Canada Transportation Act

Marginal note:Arbitrator’s decision

169.37 The arbitrator’s decision must establish any operational term described in paragraph 169.31(1)(a), (b) or (c), any term for the provision of a service described in paragraph 169.31(1)(d) or any term with respect to the application of a charge described in paragraph 169.31(1)(e), or any combination of those terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration. In making his or her 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 service obligations under section 113 to other shippers and the railway company’s obligations to persons and other companies under section 114;

• (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.