Vol. 139, No. 4 — February 23, 2005
Registration
P.C. 2005-144 February 8, 2005
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 36(1) of the Canada Transportation Act (see footnote b), hereby approves the making of the annexed Canadian Transportation Agency General Rules by the Canadian Transportation Agency.
1. Definitions
2. Application to all proceedings
3. Discretionary powers
4. Dispensing with or varying procedure
5. Extending or abridging time limits
6. Combining of proceedings
7. Failing to follow a rule
8. Interpretation Act
9. Secretary must be contacted
10. Same day filing and service
11. Filing of documents
12. Documents in English or French
13. Verification by affidavit
14.. Request to amend
15. Request to the other party
16. Notice in writing
17. Notice in writing
18. Requirement for additional information
19. Questions to other party
20. Serving and filing response
21. Reasons for formulation of issues
22. Determination prior to continuing a proceeding
23. Claim for confidentiality
24. Agency's powers
25. Procedure
26. Confidential Documents
27. Request
28. Agency's powers
29. Request for Stay
30. Agency's powers
31. Notice
32. Notice of motion
33. Requirement for affidavit
34. Examination under oath or solemn affirmation
35. Reasons for holding conference
36. When reasons to be given for orders and decisions
37. No oral hearing
38. Application to all applications
39. Pleadings — what they comprise
40. Form and content
41. Service
42. Form and content
43. Who may intervene
44. Applicant's reply
45. Time limits
46. Interested person
47. As soon as practicable
48. Definition of "hearing panel"
49. Application
50. Contents of notice
51. Application of certain provisions
52. Notice to Secretary
53. When failure to appear
54. Prohibition except if leave given
55. Evidence by affidavit
56. Prohibition
57. Obtaining subpoena
58. Order of proceeding
59. Opportunity to present evidence
60. Examination of witnesses
61. Oral Motion
62. Order of intervener evidence
63. Agency's powers
64. Agency's powers
65. By request
66. Agency's powers
COMPLAINTS BY AIR CARRIERS AGAINST OTHER AIR CARRIERS' TARIFFS APPLICABLE TO INTERNATIONAL SERVICES
67. Application
68. Pleadings — what they comprise
69. Time limits
70. Application
71. Pleadings — what they comprise
72. Form and content
73. Filing and service
74. Who may intervene
75. Filing of objector's reply to answer or intervention
76. Statement of reasons
77. Application to further steps
78. Repeal
79. Coming into force
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CANADIAN TRANSPORTATION
AGENCY GENERAL RULES |
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INTERPRETATION |
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| Definitions |
1. The definitions in this section apply in these Rules. |
"Act"
« Loi » |
"Act" means the Canada Transportation Act. |
"address"
« adresse » |
"address" includes an address for electronic transmission. |
"affidavit"
« affidavit » |
"affidavit" means a written statement confirmed by oath or a solemn affirmation. |
"application"
« demande »
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"application" means an application, made to the Agency, that commences a proceeding under the Act, any Regulations made under the Act or any other Act of Parliament under which the Agency has authority, and includes a complaint, an application under section 3 of the Railway Relocation and Crossing Act, an appeal under subsection 42(1) of the Civil Air Navigation Services Commercialization Act, a reference under sections 16 and 26 of the Railway Safety Act and a notice of objection under section 34 of the Pilotage Act. |
"Authority"
« administration de pilotage » |
"Authority" means a Pilotage Authority established by section 3 of the Pilotage Act. |
"complaint"
« plainte » |
"complaint" means a complaint made to the Agency that alleges anything to have been done or omitted to have been done in contravention of the Act, any Regulations made under the Act or any other Act of Parliament under which the Agency has authority, and includes
(a) a complaint under section 52 or 94 of the Canada Marine Act; and
(b) a complaint under section 13 of the Shipping Conferences Exemption Act, 1987. |
"day"
« jour » |
"day" means a period of 24 hours between 00:00 and 24:00. |
"decision"
« décision » |
"decision" includes any ruling, leave, sanction, approval and other determination that the Agency has the authority to make. |
"document"
« document » |
"document" includes any correspondence, memorandum, book, plan, map, drawing, diagram,
pictorial or graphic work, photograph, film, microform, sound recording, videotape, machine readable record and any other recorded material, regardless of its physical form or characteristics, and any copy of it. |
"electronic transmission"
« transmission électronique » |
"electronic transmission" includes the communication by facsimile, electronic mail or any other electronic means by which parties can communicate. |
"holiday"
« jour férié » |
"holiday" includes a Saturday and any day defined as a holiday in subsection 35(1) of the Interpretation Act. |
"interested person"
« personne intéressée » |
"interested person" means a person who has filed a submission under section 46. |
"intervener"
« intervenant » |
"intervener" means a person who has filed an intervention under subsection 43(2) or 74(2) and whose intervention has not been refused by the Agency. |
"objector"
« opposant » |
"objector" means a person who has filed a notice of objection under subsection 34(2) of the Pilotage Act. |
"party"
« partie » |
"party" means an applicant, a respondent, an intervener, a complainant, an appellant, an Authority or an objector. |
"person to be served"
or "person served"
« personne
signifiée » |
"person to be served" or "person served" includes a person's representative. |
"pleading"
« acte de procédure » |
"pleading" means a document in which a proceeding is commenced, defined, supported, objected to or answered, and includes an application, answer, intervention or reply. |
"proceeding"
« instance » |
"proceeding" includes an inquiry, complaint, investigation, appeal, objection and any other matter commenced by application to the Agency, but does not include a matter submitted to the Agency for final offer arbitration under subsection 161(1) of the Act. |
"Secretary"
« secrétaire » |
"Secretary" means the Secretary of the Agency or, in the absence of the Secretary, the person assigned by the Chairperson to act in the Secretary's absence. |
"working day"
« jour
ouvrable » |
"working day", in respect of the filing of a document with the Agency at its head office or a regional office, means a day on which offices of the Public Service of Canada are normally open in the province where the head office or regional office is situated. |
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PART 1 |
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RULES OF GENERAL APPLICATION |
