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Procedures for the conduct of final offer arbitration pursuant to part IV of the Canada Transportation Act
The following provides a procedural guide to arbitrators and to the parties to an arbitration. These provisions can be considered and adopted by an arbitrator when the parties to the arbitration do not otherwise agree on how the arbitration is to be conducted. Conduct of the Arbitration 1...
Web page | 2015-10-22
Memorandum of Understanding
Memorandum of Understanding on coordination of efforts related to A) Noise and Vibration Complaints, B) Road, Utility and Private Crossings, C) Jurisdictional Status of a Railway, D) Railway Operating Certificates, Certificates of Fitness and Railway Line Construction, Between: The Canadian...
Web page | 2015-10-22
Arbitration to establish a level of service agreement (rail)
The Canada Transportation Act provides a right to shippers to establish rail service agreements with railway companies by way of arbitration where the agreements cannot be negotiated commercially.  The arbitrator will be appointed by the Agency on receipt of proposals for arbitration and shall be...
Web page | 2015-10-22
Arbitration: Final offer arbitration
What is final offer arbitration? It’s one of three types of arbitration offered as part of the Agency’s options for dispute resolution. Types of disputes Disputes between Possible outcome Timeframes Legislation Rates Conditions of service...
Web page | 2018-05-28
Eligibility of submissions for rail level of service arbitration
Getting started Overview Issues eligible for arbitration How to apply Eligibility of submissions Objections Scenarios where a railway company can object to an application Procedures for the adjudication of objections Principles related...
Web page | 2018-05-28
Principles related to level of service arbitration objections
Getting started Overview Issues eligible for arbitration How to apply Eligibility of submissions Objections Scenarios where a railway company can object to an application Procedures for the adjudication of objections Principles related...
Web page | 2015-10-21
What if a railway company violates obligations set out in a level of service arbitration decision?
The Fair Rail Freight Service Act, passed on June 26, 2013, introduced a new dispute resolution option for shippers and railway companies who are unable to negotiate level of service (LOS) contracts respecting the manner in which a railway company will fulfill its service obligations under section...
Web page | 2015-10-21
How to file a position statement or a request to intervene
How can I participate in an adjudication case? If you want to participate in a current case before the Agency, you have a couple of options: you can file a position statement or you can request to intervene. Position statements An interested person may file a position statement in a dispute...
Web page | 2015-10-20
Summary of Roles: Parties and Mediator
Pre-mediation Your Role Mediator’s Role Be responsive and make your availability a priority Sign a copy of the Agreement to Mediate Prepare for the mediation: Think about the key issues Prepare opening remarks ...
Web page | 2015-10-20
New or increased charges by NAV Canada
Aircraft operators can appeal new or increased charges by NAV Canada, as outlined in the Civil Air Navigation Services Commercialization Act. You may only appeal if NAV Canada has not followed: the correct principles for new or revised charges; the requirements for giving notice or for...
Web page | 2015-10-20

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