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

Regulations are current to 2023-01-11 and last amended on 2014-06-04. Previous Versions

Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings)

SOR/2014-104

CANADA TRANSPORTATION ACT

Registration 2014-05-05

Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings)

The Canadian Transportation Agency, pursuant to section 17 of the Canada Transportation ActFootnote a, makes the annexed Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings).

Gatineau, April 29, 2014

GEOFFREY C. HARE
Chairperson
Canadian Transportation Agency
SAM BARONE
Vice-Chairperson
Canadian Transportation Agency

Interpretation

Marginal note:Definitions

 The following definitions apply in these Rules.

Act

Act means the Canada Transportation Act. (Loi)

affidavit

affidavit means a written statement confirmed by oath or a solemn declaration. (affidavit)

applicant

applicant means a person that files an application with the Agency. (demandeur)

application

application means a document that is filed to commence a proceeding before the Agency under any legislation or regulations that are administered in whole or in part by the Agency. (demande)

business day

business day means a day that the Agency is ordinarily open for business. (jour ouvrable)

dispute proceeding

dispute proceeding means any contested matter that is commenced by application to the Agency. (instance de règlement des différends)

document

document includes any information that is recorded in any form. (document)

intervener

intervener means a person whose request to intervene filed under section 29 has been granted. (intervenant)

party

party means an applicant, a respondent or a person that is named by the Agency as a party. (partie)

person

person includes a partnership and an unincorporated association. (personne)

proceeding

proceeding means any matter that is commenced by application to the Agency, whether contested or not. (instance)

respondent

respondent means a person that is named as a respondent in an application and any person that is named by the Agency as a respondent. (défendeur)

Application

Marginal note:Dispute proceedings

 Subject to sections 3 and 4, these Rules apply to dispute proceedings other than a matter that is the subject of mediation.

All Proceedings

Marginal note:Quorum

 In all proceedings, one member constitutes a quorum.

Marginal note:Principle of proportionality

 The Agency is to conduct all proceedings in a manner that is proportionate to the importance and complexity of the issues at stake and the relief claimed.

Dispute Proceedings

General

Interpretation and Dispensing with Compliance

Marginal note:Interpretation of Rules

  •  (1) These Rules are to be interpreted in a manner that facilitates the most expeditious determination of every dispute proceeding, the optimal use of Agency and party resources and the promotion of justice.

  • Marginal note:Agency’s initiative

    (2) Anything that may be done on request under these Rules may also be done by the Agency of its own initiative.

Marginal note:Dispensing with compliance and varying rule

 The Agency may, at the request of a person, dispense with compliance with or vary any rule at any time or grant other relief on any terms that will allow for the just determination of the issues.

Filing of Documents and Sending of Copy to Parties

Marginal note:Filing

  •  (1) Any document filed under these Rules must be filed with the Secretary of the Agency.

  • Marginal note:Agency’s public record

    (2) All filed documents are placed on the Agency’s public record unless the person filing the document files, at the same time, a request for confidentiality under section 31 in respect of the document.

Marginal note:Copy to parties

 A person that files a document must, on the same day, send a copy of the document to each party or, if a party is represented, to the party’s representative, except if the document is

  • (a) a confidential version of a document in respect of which a request for confidentiality is filed under section 31;

  • (b) an application; or

  • (c) a position statement.

Marginal note:Means of transmission

 Documents may be filed with the Agency and copies may be sent to the other parties by courrier, personal delivery, email, facsimile or other electronic means specified by the Agency.

Marginal note:Facsimile — cover page

 A person that files or sends a document by facsimile must include a cover page indicating the total number of pages transmitted, including the cover page, and the name and telephone number of a contact person if problems occur in the transmission of the document.

Marginal note:Electronic transmission

  •  (1) A document that is sent by email, facsimile or other electronic means is considered to be filed with the Agency and received by the other parties on the date of its transmission if it is sent at or before 5:00 p.m. Gatineau local time on a business day. A document that is sent after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day.

  • Marginal note:Courier or personal delivery

    (2) A document that is sent by courier or personal delivery is filed with the Agency and received by the other parties on the date of its delivery if it is delivered to the Agency and the other parties at or before 5:00 p.m. Gatineau local time on a business day. A document that is delivered after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day.