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Application of This Part |
| Application to all proceedings |
2. Except when otherwise provided in these Rules, this Part applies in respect of all proceedings before the Agency. |
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Powers of Agency |
| Discretionary powers |
3. (1) When the Agency is given a discretion under these Rules, it shall exercise the discretion in a fair and expeditious manner. |
| General |
(2) The Agency may, with or without notice,
(a) do whatever is necessary to deal with anything that is not covered by these Rules; or
(b) do anything prescribed in these Rules on its own, even if the Rules state that a party must make a request or motion to the Agency. |
| Dispensing with or varying procedure |
4. In any proceeding, the Agency may dispense with or vary any of the provisions of these Rules. |
| Extending or abridging time limits |
5. In any proceeding, the Agency may extend or abridge the time limits set by these Rules, or otherwise set by the Agency, either before or after the expiry of the time limits. |
| Combining of proceedings |
6. The Agency may combine two or more proceedings in order to provide for a more expeditious process, as the circumstances and considerations of fairness permit. |
| Failing to follow a rule |
7. Failing to follow a requirement of these Rules does not, of itself, make a proceeding invalid, and the Agency may make all necessary amendments or grant other relief on any terms that will secure the just determination of the real matters in dispute or dispense with compliance with any rule at any time. |
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Computation of Time |
| Interpretation Act |
8. (1) Subject to subsections (2) and (3), the computation of time under these Rules, or under an order of the Agency, is governed by sections 26
to 30 of the Interpretation Act. |
| Period of less than seven days |
(2) If a period of less than seven days is provided for in these Rules or fixed by an order of the Agency, a day that is a holiday shall not be included in computing the period. |
| Calendar days |
(3) Any reference to a number of days for the doing of a thing is a reference to calendar days. |
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Communicating with the Agency |
| Secretary must be contacted |
9. To communicate with the Agency, a party must contact the Secretary. |
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Documents |
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Filing and Service of Documents |
| Same day filing and service |
10. If a person is required to both file a document with the Agency and serve a copy of the document on one or more parties, the filing and service shall be effected on the same day. |
| Filing of documents |
11. (1) Subject to subsection (2), a document shall be filed with the Agency by forwarding it to the Secretary in accordance with this section. |
| Filing of documents — oral hearing |
(2) Any document required to be filed during the course of an oral hearing may be filed with the registrar who is present at the hearing. |
| Manner of filing or service |
(3) Subject to subsection (4) and 57(3), documents shall be filed or served by hand delivery, regular or registered mail, courier or by other means of written communication, or by electronic transmission if the Agency or the person served has the necessary facilities for receiving documents in that manner. |
| Service during oral hearing |
(4) During the course of an oral hearing, service of any document may be effected by making a copy of the document available to each party present at the hearing and to any other person who requests a copy of the document. |
| Electronic transmission |
(5) A document filed or served by means of electronic transmission shall include the following information:
(a) the name, address and telephone and facsimile numbers of the person filing or serving the document;
(b) the date and time of the transmission; and
(c) if the document is served or filed by facsimile, the total number of pages transmitted, including the cover page and the name and telephone number of a contact person if problems occur in the transmission of the document. |
| Original may be required |
(6) If a person files or serves a document by electronic transmission, the Agency may require the person to provide the Agency or the person served, as the case may be, with the original document. |
| Date of filing and service |
(7) Subject to subsections (8) to (10), the filing or service of any document is effected when the document is received by the Agency or the person to be served. |
| Exception — regular or registered mail |
(8) The filing or service of a document by regular or registered mail is effected on the postmark date appearing on the envelope containing the document. |
| Exception — electronic transmission |
(9) The filing or service of a document by electronic transmission is effected on the date of its transmission, except if
(a) the document is received by the Agency or person to be served on a holiday or after 17:00, local time, on a working day, in which case subsection (10) applies; or
(b) there is proof that the document was received on a date other than the date of its transmission, in which case the date of its reception shall be the date of filing or service. |
| Exception — reception on a holiday or after 17:00 |
(10) A document received by the Agency or served on a party on a holiday or after 17:00, local time, on a working day, is considered to be filed or served on the next working day. |
| Service on more than one party |
(11) If a person is required to serve a document on more than one party, service on each party shall be effected on the same day. |
| Proof of service |
(12) Without delay after service of a document, proof of its service shall be filed with the Agency that identifies the document and the person served and establishes, to the satisfaction of the Agency, the manner and time of service. |
| Commencement of period for responding |
(13) Despite subsections (8) and (9), when these Rules provide a person with an opportunity to respond to a document within a certain period after its receipt, the period does not begin until the
day after the document is actually received by the person. |
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Language of Documents |
| Documents in English or French |
12. All documents required to be filed under these Rules shall be in English or French or, if in another language, be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation. |
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Verification of Documents |
| Verification by affidavit |
13. (1) The Agency may require the whole or any part of a document filed with it to be verified by affidavit. |
| Notice by Agency |
(2) If the Agency requires verification of a document, the Agency shall serve a notice on the person who filed it and indicate the document or part of it that must be verified and the period within which verification is to be filed. |
