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).
Return to footnote aS.C. 1996, c. 10
Gatineau, April 29, 2014
1 The following definitions apply in these Rules.
Act means the Canada Transportation Act. (Loi)
affidavit means a written statement confirmed by oath or a solemn declaration. (affidavit)
applicant means a person that files an application with the Agency. (demandeur)
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 includes any information that is recorded in any form. (document)
intervener means a person whose request to intervene filed under section 29 has been granted. (intervenant)
party means an applicant, a respondent or a person that is named by the Agency as a party. (partie)
person includes a partnership and an unincorporated association. (personne)
proceeding means any matter that is commenced by application to the Agency, whether contested or not. (instance)
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)
Marginal note:Dispute proceedings
2 Subject to sections 3 and 4, these Rules apply to dispute proceedings other than a matter that is the subject of mediation.
3 In all proceedings, one member constitutes a quorum.
Marginal note:Principle of proportionality
4 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.
Interpretation and Dispensing with Compliance
Marginal note:Interpretation of Rules
5 (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
6 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: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
8 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
9 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
10 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
11 (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
12 (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
(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.
Marginal note:Substantive amendment
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
15 (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
16 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.
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