Marginal note:Filing after time limit

  •  (1) A person must not file a document after the end of the applicable time limit for filing the document unless a request has been filed under subsection 30(1) and the request has been granted by the Agency.

  • Marginal note:Filing not provided for in Rules

    (2) A person must not file a document whose filing is not provided for in these Rules unless a request has been filed under subsection 34(1) and the request has been granted by the Agency.

  • Marginal note:Failure to comply

    (3) A document that is filed in contravention of subsection (1) or (2) will not be placed on the Agency’s record.

Language of Documents

Marginal note:English or French

  •  (1) Every document filed with the Agency must be in either English or French.

  • Marginal note:Translation

    (2) If a person files a document that is in a language other than English or French, they must at the same time file an English or French translation of the document and the information referred to in Schedule 1.

  • Marginal note:Treated as original

    (3) The translation is treated as the original for the purposes of the dispute proceeding.

Amended Documents

Marginal note:Substantive amendment

  •  (1) If a person proposes to make a substantive amendment to a previously filed document, they must file a request under subsection 33(1).

  • Marginal note:Identification of amendment

    (2) A person that files a document that amends a previously filed document, whether the amendment is substantive or not, must ensure that the amendment is clearly identified in the document and that the word “AMENDED” appears in capital letters in the top right corner of the first page.

Verification by Affidavit or by Witnessed Statement

Marginal note:Verification of contents

  •  (1) If the Agency considers it just and reasonable, the Agency may, by notice, require that a person provide verification of the contents of all or any part of a document by affidavit or by witnessed statement.

  • Marginal note:Filing of verification

    (2) The verification by affidavit or by witnessed statement must be filed within five business days after the date of the notice referred to in subsection (1) and must include the information referred to in Schedule 2 or Schedule 3, respectively.

  • Marginal note:Failure to file verification

    (3) The Agency may strike the document or the part of the document in question from the Agency’s record if the person fails to file the verification.

Representation and Change of Contact Information

Marginal note:Representative not a member of the bar

 A person that is represented in a dispute proceeding by a person that is not a member of the bar of a province must authorize that person to act on their behalf by filing the information referred to in Schedule 4.

Marginal note:Change of contact information

 A person must, if the contact information they provided to the Agency changes during the course of a dispute proceeding, provide their new contact information to the Agency and the parties without delay.

Pleadings

Application

Marginal note:Filing of application

  •  (1) Any application filed with the Agency must include the information referred to in Schedule 5.

  • Marginal note:Application complete

    (2) If the application is complete, the parties are notified in writing that the application has been accepted.

  • Marginal note:Incomplete application

    (3) If the application is incomplete, the applicant is notified in writing and the applicant must provide the missing information within 20 business days after the date of the notice.

  • Marginal note:Closure of file

    (4) If the applicant fails to provide the missing information within the time limit, the file is closed.

  • Marginal note:New application

    (5) An applicant whose file is closed may file a new application in respect of the same matter.

Answer

Marginal note:Filing of answer

 A respondent may file an answer to the application. The answer must be filed within 15 business days after the date of the notice indicating that the application has been accepted and must include the information referred to in Schedule 6.

Reply

Marginal note:Filing of reply

  •  (1) An applicant may file a reply to the answer. The reply must be filed within five business days after the day on which they receive a copy of the answer and must include the information referred to in Schedule 7.

  • Marginal note:No new issues

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

Intervention

Marginal note:Filing of intervention

  •  (1) An intervener may file an intervention. The intervention must be filed within five business days after the day on which their request to intervene is granted by the Agency and must include the information referred to in Schedule 8.

  • Marginal note:Participation rights

    (2) An intervener’s participation is limited to the participation rights granted by the Agency.

Marginal note:Response to intervention

 An applicant or a respondent that is adverse in interest to an intervener may file a response to the intervention. The response must be filed within five business days after the day on which they receive a copy of the intervention and must include the information referred to in Schedule 9.

Position Statement

Marginal note:Filing of position statement

  •  (1) An interested person may file a position statement. The position statement must be filed before the close of pleadings and must include the information referred to in Schedule 10.

  • Marginal note:No participation rights

    (2) A person that files a position statement has no participation rights and is not entitled to receive any notice in the dispute proceeding.

Written Questions and Production of Documents

Marginal note:Notice

  •  (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

  •  (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.

 
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