| Affidavit made on belief |
(3) If an affidavit is made on belief, the grounds on which the belief is based shall be set out in the affidavit. |
| If document not verified |
(4) The Agency may strike out any document or part of it that has not been verified in accordance with this section. |
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Amendments to Documents |
| Request to amend |
14. (1) A party may request an amendment to a document that has been filed in a proceeding. |
| Explanation |
(2) The request must include an explanation of the nature of the amendment and why it is necessary. |
| Agency's powers |
(3) The Agency may, by order,
(a) allow, in whole or in part, the request to amend a document; and
(b) strike out any document or part of it that has not been amended in accordance with the Agency's order, or that may prejudice, hinder or delay the fair conduct of the proceeding. |
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Request for Production of Documents |
| Request to the other party |
15. (1) If in any pleading a party refers to a document on which the party intends to rely in a proceeding, any other party may make a request to that party that, as soon as is reasonably possible,
(a) the document be produced for inspection and copying by the party making the request; or
(b) a copy of the document be provided to the party making the request. |
| Prohibition |
(2) Subject to subsection (3), a party who fails to comply with a request made under subsection (1) within 10 days after receiving the request may not enter the document as evidence in the proceeding. |
| Exception |
(3) The Agency may permit a document to be entered into evidence if the party entering it in evidence had reasonable grounds not to comply with a request under subsection (1) and acceptance of the document will not hinder a fair and expeditious hearing of the matter. |
| Copy to Agency |
(4) The person who produces a document under subsection (1) shall also provide a copy of it to the Agency. |
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Notice to Produce Documents |
| Notice in writing |
16. (1) A party may give a notice in writing to any other party to produce, within 10 days after receipt of the notice, a document that relates to any matter in dispute that is in the possession or control of the other party and shall specify the document to be produced. |
| Agency's powers |
(2) Subject to a determination by the Agency under section 24 or 25, if a party fails to respond to the notice to produce a document, within the period prescribed in subsection (1), the Agency may
(a) order production of the document; or
(b) permit the party who gave the notice to submit secondary evidence of the contents of the document. |
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Notice to Admit Authenticity of Documents |
| Notice in writing |
17. (1) A party may give a notice in writing to any other party to admit, within seven days after receipt of the notice, the authenticity of a document relating to a proceeding. |
| Deemed admission |
(2) A party who does not respond to a notice or does not admit the authenticity of the document within the period prescribed in subsection (1) is deemed to admit the authenticity of the document. |
| Refusal to admit documents |
(3) If a party refuses to admit the authenticity of a document in respect of which it received a notice under subsection (1), the party shall pay the costs of proving it, regardless of the disposition of the proceeding, unless the Agency determines that the refusal was reasonable. |
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Provision of Additional Information,
Particulars and Documents |
| Requirement for additional information |
18. The Agency may, by order,
(a) require that a party provide it with any additional information, particulars or documents that the Agency considers necessary;
(b) require that, subject to sections 23 to 26, any information, particulars or documents obtained under paragraph (a) be made available for inspection by, or be provided to, any other party to the proceeding; and
(c) postpone its consideration of an application until the information, particulars or documents are filed with the Agency and until the Agency determines that the information, particulars or documents so filed constitute a reasonable response to the Agency's order. |
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Questions between Parties |
| Questions to other party |
19. A party to a proceeding may direct questions to any other party if the party files with the Agency, and serves on the other parties, a copy of the questions along with the reasons for them and their relevance to the proceeding. |
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Responses to Questions |
| Serving and filing response |
20. (1) A party to whom questions have been directed under section 19 shall, within the period that the Agency directs,
(a) serve the party who directed the questions with a full and adequate response to each question;
(b) file a copy of the response with the Agency; and
(c) serve copies of the response on the other parties. |
| Explanation for inadequate response |
(2) If a party to whom questions have been directed does not provide a complete and adequate response and contends that a question is not relevant or that the information requested is of a confidential nature or is not available, the party's response shall set out its reasons in support of that contention, and include any alternative available information that the party considers would be of assistance to the party who directed the questions. |
| Request for Agency order |
(3) If a party who directed questions is not satisfied that the response is complete or adequate, the party may request the Agency to order that the questions be answered in full, and the Agency may order that the questions be answered in full or in part, or not at all. |
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Formulation of Issues |
| Reasons for formulation of issues |
21. The Agency may formulate the issues to be considered in any proceeding or direct the parties to propose the issues for its consideration if
(a) the documents filed do not sufficiently raise or disclose the issues;
(b) the formulation would assist the Agency in the conduct of the proceeding; or
(c) the formulation would assist the parties to participate more effectively in the proceeding. |
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Determination of Issues |
| Determination prior to continuing a proceeding |
22. (1) If the Agency determines that an issue should be decided before continuing a proceeding, or if a party requests it, the Agency may direct that the issue be decided in any manner that it considers appropriate. |
| Postponement of proceeding |
