Marginal note:Notice of intention to dismiss application
  •  (1) The Agency may, by notice to the applicant and before considering the issues raised in the application, require that the applicant justify why the Agency should not dismiss the application if the Agency is of the preliminary view that

    • (a) the Agency does not have jurisdiction over the subject matter of the application;

    • (b) the dispute proceeding would constitute an abuse of process; or

    • (c) the application contains a fundamental defect.

  • Marginal note:Response

    (2) The applicant must respond to the notice within 10 business days after the date of the notice, failing which the application may be dismissed without further notice.

  • Marginal note:Opportunity to comment

    (3) The Agency may provide any other party with an opportunity to comment on whether or not the application should be dismissed.

Transitional Provision, Repeal and Coming into Force

Transitional Provision

Marginal note:SOR/2005-35

 The Canadian Transportation Agency General Rules, as they read immediately before the coming into force of these Rules, continue to apply to all proceedings before the Agency that were commenced before the coming into force of these Rules except proceedings in respect of which the application filed before that time was not complete.

Repeal

 [Repeal]

Coming into Force

Marginal note:June 4, 2014

 These Rules come into force on June 4, 2014, but if they are published after that day, they come into force on the day on which they are published.

 
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