Canada Transportation Act

Marginal note:Arbitrator’s decision

• 169.37 (1) The arbitrator’s decision must establish the following terms, or any combination of the following terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration:

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

  • (b) 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;

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

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

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

• Marginal note:Elements to consider

  (2) In making the decision, the arbitrator must have regard to the following:

  • (a) the traffic to which the service obligations relate;

  • (b) the service that the shipper requires with respect to the traffic;

  • (c) any undertaking described in paragraph 169.32(1)(c) that is contained in the shipper’s submission;

  • (d) the railway company’s obligations under this Act in respect of the operation of the railway;

  • (e) the railway company’s obligations, if any, with respect to a public passenger service provider;

  • (f) the railway company’s and the shipper’s operational requirements and restrictions;

  • (g) the question of whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the service obligations relate; and

  • (h) any information that the arbitrator considers relevant.

• Marginal note:Efficiency

  (3) The arbitrator shall establish a term with respect to an amount described in paragraph 169.31(1)(c.1) in a manner that encourages the efficient movement of the shipper’s traffic and the performance of the railway system and that is balanced between the shipper and the railway company.