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

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.