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

8 (1) Where the respondent is a company that is not the owner of the lands in question, the reply referred to in section 7 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 a clear and concise statement of the company’s reasons for opposing the decision that the owner sought in his notice or arbitration;

• (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 reply;

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

• (e) admit or deny each fact alleged in the notice of arbitration;

• (f) set out a description of the lands required by the company, if the company disagrees with the description of the lands set out in the owner’s notice of arbitration, and be accompanied by a plan showing the location of the lands;

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

• (h) be accompanied by an appraisal report showing all the facts taken into account by the company in arriving at the amount of compensation offered and setting out, 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 or things grown on the lands, and

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

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

• (j) set out the names and addresses of all the parties known by the company to have an interest in the lands; 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, set out a complete description and evaluation of the damages and the amount the company is offering to pay, if any.

(2) Where a respondent is the owner of the lands in question, the reply referred to in section 7 shall

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

• (b) set out a clear and concise statement of the owner’s reasons for opposing the decision that the company sought in its notice of arbitration;

• (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 reply;

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

• (e) admit or deny each fact alleged in the notice of arbitration;

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

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