CTA Home : Rulings : Interlocutory Decisions : 2000

Interlocutory Decisions : 2000

2000-09-12

LET-R-265-2000

File No. T 7375-3/99-11

Village of Stenen

This is in reference to your letter dated July 24, 2000 in which you requested that the investigation officer assigned to the above-noted application be replaced by a new officer who was not involved in the original complaint. In support of your application, you submit that the reviewer did not do any research or investigative work, but adopted the other party's position when preparing for the Members' review. Accordingly, you question the objectivity of the process and personnel of the Canadian Transportation Agency (the "Agency").

With respect to the role of the Agency's personnel, please be advised that the general process followed at the Agency provides for a panel of at least two Members to review each application or complaint filed. Once the pleadings are closed, the personnel of the Agency will forward to each Member of the panel a copy of all pleadings filed by the parties. Furthermore, upon request from Members, the personnel of the Agency will get more information from the parties or do whatever research is needed to help Members reach their decision.

It should also be mentioned that before issuing a decision, Members must consider the issues raised from an economic, a legal and an operational perspective. In any case, Members give their utmost consideration to all issues raised by the parties. As the Members are fully responsible for the decisions they render, the Agency is of the view that there are no reasons to replace the investigation officer assigned to the present matter.