How to manage your adjudication case

 Do you have questions about your adjudication case?

This Q&A provides quick answers.

If you want more information, you can refer to the applicable section of the Dispute Adjudication Rules.

 

Submissions

  • How can I file a submission?

    You can use one of our forms for adjudication. Using a form is the fastest and most efficient way of filing.

    By using a form, you can help ensure that you’ve filed all the required information.

    Alternately, you can also send submissions by courier, personal delivery, email or fax to the Agency Secretariat and other parties. You are responsible for providing all information required under the Dispute Adjudication Rules.

    No matter which means of filing you choose, you are responsible for meeting any filing deadlines.

  • What if I don't have an electronic copy of a document?

    If you can’t provide an electronic copy of a document, you can send a copy to the parties and the Agency Secretariat by fax, courier or personal delivery.

    Your document must be sent on the same day as the rest of your submission and must meet filing deadlines.

    For more information about filing deadlines, see section 11 of the Dispute Adjudication Rules.

  • Can I file submissions in any language?

    You can file submissions in either official language: English or French.

    If documents are submitted by persons in different official languages, the Agency is not required to translate the documents. Where translation is required by a person to understand the document, that person will be responsible for obtaining and paying for the translation.

    If your document isn’t in English or French, you must have it translated before filing.

    For more information, see section 13 of the Dispute Adjudication Rules.

  • What if I need to make a change to a document?

    If the change is minor, you can amend the document and send it to the Agency Secretariat and parties.

    To learn more about requirements for minor (non-substantive) amendments, see section 14 of the Dispute Adjudication Rules.

    If the change is substantive, then you have to make a request to the Agency and get the Agency's approval.

    To find out what’s considered a substantive change and how to file a request, see section 33 of the Dispute Adjudication Rules.

  • Can I withdraw a document that I’ve filed?

    If you want to withdraw a document that you have filed with the Agency, you will have to make a request and get the Agency's approval.

    For more information, see section 35 of the Dispute Adjudication Rules.

  • What if I want to file additional documents or submissions?

    You may be of the view that there is something additional that needs to be filed.

    However, if you’re not required to file a document, you can’t file the additional document unless you make a request under section 34 and it’s granted by the Agency.

    Without this approval, the document will not form part of the record and will not be considered by the Agency when making its final decision.

  • What if I don’t want to file a document because it’s confidential?

    You cannot refuse to file a document because you believe it is confidential.

    You can make a request under section 31 of the Dispute Adjudication Rules to have a document kept confidential.

    The Agency will consider whether to grant the request after reviewing all the submissions of the parties. If the Agency denies your request for confidentiality, your document will be placed on the public record.

    Learn more about privacy and confidentiality in adjudicated disputes.

  • Can I withdraw my application?

    If you want to withdraw your application, you will have to make a request under section 36 and get the approval of the Agency.

Time limits

  • Are there time limits for filing forms or documents?

    Yes, there are time limits for the filing of all forms or documents which are set out in the Rules or established by the Agency.

    If a number of days are provided for the filing of a document then they are calculated using "business days."

    You must file a form or documents before 5:00 p.m. Gatineau local time in order for them to be considered as filed on that day.

    The Agency will not accept a document that has been filed late unless a request is made under section 30 of the Rules for an extension of time and the Agency has approved the request.

    For more information on how to calculate time limits, see section 11 of the Dispute Adjudication Rules.

  • How do I know when pleadings are closed?

    The Dispute Adjudication Rules often refer to the “close of pleadings,” particularly when setting out time limits for making requests to the Agency.

    The pleadings process usually includes three steps:

    1. an application is filed;
    2. an answer is filed by the respondent; and
    3. the applicant has a chance to file a reply to the answer of the respondent.

    The filing of the reply usually marks the close of pleadings.

    If pleadings have closed, the Agency won’t consider any submissions, unless you make a request under section 34 and it’s granted.

    To find out when pleadings are closed, you can:

    • Refer to the list of current cases before the Agency
    • Refer to the documentation on file which may set out the date of close of pleadings
    • Ask your case officer
  • What if I need more time to file my submission?

    It’s very important to meet time limits for filing. If you miss a deadline, the Agency will not accept your submission, unless you make a request under section 30 and it’s granted.

    If you need more time to file, you must make a request under section 30 well in advance of the time limit.

  • What happens if I miss a time limit?

    If you miss a time limit, the Agency may not consider your submission when it’s making a decision.

    If you want the Agency to accept the late filing of a form or document, you must make a request under section 30 to extend the time limit. The Agency will decide whether to grant your request.

Requests

  • Can I ask another party to answer questions?

    You may be of the view that another party hasn’t filed enough information and that you need more details before you can file your submission.

    Under section 24, you can ask specific questions to another party. You must make this request before the close of pleadings, in order to meet any time limits for filing and you might need to ask for an extension of time under section 30.

    If the response isn’t satisfactory, or if the party objects to your request, under section 32 you can ask the Agency to decide whether the party must answer your questions.

  • Can I request documents from another party?

    You may be of the view that another party hasn’t filed enough information and that you need more details before you can file your submission.

    Under section 24, you can ask another party to produce specific documents. You must make this request within 5 business days of becoming aware of the document or before the close of pleadings (whichever is earlier), in order to meet any time limits for filing. You might need to ask for an extension of time under section 30, particularly if you’re making a lengthy document request.

    If the response isn’t satisfactory, or if the party objects to your request, under section 32 you can ask the Agency to decide whether the party must produce the documents.

  • Can I oppose someone’s request for confidentiality?

    Yes. You can oppose a request for confidentiality by filing a request for disclosure under subsection 31(3).

  • What if I want to make a request that’s not covered under the Dispute Adjudication Rules?

    The Dispute Adjudication Rules set out how to make many types of requests to the Agency, like how to make a request to extend time limits or to withdraw a document.

    If none of these sections address your issue, then you can file a request under section 27.

Other

  • In the Rules, some sections refer to a "party" and others to a "person." What's the difference?

    "Party" is a word that only applies to an applicant, a respondent or a person named by the Agency as a party, like an intervener who is granted party status.

    Not everyone who gets involved in a dispute proceeding is a "party". For example, not all interveners will be parties. People who file position statements with the Agency will not be parties either. These people would be considered "persons" and in general, they would not have as many participation rights as "parties". In the Dispute Adjudication Rules, "person" can also include a partnership or an unincorporated association.

    If a section of the Dispute Adjudication Rules refers to a "person" then it means the section applies to anyone, including parties. But if the section refers to a "party", then that section only applies to an applicant, a respondent or a person named by the Agency as a party.

    For example, while any "person" can make a request for confidentiality when they file a document with the Agency, only a "party" can oppose a request for confidentiality by filing a request for disclosure.

    If you want to become a party to a dispute proceeding then you must file a request under section 27.

    For more information, see the definitions of "person" and "party" in the Dispute Adjudication Rules.

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