Contents
- The Canadian Transportation Agency, pursuant to section 17…
- Interpretation
- Application
- All Proceedings
- Dispute Proceedings
- Transitional Provision, Repeal and Coming into Force
- Schedule 1 Translation — Required Information (Subsection 13(2))
- Schedule 2 Verification by Affidavit (Subsection 15(2))
- Schedule 3 Verification by Witnessed Statement (Subsection 15(2))
- Schedule 4 Authorization of Representative (Section 16)
- Schedule 5 Application (Subsection 18(1))
- Schedule 6 Answer to Application (Section 19)
- Schedule 7 Reply to Answer (Subsection 20(1))
- Schedule 8 Intervention (Subsection 21(1))
- Schedule 9 Response to Intervention (Section 22)
- Schedule 10 Position Statement (Subsection 23(1))
- Schedule 11 Written Questions or Request for Documents (Subsection 24(1))
- Schedule 12 Response to Written Questions or Request for Documents (Subsection 24(2))
- Schedule 13 Request (Subsections 27(1), 28(1), 30(1), 32(1), 33(1), 34(1), 35(1) and 36(1))
- Schedule 14 Response To Request (Subsections 27(2), 28(4), 30(2) and 31(4) and paragraphs 33(2)(a) and 34(2)(a))
- Schedule 15 Reply to Response to Request (Subsections 27(3), 28(5), 30(3), 33(3) and 34(3))
- Schedule 16 Request To Intervene (Subsection 29(1))
- Schedule 17 Request for Confidentiality (Subsection 31(1))
- Schedule 18 Request for Disclosure (Subsection 31(3))
The Canadian Transportation Agency, pursuant to section 17 of the Canada Transportation Act, makes the annexed Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings).noteGatineau, April 29, 2014
Interpretation
1Definitions#
The following definitions apply in these Rules.
Act means the Canada Transportation Act. (Loi)
applicant means a person that files an application with the Agency. (demandeur)
application means a document that is filed to commence a proceeding before the Agency under any legislation or regulations that are administered in whole or in part by the Agency. (demande)
business day means a day that the Agency is ordinarily open for business. (jour ouvrable)
dispute proceeding means any contested matter that is commenced by application to the Agency. (instance de règlement des différends)
intervener means a person whose request to intervene filed under section 29 has been granted. (intervenant)
party means an applicant, a respondent or a person that is named by the Agency as a party. (partie)
person includes a partnership and an unincorporated association. (personne)
proceeding means any matter that is commenced by application to the Agency, whether contested or not. (instance)
respondent means a person that is named as a respondent in an application and any person that is named by the Agency as a respondent. (défendeur)
Application
All Proceedings
Dispute Proceedings
General
Interpretation and Dispensing with Compliance
5Interpretation of Rules#
(1)These Rules are to be interpreted in a manner that facilitates the most expeditious determination of every dispute proceeding, the optimal use of Agency and party resources and the promotion of justice.
(2)Anything that may be done on request under these Rules may also be done by the Agency of its own initiative.
Filing of Documents and Sending of Copy to Parties
8Copy to parties#
A person that files a document must, on the same day, send a copy of the document to each party or, if a party is represented, to the party’s representative, except if the document is
(a)a confidential version of a document in respect of which a request for confidentiality is filed under section 31;
(b)an application; or
(c)a position statement.
9Means of transmission#
Documents may be filed with the Agency and copies may be sent to the other parties by courrier, personal delivery, email, facsimile or other electronic means specified by the Agency.
11Electronic transmission#
(1)A document that is sent by email, facsimile or other electronic means is considered to be filed with the Agency and received by the other parties on the date of its transmission if it is sent at or before 5:00 p.m. Gatineau local time on a business day. A document that is sent after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day.
(2)A document that is sent by courier or personal delivery is filed with the Agency and received by the other parties on the date of its delivery if it is delivered to the Agency and the other parties at or before 5:00 p.m. Gatineau local time on a business day. A document that is delivered after 5:00 p.m. Gatineau local time or on a day that is not a business day is considered to be filed with the Agency and received by the other parties on the next business day.
Language of Documents
13English or French#
(1)Every document filed with the Agency must be in either English or French.