(2) The Agency may, pending its decision on the issue, postpone the whole or any part of the proceeding. |
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Confidentiality |
| Claim for confidentiality |
23. (1) The Agency shall place on its public record any document filed with it in respect of any proceeding unless the person filing the document makes a claim for its confidentiality in accordance with this section. |
| Prohibition |
(2) No person shall refuse to file a document on the basis of a claim for confidentiality alone. |
| Form of claim |
(3) A claim for confidentiality in respect of a document shall be made in accordance with subsections (4) to (9). |
| What to file |
(4) A person making a claim for confidentiality shall file
(a) one version of the document from which the confidential information has been deleted, whether or not an objection has been made under paragraph (5)(b); and
(b) one version of the document that contains the confidential information marked "contains confidential information" on the top of each page and that identifies the portions that have been deleted from the version of the document referred to in paragraph (a). |
| Content of claim |
(5) A person making a claim for confidentiality shall indicate
(a) the reasons for the claim, including, if any specific direct harm is asserted, the nature and extent of the harm that would likely result to the person making the claim for confidentiality if the document were disclosed; and
(b) whether the person objects to having a version of the document from which the confidential information has been removed placed on the public record and, if so, shall state the reasons for objecting. |
| Claim on public record |
(6) A claim for confidentiality shall be placed on the public record and a copy shall be provided, on request, to any person. |
| Request for disclosure and filing |
(7) A person contesting a claim for confidentiality shall file with the Agency
(a) a request for the disclosure of the document, setting out the relevance of the document, the public interest in its disclosure and any other reason in support of the request; and
(b) any material that may be useful in explaining or supporting those reasons. |
| Service of request for disclosure |
(8) A person contesting a claim for confidentiality shall serve a copy of the request for disclosure on the person making the claim. |
| Reply to request for disclosure |
(9) The person making a claim for confidentiality may, within five days after being served with a request for disclosure, file a reply with the Agency and serve a copy of the reply on the person who made the request for disclosure. |
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Disposition of Claim for Confidentiality |
| Agency's powers |
24. (1) The Agency may dispose of a claim for confidentiality on the basis of
(a) documents filed with the Agency or oral evidence heard by it;
(b) documents or evidence obtained at a conference if the matter has been referred to a conference under section 35; or
(c) documents or evidence obtained through depositions taken before a member or officer of the Agency or any other person appointed by the Agency. |
| Placing of document on public record |
(2) The Agency shall place a document in respect of which a claim for confidentiality has been made on the public record if the document is relevant to the proceeding and no specific direct harm would likely result from its disclosure or any demonstrated specific direct harm is not sufficient to outweigh the public interest in having it disclosed. |
| Order for Withdrawal |
(3) If the Agency determines that a document in respect of which a claim for confidentiality has been made is not relevant to a proceeding, the Agency may order that the document be withdrawn. |
| Document confidential and relevant |
(4) If the Agency determines that a document in respect of which a claim for confidentiality has been made is relevant to a proceeding and the specific direct harm likely to result from its disclosure justifies a claim for confidentiality, the Agency may
(a) order that the document not be placed on the public record but that it be maintained in confidence;
(b) order that a version or a part of the document from which the confidential information has been removed be placed on the public record;
(c) order that the document be disclosed at a hearing to be conducted in private;
(d) order that the document or any part of it be provided to the parties to the proceeding, or only to their solicitors, and that the document not be placed on the public record; or
(e) make any other order that it considers appropriate. |
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Agency Determination of Confidentiality |
| Procedure |
25. The Agency may make a determination of confidentiality on its own initiative after giving the other parties to the proceeding an opportunity to comment on the issue of confidentiality, in accordance with the procedure set out in section 23, with such modifications as the circumstances or the Agency requires. |
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Documents Containing Financial or
Corporate Information |
| Confidential Documents |
26. If financial or corporate information is filed with the Agency, the Agency shall treat the information as confidential unless the person who provides it agrees in writing that the Agency need not treat it as confidential. |
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Postponements and Adjournments |
| Request |
27. Subject to section 66, a party may request in writing a postponement or an adjournment of a proceeding. |
| Agency's powers |
28. (1) The Agency may allow a postponement or an adjournment
(a) if a delay of the proceedings would be appropriate until a decision is rendered in another proceeding before the Agency or before any court in Canada in which the issue is the same or substantially the same as the issue to be raised in the proceeding;
(b) if a party to a proceeding has not complied with any requirement of these Rules, or with any direction on procedure issued by the Agency, which postponement or adjournment shall continue until the Agency is satisfied that the requirement or direction has been complied with; or
(c) for any other reason, that the Agency may consider necessary in order to ensure a fair hearing of the matter. |
| Terms and conditions |
(2) On granting the postponement or adjournment, the Agency may impose any terms and conditions that it considers just and reasonable in the circumstances. |
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Stay of Order or Decision |
| Request for Stay |
29. (1) The Agency may, at the request of a party, grant a stay of an order or decision of the Agency
(a) pending the disposition of an application for re-hearing or a review in respect of that order or decision under section 32 of the Act;
(b) pending the disposition of a petition to the Governor in Council in respect of that order or decision under section 40 of the Act;
