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

Act current to 2016-01-25 and last amended on 2015-07-30. Previous Versions

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arbitration, the parties advise the Agency or the arbitrator that they agree that the matter being arbitrated should be withdrawn from arbitration, the arbitration proceedings in respect of the matter shall be immediately terminated.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.
Marginal note:Time limit — preliminary applications
  •  (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.

  • Marginal note:Reply

    (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.
 
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