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

Regulations are current to 2013-05-26

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 4

COMPLAINTS 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.