(c) pending the disposition of an application for leave to appeal and, if leave is granted, an appeal to the Federal Court of Appeal in respect of that order or decision under section 41 of the Act. |
| Service of request |
(2) A person who files a request under subsection (1) shall serve a copy of the request on the other parties to the proceeding. |
| Agency's powers |
30. On granting the stay, the Agency may impose any terms and conditions that it considers just and reasonable in the circumstances. |
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Withdrawal or Discontinuance |
| Notice |
31. (1) A party may, on notice filed with the Agency, withdraw an application or other pleading, or discontinue participation in a proceeding, at any time before its final determination. |
| Service of notice |
(2) The party shall serve a copy of the notice of withdrawal or discontinuance on the other parties. |
| Terms and conditions |
(3) On receipt of a notice of withdrawal or discontinuance, the Agency may fix any terms and conditions to the withdrawal or discontinuance, including costs, that it considers appropriate. |
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Motions |
| Notice of motion |
32. (1) Except for section 14 (request to amend), section 23 (claim for confidentiality), sections 27 and 28 (request for postponement or adjournment), section 29 (request for a stay), section 61 (motions made during an oral hearing) and subsection 68(2) (filing a pleading after a reply), any request that arises in the course of a proceeding and requires an order or decision of the Agency shall be brought before the Agency by motion and shall be initiated by a written notice of motion. |
| Form and content |
(2) A notice of motion may be in any form that contains a clear and concise statement of the facts, the relief sought and the grounds for seeking the relief. |
| Filing and service |
(3) A notice of motion shall be filed with the Agency, and the party filing the notice of motion shall serve a copy of the notice on the other parties. |
| Answer to motion |
(4) Within 10 days after receiving a notice of motion, a party may file a written answer to it with the Agency and shall serve a copy of it on the other parties. |
| Reply to answer |
(5) Within five days after receiving an answer to its notice of motion, the party may file a written reply to the answer with the Agency and shall serve a copy of the reply on the other parties. |
| Submission of supporting documents |
(6) If a party intends to submit a document in support of a notice of motion or an answer or a reply to it, the document shall accompany the notice, answer or reply, and the party shall file the document with the Agency and serve a copy of it on the other parties. |
| Disposition of motion |
(7) Subject to section 61, the Agency shall dispose of a motion in writing. |
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Evidence |
| Requirement for affidavit |
33. The Agency may, at any time, order any particular facts relating to a proceeding to be supported by an affidavit. |
| Examination under oath or solenm affirmation |
34. (1) The Agency may, at any time, order that a person attend and be examined under oath or solemn affirmation before a commissioner of oaths or another person who is authorized to administer oaths or affirmations and who is appointed by the Agency for that purpose. |
| Notice of date, time and place |
(2) Notice of the date, time and place of an examination ordered under subsection (1) shall be given to the persons required to attend. |
| Transcripts |
(3) A transcript of an examination ordered under subsection (1) shall be taken and filed with the Agency. |
| Certified examinations |
(4) All transcripts of examinations certified under the hand of the person taking them may, without further proof, be used in evidence in the proceeding to which they relate. |
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Conferences |
| Reasons for holding conference |
35. (1) The Agency may, at any time, direct the parties to a proceeding to appear before a member or an officer of the Agency at a specified date, time and place for a conference, or to make submissions in writing, to assist the Agency in its consideration of
(a) the formulation, clarification or simplification of issues;
(b) the necessity or desirability of amending any document in a proceeding for the purpose of clarification, amplification or limitation;
(c) the making of admissions of certain facts or the proof of facts by declaration under oath;
(d) the procedure to be followed in the proceeding, including at an oral hearing;
(e) the mutual exchange by the parties of documents and exhibits proposed to be submitted at an oral hearing;
(f) the identification and treatment of confidential information;
(g) the desirability of appointing an expert or establishing a panel of experts from among the parties or otherwise to provide advice or assistance to the Agency; and
(h) any other matters that could help simplify the evidence and dispose of the proceeding. |
| Agency's powers |
(2) After the completion of the conference and the reporting of its results to the Agency, the Agency may make an order or decision or direction without further submissions from the parties to the proceeding. |
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Reasons |
| When reasons to be given for orders and decisions |
36. The Agency shall give oral or written reasons in support of any of its orders and decisions that do not allow the relief requested, or if opposition has been expressed. |
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Oral Hearing Not Necessary |
| No oral hearing |
37. The Agency may make any order or decision otherwise than by holding an oral hearing. |
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PART 2 |
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APPLICATIONS |
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Application of This Part |
| Application to all applications |
38. Unless otherwise provided in these Rules, this Part applies to proceedings in respect of any application to the Agency except a notice of objection under Part 5. |
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Pleadings |
| Pleadings — what they comprise |
39. (1) Subject to subsection (2), the pleadings in respect of an application consist at least of the application that commences the proceeding, and may include an answer, an intervention and a reply. |
| Exception |
(2) In an appeal under subsection 42(1) of
the Civil Air Navigation Services Commercialization Act, an intervention does not form part of the pleadings. |
| Leave of Agency |
(3) No pleading may be filed following a reply without leave of the Agency. Leave may be given at the request of a party, if the Agency considers that it is appropriate. |
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Application |
| Form and content |
