making the submission.
7. Submit a copy of the submission, confidential and non-confidential versions, on an IBM-PC compatible 3 ½" high density (1.44 MB) diskette or compact disc. Ensure that all diskettes and compact discs provided to the CCRA are free of computer viruses.
8. Where a person files a submission that contains information from the administrative record which has been designated as confidential or protected, the submission must be filed in the following manner.
   
   

   Confidential Version

   Information contained in the submission which is confidential pursuant to paragraph 85(1)(a) of SIMA or protected under section 107 of the Customs Act is to be enclosed in singe brackets [ ].

   Information contained in the submission which is confidential pursuant to subsection 46(1) of the Canadian International Trade Tribunal Act is to be enclosed in double brackets [[ ]].

   The written submission including any attachments will constitute the confidential version. The submission should clearly be marked "CONFIDENTIAL" on the cover and on each page of the submission and all attachments.

   Confidential Version for Disclosure to Counsel (Arguments and Reply Submissions Containing Confidential Tribunal Information)

   The Commissioner will not disclose information to counsel which has been designated as confidential by the Tribunal pursuant to subsection 46(1) of the CITT Act. Disclosure of this information will be undertaken by the Tribunal.

   Parties filing case arguments or reply submissions which contain information designated by the Tribunal as confidential under subsection 46(1) of the CITT Act must also provide a version of the argument which removes the material in the double brackets [[ ]] and which provides a notation or description of the deleted information in such detail that other counsel is able to request disclosure of the information from the Tribunal.

   Confidential or protected information contained in the single brackets [ ] will remain in this version for disclosure to counsel.

   This version of the submission must clearly be marked as "CONFIDENTIAL COUNSEL VERSION" on the cover and on each page of the argument and all attachments.

   A confidential counsel version does not have to be prepared if the submission contains no information designated by the Tribunal as confidential under subsection 46(1) of the CITT Act.

   Non-Confidential Public Version

   A non-confidential version of the case argument and reply submission is also required since the disclosure provisions of SIMA stipulate that any non-confidential information submitted to the Commissioner in a proceeding under the Act shall be provided to parties upon request. The non-confidential version should normally consist of the confidential case argument or reply submission except for the removal of the material contained in the single [ ] and double [[ ]] brackets.

   If the removal of the information contained in the brackets is not sufficient to ensure the confidentiality of the information, a non-confidential summary of the information may be provided. A non-confidential summary consists of a detailed description which describes the nature of the confidential information removed. The non-confidential summary must be detailed enough to convey a reasonable understanding of the information to the reader.

   This version of the case argument or reply submission must clearly be marked as "NON-CONFIDENTIAL" on the cover and on each page of the submission and all attachments.

   If a party submitting a case argument or reply submission has not included any confidential or protected information in the submission, a covering letter should be provided containing a statement to the effect that none of the information in the submission is designated as confidential. In this case, parties are only required to file a "NON-CONFIDENTIAL" version of the case argument or reply submission.

9. The original and three copies are required of each version of the case argument or reply submission (i.e., "CONFIDENTIAL", "CONFIDENTIAL COUNSEL VERSION" and the "NON-CONFIDENTIAL")

Responsibility of Counsel

Counsel must exercise due diligence in the preparation of their case argument and reply submissions in order to ensure the protection of confidential and protected information. Counsel must exercise particular care in ensuring that the public versions of their case arguments and reply submissions do not contain any confidential or protected information pertaining to third parties. The inclusion of this type of information in the public versions will be regarded by the CCRA as a violation of counsel's disclosure undertaking and appropriate action will be taken. CCRA staff will not assume responsibility for verifying that public versions of case arguments or reply submissions submitted by counsel do not contain confidential or protected third party information.