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Marginal note:Arbitration

• 169.35 (1) Despite any application filed under section 169.43, the Agency must refer, within two business days after the day on which it receives the last of the two proposals, the matters for arbitration to be conducted by an arbitrator that it chooses.

• Marginal note:Arbitrator not to act in other proceedings

  (2) The arbitrator is not to act in any other proceedings in relation to a matter that is referred to him or her for arbitration.

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Marginal note:Investigation and assessment

• 154.6 (1) On receipt of a claim made under section 154.4, the Administrator shall investigate and assess it.

• (2) In investigating and assessing a claim, the Administrator shall consider whether the claim resulted wholly or partially from

  • (a) an act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; or

• (3) The Administrator shall reduce or nullify any amount of a claim that he or she would have otherwise assessed in proportion to the degree to which he or she is satisfied that the claim resulted from

  • (a) an act done or omitted to be done by the claimant with the intent to incur a loss, damage, cost or expense; or

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Marginal note:Power to order production

• 181.2 (1) The Agency may, by order, for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections60 to 62 of the Accessible Canada Act, direct any person who is required to comply with any provision of those regulations to produce, within the time and in the manner specified by the Agency, for examination or copying, any record, report, electronic data or other document that the Agency has reasonable grounds to believe contains information that is relevant to that purpose.

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Marginal note:Obligation following return

• 146.01 (1) If, by reason of the instrument or act by which a railway line or an operating interest in a railway line is transferred through the process set out in sections 143 to 145 or otherwise, the railway line or operating interest in the railway line returns to the railway company that transferred it, the railway company shall, within 60 days after the day on which the return takes place, resume operations of the line or follow the process set out in sections 143 to 145.

• Marginal note:No condition or obligation

  (2) If a railway line or operating interest in a railway line returns to a railway company that transferred it and the company decides to follow the process set out in sections 143 to 145 in respect of the railway line or operating interest, the company is not subject to subsection 142(2) in respect of the railway line or operating interest and has no obligations under this Act in respect of the operation of the railway line.

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Marginal note:Sections 26 and 37

155.98 For the purposes of sections 26 and 37, this Division is deemed not to be a part of an Act of Parliament that is referred to in those sections.

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