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

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.

Request to Amend Document

Marginal note:Amendment

• 33 (1) A person may, before the close of pleadings, file a request to make a substantive amendment to a previously filed document. The request must include the information referred to in Schedule 13 and a copy of the amended document that the person proposes to file.

• 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

  • (a) the information referred to in Schedule 14; and

  • (b) a description of any prejudice that would be caused to the party if the request were granted including, if applicable, an explanation of how the proposed amendments would hinder or delay the fair conduct of the dispute proceeding.

• 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.

• Marginal note:Agency’s decision

  (5) The Agency may

  • (a) deny the request; or

  • (b) approve the request in whole or in part and, if the Agency considers it just and reasonable to do so, provide parties that are adverse in interest with an opportunity to respond to the amended document.

Request to File Document Whose Filing is not Otherwise Provided for in Rules

Marginal note:Filing

• 34 (1) A person may file a request to file a document whose filing is not otherwise provided for in these Rules. The request must include the information referred to in Schedule 13 and a copy of the document that the person proposes to file.

• 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

  • (a) the information referred to in Schedule 14; and

  • (b) a description of any prejudice that would be caused to the party if the request were granted including, if applicable, an explanation of how the proposed filing would hinder or delay the fair conduct of the dispute proceeding.

• 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.

• Marginal note:Agency’s decision

  (5) The Agency may

  • (a) deny the request; or

  • (b) approve the request and, if pleadings are closed and if the Agency considers it just and reasonable to do so, reopen pleadings to provide the other parties with an opportunity to comment on the document.

Request to Withdraw Document

Marginal note:Withdrawal of document

• 35 (1) Subject to section 36, a person may file a request to withdraw any document that they filed in a dispute proceeding. The request must be filed before the close of pleadings and must include the information referred to in Schedule 13.

• Marginal note:Terms and conditions

  (2) If the Agency grants the request, it may impose any terms and conditions on the withdrawal that it considers just and reasonable, including the awarding of costs.

Request to Withdraw Application

Marginal note:Withdrawal of application

• 36 (1) An applicant may file a request to withdraw their application. The request must be filed before a final decision is made by the Agency in respect of the application and must include the information referred to in Schedule 13.

• Marginal note:Terms and conditions

  (2) If the Agency grants the request, it may impose any terms and conditions on the withdrawal that it considers just and reasonable, including the awarding of costs.

Case Management

Marginal note:Formulation of issues

37 The Agency may formulate the issues to be considered in a dispute proceeding in any of the following circumstances:

• (a) the documents filed do not clearly identify the issues;

• (b) the formulation would assist in the conduct of the dispute proceeding;

• (c) the formulation would assist the parties to participate more effectively in the dispute proceeding.

Marginal note:Preliminary determination

38 The Agency may, at the request of a party, determine that an issue should be decided as a preliminary question.