Marginal note:Rail passenger services
160. Sections 161 to 169 also apply, with any modifications that the circumstances require, in respect of the rates charged or proposed to be charged by, and in respect of any of the conditions associated with the provision of services by, a railway company to any other railway company engaged in passenger rail services, except a public passenger service provider as defined in section 87.
- 1996, c. 10, s. 160;
- 2008, c. 5, s. 8.
Marginal note:Submission for final offer arbitration
161. (1) A shipper who is dissatisfied with the rate or rates charged or proposed to be charged by a carrier for the movement of goods, or with any of the conditions associated with the movement of goods, may, if the matter cannot be resolved between the shipper and the carrier, submit the matter in writing to the Agency for a final offer arbitration to be conducted by one arbitrator or, if the shipper and the carrier agree, by a panel of three arbitrators.
Marginal note:Contents of submission
(2) A copy of a submission under subsection (1) shall be served on the carrier by the shipper and the submission shall contain
(a) the final offer of the shipper to the carrier in the matter, excluding any dollar amounts;
(b) [Repealed, 2000, c. 16, s. 11]
(c) an undertaking by the shipper to ship the goods to which the arbitration relates in accordance with the decision of the arbitrator;
(d) an undertaking by the shipper to the Agency whereby the shipper agrees to pay to the arbitrator the fee for which the shipper is liable under section 166 as a party to the arbitration; and
(e) the name of the arbitrator, if any, that the shipper and the carrier agreed should conduct the arbitration or, if they agreed that the arbitration should be conducted by a panel of three arbitrators, the name of an arbitrator chosen by the shipper and the name of an arbitrator chosen by the carrier.
Marginal note:Arbitration precluded in certain cases
(3) The Agency shall not have any matter submitted to it by a shipper under subsection (1) arbitrated if the shipper has not, at least five days before making the submission, served on the carrier a written notice indicating that the shipper intends to submit the matter to the Agency for a final offer arbitration.
Marginal note:Final offer arbitration not a proceeding
(4) A final offer arbitration is not a proceeding before the Agency.
- 1996, c. 10, s. 161;
- 2000, c. 16, s. 11.
Marginal note:Submission of final offers
161.1 (1) Within 10 days after a submission is served under subsection 161(2), the shipper and the carrier shall submit to the Agency their final offers, including dollar amounts.
Marginal note:Copies to the parties
(2) Without delay after final offers are submitted under subsection (1) by both the shipper and the carrier, the Agency shall provide the shipper and the carrier with copies of each other’s final offer.
Marginal note:If no final offer from a party
(3) If one party does not submit a final offer in accordance with subsection (1), the final offer submitted by the other party is deemed to be the final offer selected by the arbitrator under subsection 165(1).
- 2000, c. 16, s. 12.
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