40. (1) Every application shall be in writing and shall be commenced by filing with the Agency
(a) the full name, address, telephone number and any other telecommunications numbers of the applicant or the applicant's representative;
(b) a clear and concise statement of the relevant facts, the grounds for the application, the provisions of the Act or any regulations made under the Act under which the application is made, the nature of, and the justification for, the relief sought in the application and any request for costs; and
(c) any other information or documentation that is relevant in explaining or supporting the application or that may be required by the Agency or under the Act. |
| Incomplete application |
(2) If any of the information referred to in subsection (1) is not filed or is deficient in any way, the Agency may advise the applicant that the application is not complete and cannot be processed until the necessary information is filed. |
| Service |
41. An applicant shall serve a copy of the application on each respondent and on any other person that the Agency directs. |
| |
Answer |
| Form and content |
42. (1) A respondent may oppose an application within 30 days after receiving it, by filing with the Agency a clear and concise written answer that includes an admission or denial of any facts alleged in the application and any documents that are relevant in explaining or supporting the answer. |
| Service |
(2) A respondent shall serve a copy of its answer on the applicant. |
| Expiry of time limit |
(3) If a respondent does not file and serve an answer within the required period, the Agency may dispose of the application without further notice to the respondent. |
| |
Intervention |
| Who may intervene |
43. (1) A person who has an interest in an application other than the applicant, the respondent or an interested person, may intervene to support or oppose the application. |
| Time limit |
(2) An intervention shall be filed with the Agency within 30 days after the person became aware of the application. |
| Form and content |
(3) The intervention shall be in writing and shall
(a) describe the person's interest in, and support for or opposition to, the application and include any documents that are relevant in explaining or supporting the intervention;
(b) state the date on which the person became aware of the application; and
(c) indicate the full name, address, telephone number and any other telecommunications numbers of the person or the person's representative. |
| Service |
(4) The person making the intervention shall serve a copy of the intervention on the applicant and each respondent. |
| Agency's powers |
(5) The Agency may refuse an intervention if the person making the intervention fails to demonstrate an interest in the application. |
| |
Reply to Answer or Intervention |
| Applicant's reply |
44. (1) An applicant may, within 10 days after receiving a copy of an answer or intervention, file with the Agency and serve on the other parties to the proceeding a written reply to the answer or intervention. |
| Respondent's reply |
(2) A respondent whose interests are adversely affected by an intervention may, within 10 days after receiving a copy of the intervention, file with the Agency and serve on the other parties to the proceeding a written reply to the intervention. |
| Content of reply |
(3) In a reply, the applicant or respondent may object to the answer or intervention by stating the grounds for the objection and may admit or deny any or all of the facts alleged in the answer or intervention. |
| |
Close of Pleadings |
| Time limits |
45. Pleadings in respect of an application shall close
(a) if no answer or intervention is filed, on the thirty-first day after the complete application is filed with the Agency; or
(b) if an answer or an intervention is filed, on the forty-first day after the complete application is filed with the Agency. |
| |
Submissions |
| Interested person |
46. (1) Any interested person who does not intend to intervene in a proceeding but who intends to make comments to the Agency regarding the proceeding shall file with the Agency, and serve on the applicant on or before the date set out in the notice of oral hearing referred to in section 50, a submission that
(a) comments on the application or the subject-matter of the proceeding;
(b) describes the nature of the person's interest in the proceeding; and
(c) provides any relevant information that the person considers will explain or support the person's comments. |
| Copy for all parties |
(2) The Agency shall provide all parties with a copy of any submission filed under subsection (1). |
| No further notice |
(3) A person who files a submission under subsection (1) is not entitled to any further notice in the proceeding. |
| |
Disposition of Application If No Oral Hearing |
| As soon as practicable |
47. If no oral hearing is held into an application, the Agency shall, as soon as practicable after the close of pleadings, dispose of the application on the basis of the documentation before it. |
| |
PART 3 |
| |
RULES APPLICABLE TO THE CONDUCT OF ORAL HEARINGS |
| |
Interpretation |
| Definition of "hearing panel" |
48. For the purposes of this Part, "hearing panel" means a panel of members of the Agency constituted by the Chairman for the purpose of holding an oral hearing into a particular matter. |
| |
Application of this Part |
| Application |
49. (1) This Part applies in respect of the conduct of oral hearings before a hearing panel. |
| Non-application of period in Part 1 |
(2) The five-day period prescribed in subsection 23(9) for filing a reply does not apply to a party claiming confidentiality in respect of a document filed during an oral hearing. |
| |
Notice of Oral Hearing |
| Contents of notice |
50. If an oral hearing is to be held in relation to an application, the Agency shall notify the parties of the date, time and location of the hearing at
least 15 days before its commencement. |
| |
Service and Filing of Documents |
| Application of certain provisions |
51. Subsections 11(2) and (4) are the only provisions of section 11 that apply in respect of the filing and service of documents during an oral hearing. |
| |
Special Arrangements |
| Notice to Secretary |
52. A party who requires the services of an interpreter at an oral hearing, or who requires special arrangements for the hearing, shall advise the Secretary of their requirements as soon as possible, but not later than the date specified in the notice of oral hearing. |
| |
Appearance at Oral Hearing |
| When failure to appear |
53. An oral hearing may proceed even though a party fails to appear before the hearing panel. |
| |
Issues Not Raised in Pleadings |
| Prohibition except if leave given |
54. A party who does not raise an issue in their pleadings shall not raise the issue at an oral hearing except with leave of the hearing panel. |
| |
Evidence |
| Evidence by affidavit |
