GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Transportation Act — C-10.4 169.32
Contents of submission 169.32 (1) The submission must contain (a) a detailed description of the matters submitted to the Agency for arbitration; (b) a description of the traffic to which the service obligations relate; (c) an undertaking with respect to the traffic, if any, given by the shipper to the railway company that must be complied with for the period during which the arbitrator’s decision applies to the parties, other than an undertaking given by the shipper to the railway company with respect to an operational term described in paragraph 169.31(1)(c); (d) an undertaking given by the shipper to the railway company to ship the goods to which the service obligations relate in accordance with the arbitrator’s decision; and (e) an undertaking given by the shipper to the Agency to pay the fee and costs for which the shipper is liable under subsection 169.39(3) as a party to the arbitration. Copy of submission served (2) The shipper must serve a copy of the submission on the railway company on the day on which it submits the matters to the Agency for arbitration. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.33
Arbitration precluded in certain cases 169.33 (1) The Agency must dismiss the submission if (a) the shipper has not, at least 15 days before making it, served on the railway company and the Agency a written notice indicating that the shipper intends to make a submission to the Agency for arbitration; or (b) the shipper does not demonstrate, to the Agency’s satisfaction, that an attempt has been made to resolve the matters contained in it. Content of notice (2) The notice must contain the descriptions referred to in paragraphs 169.32(1)(a) and (b) and, if the shipper’s submission will contain an undertaking described in paragraph 169.32(1)(c), a description of that undertaking. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.34
Submission of proposals 169.34 (1) Despite any application filed under section 169.43, the shipper and the railway company must each submit, within 10 days after the day on which a copy of a submission is served under subsection 169.32(2), to the Agency, in order to resolve the matters that are submitted to it for arbitration by the shipper, a proposal that contains any of the following terms: (a) any operational term described in paragraph 169.31(1)(a), (b) or (c); (a.1) any term with respect to an amount described in paragraph 169.31(1)(c.1), if the matter in respect of the amount has been submitted by the shipper for arbitration; (b) any term for the provision of a service described in paragraph 169.31(1)(d); (c) any term with respect to the application of a charge described in paragraph 169.31(1)(e); or (d) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f). Proposals provided to parties (2) The Agency must provide the shipper and the railway company with a copy of the other party’s proposal immediately after the day on which it receives the last of the two proposals. Exchange of information (3) The parties must exchange the information that they intend to submit to the arbitrator in support of their proposals within 20 days after the day on which a copy of a submission is served under subsection 169.32(2) or within a period agreed to by the parties or fixed by the arbitrator. Exception (4) Unless the parties agree otherwise, a party to the arbitration is not, in support of the proposal it submits under subsection (1), to refer to any offer, or any part of an offer, that was made to it — before a copy of the submission is served under subsection 169.32(2) — by the other party to the arbitration for the purpose of entering into a confidential contract. If no proposal from party (5) If one party does not submit a proposal in accordance with subsection (1), the proposal submitted by the other party is the arbitrator’s decision made under section 169.37. 2013, c. 31, s. 11; 2018, c. 10, s. 51
Canada Transportation Act — C-10.4 169.35
Arbitration 169.35 (1) Despite any application filed under section 169.43, the Agency must refer, within two business days after the day on which it receives the last of the two proposals, the matters for arbitration to be conducted by an arbitrator that it chooses. Arbitrator not to act in other proceedings (2) The arbitrator is not to act in any other proceedings in relation to a matter that is referred to him or her for arbitration. Assistance by Agency (3) The Agency may, at the arbitrator’s request, provide administrative, technical and legal assistance to the arbitrator. Arbitration not proceeding (4) The arbitration is not a proceeding before the Agency. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.36
Agency’s rules of procedure 169.36 (1) The Agency may make rules of procedure for an arbitration. Procedure generally (2) Subject to any rule of procedure made by the Agency and in the absence of an agreement between the arbitrator and the parties as to the procedure to be followed, the arbitrator must conduct the arbitration as quickly as possible and in the manner that he or she considers appropriate having regard to the circumstances of the matter. Questions (3) Each party may direct questions to the other in the manner that the arbitrator considers appropriate. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.37