(3)The translation is treated as the original for the purposes of the dispute proceeding.
Amended Documents
Verification by Affidavit or by Witnessed Statement
Representation and Change of Contact Information
16Representative not a member of the bar#
A person that is represented in a dispute proceeding by a person that is not a member of the bar of a province must authorize that person to act on their behalf by filing the information referred to in Schedule 4.
17Change of contact information#
A person must, if the contact information they provided to the Agency changes during the course of a dispute proceeding, provide their new contact information to the Agency and the parties without delay.
Pleadings
Application
18Filing of application#
(1)Any application filed with the Agency must include the information referred to in Schedule 5.
(2)If the application is complete, the parties are notified in writing that the application has been accepted.
(3)If the application is incomplete, the applicant is notified in writing and the applicant must provide the missing information within 20 business days after the date of the notice.
(4)If the applicant fails to provide the missing information within the time limit, the file is closed.
(5)An applicant whose file is closed may file a new application in respect of the same matter.
Answer
19Filing of answer#
A respondent may file an answer to the application. The answer must be filed within 15 business days after the date of the notice indicating that the application has been accepted and must include the information referred to in Schedule 6.
Reply
20Filing of reply#
(1)An applicant may file a reply to the answer. The reply must be filed within five business days after the day on which they receive a copy of the answer and must include the information referred to in Schedule 7.
(2)The reply must not raise issues or arguments that are not addressed in the answer or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.
Intervention
21Filing of intervention#
(1)An intervener may file an intervention. The intervention must be filed within five business days after the day on which their request to intervene is granted by the Agency and must include the information referred to in Schedule 8.
(2)An intervener’s participation is limited to the participation rights granted by the Agency.
22Response to intervention#
An applicant or a respondent that is adverse in interest to an intervener may file a response to the intervention. The response must be filed within five business days after the day on which they receive a copy of the intervention and must include the information referred to in Schedule 9.
Position Statement
23Filing of position statement#
(1)An interested person may file a position statement. The position statement must be filed before the close of pleadings and must include the information referred to in Schedule 10.
(2)A person that files a position statement has no participation rights and is not entitled to receive any notice in the dispute proceeding.
Written Questions and Production of Documents
24Notice#
(1)A party may, by notice, request that any party that is adverse in interest respond to written questions that relate to the matter in dispute or produce documents that are in their possession or control and that relate to the matter in dispute. The notice must include the information referred to in Schedule 11 and must be filed
(a)in the case of written questions, before the close of pleadings; and
(b)in the case of the production of documents, within five business days after the day on which the party becomes aware of the documents or before the close of pleadings, whichever is earlier.
(2)The party to which a notice has been given must, within five business days after the day on which they receive a copy of the notice, file a complete response to each question or the requested documents, as the case may be, accompanied by the information referred to in Schedule 12.
(3)If a party wishes to object to a question or to producing a document, that party must, within the time limit set out in subsection (2), file an objection that includes
(a)a clear and concise explanation of the reasons for the objection including, as applicable, the relevance of the information or document requested and their availability for production;
(b)any document that is relevant in explaining or supporting the objection; and
Expedited Process
25Decision to apply expedited process#
(1)The Agency may, at the request of a party under section 28, decide that an expedited process applies to an answer under section 19 and a reply under section 20 or to any request filed under these Rules.
(2)If an expedited process applies to an answer under section 19 and a reply under section 20, the following time limits apply:
(a)the answer must be filed within five business days after the date of the notice indicating that the application has been accepted; and
(b)the reply must be filed within three business days after the day on which the applicant receives a copy of the answer.
(3)If an expedited process applies to a request filed under these Rules, the following time limits apply:
(a)any response to a request must be filed within two business days after the day on which the person who is responding to the request receives a copy of the request; and
(b)any reply to a response must be filed within one business day after the day on which the person who is replying to the response receives a copy of the response.
Close of Pleadings
26Normal process#
(1)Subject to subsection (2), pleadings are closed
(a)if no answer is filed, 20 business days after the date of the notice indicating that the application has been accepted;
(b)if an answer is filed and no additional documents are filed after that answer, 25 business days after the date of the notice indicating that the application has been accepted; or
(c)if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules.
