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

Act current to 2017-10-13 and last amended on 2017-08-01. Previous Versions

Marginal note:Decision of arbitrator
  •  (1) The decision of the arbitrator in conducting a final offer arbitration shall be the selection by the arbitrator of the final offer of either the shipper or the carrier.

  • Marginal note:Requirements re decision

    (2) The decision of the arbitrator shall

    • (a) be in writing;

    • (b) unless the parties agree otherwise, be rendered within 60 days or, in the case of an arbitration conducted in accordance with section 164.1, 30 days after the date on which the submission for the final offer arbitration was received by the Agency; and

    • (c) unless the parties agree otherwise, be rendered so as to apply to the parties for a period of one year or any lesser period that may be appropriate, having regard to the negotiations between the parties that preceded the arbitration.

  • Marginal note:Incorporation in tariff

    (3) The carrier shall, without delay after the arbitrator’s decision, set out the rate or rates or the conditions associated with the movement of goods that have been selected by the arbitrator in a tariff of the carrier, unless, where the carrier is entitled to keep the rate or rates or conditions confidential, the parties to the arbitration agree to include the rate or rates or conditions in a contract that the parties agree to keep confidential.

  • Marginal note:Reasons not required

    (4) No reasons shall be set out in the decision of the arbitrator.

  • Marginal note:Reasons may be requested

    (5) The arbitrator shall, if requested by all of the parties to the arbitration within 30 days or, in the case of an arbitration conducted in accordance with section 164.1, seven days after the decision of the arbitrator, give written reasons for the decision.

  • Marginal note:Application of decision

    (6) Except where both parties agree otherwise,

    • (a) the decision of the arbitrator on a final offer arbitration shall be final and binding and be applicable to the parties as of the date on which the submission for the arbitration was received by the Agency from the shipper, and is enforceable as if it were an order of the Agency; and

    • (b) the arbitrator shall direct in the decision that interest at a reasonable rate specified by the arbitrator shall be paid to one of the parties by the other on moneys that, as a result of the application of paragraph (a), are owed by a party for the period between the date referred to in that paragraph and the date of the payment.

  • Marginal note:Payment by party

    (7) Moneys and interest referred to in paragraph (6)(b) that are owed by a party pursuant to a decision of the arbitrator shall be paid without delay to the other party.

  • 1996, c. 10, s. 165;
  • 2000, c. 16, s. 16.
Marginal note:Arbitration fees
  •  (1) The Agency may fix the fee to be paid to an arbitrator for the costs of, and the services provided by, the arbitrator in final offer arbitration proceedings.

  • Marginal note:Payment of fees and costs

    (2) The shipper and the carrier shall share equally, whether or not the proceedings are terminated pursuant to section 168, in the payment of the fee fixed under subsection (1) and in the cost

    • (a) borne by the Agency for administrative, technical and legal services provided to the arbitrator pursuant to subsection 162(2); and

    • (b) of the preparation of any reasons requested pursuant to subsection 165(5).

Marginal note:Confidentiality of information

 Where the Agency is advised that a party to a final offer arbitration wishes to keep matters relating to the arbitration confidential,

  • (a) the Agency and the arbitrator shall take all reasonably necessary measures to ensure that the matters are not disclosed by the Agency or the arbitrator or during the arbitration proceedings to any person other than the parties; and

  • (b) no reasons for the decision given pursuant to subsection 165(5) shall contain those matters or any information included in a contract that the parties agreed to keep confidential.

Marginal note:Termination of proceedings

 Where, before the arbitrator renders a decision on a final offer arbitration, the parties advise the Agency or the arbitrator that they agree that the matter being arbitrated should be withdrawn from arbitration, the arbitration proceedings in respect of the matter shall be immediately terminated.

Marginal note:List of arbitrators
  •  (1) The Agency shall, from time to time, in consultation with representatives of shippers and carriers, establish a list of persons who agree to act as arbitrators in final offer arbitrations. The list must state which of the persons have indicated that they have expertise that may assist them in conducting final offer arbitrations and the nature of that expertise.

  • Marginal note:List per mode

    (2) A separate list of persons may be established under subsection (1) in respect of each or any mode of transportation, as the Agency considers appropriate.

  • Marginal note:Publication of list

    (3) The Agency shall have the list of persons made known to representatives of shippers and carriers throughout Canada.

  • 1996, c. 10, s. 169;
  • 2000, c. 16, s. 17.
Marginal note:Mediation
  •  (1) The parties to a final offer arbitration may, by agreement, refer to a mediator, which may be the Agency, a matter that has been submitted for a final offer arbitration under section 161.

  • Marginal note:Establishment of roster

    (2) The Agency may establish a roster of persons, which may include members and staff of the Agency, to act as mediators in any matter referred to it under subsection (1).

  • Marginal note:Confidentiality of mediation

    (3) All matters relating to the mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.

  • Marginal note:Time limit for completion of mediation

    (4) Unless the parties otherwise agree, the mediation shall be completed within 30 days after the matter is referred for mediation.

  • Marginal note:Effect of mediation on final offer arbitration

    (5) The mediation has the effect of

    • (a) staying the conduct of the final offer arbitration for the period of the mediation; and

    • (b) extending the time within which the arbitrator must make a decision in the matter of the final offer arbitration by the period of the mediation.

  • Marginal note:Mediator not to act in other proceedings

    (6) The person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.

  • 2008, c. 5, s. 7.
Marginal note:Joint offer of several shippers
  •  (1) In the case where more than one shipper is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any conditions associated with the movement of goods, those shippers may, if the matter cannot be resolved between them and the carrier, submit the matter jointly to the Agency for a final offer arbitration, in which case sections 161 to 169 apply, with any modifications that the circumstances require.

  • Marginal note:Common matter and application of the offer

    (2) A matter submitted jointly to the Agency for a final offer arbitration shall be common to all the shippers and the shippers shall make a joint offer in respect of the matter, the terms of which apply to all of them.

  • Marginal note:Arbitration precluded in certain cases

    (3) The Agency shall not have any matter submitted to it for a final offer arbitration under subsection (1) arbitrated unless the shippers demonstrate, to the satisfaction of the Agency, that an attempt has been made to mediate the matter.

  • Marginal note:Confidentiality of mediation

    (4) All matters relating to a mediation shall be kept confidential, unless the parties otherwise agree, and information provided by a party for the purposes of the mediation shall not be used for any other purpose without the consent of that party.

  • Marginal note:Mediator not to act in other proceedings

    (5) The person who acts as mediator may not act in any other proceedings in relation to any matter that was at issue in the mediation.

  • Marginal note:Matter submitted by more than one shipper

    (6) In the case of a matter that is submitted jointly under subsection (1),

    • (a) the period referred to in subsection 161.1(1) is 20 days;

    • (b) the arbitrator may, if he or she considers it necessary, extend any of the periods referred to in subsections 163(3) and (4) and paragraph 164.1(a); and

    • (c) the decision of the arbitrator shall, despite paragraph 165(2)(b), be rendered within 120 days or, in the case of an arbitration conducted in accordance with section 164.1, 90 days after the day on which the submission for the final offer arbitration is received by the Agency unless the parties agree otherwise.

  • 2008, c. 5, s. 7.
 
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