PART IAdministration (continued)
Canadian Transportation Agency (continued)
Powers of Agency (continued)
Marginal note:Pending proceedings
30 The fact that a suit, prosecution or proceeding involving a question of fact is pending in any court does not deprive the Agency of jurisdiction to hear and determine the same question of fact.
Marginal note:Fact finding is conclusive
31 The finding or determination of the Agency on a question of fact within its jurisdiction is binding and conclusive.
Marginal note:Review of decisions and orders
32 The Agency may review, rescind or vary any decision or order made by it or may re-hear any application before deciding it if, in the opinion of the Agency, since the decision or order or the hearing of the application, there has been a change in the facts or circumstances pertaining to the decision, order or hearing.
Marginal note:Enforcement of decision or order
(2) To make a decision or order an order of a court, either the usual practice and procedure of the court in such matters may be followed or the Secretary of the Agency may file with the registrar of the court a certified copy of the decision or order, signed by the Chairperson and sealed with the Agency’s seal, at which time the decision or order becomes an order of the court.
Marginal note:Effect of variation or rescission
(3) Where a decision or order that has been made an order of a court is rescinded or varied by a subsequent decision or order of the Agency, the order of the court is deemed to have been cancelled and the subsequent decision or order may be made an order of the court.
Marginal note:Option to enforce
(4) The Agency may, before or after one of its decisions or orders is made an order of a court, enforce the decision or order by its own action.
- 1996, c. 10, s. 33
- 2002, c. 8, s. 122
- 2006, c. 11, s. 17
- 2007, c. 19, s. 6
34 (1) The Agency may, by rule, fix the fees that are to be paid to the Agency in respect of applications made to it, including applications for licences or permits and applications for amendments to or for the renewal of licences or permits, and any other matters brought before or dealt with by the Agency.
Marginal note:Advance notice to Minister
(2) The Agency shall give the Minister notice of every rule proposed to be made under subsection (1).
Marginal note:Fees for witnesses
35 Every person summoned to attend before the Agency under this Part or before a person making an inquiry under this Part shall receive the fees and allowances for so doing that the Agency may, by regulation, prescribe.
Marginal note:Approval of regulations required
Marginal note:Advance notice of regulations
(2) The Agency shall give the Minister notice of every regulation proposed to be made by the Agency under this Act.
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.
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