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

Act current to 2014-11-11 and last amended on 2014-05-29. Previous Versions

Marginal note:Approval of regulations required
  •  (1) Every regulation made by the Agency under this Act must be made with the approval of the Governor in Council.

  • Marginal note:Advance notice of regulations

    (2) The Agency shall give the Minister notice of every regulation proposed to be made by the Agency under this Act.

Mediation

Marginal note:Request by parties
  •  (1) If there is a dispute concerning a matter within the Agency’s jurisdiction, all the parties to the dispute may, by agreement, make a request to the Agency for mediation. On receipt of the request, the Agency shall refer the dispute for mediation.

  • Marginal note:Appointment of mediator

    (2) When a dispute is referred for mediation, the Chairperson shall appoint one or two persons to mediate the dispute.

  • Marginal note:Mediator not to act in other proceedings

    (3) A person who is appointed to mediate a dispute may not act in any other proceedings before the Agency in relation to that matter.

  • Marginal note:Confidentiality of mediation

    (4) All matters relating to the mediation of a dispute shall be kept confidential, unless the parties to the dispute otherwise agree, and information provided by a party for the purposes of mediation shall not be used for any other purpose without the consent of that party.

  • Marginal note:Time limit for completion of mediation

    (5) Unless the parties to a dispute otherwise agree, the mediation of the dispute shall be completed within 30 days after the dispute is referred for mediation.

  • Marginal note:Effect of mediation on proceedings

    (6) The mediation has the effect of

    • (a) staying for the period of the mediation any proceedings before the Agency in so far as they relate to a matter that is the subject of the mediation; and

    • (b) extending the time within which the Agency may make a decision or determination under this Act with regard to those proceedings by the period of the mediation.

  • Marginal note:Filing of mediation agreement

    (7) An agreement that is reached as a result of mediation may be filed with the Agency and, after filing, is enforceable as if it were an order of the Agency.

  • 2007, c. 19, s. 7.

Mediation or Arbitration

Marginal note:Request by all parties
  •  (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.