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 or 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.
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: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.
Governor in Council
Directions to Agency
Marginal note:Policy directions
43 (1) The Governor in Council may, at the request of the Agency or of the Governor in Council’s own motion, issue policy directions to the Agency concerning any matter that comes within the jurisdiction of the Agency and every such direction shall be carried out by the Agency under the Act of Parliament that establishes the powers, duties and functions of the Agency in relation to the subject-matter of the direction.
Marginal note:Limitation on directions
(2) A direction issued under subsection (1) shall not affect a matter that is before the Agency on the date of the direction and that relates to a particular person.
Marginal note:Delay of binding effect
44 A direction issued under section 43 is not binding on the Agency until the expiration of the thirtieth sitting day of Parliament after the direction has been laid before both Houses of Parliament by or on behalf of the Minister, unless the direction has been previously laid before both Houses of Parliament in proposed form by or on behalf of the Minister and thirty sitting days of Parliament have expired after the proposed direction was laid.
Marginal note:Referral to committee
45 Where a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, it shall be referred without delay by that House to the committee of that House that it considers appropriate to deal with the subject-matter of the direction or proposed direction.
Marginal note:Consultation required
46 Before a direction referred to in section 43 is issued or a proposed direction referred to in section 44 is laid before a House of Parliament, the Minister shall consult with the Agency with respect to the nature and subject-matter of the direction or proposed direction.
Marginal note:Governor in Council may prevent disruptions
(a) an extraordinary disruption to the effective continued operation of the national transportation system exists or is imminent, other than a labour disruption,
(b) failure to act under this section would be contrary to the interests of users and operators of the national transportation system, and
(c) there are no other provisions in this Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the actual or anticipated damage caused by the disruption,
the Governor in Council may, on the recommendation of the Minister and the minister responsible for the Bureau of Competition Policy, by order, take any steps, or direct the Agency to take any steps, that the Governor in Council considers essential to stabilize the national transportation system, including the imposition of capacity and pricing restraints.
Marginal note:Minister may consult affected persons
(2) Before recommending that an order be made under this section, the Minister may consult with any person who the Minister considers may be affected by the order.
Marginal note:Order is temporary
(3) An order made under this section shall have effect for no more than ninety days after the order is made.
Marginal note:Order to be tabled in Parliament
(4) The Minister shall cause any order made under this section to be laid before both Houses of Parliament within seven sitting days after the order is made.
Marginal note:Reference to Parliamentary Committee
(5) Every order laid before Parliament under subsection (4) shall be referred for review to the Standing committee designated by Parliament for the purpose.
Marginal note:Resolution of Parliament revoking order
(6) Where a resolution directing that an order made under this section be revoked is adopted by both Houses of Parliament before the expiration of thirty sitting days of Parliament after the order is laid before both Houses of Parliament, the order shall cease to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order shall cease to have effect, on that specified day.
Marginal note:Competition Act
(8) Every person who contravenes an order made under this section is guilty of an offence and liable on summary conviction
(a) in the case of an individual, to a fine not exceeding $5,000, and
(b) in the case of a corporation, to a fine not exceeding $100,000,
for each day the person contravenes the order.
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