Canadian Transportation Agency General Rules (SOR/2005-35)

Regulations are current to 2014-04-02 and last amended on 2013-06-13. Previous Versions

Oral Motion

Marginal note:Oral Motion

 A motion may, with leave of the Agency, be made orally during a hearing and disposed of in accordance with any procedure that the Agency considers appropriate.

Interveners

Marginal note:Order of intervener evidence
  •  (1) An intervener may give evidence after the party whom it supports has presented its case and may be examined by the applicant and respondent.

  • Marginal note:Cross-examination

    (2) An intervener is not entitled to cross-examine the applicant, the respondent or any of their witnesses unless the intervener's request to do so has been granted by the hearing panel.

Electronic Examination

Marginal note:Agency's powers

 The Agency may, on any terms and conditions that it considers appropriate, order that the examination of a person be conducted by videotape, video-conference or any other form of electronic communication.

Written Arguments

Marginal note:Agency's powers

 The Agency may, whenever it considers it appropriate to do so, order written arguments to be submitted by a party to a proceeding in addition to or instead of oral argument.

Postponements and Adjournments

Postponement

Marginal note:By request

 The Agency may allow a postponement of an oral hearing if a party requests it in writing, at least 10 days before the commencement of the hearing, on any terms that the Agency considers appropriate.

Adjournment

Marginal note:Agency's powers

 The Agency may allow an adjournment of an oral hearing, at the request of a party, at any time during the hearing, on any terms that the Agency considers appropriate.

PART 4COMPLAINTS BY AIR CARRIERS AGAINST OTHER AIR CARRIERS' TARIFFS APPLICABLE TO INTERNATIONAL SERVICES

Application of This Part

Marginal note:Application

 This Part applies in respect of a complaint to the Agency by an air carrier against the tariffs of another air carrier which are applicable to that air carrier's international service.

Pleadings

Marginal note:Pleadings — what they comprise
  •  (1) The pleadings in respect of a complaint under this Part consist of at least the complaint that commences the proceeding, and may include an answer, an intervention and a reply.

  • Marginal note:Leave of Agency

    (2) No pleading may be filed after a reply without leave of the Agency. Leave may be given at the request of a party if the Agency considers that it is appropriate.

Complaint

Marginal note:Time limits

 For the purposes of this Part, the time limits set out in sections 42 to 45 are changed to the following:

  • (a) for filing an answer to a complaint under subsection 42(1), three days;

  • (b) for filing an intervention under subsection 43(2), three days;

  • (c) for filing a reply under subsection 44(1) or (2), one day; and

  • (d) for pleadings described in

    • (i) paragraph 45(a), if no answer or intervention is filed, pleadings close on the fourth day after the complaint is filed with the Agency, and

    • (ii) paragraph 45(b), if an answer or intervention is filed, pleadings close on the fifth day after the complaint is filed with the Agency.