55. Despite section 60, the hearing panel may, at any time during an oral hearing, and subject to any conditions imposed by it, order that
(a) evidence of certain facts be given by affidavit and read at the oral hearing; and
(b) any deponent of an affidavit be examined in accordance with section 34, before a commissioner of oaths or another person who is authorized to administer oaths or affirmations and who is appointed by the Agency for that purpose. |
| |
Witnesses |
| Prohibition |
56. A party who does not provide the name of a witness or give written notice of a witness' proposed testimony before the commencement of an oral hearing may not call the witness at the hearing, except with leave of the hearing panel. |
| |
Subpoenas |
| Obtaining subpoena |
57. (1) A subpoena requiring the attendance of a person as a witness at an oral hearing may be obtained without charge from the Agency. |
| Signed and sealed |
(2) The subpoena shall be signed by the Secretary and sealed with the Agency's seal and, if it is issued in blank, it shall be completed by a party to the proceeding or the party's representative. |
| Personal service and filing |
(3) A subpoena shall be served personally on the person to whom it is directed and a copy of the subpoena and the affidavit of service shall be filed with the Agency at least 48 hours before the date fixed for the attendance of the person as a witness. |
| Fees and allowances |
(4) A party who serves a subpoena shall, at the time of service, pay or tender to the person served an amount that is not less than the amount to which the person would have been entitled as fees and allowances if the subpoena had been issued under the Federal Court Rules, 1998. |
| |
Order of Proceeding |
| Order of proceeding |
58. Unless an order of proceeding has been agreed to by all parties in advance and approved by the Agency, the hearing panel shall establish the order of proceeding at the start of the hearing. |
| |
Presentation of Evidence |
| Opportunity to present evidence |
59. Every party shall be given an opportunity to present evidence and make representations to the hearing panel. |
| Examination of witnesses |
60. (1) Witnesses at an oral hearing shall be examined orally under oath or solemn affirmation, and the examination may consist of direct examination, cross-examination and re-examination. |
| Expert witness' report |
(2) A party who intends to call an expert witness at an oral hearing shall, not less than 30 days before the commencement of the hearing, serve on the other parties a copy of the report, signed by the expert witness, setting out the substance of the expert witness' testimony, the curriculum vitae of the expert witness and a detailed summary of the expert witness' testimony. The original of the report along with copies of the other documents shall be filed with the Agency. |
| Rebuttal of expert's report |
(3) A party on whom a copy of the expert witness's report has been served and who intends to rebut with expert evidence any matter set out in the report shall, not less than 10 days before the commencement of the oral hearing, serve on the other parties a copy of the report signed by the expert witness setting out the substance of the evidence to be introduced in rebuttal, the curriculum vitae of the expert witness and a detailed summary of the expert witness' testimony. The original of the report along with copies of the other documents shall be filed with the Agency. |
| |
Oral Motion |
| Oral Motion |
61. A motion may, with leave of the Agency, be made orally during a hearing and disposed of in accordance with any procedure that the Agency considers appropriate. |
| |
Interveners |
| Order of intervener evidence |
62. (1) An intervener may give evidence after the party whom it supports has presented its case and may be examined by the applicant and respondent. |
| Cross-examination |
(2) An intervener is not entitled to cross-examine the applicant, the respondent or any of their witnesses unless the intervener's request to do so has been granted by the hearing panel. |
| |
Electronic Examination |
| Agency's powers |
63. The Agency may, on any terms and conditions that it considers appropriate, order that the examination of a person be conducted by videotape, video-conference or any other form of electronic communication. |
| |
Written Arguments |
| Agency's powers |
64. The Agency may, whenever it considers it appropriate to do so, order written arguments to be submitted by a party to a proceeding in addition to or instead of oral argument. |
| |
Postponements and Adjournments |
| |
Postponement |
| By request |
65. The Agency may allow a postponement of
an oral hearing if a party requests it in writing, at
least 10 days before the commencement of the hearing, on any terms that the Agency considers appropriate. |
| |
Adjournment |
| Agency's powers |
66. The Agency may allow an adjournment of an oral hearing, at the request of a party, at any time during the hearing, on any terms that the Agency considers appropriate. |
| |
PART 4 |
| |
COMPLAINTS BY AIR CARRIERS AGAINST OTHER AIR CARRIERS' TARIFFS
APPLICABLE TO INTERNATIONAL SERVICES |
| |
Application of This Part |
| Application |
67. This Part applies in respect of a complaint to the Agency by an air carrier against the tariffs of another air carrier which are applicable to that air carrier's international service. |
| |
Pleadings |
| Pleadings — what they comprise |
68. (1) The pleadings in respect of a complaint under this Part consist of at least the complaint that commences the proceeding, and may include an answer, an intervention and a reply. |
| Leave of Agency |
(2) No pleading may be filed after a reply without leave of the Agency. Leave may be given at the request of a party if the Agency considers that it is appropriate. |
| |
Complaint |
| Time limits |
69. For the purposes of this Part, the time limits set out in sections 42 to 45 are changed to the following:
(a) for filing an answer to a complaint under subsection 42(1), three days;
(b) for filing an intervention under subsection 43(2), three days;
(c) for filing a reply under subsection 44(1)
or (2), one day; and
(d) for pleadings described in
(i) paragraph 45(a), if no
answer or intervention is filed, pleadings close on the fourth day
after the complaint is filed with the Agency, and
(ii) paragraph 45(b), if an answer or intervention is filed,
pleadings close on the fifth day after the complaint is filed with
the Agency. |
| |
PART 5 |
| |
OBJECTIONS UNDER THE PILOTAGE ACT, SECTION 34 |
| |
Application of This Part |
| Application |
70. (1) This Part applies to proceedings in
respect of an objection under section 34 of the
Pilotage Act. |
| Inconsistency |
(2) In the event of any inconsistency between Parts 1 and 2 and this Part, the provisions of this Part prevail to the extent of the inconsistency. |
| |
Pleadings |
| Pleadings — what they comprise |
71. (1) The pleadings in respect of an objection under this Part consist of at least a notice of objection, and may include an answer, an intervention and a reply. |