Arbitrator’s decision 169.37 (1) The arbitrator’s decision must establish the following terms, or any combination of the following terms, that the arbitrator considers necessary to resolve the matters that are referred to him or her for arbitration: (a) any operational term described in paragraph 169.31(1)(a), (b) or (c); (b) any term with respect to an amount described in paragraph 169.31(1)(c.1) if the matter in respect of the amount has been submitted by the shipper for arbitration; (c) any term for the provision of a service described in paragraph 169.31(1)(d); (d) any term with respect to the application of a charge described in paragraph 169.31(1)(e); or (e) any term with respect to the dispute resolution process described in paragraph 169.31(1)(f). Elements to consider (2) In making the decision, the arbitrator must have regard to the following: (a) the traffic to which the service obligations relate; (b) the service that the shipper requires with respect to the traffic; (c) any undertaking described in paragraph 169.32(1)(c) that is contained in the shipper’s submission; (d) the railway company’s obligations under this Act in respect of the operation of the railway; (e) the railway company’s obligations, if any, with respect to a public passenger service provider; (f) the railway company’s and the shipper’s operational requirements and restrictions; (g) the question of whether there is available to the shipper an alternative, effective, adequate and competitive means of transporting the goods to which the service obligations relate; and (h) any information that the arbitrator considers relevant. Efficiency (3) The arbitrator shall establish a term with respect to an amount described in paragraph 169.31(1)(c.1) in a manner that encourages the efficient movement of the shipper’s traffic and the performance of the railway system and that is balanced between the shipper and the railway company. 2013, c. 31, s. 11; 2018, c. 10, s. 52
Canada Transportation Act — C-10.4 169.38
Requirements of decision 169.38 (1) The arbitrator’s decision must (a) be made in writing; (b) be made so as to apply to the parties for a period of one year as of the date of his or her decision, unless the parties agree otherwise; and (c) be commercially fair and reasonable to the parties. Decision binding (2) The arbitrator’s decision is final and binding on the parties and is deemed, for the purposes of Division IV of Part III and its enforceability between the parties, to be a confidential contract. Period for making decision (3) The arbitrator’s decision must be made within 45 days after the day on which the matters are submitted to the Agency for arbitration under subsection 169.31(1) unless in the arbitrator’s opinion making a decision within that period is not practical, in which case the arbitrator must make his or her decision within 65 days after that day. Period — agreement of parties (4) Despite subsection (3), the arbitrator may, with the agreement of the parties, make his or her decision within a period that is longer than 65 days after the day on which the matters are submitted to the Agency for arbitration. Copy of decision to Agency (5) The arbitrator must provide the Agency with a copy of his or her decision. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.39
Arbitration fees 169.39 (1) The Agency may fix the fee to be paid to it or, if the arbitrator is not a member or on the staff of the Agency, to the arbitrator for the arbitrator’s services in arbitration proceedings. Arbitration fees — not member (2) An arbitrator who is not a member or on the staff of the Agency may fix a fee for his or her services if the Agency does not do so under subsection (1). Payment of fees and costs (3) The shipper and the railway company are to share equally, whether or not the proceedings are terminated under section 169.41, in the payment of the fee for the arbitrator’s services and in the payment of the costs related to the arbitration, including those borne by the Agency in providing administrative, technical and legal assistance to the arbitrator under subsection 169.35(3). Cost related to arbitration (4) Costs related to the arbitration also include the cost to the Agency when a member or a person on the staff of the Agency acts as an arbitrator and the Agency does not fix a fee for that arbitrator under subsection (1). 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.4
Confidentiality of information 169.4 (1) If the Agency and the arbitrator are advised that a party to an arbitration wishes to keep information relating to the arbitration confidential, the Agency and the arbitrator must take all reasonably necessary measures to ensure that the information is not disclosed by the Agency or the arbitrator or during the arbitration to any person other than the parties. Limited disclosure (2) Despite subsection (1), the Agency may, in the exercise of its powers or in the performance of its duties and functions under this Act, disclose any information that a party advised the Agency and the arbitrator it wishes to keep confidential. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.41
Termination of proceedings 169.41 If, before the arbitrator makes his or her decision, the parties advise the Agency or the arbitrator that they agree that the matters being arbitrated should be withdrawn from arbitration, any proceedings in respect of those matters are immediately terminated. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.42
