Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings)

SOR/2014-104

CANADA TRANSPORTATION ACT

Registration 2014-05-05

Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings)

The Canadian Transportation Agency, pursuant to section 17 of the Canada Transportation ActFootnote a, makes the annexed Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings).

Gatineau, April 29, 2014

GEOFFREY C. HARE
Chairperson
Canadian Transportation Agency
SAM BARONE
Vice-Chairperson
Canadian Transportation Agency

Interpretation

Marginal note:Definitions

 The following definitions apply in these Rules.

Act

Loi

Act means the Canada Transportation Act. (Loi)

affidavit

affidavit

affidavit means a written statement confirmed by oath or a solemn declaration. (affidavit)

applicant

demandeur

applicant means a person that files an application with the Agency. (demandeur)

application

demande

application means a document that is filed to commence a proceeding before the Agency under any legislation or regulations that are administered in whole or in part by the Agency. (demande)

business day

jour ouvrable

business day means a day that the Agency is ordinarily open for business. (jour ouvrable)

dispute proceeding

instance de règlement des différends

dispute proceeding means any contested matter that is commenced by application to the Agency. (instance de règlement des différends)

document

document

document includes any information that is recorded in any form. (document)

intervener

intervenant

intervener means a person whose request to intervene filed under section 29 has been granted. (intervenant)

party

partie

party means an applicant, a respondent or a person that is named by the Agency as a party. (partie)

person

personne

person includes a partnership and an unincorporated association. (personne)

proceeding

instance

proceeding means any matter that is commenced by application to the Agency, whether contested or not. (instance)

respondent

défendeur

respondent means a person that is named as a respondent in an application and any person that is named by the Agency as a respondent. (défendeur)

Application

Marginal note:Dispute proceedings

 Subject to sections 3 and 4, these Rules apply to dispute proceedings other than a matter that is the subject of mediation.

All Proceedings

Marginal note:Quorum

 In all proceedings, one member constitutes a quorum.

Marginal note:Principle of proportionality

 The Agency is to conduct all proceedings in a manner that is proportionate to the importance and complexity of the issues at stake and the relief claimed.

Dispute Proceedings

General

Interpretation and Dispensing with Compliance

Marginal note:Interpretation of Rules
  •  (1) These Rules are to be interpreted in a manner that facilitates the most expeditious determination of every dispute proceeding, the optimal use of Agency and party resources and the promotion of justice.

  • Marginal note:Agency’s initiative

    (2) Anything that may be done on request under these Rules may also be done by the Agency of its own initiative.

Marginal note:Dispensing with compliance and varying rule

 The Agency may, at the request of a person, dispense with compliance with or vary any rule at any time or grant other relief on any terms that will allow for the just determination of the issues.

Filing of Documents and Sending of Copy to Parties

Marginal note:Filing
  •  (1) Any document filed under these Rules must be filed with the Secretary of the Agency.

  • Marginal note:Agency’s public record

    (2) All filed documents are placed on the Agency’s public record unless the person filing the document files, at the same time, a request for confidentiality under section 31 in respect of the document.

Marginal note:Copy to parties

 A person that files a document must, on the same day, send a copy of the document to each party or, if a party is represented, to the party’s representative, except if the document is

  • (a) a confidential version of a document in respect of which a request for confidentiality is filed under section 31;

  • (b) an application; or

  • (c) a position statement.

Marginal note:Means of transmission

 Documents may be filed with the Agency and copies may be sent to the other parties by courrier, personal delivery, email, facsimile or other electronic means specified by the Agency.

Marginal note:Facsimile — cover page

 A person that files or sends a document by facsimile must include a cover page indicating the total number of pages transmitted, including the cover page, and the name and telephone number of a contact person if problems occur in the transmission of the document.

Marginal note:Electronic transmission
  •  (1) A document that is sent by email, facsimile or other electronic means is considered to be filed with the Agency and received by the other parties on the date of its transmission if it is sent at or before 5:00 p.m. Gatineau local time on a business day. A document that is sent after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day.

  • Marginal note:Courier or personal delivery

    (2) A document that is sent by courier or personal delivery is filed with the Agency and received by the other parties on the date of its delivery if it is delivered to the Agency and the other parties at or before 5:00 p.m. Gatineau local time on a business day. A document that is delivered after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day.

Marginal note:Filing after time limit
  •  (1) A person must not file a document after the end of the applicable time limit for filing the document unless a request has been filed under subsection 30(1) and the request has been granted by the Agency.

  • Marginal note:Filing not provided for in Rules

    (2) A person must not file a document whose filing is not provided for in these Rules unless a request has been filed under subsection 34(1) and the request has been granted by the Agency.

  • Marginal note:Failure to comply

    (3) A document that is filed in contravention of subsection (1) or (2) will not be placed on the Agency’s record.

Language of Documents

Marginal note:English or French
  •  (1) Every document filed with the Agency must be in either English or French.

  • Marginal note:Translation

    (2) If a person files a document that is in a language other than English or French, they must at the same time file an English or French translation of the document and the information referred to in Schedule 1.

  • Marginal note:Treated as original

    (3) The translation is treated as the original for the purposes of the dispute proceeding.

Amended Documents

Marginal note:Substantive amendment
  •  (1) If a person proposes to make a substantive amendment to a previously filed document, they must file a request under subsection 33(1).

  • Marginal note:Identification of amendment

    (2) A person that files a document that amends a previously filed document, whether the amendment is substantive or not, must ensure that the amendment is clearly identified in the document and that the word “AMENDED” appears in capital letters in the top right corner of the first page.

 
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