PART IAdministration (continued)
Canadian Transportation Agency (continued)
Marginal note:Request by parties
36.1 (1) If there is a dispute concerning a matter within the Agency’s jurisdiction, all the parties to the dispute may, by agreement, make a request to the Agency for mediation. On receipt of the request, the Agency shall refer the dispute for mediation.
Marginal note:Appointment of mediator
(2) When a dispute is referred for mediation, the Chairperson shall appoint one or two persons to mediate the dispute.
Marginal note:Mediator not to act in other proceedings
(3) A person who is appointed to mediate a dispute may not act in any other proceedings before the Agency in relation to that matter.
Marginal note:Confidentiality of mediation
(4) All matters relating to the mediation of a dispute shall be kept confidential, unless the parties to the dispute otherwise agree, and information provided by a party for the purposes of mediation shall not be used for any other purpose without the consent of that party.
Marginal note:Time limit for completion of mediation
(5) Unless the parties to a dispute otherwise agree, the mediation of the dispute shall be completed within 30 days after the dispute is referred for mediation.
Marginal note:Effect of mediation on proceedings
(6) The mediation has the effect of
(a) staying for the period of the mediation any proceedings before the Agency in so far as they relate to a matter that is the subject of the mediation; and
(b) extending the time within which the Agency may make a decision or determination under this Act with regard to those proceedings by the period of the mediation.
Marginal note:Filing of mediation agreement
(7) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.
- 2007, c. 19, s. 7
Information and Informal Dispute Resolution Services
Marginal note:Information and guidance
Marginal note:Informal resolution
(2) A member of the Agency or its staff may attempt to resolve in an informal manner with a railway company any issue raised by an interested person to whom it has provided information and guidance. In doing so, the member or staff shall not reveal the identity of the interested person without their consent.
Marginal note:Person not to act in proceedings
(3) A person who exercises the powers or performs the duties or functions under paragraph (1)(b) or subsection (2) shall not act in any proceedings before the Agency that are related to an issue in respect of which the person provided information, guidance or informal dispute resolution services.
- 2018, c. 10, s. 5
Mediation or Arbitration
Marginal note:Request by all parties
36.2 (1) If sections 36.1 and 169.1 do not apply, the Agency may mediate or arbitrate a dispute relating to any railway matter covered under Part III — other than Division VI.2 — or Part IV, or to the application of any rate or charge for the movement of goods by railways or for the provision of incidental services, if requested to do so by all parties to the dispute.
Marginal note:Establishment of roster
(1.1) The Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators or arbitrators.
Marginal note:Reimbursement of costs
(2) The parties are jointly and severally, or solidarily, liable to reimburse the Agency its costs arising from the mediation or arbitration.
Marginal note:Mediator not to act in other proceedings
(3) The person who acts as mediator or arbitrator may not act in any other proceedings before the Agency in relation to any matter that was at issue in the mediation or arbitration.
- 2007, c. 19, s. 7
- 2008, c. 5, ss. 8, 9
- 2015, c. 31, s. 3
Marginal note:Inquiry into complaint
37 The Agency may inquire into, hear and determine a complaint concerning any act, matter or thing prohibited, sanctioned or required to be done under any Act of Parliament that is administered in whole or in part by the Agency.
Marginal note:Appointment of person to conduct inquiry
Marginal note:Dealing with report
(2) On receipt of the report under subsection (1), the Agency may adopt the report as a decision or order of the Agency or otherwise deal with it as it considers advisable.
Marginal note:Powers on inquiry
39 A person conducting an inquiry may, for the purposes of the inquiry,
(a) enter and inspect any place, other than a dwelling-house, or any structure, work, rolling stock or ship that is the property or under the control of any person the entry or inspection of which appears to the inquirer to be necessary; and
(b) exercise the same powers as are vested in a superior court to summon witnesses, enforce their attendance and compel them to give evidence and produce any materials, books, papers, plans, specifications, drawings and other documents that the inquirer thinks necessary.
Review and Appeal
Marginal note:Governor in Council may vary or rescind orders, etc.
40 The Governor in Council may, at any time, in the discretion of the Governor in Council, either on petition of a party or an interested person or of the Governor in Council’s own motion, vary or rescind any decision, order, rule or regulation of the Agency, whether the decision or order is made inter partes or otherwise, and whether the rule or regulation is general or limited in its scope and application, and any order that the Governor in Council may make to do so is binding on the Agency and on all parties.
Marginal note:Appeal from Agency
41 (1) An appeal lies from the Agency to the Federal Court of Appeal on a question of law or a question of jurisdiction on leave to appeal being obtained from that Court on application made within one month after the date of the decision, order, rule or regulation being appealed from, or within any further time that a judge of that Court under special circumstances allows, and on notice to the parties and the Agency, and on hearing those of them that appear and desire to be heard.
Marginal note:Time for making appeal
(2) No appeal, after leave to appeal has been obtained under subsection (1), lies unless it is entered in the Federal Court of Appeal within sixty days after the order granting leave to appeal is made.
Marginal note:Powers of Court
(3) An appeal shall be heard as quickly as is practicable and, on the hearing of the appeal, the Court may draw any inferences that are not inconsistent with the facts expressly found by the Agency and that are necessary for determining the question of law or jurisdiction, as the case may be.
Marginal note:Agency may be heard
(4) The Agency is entitled to be heard by counsel or otherwise on the argument of an appeal.
Report of Agency
Marginal note:Agency’s report
42 (1) Each year the Agency shall, before the end of July, make a report on its activities for the preceding year and submit it, through the Minister, to the Governor in Council describing briefly, in respect of that year,
Marginal note:Assessment of Act
(2) The Agency shall include in every report referred to in subsection (1) the Agency’s assessment of the operation of this Act and any difficulties observed in the administration of this Act.
Marginal note:Railway transportation
(2.1) The report shall include the number and nature of the applications, complaints and submissions for arbitration made under Parts III and IV, the manner they were dealt with and the systemic trends observed. The report shall also include the number of disputes that were mediated by the Agency and the number that were resolved through mediation by the Agency.
Marginal note:Confidential information
(2.2) The Agency shall ensure that the report does not include any confidential information.
Marginal note:Tabling of report
(3) The Minister shall have a copy of each report made under this section laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister receives it.
- 1996, c. 10, s. 42
- 2013, c. 31, s. 2
- 2018, c. 10, s. 6
- Date modified: