Order of Proceedings for Vancouver Freight Rail Investigation Oral Hearing

1. Oral hearing

As part of its investigation into possible rail service issues in the Vancouver area, the Agency will hold an oral hearing on Tuesday, January 29 and Wednesday, January 30, 2019. The purpose of the oral hearing is to contribute to the evidentiary record that the Agency will rely upon when rendering a decision at the end of the investigation.

This Order of Proceedings provides parties with information on the organization and conduct of the oral hearing. The Agency will only amend the Order of Proceedings in exceptional circumstances.

2. Participation

Participation in the hearing will be limited to organizations and individuals scheduled by the Agency to appear, all of whom are involved in or affected by freight rail service in the Vancouver area (participants). 

All other persons interested in the proceeding may attend the hearing as observers. Seating will be limited and available on a first come, first served basis.

3. Order of Proceedings

The oral hearing will take place at the Sutton Place Hotel Vancouver, 845 Burrard St., 2nd Floor, Salon A of Le Versailles Ballroom, Vancouver, BC. Anticipated time allotment is as follows:

Tuesday January 29, 2019

9:00 – 9:10

Opening remarks by the Chair of the Agency Panel, Scott Streiner

9:10 – 10:30

BNSF Railway Company (BNSF)

10:40 – 12:00

Canadian Pacific Railway Company (CP)

12:00 – 13:00

Lunch Break

13:00 – 14:20

Canadian National Railway (CN)

14:20 – 14:50

Terminal operator

15:00 – 17:00

Shipper associations

Wednesday, January 30, 2019

9:00 – 9:05

Opening remarks by the Chair

9:05 – 10:25

Shipper associations

10:25 – 11:00

Port of Vancouver

11:10 – 12:00

Reply remarks by BNSF

12:00 – 13:00

Lunch Break

13:00 – 13:50

Reply remarks from CP

13:50 – 14:40

Reply remarks from CN

14:40 – 15:30

Questions from the Panel and closing remarks by the Chair

Participants are responsible for monitoring the progress of the hearing so that they are aware of any Agency directions and are ready to make their presentation at the time scheduled or, if necessary, before or after their scheduled time of appearance, depending on the progress of the hearing.

4. Presentations

In the interests of efficiency, some participants may be asked to appear together in panels.

The Agency Panel may pose specific questions to participants.  In addition, participants may use their time to discuss any aspect of the Inquiry Officer's report or their written submissions, provide substantiating or supplemental evidence, and respond to any aspect of submissions or presentations made by other parties to this proceeding.

Participants may make use of audio-visual aids during their allocated presentation time. Participants who wish to employ an audio-visual aid are to contact the Hearing Registrar, Kizzy Barrett at OTC.greffier-registrar.CTA@otc-cta.gc.ca by no later than noon Pacific time on Monday, January 28, 2019, and identify specifically what audio-visual aid will be relied upon.

To facilitate the interpretation of these audio-visual presentations, the Agency requires that participants provide, prior to their presentations, a transcript (3 copies) for the interpreters at the hearing. Please note that this transcript will not be added to the public record as it is solely for the use of the interpreters.

5. New documents

Should a participant wish to bring forward new documents, including proposed exhibits or attachments to an oral presentation, the participant must notify the Hearing Registrar, Kizzy Barrett at OTC.greffier-registrar.CTA@otc-cta.gc.ca of their intention by no later than noon Pacific time on Monday, January 28, 2019.

6. Confidentiality

Any information filed in this proceeding will be placed on the Agency's public record, subject only to a claim for confidentiality being made at the same time that the information is provided to the Agency and the Agency granting the claim. Any claim for confidentiality must demonstrate the specific direct harm that the individual or organization would suffer if the information were disclosed. The Agency will then consider whether the harm is likely to occur, and whether preventing the harm outweighs the public interest in disclosure. Claims for confidentiality that do not address the anticipated harm will be automatically rejected and the information will be placed on the public record.

7. In camera proceedings

In the event that confidential information is discussed at the hearing, limited portions of the hearing may take place in camera. In camera portions will be restricted solely to the presentation of confidential information and will commence after the participant has presented their public evidence and has been questioned publicly by the panel.

8. Notification of attendance and further inquiries

Participants must file the following with the Hearing Registrar at OTC.greffier-registrar.CTA@otc-cta.gc.ca by noon Pacific time on Monday, January 28, 2019:

• Your full name, mobile telephone number and email address to be used to contact you immediately preceding and during the hearing, if necessary, to obtain information or to inform you of matters related to the hearing.
• The names and titles of any individuals, including representatives (if any), who will attend with you at the hearing.

Please note that this information will not be posted on the Agency's website.

9. Undertakings

Should a party be unable to respond to a question by the Agency Panel at the hearing, the party may be asked to undertake to file the information requested at a date to be set by the Chair of the Agency Panel.  

10. Transcripts

The Agency has made arrangements with All Star Reporting Inc. to provide stenography services for the hearing. Transcripts will be available on request 10 business days after the close of the hearing.

Should you have any questions or concerns, please contact OTC.greffier-registrar.CTA@otc-cta.gc.ca