Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings) (SOR/2014-104)

Written Questions and Production of Documents

Marginal note:Notice

• 24 (1) A party may, by notice, request that any party that is adverse in interest respond to written questions that relate to the matter in dispute or produce documents that are in their possession or control and that relate to the matter in dispute. The notice must include the information referred to in Schedule 11 and must be filed

  • (a) in the case of written questions, before the close of pleadings; and

  • (b) in the case of the production of documents, within five business days after the day on which the party becomes aware of the documents or before the close of pleadings, whichever is earlier.

• Marginal note:Response to notice

  (2) The party to which a notice has been given must, within five business days after the day on which they receive a copy of the notice, file a complete response to each question or the requested documents, as the case may be, accompanied by the information referred to in Schedule 12.

• Marginal note:Objection

  (3) If a party wishes to object to a question or to producing a document, that party must, within the time limit set out in subsection (2), file an objection that includes

  • (a) a clear and concise explanation of the reasons for the objection including, as applicable, the relevance of the information or document requested and their availability for production;

  • (b) any document that is relevant in explaining or supporting the objection; and

  • (c) any other information or document that is in the party’s possession or control and that would be of assistance to the party making the request.

Expedited Process

Marginal note:Decision to apply expedited process

• 25 (1) The Agency may, at the request of a party under section 28, decide that an expedited process applies to an answer under section 19 and a reply under section 20 or to any request filed under these Rules.

• Marginal note:Time limits for filing — answer and reply

  (2) If an expedited process applies to an answer under section 19 and a reply under section 20, the following time limits apply:

  • (a) the answer must be filed within five business days after the date of the notice indicating that the application has been accepted; and

  • (b) the reply must be filed within three business days after the day on which the applicant receives a copy of the answer.

• Marginal note:Time limits for filing — request

  (3) If an expedited process applies to a request filed under these Rules, the following time limits apply:

  • (a) any response to a request must be filed within two business days after the day on which the person who is responding to the request receives a copy of the request; and

  • (b) any reply to a response must be filed within one business day after the day on which the person who is replying to the response receives a copy of the response.

Close of Pleadings

Marginal note:Normal process

• 26 (1) Subject to subsection (2), pleadings are closed

  • (a) if no answer is filed, 20 business days after the date of the notice indicating that the application has been accepted;

  • (b) if an answer is filed and no additional documents are filed after that answer, 25 business days after the date of the notice indicating that the application has been accepted; or

  • (c) if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules.

• Marginal note:Expedited process

  (2) Under the expedited process, pleadings are closed

  • (a) if no answer is filed, seven business days after the date of the notice indicating that the application has been accepted;

  • (b) if an answer is filed and no additional documents are filed after that answer, 10 business days after the date of the notice indicating that the application has been accepted; or

  • (c) if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules.

Requests

General Request

Marginal note:Filing of request

• 27 (1) A person may file a request for a decision on any issue that arises within a dispute proceeding and for which a specific request is not provided for under these Rules. The request must be filed as soon as feasible but, at the latest, before the close of pleadings and must include the information referred to in Schedule 13.

• Marginal note:Response

  (2) Any party may file a response to the request. The response must be filed within five business days after the day on which they receive a copy of the request and must include the information referred to in Schedule 14.

• Marginal note:Reply

  (3) The person that filed the request may file a reply to the response. The reply must be filed within two business days after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.

• Marginal note:No new issues

  (4) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.

Specific Requests

Request for Expedited Process

Marginal note:Expedited process

• 28 (1) A party may file a request to have an expedited process applied to an answer under section 19 and a reply under section 20 or to another request filed under these Rules. The request must include the information referred to in Schedule 13.

• Marginal note:Justification for request

  (2) The party filing the request must demonstrate to the satisfaction of the Agency that adherence to the time limits set out in these Rules would cause them financial or other prejudice.

• Marginal note:Time limit for filing

  (3) The request must be filed

  • (a) if the request is to have an expedited process apply to an answer and a reply,

    • (i) in the case of an applicant, at the time that the application is filed, or

    • (ii) in the case of a respondent, within one business day after the date of the notice indicating that the application has been accepted; or

  • (b) if the request is to have an expedited process apply to another request,

    • (i) in the case of a person filing the other request, at the time that that request is filed, or

    • (ii) in the case of a person responding to the other request, within one business day after the day on which they receive a copy of that request.

