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Interlocutory Decisions : 2001

2001-03-15

LET-R-123-2001

File No. R 8030/S9

On December 7, 2000 the Federal Court of Appeal ruled that the Canadian Transportation Agency (Agency) did not, under existing legislation, have the jurisdiction to investigate and determine complaints relating to noise, smoke and vibrations emanating from the day-to-day operations of a federal railway company. Therefore, the Agency, as a quasi-judicial body, can no longer rule on the compliance issue with Agency Decision No. 95-R-2000 by Algoma Central Railway Inc.

The Agency, however, is committed to assist the parties in resolving their disputes and, as such, offers mediation services which the parties may wish to consider as an alternative avenue to try and resolve any outstanding issues. Enclosed for your guidance is a brochure entitled: Resolving Disputes Through Mediation. In addition, Agency staff may be able to help the parties in other ways, such as, facilitation of improved communications between parties or the review and clarification of issues.