Marginal note:Time limit — preliminary applications
169.3 (1) Despite sections 162 and 162.1, any application filed with the Agency by a carrier in respect of a matter submitted jointly to the Agency under subsection 169.2(1) shall be filed with the Agency no later than seven days after the day on which the joint submission is made.
Marginal note:Service of copy
(2) A copy of the application shall be served on each of the shippers making the joint submission no later than the day on which the application is required to be filed under subsection (1).
Marginal note:Joint answer
(3) The shippers, no later than five days after the day on which the last shipper was served under subsection (2), shall file with the Agency a joint answer to the application and serve a copy of it on the carrier.
(4) The carrier, no later than two days after the day on which it was served under subsection (3), shall file with the Agency a reply to the joint answer and serve a copy of it on each of the shippers.
Marginal note:Decision of Agency
(5) The Agency shall issue its decision on the application no later than the day on which the matter is required to be referred to arbitration under subsection 162(1).
Marginal note:Deemed conformity
(6) If no application referred to in subsection (1) is filed within the limit set out in that subsection, the matter submitted jointly is deemed to conform to the requirements of subsection 169.2(2).
- 2008, c. 5, s. 7.
DIVISION IIArbitration on Level of Services
Marginal note:Submission for arbitration — confidential contract
169.31 (1) If a shipper and a railway company are unable to agree and enter into a contract under subsection 126(1) respecting the manner in which the railway company must fulfil its service obligations under section 113, the shipper may submit any of the following matters, in writing, to the Agency for arbitration:
(a) the operational terms that the railway company must comply with in respect of receiving, loading, carrying, unloading and delivering the traffic, including performance standards and communication protocols;
(b) the operational terms that the railway company must comply with if it fails to comply with an operational term described in paragraph (a);
(c) any operational term that the shipper must comply with that is related to an operational term described in paragraph (a) or (b);
(d) any service provided by the railway company incidental to transportation that is customary or usual in connection with the business of a railway company; or
(e) the question of whether the railway company may apply a charge with respect to an operational term described in paragraph (a) or (b) or for a service described in paragraph (d).
(1.1) [Repealed, 2014, c. 8, s. 8]
Marginal note:Matter excluded from arbitration
(2) The shipper is not entitled to submit to the Agency for arbitration a matter that
Marginal note:Excluded matter — traffic
(3) The shipper is not entitled to submit to the Agency for arbitration a matter that is in respect of traffic that is the subject of
(a) a confidential contract between the shipper and the railway company that is in force immediately before the day on which this section comes into force;
(b) a tariff, or a contract, referred to in subsection 165(3);
(c) a competitive line rate; or
(d) an arbitrator’s decision made under section 169.37.
(4) For greater certainty, neither a rate for the movement of the traffic nor the amount of a charge for that movement or for the provision of incidental services is to be subject to arbitration.
- 2013, c. 31, s. 11;
- 2014, c. 8, s. 8.
Marginal note:Contents of submission
(a) a detailed description of the matters submitted to the Agency for arbitration;
(b) a description of the traffic to which the service obligations relate;
(c) an undertaking with respect to the traffic, if any, given by the shipper to the railway company that must be complied with for the period during which the arbitrator’s decision applies to the parties, other than an undertaking given by the shipper to the railway company with respect to an operational term described in paragraph 169.31(1)(c);
(d) an undertaking given by the shipper to the railway company to ship the goods to which the service obligations relate in accordance with the arbitrator’s decision; and
(e) an undertaking given by the shipper to the Agency to pay the fee and costs for which the shipper is liable under subsection 169.39(3) as a party to the arbitration.
Marginal note:Copy of submission served
(2) The shipper must serve a copy of the submission on the railway company on the day on which it submits the matters to the Agency for arbitration.
- 2013, c. 31, s. 11.
Marginal note:Arbitration precluded in certain cases
(a) the shipper has not, at least 15 days before making it, served on the railway company and the Agency a written notice indicating that the shipper intends to make a submission to the Agency for arbitration; or
(b) the shipper does not demonstrate, to the Agency’s satisfaction, that an attempt has been made to resolve the matters contained in it.
Marginal note:Content of notice
(2) The notice must contain the descriptions referred to in paragraphs 169.32(1)(a) and (b) and, if the shipper’s submission will contain an undertaking described in paragraph 169.32(1)(c), a description of that undertaking.
- 2013, c. 31, s. 11.
Marginal note:Submission of proposals
169.34 (1) Despite any application filed under section 169.43, the shipper and the railway company must each submit, within 10 days after the day on which a copy of a submission is served under subsection 169.32(2), to the Agency, in order to resolve the matters that are submitted to it for arbitration by the shipper, a proposal that contains any of the following terms:
Marginal note:Proposals provided to parties
(2) The Agency must provide the shipper and the railway company with a copy of the other party’s proposal immediately after the day on which it receives the last of the two proposals.
Marginal note:Exchange of information
(3) The parties must exchange the information that they intend to submit to the arbitrator in support of their proposals within 20 days after the day on which a copy of a submission is served under subsection 169.32(2) or within a period agreed to by the parties or fixed by the arbitrator.
(4) Unless the parties agree otherwise, a party to the arbitration is not, in support of the proposal it submits under subsection (1), to refer to any offer, or any part of an offer, that was made to it — before a copy of the submission is served under subsection 169.32(2) — by the other party to the arbitration for the purpose of entering into a confidential contract.
Marginal note:If no proposal from party
(5) If one party does not submit a proposal in accordance with subsection (1), the proposal submitted by the other party is the arbitrator’s decision made under section 169.37.
- 2013, c. 31, s. 11.
169.35 (1) Despite any application filed under section 169.43, the Agency must refer, within two business days after the day on which it receives the last of the two proposals, the matters for arbitration to be conducted by an arbitrator that it chooses.
Marginal note:Arbitrator not to act in other proceedings
(2) The arbitrator is not to act in any other proceedings in relation to a matter that is referred to him or her for arbitration.
Marginal note:Assistance by Agency
(3) The Agency may, at the arbitrator’s request, provide administrative, technical and legal assistance to the arbitrator.
Marginal note:Arbitration not proceeding
(4) The arbitration is not a proceeding before the Agency.
- 2013, c. 31, s. 11.
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