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

Marginal note:Documents in English or French

12. All documents required to be filed under these Rules shall be in English or French or, if in another language, be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation.

Marginal note:Verification by affidavit

• 13. (1) The Agency may require the whole or any part of a document filed with it to be verified by affidavit.

• Marginal note:Notice by Agency

  (2) If the Agency requires verification of a document, the Agency shall serve a notice on the person who filed it and indicate the document or part of it that must be verified and the period within which verification is to be filed.

• Marginal note:Affidavit made on belief

  (3) If an affidavit is made on belief, the grounds on which the belief is based shall be set out in the affidavit.

• Marginal note:If document not verified

  (4) The Agency may strike out any document or part of it that has not been verified in accordance with this section.

Marginal note:Request to amend

• 14. (1) A party may request an amendment to a document that has been filed in a proceeding.

• Marginal note:Explanation

  (2) The request must include an explanation of the nature of the amendment and why it is necessary.

• Marginal note:Agency's powers

  (3) The Agency may, by order,

  • (a) allow, in whole or in part, the request to amend a document; and

  • (b) strike out any document or part of it that has not been amended in accordance with the Agency's order, or that may prejudice, hinder or delay the fair conduct of the proceeding.

Marginal note:Request to the other party

• 15. (1) If in any pleading a party refers to a document on which the party intends to rely in a proceeding, any other party may make a request to that party that, as soon as is reasonably possible,

  • (a) the document be produced for inspection and copying by the party making the request; or

  • (b) a copy of the document be provided to the party making the request.

• Marginal note:Prohibition

  (2) Subject to subsection (3), a party who fails to comply with a request made under subsection (1) within 10 days after receiving the request may not enter the document as evidence in the proceeding.

• Marginal note:Exception

  (3) The Agency may permit a document to be entered into evidence if the party entering it in evidence had reasonable grounds not to comply with a request under subsection (1) and acceptance of the document will not hinder a fair and expeditious hearing of the matter.

• Marginal note:Copy to Agency

  (4) The person who produces a document under subsection (1) shall also provide a copy of it to the Agency.