| Leave of Agency |
(2) No pleading may be filed after a reply without leave of the Agency. Leave may be given at the request of a party if the Agency considers that it is appropriate. |
| |
Notice of Objection |
| Form and content |
72. (1) Every notice of objection shall be in writing and shall be commenced by filing with the Agency
(a) the full name, address, telephone number and any other telecommunications numbers of the objector or the objector's representative;
(b) a clear and concise statement of the grounds for the objection; and
(c) any other information or documents that are relevant in explaining or supporting the objection or that may be required by the Agency. |
| Incomplete or deficient objection |
(2) If any of the information referred to in subsection (1) is not filed or is deficient in any way, the Agency may advise the objector that the notice of objection is not complete and cannot be processed until the necessary information is filed. |
| |
Authority's Answer to Notice of Objection |
| Filing and service |
73. An Authority may, within 30 days after a copy of a notice of objection has been filed with it, file with the Agency and serve on the objector a written answer to the notice of objection, including any documents that are relevant in explaining or supporting the answer. |
| |
Intervention |
| Who may intervene |
74. (1) A person other than the objector who is interested in a notice of objection may intervene to support or oppose the notice. |
| Time limit for filing and service |
(2) An intervention shall be filed with the Agency and served on the Authority and the objector within 15 days after the notice of objection is filed under section 72. |
| Form and Content |
(3) The intervention shall be in writing and shall
(a) describe the person's interest in and support for, or opposition to, the objection, and include any documents that may be relevant in explaining or supporting the intervention; and
(b) indicate the full name, address, telephone number and any other telecommunications numbers of the person or the person's representative. |
| Agency's powers |
(4) The Agency may refuse an intervention if the person making the intervention fails to demonstrate an interest in the objection. |
| |
Reply to Answer or Intervention |
| Filing of objector's reply to answer or intervention |
75. (1) An objector may, within 10 days after receiving a copy of an answer or intervention, file a written reply with the Agency. |
| Filing of Authority's reply to intervention |
(2) An Authority whose interests are adversely affected by an intervention may, within 10 days after receiving a copy of the intervention, file a written reply with the Agency. |
| Service of objector's reply to answer |
(3) An objector shall serve a copy of a reply to an answer on the Authority at the same time as the reply is filed with the Agency. |
| Service of objector's reply to intervention |
(4) An objector shall serve a copy of a reply to an intervention on the intervener replied to and on the Authority at the same time as the reply is filed with the Agency. |
| Service of Authority's reply to intervention |
(5) An Authority shall serve a copy of a reply to an intervention on the intervener replied to and on the objector at the same time as the reply is filed with the Agency. |
| |
Recommendations |
| Statement of reasons |
76. A recommendation made by the Agency in respect of a proposed charge set out in a notice of objection shall include a statement of the reasons for the recommendation. |
| |
PART 6 |
| |
TRANSITIONAL, REPEAL AND COMING INTO FORCE |
| |
Transitional |
| Application to further steps |
77. These Rules apply in respect of all proceedings that were commenced before the coming into force of these Rules. |
| |
Repeal |
| Repeal |
78. The National Transportation Agency General
Rules(see footnote
1) are repealed. |
| |
Coming into force |
| Coming into force |
79. These Rules come into force on the day on which they are registered. |
The Agency's present rules respecting the practice and procedure to be followed in respect of proceedings before the Agency, the National Transportation Agency General Rules (the present Rules), are being repealed and replaced by the Canadian Transportation Agency General Rules (the new Rules). Essentially, the new Rules modernize, reorganize and streamline the present Rules and make them consistent with the CTA. For example, the order of the present Rules has been changed, a number of outdated and unnecessary rules have been removed, several new definitions have been added and the general language of the rules has been simplified. Provision has also been made for the electronic filing of documents; a new Part 3 has been added which sets out the rules applicable to the conduct of oral hearings before the Agency, including electronic examinations; and a new Part 4 has been added which sets out the procedure governing proceedings in respect of complaints by air carriers against other air carriers' tariffs applicable to international services.
All persons participating in Agency proceedings will now have a clear set of rules governing the conduct of those proceedings. Given that the amendments are of a procedural nature, it is expected that they will have a relatively minor impact on Canadian society generally.
The environmental implications of this initiative have been considered and determined to be nil.
Pre-consultations with many sectors of the transportation industry were held in 1996 in preparation for the coming into force of the CTA. Although no amendments were made to the present Rules at that time, the comments received during those pre-consultations have been taken into consideration in the new Rules.
(1) The definition of "affidavit" in section 1 now includes the term "solemn affirmation";
(2) The words "or informal" have been removed from section 6 (Combining of Proceedings);
(3) The phrase "subject to payment of the reasonable costs of reproduction" has been removed from paragraph 15(1)(b) (Request for Production of Documents);
(4) Section 17 (Notice to Admit Documents) has been redrafted to clarify that the type of admission contemplated by this section is the authenticity of documents;
(5) The time periods for filing pleadings set out in the present Rules have been retained [sections 42 (answer), 43 (intervention) and 44 (reply)]; and
(6) The time period to rebut an expert witness' report set out in subsection 60(3) has been extended.
In any proceeding before it, the Agency may dispense with or vary any of the provisions of the new Rules where it considers it appropriate to do so, issue directions on procedure that shall govern the conduct of the proceeding and prevail over any provisions of the Rules that are inconsistent with those directions and extend or abridge the time limits set by the Rules or otherwise set by the Agency where it considers it appropriate to do so.
S.C. 1996, c. 10
S.C. 1996, c. 10
