Consultations on Proposed Rail Arbitration Rules

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Proposed Rail Arbitration Rules for Arbitrations under Section 169.31 of the Act and Sample Rules of Procedure for Rail Arbitrations under Section 36.2 of the Act

Legislative amendments to the Canada Transportation Act (Act) as set out in Bill C-52, the Fair Rail Freight Service Act, provide a right to shippers to establish rail service agreements with railway companies by way of arbitration where the agreements cannot be negotiated commercially.  The Canadian Transportation Agency is consulting on proposed Rail Arbitration Rules for Arbitrations under Section 169.31 of the Act to provide new rules of procedures for rail arbitrations requested by a rail shipper under these  provisions.

The introduction of these new arbitration provisions will augment existing dispute resolution options for shippers and railway companies.  As an alternative dispute resolution mechanism, arbitration is faster and less formal than adjudication, allowing for a more expedited resolution.  The proposed Rail Arbitration Rules for Arbitrations under Section 169.31 of the Act have been developed to support this mechanism,  to be understandable and predictable in their application, and to provide a fair process that can be completed within the legislative time frames.

The Agency is also taking this opportunity to consult on Sample Rules of Procedure for Rail Arbitrations under Section 36.2 of the Act, which will be made available as a resource tool to parties requesting arbitration under section 36.2 of the Act for disputes arising from rail matters covered under Part III of the Act. 

Your comments will provide important input for consideration by the Agency as it finalizes the Rail Arbitration Rules for Arbitrations under Section 169.31 of the Act and Sample Rules of Procedure for Rail Arbitrations under Section 36.2 of the Act

Comments may be submitted until August 2, 2013

Your submission will be posted as is on the consultation page along with your name and that of the organization you represent. Please ensure that your submission does not contain proprietary information.

What we are consulting on

Background information

How to participate

Share your opinions on the proposed Rail Arbitration Rules for Arbitrations under Section 169.31 of the Act and Sample Rules of Procedure for Rail Arbitrations under Section 36.2 of the Act by August 2 2013.

How to submit your comments

E-mail: 
consultations@otc-cta.gc.ca
Mail:
Canadian Transportation Agency
Ottawa, Ontario
K1A 0N9
Attention: 
Liz Barker

Publication of submissions

Your submission will be posted as is on the consultation page along with your name and that of the organization you represent. Please ensure that your submission does not contain proprietary information

Questions

Questions about the proposed Rail Arbitration Rules for Arbitrations under Section 169.31 of the Act and the Sample Rules of Procedure for Rail Arbitrations under Section 36.2 of the Act can be directed to:

Liz Barker,
General Counsel, Legal Services Branch
Facsimile:
819-953-9269
E-mail: 
consultations@otc-cta.gc.ca
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