The applicant can request that the CRA provide the materials that it had in its possession when making its decision. This request must be made in writing and can be included in the notice of application. If the request is not included in the notice of application, it must be served on the other parties.

The CRA has 20 days to comply with the request from the time of service and must transmit a certified copy of the requested material to the Registry and the applicant. If for some reason the material cannot be reproduced, the original material must be transmitted to the Registry.

Can the CRA Refuse to Produce Some Documents?

The CRA can object to the production of some documents. If that happens, the CRA is required to inform the applicant and the Administrator in writing and provide the reasons for the objection. The applicant can accept the CRA’s reasons for refusing to produce the documents or bring a motion to compel production.

Last updated: October 9, 2016