Rules of Procedure for Rail Level of Service Arbitration (SOR/2014-94)

Arbitration Hearing

Marginal note:Place of arbitration hearing

• 17 (1) Subject to subsections (2) and (3), the arbitration hearing is to be held at the head office of the Agency.

• Marginal note:Electronic means

  (2) The arbitrator may, if circumstances justify it, conduct all or part of the hearing by means of electronic communication, such as webcasting, video conferencing or teleconferencing.

• Marginal note:Change of location

  (3) On the request of a party, the arbitrator may conduct all or any part of the arbitration hearing at another location for the purpose of hearing witnesses, experts or the parties or of inspecting documents, goods or other property, if he or she determines that it would be more practical or that it is necessary to do so.

Marginal note:Transcript of arbitration hearing

• 18 (1) No transcript of the arbitration hearing is to be taken, unless requested by the parties.

• Marginal note:Copy to arbitrator

  (2) If a transcript is requested by the parties, they must provide a copy to the arbitrator as soon as it is available.

Marginal note:Final oral argument

19 Subject to subsection 15(3) and section 23, each party must be permitted to present final oral arguments at the arbitration hearing.

Marginal note:Evidence

20 Information that has not been exchanged under subsection 169.34(3) of the Act is not to be introduced as evidence.

Marginal note:Manner of examination

• 21 (1) The manner in which witnesses are to be examined is to be determined by the arbitrator.

• Marginal note:Exclusion of witness

  (2) On the request of a party, the arbitrator may require a witness to be absent from the arbitration hearing during the testimony of other witnesses.

• Marginal note:Signed witness statement

  (3) If it was included in the party’s arbitration brief, a signed witness statement may replace the examination in chief of a party’s witness, in which case the witness is subject only to cross-examination and re-examination in respect of the statement.

• Marginal note:Absence of party

  (4) All witness testimony is to be given in the presence of the arbitrator and, except if a party is voluntarily absent or has defaulted in the context of subsection 15(3), in the presence of both parties.

Marginal note:Alternative to witness attendance

22 The arbitrator may, on the agreement of both parties, accept in evidence a signed witness statement or the affidavit of a witness in lieu of the attendance of the witness at the arbitration hearing.

Marginal note:Default of party

23 The arbitrator will continue the arbitration hearing despite the absence of a party if the party, without sufficient cause and in the absence of notice to the arbitrator, fails to appear at the hearing.

Marginal note:Close of hearing

24 The arbitrator may close the arbitration hearing if the parties, after inquiry by the arbitrator, confirm that they have no further evidence to present or submissions to make or if the arbitrator determines that, because he or she has sufficient understanding of the matters and of each party’s position, it is unnecessary to continue the hearing.

Marginal note:Record of arbitration hearing

25 The record of the arbitration consists of the following documents:

• (a) the written notice referred to in paragraph 169.33(1)(a) of the Act;

• (b) the shipper’s submission for arbitration;

• (c) each party’s proposal;

• (d) each party’s arbitration brief;

• (e) exhibits produced at the hearing; and

• (f) any applicable order made by the Agency under section 169.43 of the Act.

Arbitrator’s Decision

Marginal note:Arbitration decision

• 26 (1) The arbitrator’s decision must be made within seven days after the day on which the arbitration hearing ends.

• Marginal note:Copy of decision to parties

  (2) The arbitrator must provide each party with a signed copy of the decision.

Marginal note:Minor corrections

27 Within two business days after the day on which they receive the arbitrator’s decision, a party may apply to the arbitrator to correct

• (a) a clerical or typographical error;

• (b) an accidental error, slip, omission or other similar mistake; or

• (c) an error in calculation.

Coming into Force

Marginal note:Registration

28 These Rules come into force on the day on which they are registered.