Canada Transportation Act (S.C. 1996, c. 10)

Act current to 2017-11-20 and last amended on 2017-08-01. Previous Versions

Marginal note:Agency’s rules of procedure
  •  (1) The Agency may make rules of procedure for an arbitration.

  • Marginal note:Procedure generally

    (2) Subject to any rule of procedure made by the Agency and in the absence of an agreement between the arbitrator and the parties as to the procedure to be followed, the arbitrator must conduct the arbitration as quickly as possible and in the manner that he or she considers appropriate having regard to the circumstances of the matter.

  • Marginal note:Questions

    (3) Each party may direct questions to the other in the manner that the arbitrator considers appropriate.

  • 2013, c. 31, s. 11.
Marginal note:Arbitrator’s decision

 The arbitrator’s decision must establish any operational term described in paragraph 169.31(1)(a), (b) or (c), any term for the provision of a service described in paragraph 169.31(1)(d) or any term with respect to the application of a charge described in paragraph 169.31(1)(e), or any combination of those terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration. In making his or her decision, the arbitrator must have regard to the following:

  • (a) the traffic to which the service obligations relate;

  • (b) the service that the shipper requires with respect to the traffic;

  • (c) any undertaking described in paragraph 169.32(1)(c) that is contained in the shipper’s submission;

  • (d) the railway company’s service obligations under section 113 to other shippers and the railway company’s obligations to persons and other companies under section 114;

  • (e) the railway company’s obligations, if any, with respect to a public passenger service provider;

  • (f) the railway company’s and the shipper’s operational requirements and restrictions;

  • (g) the question of whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the service obligations relate; and

  • (h) any information that the arbitrator considers relevant.

  • 2013, c. 31, s. 11.
Marginal note:Requirements of decision
  •  (1) The arbitrator’s decision must

    • (a) be made in writing;

    • (b) be made so as to apply to the parties for a period of one year as of the date of his or her decision, unless the parties agree otherwise; and

    • (c) be commercially fair and reasonable to the parties.

  • Marginal note:Decision binding

    (2) The arbitrator’s decision is final and binding on the parties and is deemed, for the purposes of Division IV of Part III and its enforceability between the parties, to be a confidential contract.

  • Marginal note:Period for making decision

    (3) The arbitrator’s decision must be made within 45 days after the day on which the matters are submitted to the Agency for arbitration under subsection 169.31(1) unless in the arbitrator’s opinion making a decision within that period is not practical, in which case the arbitrator must make his or her decision within 65 days after that day.

  • Marginal note:Period — agreement of parties

    (4) Despite subsection (3), the arbitrator may, with the agreement of the parties, make his or her decision within a period that is longer than 65 days after the day on which the matters are submitted to the Agency for arbitration.

  • Marginal note:Copy of decision to Agency

    (5) The arbitrator must provide the Agency with a copy of his or her decision.

  • 2013, c. 31, s. 11.
Marginal note:Arbitration fees
  •  (1) The Agency may fix the fee to be paid to it or, if the arbitrator is not a member or on the staff of the Agency, to the arbitrator for the arbitrator’s services in arbitration proceedings.

  • Marginal note:Arbitration fees — not member

    (2) An arbitrator who is not a member or on the staff of the Agency may fix a fee for his or her services if the Agency does not do so under subsection (1).

  • Marginal note:Payment of fees and costs

    (3) The shipper and the railway company are to share equally, whether or not the proceedings are terminated under section 169.41, in the payment of the fee for the arbitrator’s services and in the payment of the costs related to the arbitration, including those borne by the Agency in providing administrative, technical and legal assistance to the arbitrator under subsection 169.35(3).

  • Marginal note:Cost related to arbitration

    (4) Costs related to the arbitration also include the cost to the Agency when a member or a person on the staff of the Agency acts as an arbitrator and the Agency does not fix a fee for that arbitrator under subsection (1).

  • 2013, c. 31, s. 11.
Marginal note:Confidentiality of information
  •  (1) If the Agency and the arbitrator are advised that a party to an arbitration wishes to keep information relating to the arbitration confidential, the Agency and the arbitrator must take all reasonably necessary measures to ensure that the information is not disclosed by the Agency or the arbitrator or during the arbitration to any person other than the parties.

  • Marginal note:Limited disclosure

    (2) Despite subsection (1), the Agency may, in the exercise of its powers or in the performance of its duties and functions under this Act, disclose any information that a party advised the Agency and the arbitrator it wishes to keep confidential.

  • 2013, c. 31, s. 11.
Marginal note:Termination of proceedings

 If, before the arbitrator makes his or her decision, the parties advise the Agency or the arbitrator that they agree that the matters being arbitrated should be withdrawn from arbitration, any proceedings in respect of those matters are immediately terminated.

  • 2013, c. 31, s. 11.
Marginal note:List of arbitrators
  •  (1) The Agency, in consultation with representatives of shippers and railway companies, must establish a list of persons, including persons who are members or on the staff of the Agency, who agree to act as arbitrators in arbitrations.

  • Marginal note:Expertise required

    (2) Only persons who, in the Agency’s opinion, have sufficient expertise to act as arbitrators are to be named in the list.

  • Marginal note:Publication of list

    (3) The Agency must publish the list on its Internet site.

  • 2013, c. 31, s. 11.
Marginal note:Application for order
  •  (1) A railway company may apply to the Agency, within 10 days after the day on which it is served with a copy of a submission under subsection 169.32(2), for an order declaring that the shipper is not entitled to submit to the Agency for arbitration a matter contained in the shipper’s submission.

  • Marginal note:Content of order

    (2) If the Agency makes the order, it may also

    • (a) dismiss the submission for arbitration, if the matter contained in it has not been referred to arbitration;

    • (b) discontinue the arbitration;

    • (c) subject the arbitration to any terms that it specifies; or

    • (d) set aside the arbitrator’s decision or any part of it.

  • Marginal note:Period for making decision

    (3) The Agency must make a decision on the railway company’s application made under subsection (1) as soon as feasible but not later than 35 days after the day on which it receives the application.

  • 2013, c. 31, s. 11.

PART VTransportation of Persons with Disabilities

Marginal note:Regulations
  •  (1) The Agency may make regulations for the purpose of eliminating undue obstacles in the transportation network under the legislative authority of Parliament to the mobility of persons with disabilities, including regulations respecting

    • (a) the design, construction or modification of, and the posting of signs on, in or around, means of transportation and related facilities and premises, including equipment used in them;

    • (b) the training of personnel employed at or in those facilities or premises or by carriers;

    • (c) tariffs, rates, fares, charges and terms and conditions of carriage applicable in respect of the transportation of persons with disabilities or incidental services; and

    • (d) the communication of information to persons with disabilities.

  • Marginal note:Incorporation by reference

    (2) Regulations made under subsection (1) incorporating standards or enactments by reference may incorporate them as amended from time to time.

  • Marginal note:Exemption

    (3) The Agency may, with the approval of the Governor in Council, make orders exempting specified persons, means of transportation, services or related facilities and premises from the application of regulations made under subsection (1).

 
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