Rules of Procedure for Rail Level of Service Arbitration
The Canadian Transportation Agency, pursuant to subsection 169.36(1)Footnote a of the Canada Transportation ActFootnote b, makes the annexed Rules of Procedure for Rail Level of Service Arbitration.
Interpretation, Definitions and Application
Marginal note:Just, expeditious, inexpensive
(2) These Rules are to be interpreted and applied in a manner that facilitates, through arbitration, the just, expeditious and inexpensive resolution of the dispute.
2 The following definitions apply in these Rules.
Act means the Canada Transportation Act. (Loi)
- business day
business day means a day on which the Agency is ordinarily open for business. (jour ouvrable)
day means a calendar day. (jour)
document includes any information recorded or saved in any form. (document)
3 These Rules set out the procedure for an arbitration conducted under Division II of Part IV of the Act.
Marginal note:Dispensing and amending
Marginal note:Time limits
(2) The arbitrator may extend or abridge any time limit established under these Rules either before or after the time limit expires.
5 If any information relating to the arbitration is to be kept confidential, every person who will have access to the information in the course of the arbitration must sign a confidentiality agreement before they obtain access to the information.
Marginal note:Last day
6 The last day for doing an act or meeting any other requirement under these Rules applies even if that day is not a business day.
Marginal note:Language of arbitration — agreement of parties
7 (1) If the parties are in agreement on the official language in which the arbitration is to be conducted, they must advise the Agency accordingly by submitting a written notice along with each of their proposals.
Marginal note:Determined by arbitrator
(2) If the parties fail to provide notice to the Agency, the language of the arbitration is to be determined by the arbitrator.
Marginal note:Translation services
(3) A party that requires translation services in order to consult any document produced in either official language by the other party must make arrangements to obtain those services.
Marginal note:Simultaneous translation services
(4) A party that requires simultaneous translation services in order to participate in the arbitration, or in order that one of their witnesses may present evidence in the language of the arbitration, must, at least seven days before the services are required, provide notice in writing of the requirement to the Agency.
Marginal note:Providing documents
Marginal note:Delivery — effective
(2) Delivery of a document to a party is effective on the day on which the document is received at the address of the party or of their legal counsel or other authorized representative, if any.
Marginal note:Email or facsimile — effective
(3) Email or facsimile transmission of a document is effective at the time that the email or facsimile is transmitted.
Marginal note:Irregular transmission
(4) If a document that is transmitted by email or facsimile is not received or is only partially received, the sender must, as soon as feasible after receiving a request from the recipient, deliver a paper copy of the document to the recipient.
Marginal note:Oral communication with arbitrator
Marginal note:Written communication
(2) A party or their legal counsel or authorized representative must not write to the arbitrator without providing a copy of the communication to the other party at the same time.
Marginal note:Arbitrator’s mandatory disclosure
10 Within 24 hours after the day on which a matter is referred for arbitration under subsection 169.35(1) of the Act, the arbitrator must provide a signed declaration to the parties that discloses any situation of which he or she is aware that could place him or her in a conflict of interest or that could give rise to a reasonable apprehension of bias in the context of the arbitration.
Marginal note:Lack of impartiality or conflict of interest
11 (1) If a party is of the view that an arbitrator is unable to perform his or her duties impartially or is in a conflict of interest in the context of the arbitration, the party must advise the Agency by written notice without delay, setting out the reasons for their claim.
Marginal note:Decision within three days
(2) The Chairperson must decide on the claim and notify the parties within three business days after the day on which written notice of the claim is received by the Agency.
(a) the arbitrator becomes unable to continue to perform his or her duties;
(b) the arbitrator informs the Agency that he or she is no longer able to act as arbitrator or considers himself or herself unable to perform the duties of arbitrator without giving rise to a reasonable apprehension of bias or because of a conflict of interest; or
(c) the Chairperson decides, following written notice from a party, that the arbitrator cannot continue to perform his or her duties without giving rise to a reasonable apprehension of bias or because of a conflict of interest.
Marginal note:Hearings to be repeated
(2) If an arbitrator is replaced, any hearings previously held must be repeated.
General Powers of Arbitrator
Marginal note:Role of arbitrator
13 The arbitrator may, among other things,
(a) encourage and assist the parties in settling the dispute or any of the matters in dispute at all times until the end of the first pre-arbitration meeting;
(b) order the adjournment of the arbitration, if required;
(c) order the inspection of documents, goods or other property, including a site visit;
(d) give directions on questions of procedure that do not deal with the substance of the dispute, including those that arise in the course of pre-arbitration meetings;
(e) request further statements to clarify matters in dispute;
(f) in exceptional circumstances and if there is no prejudice to the parties, dispense with an oral hearing and order that all arguments and evidence be presented in writing; and
(g) as required, appoint one or more independent external experts to report on specific issues.
Steps Preceding Hearing
Marginal note:First pre-arbitration meeting
14 (1) Within four days after the day on which the arbitrator is chosen in accordance with subsection 169.35(1) of the Act, he or she must convene a pre-arbitration meeting for the purpose, among other things, of
(a) encouraging settlement by the parties of the dispute, or of any matter in dispute;
(b) clarifying matters in dispute;
(c) determining whether there is consensus between the parties on any relevant facts, and if so, ordering the parties to produce an agreed statement of facts;
(d) determining the time required for the arbitration hearing, which should normally not exceed five days;
(e) fixing the date of the arbitration hearing;
(f) establishing a timetable for the completion of all pre-arbitration matters, including
(g) establishing the order of proceedings at the arbitration hearing; and
(h) deciding any other procedural matters in respect of the arbitration.
Marginal note:Type of meeting
(2) The meeting may be conducted in person or by means of electronic communication, such as webcasting, video conferencing or teleconferencing.
Marginal note:Meeting summary
(3) Within three days after the day on which the meeting takes place, the arbitrator must provide a summary of the meeting to the parties that outlines, among other things, any agreements reached and decisions rendered, the time, date and place, if applicable, of the second pre-arbitration meeting and the time, date and place of the arbitration hearing.
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