List of arbitrators 169.42 (1) The Agency, in consultation with representatives of shippers and railway companies, must establish a list of persons, including persons who are members or on the staff of the Agency, who agree to act as arbitrators in arbitrations. Expertise required (2) Only persons who, in the Agency’s opinion, have sufficient expertise to act as arbitrators are to be named in the list. Publication of list (3) The Agency must publish the list on its Internet site. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.43
Application for order 169.43 (1) A railway company may apply to the Agency, within 10 days after the day on which it is served with a copy of a submission under subsection 169.32(2), for an order declaring that the shipper is not entitled to submit to the Agency for arbitration a matter contained in the shipper’s submission. Content of order (2) If the Agency makes the order, it may also (a) dismiss the submission for arbitration, if the matter contained in it has not been referred to arbitration; (b) discontinue the arbitration; (c) subject the arbitration to any terms that it specifies; or (d) set aside the arbitrator’s decision or any part of it. Period for making decision (3) The Agency must make a decision on the railway company’s application made under subsection (1) as soon as feasible but not later than 35 days after the day on which it receives the application. 2013, c. 31, s. 11
Canada Transportation Act — C-10.4 169.5
Definitions 169.5 The following definitions apply in paragraph 5(d.1) and this Part. barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. ( obstacle ) disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. ( handicap ) 2019, c. 10, s. 169
Canada Transportation Act — C-10.4
barrier means anything — including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice — that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment or a functional limitation. ( obstacle )
Canada Transportation Act — C-10.4
disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. ( handicap )
Canada Transportation Act — C-10.4 170
Regulations 170 (1) The Agency may, after consulting with the Minister, make regulations for the purpose of identifying or removing barriers or preventing new barriers — particularly barriers in the built environment, information and communication technologies and the design and delivery of programs and services — in the transportation network under the legislative authority of Parliament to the mobility of persons with disabilities, including regulations respecting (a) the design, construction or modification of, and the posting of signs on, in or around, means of transportation and related facilities and premises, including equipment used in them; (b) the training of personnel employed at or in those facilities or premises or by carriers; (c) tariffs, rates, fares, charges and terms and conditions of carriage applicable in respect of the transportation of persons with disabilities or incidental services; and (d) the communication of information to persons with disabilities. Incorporation by reference (2) Regulations made under subsection (1) incorporating standards or enactments by reference may incorporate them as amended from time to time. Exemption (3) The Agency may, with the approval of the Governor in Council, make orders exempting specified persons, means of transportation, services or related facilities and premises from the application of regulations made under subsection (1). Exemption (4) On application and after consulting with the Minister, the Agency may, by order, on any terms that it considers necessary, (a) exempt a person from the application of regulations made under subsection (1) if the Agency is satisfied that the person has taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers; or (b) exempt a class of persons from the application of regulations made under subsection (1) if the Agency is satisfied that all the members of the class have taken or will take measures — at least equivalent to those that must be taken under the provisions of the regulations for which an exemption is to be granted — to remove barriers or to prevent new barriers. The order ceases to have effect on the earlier of the end of the period of three years that begins on the day on which the order is made and the end of any shorter period specified in the order. 1996, c. 10, s. 170 2019, c. 10, s. 170
Canada Transportation Act — C-10.4 171
Coordination 171 The Agency and the Canadian Human Rights Commission shall coordinate their activities in relation to the transportation of persons with disabilities in order to foster complementary policies and practices and to avoid jurisdictional conflicts. 1996, c. 10, s. 171 2019, c. 10, s. 171(F)
Canada Transportation Act — C-10.4 172
Inquiry — barriers to mobility 172 (1) The Agency may, on application, inquire into a matter in relation to which a regulation could be made under subsection 170(1), regardless of whether such a regulation has been made, in order to determine whether there is an undue barrier to the mobility of persons with disabilities. Remedies (2) On determining that there is an undue barrier to the mobility of persons with disabilities, the Agency may do one or more of the following: (a) require the taking of appropriate corrective measures; (b) direct that compensation be paid for any expense incurred by a person with a disability arising out of the barrier, including for any costs of obtaining alternative goods, services or accommodation; (c) direct that compensation be paid for any wages that a person with a disability was deprived of as a result of the barrier; (d) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by a person with a disability arising out of the barrier; (e) direct that compensation be paid up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the barrier is the result of a wilful or reckless practice. Compliance with regulations (3) If the Agency is satisfied that regulations made under subsection 170(1) that are applicable in relation to a matter have been complied with or have not been contravened, the Agency may determine that there is an undue barrier in relation to that matter but if it does so, it may only require the taking of appropriate corrective measures. 1996, c. 10, s. 172 2019, c. 10, s. 172
