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The Process for making Decisions

The decision-making process of the Agency is governed by the rules of fairness, which ensure that all parties in a complaint or an application are dealt with in a fair and equitable manner.

The Agency ensures that transportation users, commercial shippers and individual travellers receive the protection provided for them in the legislation, if market forces alone do not result in fair, reasonable service. The Agency hears complaints from users and others regarding poor service or abuse of market power and, depending on its decision, may order a carrier to make the changes necessary to conform with the legislation and regulations.

The Members of the Agency are responsible for decisions and orders related to complaints or applications. The role of Agency employees is to advise and support Members with these proceedings.

A panel of at least two Members is assigned by the Chairman to make a decision on a complaint. Although most cases are resolved through written hearings, Members may also hold public hearings – usually in more complex cases – to enhance their understanding of the evidence.

After receiving a complaint, the Agency, according to its general rules of procedure, ensures that each interested party has the opportunity to comment. In general, the Agency reviews the complaint, invites the party against whom the complaint is made to answer the complaint within a 30-day time frame, and then allows the complainant ten days to reply to the other party's submission.

The Members consider all the evidence on file with the Agency, as well as the legislation, regulations and legal principles applicable to the instance. The Agency processes each complaint as quickly as possible. After the receipt of a complete application or complaint, the decision-making process must be completed within 120 days unless the parties agree to an extension.

Should the parties involved in a complaint not agree with a decision or an order, they have a right to appeal under the following conditions. Any decision or order may be appealed to the Federal Court of Appeal on a matter of law or jurisdiction, within one month of the order or decision; and may be appealed to the Governor in Council at any time. In addition, any decision or order may be reviewed by the Agency if there has been a change in the facts or circumstances pertaining to the decision or order.