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

Marginal note:Requirement for affidavit

33. The Agency may, at any time, order any particular facts relating to a proceeding to be supported by an affidavit.

Marginal note:Examination under oath or solemn affirmation

• 34. (1) The Agency may, at any time, order that a person attend and be examined under oath or solemn affirmation before a commissioner of oaths or another person who is authorized to administer oaths or affirmations and who is appointed by the Agency for that purpose.

• Marginal note:Notice of date, time and place

  (2) Notice of the date, time and place of an examination ordered under subsection (1) shall be given to the persons required to attend.

• Marginal note:Transcripts

  (3) A transcript of an examination ordered under subsection (1) shall be taken and filed with the Agency.

• Marginal note:Certified examinations

  (4) All transcripts of examinations certified under the hand of the person taking them may, without further proof, be used in evidence in the proceeding to which they relate.

Marginal note:Reasons for holding conference

• 35. (1) The Agency may, at any time, direct the parties to a proceeding to appear before a member or an officer of the Agency at a specified date, time and place for a conference, or to make submissions in writing, to assist the Agency in its consideration of

  • (a) the formulation, clarification or simplification of issues;

  • (b) the necessity or desirability of amending any document in a proceeding for the purpose of clarification, amplification or limitation;

  • (c) the making of admissions of certain facts or the proof of facts by declaration under oath;

  • (d) the procedure to be followed in the proceeding, including at an oral hearing;

  • (e) the mutual exchange by the parties of documents and exhibits proposed to be submitted at an oral hearing;

  • (f) the identification and treatment of confidential information;

  • (g) the desirability of appointing an expert or establishing a panel of experts from among the parties or otherwise to provide advice or assistance to the Agency; and

  • (h) any other matters that could help simplify the evidence and dispose of the proceeding.

• Marginal note:Agency's powers

  (2) After the completion of the conference and the reporting of its results to the Agency, the Agency may make an order or decision or direction without further submissions from the parties to the proceeding.

Marginal note:When reasons to be given for orders and decisions

36. The Agency shall give oral or written reasons in support of any of its orders and decisions that do not allow the relief requested, or if opposition has been expressed.