• Marginal note:Response

  (4) Any party may file a response to the request. The response must be filed within one business day after the day on which they receive a copy of the request and must include the information referred to in Schedule 14.

• Marginal note:Reply

  (5) The party that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.

• Marginal note:No new issues

  (6) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.

Request to Intervene

Marginal note:Request to intervene

• 29 (1) A person that has a substantial and direct interest in a dispute proceeding may file a request to intervene. The request must be filed within 10 business days after the day on which the person becomes aware of the application or before the close of pleadings, whichever is earlier, and must include the information referred to in Schedule 16.

• Marginal note:Limits and conditions

  (2) If the Agency grants the request, it may set limits and conditions on the intervener’s participation in the dispute proceeding.

Request to Extend or Shorten Time Limit

Marginal note:Extend or shorten

• 30 (1) A person may file a request to extend or shorten a time limit that applies in respect of a dispute proceeding. The request may be filed before or after the end of the time limit and must include the information referred to in Schedule 13.

• Marginal note:Response

  (2) Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include the information referred to in Schedule 14.

• Marginal note:Reply

  (3) The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.

• Marginal note:No new issues

  (4) The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.

Request for Confidentiality

Marginal note:Confidential treatment

• 31 (1) A person may file a request for confidentiality in respect of a document that they are filing. The request must include the information referred to in Schedule 17 and must be accompanied by, for each document identified as containing confidential information,

  • (a) one public version of the document from which the confidential information has been redacted; and

  • (b) one confidential version of the document that identifies the confidential information that has been redacted from the public version of the document and that includes, at the top of each page, the words: “CONTAINS CONFIDENTIAL INFORMATION” in capital letters.

• Marginal note:Agency’s record

  (2) The request for confidentiality and the public version of the document from which the confidential information has been redacted are placed on the Agency’s public record. The confidential version of the document is placed on the Agency’s confidential record pending a decision of the Agency on the request for confidentiality.

• Marginal note:Request for disclosure

  (3) Any party may oppose a request for confidentiality by filing a request for disclosure. The request must be filed within five business days after the day on which they receive a copy of the request for confidentiality and must include the information referred to in Schedule 18.

• Marginal note:Response to request for disclosure

  (4) The person that filed the request for confidentiality may file a response to a request for disclosure. The response must be filed within three business days after the day on which they receive a copy of the request for disclosure and must include the information referred to in Schedule 14.

• Marginal note:Agency’s decision

  (5) The Agency may

  • (a) if the Agency determines that the document is not relevant to the dispute proceeding, decide to not place the document on the Agency’s record;

  • (b) if the Agency determines that the document is relevant to the dispute proceeding and that no specific direct harm would likely result from its disclosure or that any demonstrated specific direct harm is not sufficient to outweigh the public interest in having it disclosed, decide to place the document on the Agency’s public record; or

  • (c) if the Agency determines that the document is relevant to the dispute proceeding and that the specific direct harm likely to result from its disclosure justifies confidentiality,

    • (i) decide to confirm the confidentiality of the document or any part of it and keep the document or part of the document on the Agency’s confidential record,

    • (ii) decide to place a version of the document or any part of it from which the confidential information has been redacted on the Agency’s public record,

    • (iii) decide to keep the document or any part of it on the Agency’s confidential record but require that the person requesting confidentiality provide a copy of the document or part of the document in confidence to any party to the dispute proceeding, or to certain of their advisors, experts and representatives, as specified by the Agency, after the person requesting confidentiality has received a signed undertaking of confidentiality from the person to which the copy is to be provided, or

    • (iv) make any other decision that it considers just and reasonable.

• Marginal note:Filing of undertaking of confidentiality

  (6) The original copy of the undertaking of confidentiality must be filed with the Agency.

Request to Require Party to Provide Complete Response

Marginal note:Requirement to respond

• 32 (1) A party that has given notice under subsection 24(1) may, if they are not satisfied with the response to the notice or if they wish to contest an objection to their request, file a request to require the party to which the notice was directed to provide a complete response. The request must be filed within two business days after the day on which they receive a copy of the response to the notice or the objection, as the case may be, and must include the information referred to in Schedule 13.

• Marginal note:Agency’s decision

  (2) The Agency may do any of the following:

  • (a) require that a question be answered in full or in part;

  • (b) require that a document be provided;

  • (c) require that a party submit secondary evidence of the contents of a document;

  • (d) require that a party produce a document for inspection only;

  • (e) deny the request in whole or in part.