CTA Home : Rulings : Interlocutory Decisions : 2001

Interlocutory Decisions : 2001

2001-02-22

LET-AT-R-81-2001

File No. U3570/00-81

The Council of Canadians with Disabilities (CCD), by letters dated February 1 and 7, 2001, requested that the Canadian Transportation Agency (Agency) proceed to issue an interim order requiring that VIA Rail Canada Inc. (VIA) not enter into any contracts or commence any work on the Nightstock cars prior to the Agency's final determination of CCD's application.

By Decision No. LET-AT-R-35-2001 dated January 24, 2001, the Agency, among other matters, addressed CCD's application for an interim order pursuant to subsections 27(1) and 28(2) of the Canada Transportation Act (CTA). The Agency denied CCD's request for an order from the Agency directing VIA to take no further steps in furtherance of the purchase of the Nightstock cars and its request for an order that VIA be advised not to permit delivery of the cars prior to the Agency's determination of the section 172 complaint.

However, regarding CCD's request for an interim order preventing VIA from entering into contracts for the retrofit of the Nightstock cars, the Agency stayed the request for relief until it received further information from VIA.

With respect to this additional information, the Agency required that VIA advise the Agency well in advance of any plans or schedules it establishes to start to retrofit or construct the cars and at that point the Agency may determine that an interim order is necessary.

By letter dated January 31, 2001, VIA raised a number of objections to this requirement to file information with the Agency.

If VIA will not provide the Agency with information as to when it plans to commence retrofitting or constructing the Nightstock cars, then it will not be clear to the Agency as to when these activities are to commence. Without this information, the Agency will not know whether VIA has immediate plans to commence the work on the Nightstock cars. The Agency cannot be certain that there is no need for an immediate issuance of an interim order if VIA refuses to provide the information required by the Agency.

Accordingly, VIA is to confirm with the Agency by Friday February 23, 2001 that it will provide information to the Agency, to be copied to CCD, that will indicate when it will commence retrofitting or constructing the Nightstock cars. The Agency will then make a determination as to whether an interim order is necessary at that point in the proceedings.