Pipeline Arbitration Committee Procedure Rules, 1986 (SOR/86-787)

4 (1) Where, pursuant to section 75.12 of the Act, a company serves notice of arbitration on an owner of lands and the Minister, the notice of arbitration shall

• (a) be dated and signed by the counsel for the company or by an officer authorized to sign on behalf of the company;

• (b) set out the grounds for the arbitration, a clear and concise statement of the relevant facts and the nature of the decision sought;

• (c) be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as possible to a separate and distinct portion of the subject-matter of the notice of arbitration;

• (d) set out the name and address of the company and, if the notice of arbitration is signed by the counsel for the company, the name and address of the counsel;

• (e) set out the description of the lands of the owner required by the company and be accompanied by a plan showing the location of the lands;

• (f) set out the amount of compensation, if any, that the company is offering to pay to the owner for the lands;

• (g) be accompanied by an appraisal report showing all the facts taken into account by the company in arriving at the amount of compensation offered for the lands and stating, where applicable,

  • (i) the value assigned by the company to the lands exclusive of the improvements to or, things grown on the lands, including a consideration of the current use of the lands, the zoning, the developments projected and any other factor that might affect the lands,

  • (ii) the value assigned by the company to the improvements to and things grown on the lands, and

  • (iii) the estimated amount of the damage to the remaining lands of the owner;

• (h) be accompanied by a certified copy of the title of the lands or a current abstract of the title of the lands;

• (i) set out the names and addresses of all the parties known by the company to have an interest in the lands;

• (j) set out that the respondent has 30 days in which to file his reply; and

• (k) where the notice of arbitration is served to settle any claim for damages by the owner arising out of the operations of the company, contain a complete description and evaluation of the damages and set out the amount that the company is offering to pay, if any.

(2) Where, pursuant to section 75.12 of the Act, an owner of lands serves notice of arbitration on a company and the Minister, the notice of arbitration shall

• (a) be dated and signed by the owner or the counsel for the owner;

• (b) set out the grounds for the arbitration, a clear and concise statement of the relevant facts and the nature of the decision sought;

• (c) be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as possible to a separate and distinct portion of the subject-matter of the notice of arbitration;

• (d) set out the name and address of the owner and, if the notice of arbitration is signed by the counsel for the owner, the name and address of the counsel;

• (e) set out the description and the location of the lands required by the company;

• (f) set out the estimated expenses of relocation for the owner, if applicable;

• (g) set out that the respondent has 30 days in which to file his reply; and

• (h) where the notice of arbitration is served to settle any claim for damages by the owner arising out of the operations of the respondent, set out a complete description and evaluation of the damages.