Canada Transportation Act — C-10.4 172.1
Inquiry — subsection 170(1) 172.1 (1) The Agency may, on application, inquire into a matter concerning any regulations made under subsection 170(1) to determine if the applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention of any provision of those regulations. Remedies (2) On determining that an applicant has suffered physical or psychological harm, property damage or economic loss arising out of — or has otherwise been adversely affected by — a contravention referred to in subsection (1), the Agency may do one or more of the following: (a) require the taking of appropriate corrective measures; (b) direct that compensation be paid to the applicant for any expense incurred by them arising out of the contravention, including for any costs of obtaining alternative goods, services or accommodation; (c) direct that compensation be paid to the applicant for any wages that they were deprived of as a result of the contravention; (d) direct that compensation be paid to the applicant up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, for any pain and suffering experienced by them arising out of the contravention; (e) direct that compensation be paid to the applicant up to a maximum amount of — subject to the annual adjustments made under section 172.2 — $20,000, if the Agency determines that the contravention is the result of a wilful or reckless practice. 2019, c. 10, s. 172
Canada Transportation Act — C-10.4 172.2
Annual adjustment 172.2 (1) For the purpose of paragraphs 172(2)(d) and (e) and 172.1(2)(d) and (e), the maximum amount shall be adjusted annually so that in any calendar year following the one during which this section comes into force it is equivalent to the product of (a) the amount that would have been the maximum amount for that following calendar year if no adjustment had been made under this section with respect to that year, and (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year next before that preceding calendar year. Consumer Price Index (2) For the purpose of subsection (1), a reference to the Consumer Price Index for any 12-month period means the average of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act , for each month in that 12-month period. Publication of adjusted amount (3) When a maximum amount is adjusted in accordance with this section, the Agency shall publish the maximum amount as so adjusted as soon as it is determined. Interest (4) A direction to pay compensation under any of paragraphs 172(2)(b) and (c) and 172.1(2)(b) and (c) may include an award of interest at a rate and for a period that the Agency considers appropriate. 2019, c. 10, s. 172
Canada Transportation Act — C-10.4 172.3
Inquiry — transportation of persons with disabilities 172.3 The Agency may on its own initiative, with the Minister’s approval and on any terms that he or she considers appropriate, inquire into any matter or thing that concerns transportation to which the legislative authority of Parliament extends and that relates to the mobility of persons with disabilities. 2019, c. 10, s. 172
Canada Transportation Act — C-10.4 172.4
Participant funding program 172.4 The Agency may establish a participant funding program to facilitate the participation of persons with disabilities in hearings that are held for the purposes of inquiries made under section 172, 172.1 or 172.3. 2019, c. 10, s. 172
Canada Transportation Act — C-10.4 173
False information, etc. 173 (1) No person shall knowingly make any false or misleading statement or knowingly provide false or misleading information to the Agency or the Minister or to any person acting on behalf of the Agency or the Minister in connection with any matter under this Act. Obstruction and false statements (2) No person shall knowingly obstruct or hinder, or make any false or misleading statement, either orally or in writing, to a person designated as an enforcement officer pursuant to paragraph 178(1)(a) who is engaged in carrying out functions under this Act.
Canada Transportation Act — C-10.4 174
Offence 174 Every person who contravenes a provision of this Act or a regulation or order made under this Act, other than an order made under section 47, is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding $5,000; and (b) in the case of a corporation, to a fine not exceeding $25,000.
Canada Transportation Act — C-10.4 175
Officers, etc., of corporation re offences 175 Where a corporation commits an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the corporation is guilty of the like offence unless the act or omission constituting the offence took place without the person’s knowledge or consent or the person exercised all due diligence to prevent the commission of the offence.
Canada Transportation Act — C-10.4 176
Time limit for commencement of proceedings 176 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted within but not later than twelve months after the time when the subject-matter of the proceedings arose.