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

Act current to 2014-04-02 and last amended on 2013-06-26. Previous Versions

Marginal note:Arbitration precluded in certain cases
  •  (1) The Agency must dismiss the submission if

    • (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
  •  (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:

    • (a) any operational term described in paragraph 169.31(1)(a), (b) or (c);

    • (b) any term for the provision of a service described in paragraph 169.31(1)(d); or

    • (c) any term with respect to the application of a charge described in paragraph 169.31(1)(e).

  • 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.

  • Marginal note:Exception

    (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.
Marginal note:Arbitration
  •  (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.