Reopening of Decisions or Orders – Agency Policy
The Canadian Transportation Agency (Agency) is a quasi-judicial tribunal governed by its enabling legislation, the Canada Transportation Act, S.C. 1996, c. 10, as amended (the CTA). Once the Agency has reached a final decision in respect to the matter that is before it, that decision cannot be revisited except as explained in the limited exceptions set out below. This is consistent with the basic legal principle in favour of the finality of court and tribunal decisions which is in the interests of parties to a proceeding who have legitimate expectations that a decision, once rendered, is final.
1. The Agency is Authorized by Statute
Section 32 of the CTA allows the Agency to review a decision or order. Section 32 requires a party to show that:
- there has been a change in the facts or circumstances pertaining to the decision or order since its issuance (i.e., the change in facts or circumstances were not in existence at the time of the original hearing or were undiscoverable by the applicant for review through the exercise of due diligence at that time); and
- if the Agency finds that there has been a change in facts or circumstances since the issuance of the decision or order, the change is sufficient to warrant a review, rescission or variance of the decision or order.
For more information, please see the Interpretation Note on Section 32 of the Canada Transportation Act – The Agency’s Power to Review its Decisions and Orders.
2. Slip or Error in the Decision or Order
A decision or order can be re-opened or re-issued if a “clerical” error has been made. Errata are issued to correct clerical errors, including wrong names and dates, mathematical errors and the like.
A decision or order can also be re-opened if there has been an error in expressing the manifest intention of the Agency, for example where the ultimate finding is inconsistent with the clear direction of the decision analysis.
3. Accessibility Related Decisions or Orders
The Agency can, under certain circumstances, expressly retain its jurisdiction to supervise the implementation of its remedies issued under subsection 173(3) of the CTA given the human rights nature of these cases.
Please note that the Agency can also make interim orders and reserve further directions under subsection 28(2) of the CTA. In addition, Agency staff will monitor compliance with Agency decisions and orders and, where there is no or only partial compliance and further action is required, a minimum of one Member will be assigned to consider the case.
For further information:
Canadian Transportation Agency
Ottawa, ON K1A 0N9