Canada Transportation Act

Marginal note:Submission of proposals

• 169.34 (1) Despite any application filed under section 169.43, the shipper and the railway company must each submit, within 10 days after the day on which a copy of a submission is served under subsection 169.32(2), to the Agency, in order to resolve the matters that are submitted to it for arbitration by the shipper, a proposal that contains any of the following terms:

  • (a) any operational term described in paragraph 169.31(1)(a), (b) or (c);

  • (a.1) any term with respect to an amount described in paragraph 169.31(1)(c.1), if the matter in respect of the amount has been submitted by the shipper for arbitration;

  • (b) any term for the provision of a service described in paragraph 169.31(1)(d);

  • (c) any term with respect to the application of a charge described in paragraph 169.31(1)(e); or

  • (d) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f).

• Marginal note:Proposals provided to parties

  (2) The Agency must provide the shipper and the railway company with a copy of the other party’s proposal immediately after the day on which it receives the last of the two proposals.

• Marginal note:Exchange of information

  (3) The parties must exchange the information that they intend to submit to the arbitrator in support of their proposals within 20 days after the day on which a copy of a submission is served under subsection 169.32(2) or within a period agreed to by the parties or fixed by the arbitrator.

• Marginal note:Exception

  (4) Unless the parties agree otherwise, a party to the arbitration is not, in support of the proposal it submits under subsection (1), to refer to any offer, or any part of an offer, that was made to it — before a copy of the submission is served under subsection 169.32(2) — by the other party to the arbitration for the purpose of entering into a confidential contract.

• Marginal note:If no proposal from party

  (5) If one party does not submit a proposal in accordance with subsection (1), the proposal submitted by the other party is the arbitrator’s decision made under section 169.37.