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

Regulations are current to 2021-02-15

Steps Preceding Hearing (continued)

Marginal note:Exchange of arbitration briefs

  •  (1) Each party must provide their arbitration brief to the arbitrator and to the other party in accordance with the timetable established at the first pre-arbitration meeting.

  • Marginal note:Content

    (2) Each party’s arbitration brief must contain

    • (a) the material facts in support of the party’s position;

    • (b) the agreed statement of facts ordered by the arbitrator, if applicable;

    • (c) documentary evidence that the party intends to produce at the arbitration hearing in support of their position and that is selected from information exchanged under subsection 169.34(3) of the Act, including, in respect of any written opinion from an expert who is to give evidence at the hearing,

      • (i) the qualifications of the expert,

      • (ii) the expert’s opinion, and

      • (iii) the facts upon which the expert’s opinion is based;

    • (d) a description of the oral evidence to be presented at the arbitration hearing or signed witness statements; and

    • (e) the arguments in support of the party’s position, set out in concise numbered paragraphs, including references linking each argument to the relevant evidence referred to in paragraph (c) or (d).

  • Marginal note:Failure to deliver arbitration brief

    (3) A party that fails to deliver an arbitration brief in accordance with the established timetable is not entitled to participate further in the arbitration and the arbitration continues without that arbitration brief.

Marginal note:Optional second pre-arbitration meeting

  •  (1) If a second pre-arbitration meeting is to be held, the arbitrator must convene it for the purpose, among other things, of

    • (a) further clarifying matters in dispute;

    • (b) confirming the time required for the arbitration hearing;

    • (c) settling an agreed statement of facts, if applicable;

    • (d) determining which witnesses will attend the arbitration hearing and the dates and times of their attendance;

    • (e) confirming the order of proceedings at the arbitration hearing; and

    • (f) 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 any decisions rendered.

Arbitration Hearing

Marginal note:Place of arbitration hearing

  •  (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

  •  (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

 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

 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

  •  (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

 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

 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

 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

 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

  •  (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

 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

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

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