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

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.

Marginal note:Joining of applications

39 The Agency may, at the request of a party, join two or more applications and consider them together in one dispute proceeding to provide for a more efficient and effective process.

Marginal note:Conference

• 40 (1) The Agency may, at the request of a party, require the parties to attend a conference by a means of telecommunication or by personal attendance for the purpose of

  • (a) encouraging settlement of the dispute;

  • (b) formulating, clarifying or simplifying the issues;

  • (c) determining the terms of amendment of any document;

  • (d) obtaining the admission of certain facts or determining whether the verification of those facts by affidavit should be required;

  • (e) establishing the procedure to be followed in the dispute proceeding;

  • (f) providing for the exchange by the parties of documents proposed to be submitted;

  • (g) establishing a process for the identification and treatment of confidential information;

  • (h) discussing the appointment of experts; and

  • (i) resolving any other issues to provide for a more efficient and effective process.

• Marginal note:Written submissions

  (2) The parties may be required to file written submissions on any issue that is discussed at the conference.

• Marginal note:Minutes

  (3) Minutes are prepared in respect of the conference and placed on the Agency’s record.

• Marginal note:Agency decision or direction

  (4) The Agency may issue a decision or direction on any issue discussed at the conference without further submissions from the parties.

Marginal note:Stay of dispute proceeding

• 41 (1) The Agency may, at the request of a party, stay a dispute proceeding in any of the following circumstances:

  • (a) a decision is pending on a preliminary question in respect of the dispute proceeding;

  • (b) a decision is pending in another proceeding or before any court in respect of an issue that is the same as or substantially similar to one raised in the dispute proceeding;

  • (c) a party to the dispute proceeding has not complied with a requirement of these Rules or with a procedural direction issued by the Agency;

  • (d) the Agency considers it just and reasonable to do so.

• Marginal note:Stay of decision or order

  (2) The Agency may, at the request of a party, stay a decision or order of the Agency in any of the following circumstances:

  • (a) a review or re-hearing is being considered by the Agency under section 32 of the Act;

  • (b) a review is being considered by the Governor in Council under section 40 of the Act;

  • (c) an application for leave to appeal is made to the Federal Court of Appeal under section 41 of the Act;

  • (d) the Agency considers it just and reasonable to do so.

• Marginal note:Stay — terms and conditions

  (3) In staying a dispute proceeding or a decision or order, the Agency may impose any terms and conditions that it considers to be just and reasonable.

Marginal note:Notice of intention to dismiss application

• 42 (1) The Agency may, by notice to the applicant and before considering the issues raised in the application, require that the applicant justify why the Agency should not dismiss the application if the Agency is of the preliminary view that

  • (a) the Agency does not have jurisdiction over the subject matter of the application;

  • (b) the dispute proceeding would constitute an abuse of process; or

  • (c) the application contains a fundamental defect.

• Marginal note:Response

  (2) The applicant must respond to the notice within 10 business days after the date of the notice, failing which the application may be dismissed without further notice.

• Marginal note:Opportunity to comment

  (3) The Agency may provide any other party with an opportunity to comment on whether or not the application should be dismissed.

Transitional Provision, Repeal and Coming into Force

Transitional Provision

Marginal note:SOR/2005-35

43 The Canadian Transportation Agency General Rules, as they read immediately before the coming into force of these Rules, continue to apply to all proceedings before the Agency that were commenced before the coming into force of these Rules except proceedings in respect of which the application filed before that time was not complete.

Repeal

44 [Repeal]

Coming into Force

Marginal note:June 4, 2014

45 These Rules come into force on June 4, 2014, but if they are published after that day, they come into force on the day on which they are published.