(2)Under the expedited process, pleadings are closed
(a)if no answer is filed, seven business days after the date of the notice indicating that the application has been accepted;
(b)if an answer is filed and no additional documents are filed after that answer, 10 business days after the date of the notice indicating that the application has been accepted; or
(c)if additional documents are filed after an answer is filed, the day on which the last document is to be filed under these Rules.
Requests
General Request
27Filing of request#
(1)A person may file a request for a decision on any issue that arises within a dispute proceeding and for which a specific request is not provided for under these Rules. The request must be filed as soon as feasible but, at the latest, before the close of pleadings and must include the information referred to in Schedule 13.
(2)Any party may file a response to the request. The response must be filed within five business days after the day on which they receive a copy of the request and must include the information referred to in Schedule 14.
(3)The person that filed the request may file a reply to the response. The reply must be filed within two business days after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.
(4)The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.
Specific Requests
Request for Expedited Process
28Expedited process#
(1)A party may file a request to have an expedited process applied to an answer under section 19 and a reply under section 20 or to another request filed under these Rules. The request must include the information referred to in Schedule 13.
(2)The party filing the request must demonstrate to the satisfaction of the Agency that adherence to the time limits set out in these Rules would cause them financial or other prejudice.
(3)The request must be filed
(a)if the request is to have an expedited process apply to an answer and a reply,
(i)in the case of an applicant, at the time that the application is filed, or
(ii)in the case of a respondent, within one business day after the date of the notice indicating that the application has been accepted; or
(b)if the request is to have an expedited process apply to another request,
(i)in the case of a person filing the other request, at the time that that request is filed, or
(ii)in the case of a person responding to the other request, within one business day after the day on which they receive a copy of that request.
(4)Any party may file a response to the request. The response must be filed within one business day after the day on which they receive a copy of the request and must include the information referred to in Schedule 14.
(5)The party that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.
(6)The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.
Request to Intervene
29Request to intervene#
(1)A person that has a substantial and direct interest in a dispute proceeding may file a request to intervene. The request must be filed within 10 business days after the day on which the person becomes aware of the application or before the close of pleadings, whichever is earlier, and must include the information referred to in Schedule 16.
(2)If the Agency grants the request, it may set limits and conditions on the intervener’s participation in the dispute proceeding.
Request to Extend or Shorten Time Limit
30Extend or shorten#
(1)A person may file a request to extend or shorten a time limit that applies in respect of a dispute proceeding. The request may be filed before or after the end of the time limit and must include the information referred to in Schedule 13.
(2)Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include the information referred to in Schedule 14.
(3)The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.
(4)The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.
Request for Confidentiality
31Confidential treatment#
(1)A person may file a request for confidentiality in respect of a document that they are filing. The request must include the information referred to in Schedule 17 and must be accompanied by, for each document identified as containing confidential information,
(a)one public version of the document from which the confidential information has been redacted; and
(2)The request for confidentiality and the public version of the document from which the confidential information has been redacted are placed on the Agency’s public record. The confidential version of the document is placed on the Agency’s confidential record pending a decision of the Agency on the request for confidentiality.
(3)Any party may oppose a request for confidentiality by filing a request for disclosure. The request must be filed within five business days after the day on which they receive a copy of the request for confidentiality and must include the information referred to in Schedule 18.
(4)The person that filed the request for confidentiality may file a response to a request for disclosure. The response must be filed within three business days after the day on which they receive a copy of the request for disclosure and must include the information referred to in Schedule 14.
(5)The Agency may
(a)if the Agency determines that the document is not relevant to the dispute proceeding, decide to not place the document on the Agency’s record;
(b)if the Agency determines that the document is relevant to the dispute proceeding and that no specific direct harm would likely result from its disclosure or that any demonstrated specific direct harm is not sufficient to outweigh the public interest in having it disclosed, decide to place the document on the Agency’s public record; or
(c)if the Agency determines that the document is relevant to the dispute proceeding and that the specific direct harm likely to result from its disclosure justifies confidentiality,
(ii)decide to place a version of the document or any part of it from which the confidential information has been redacted on the Agency’s public record,
(iii)decide to keep the document or any part of it on the Agency’s confidential record but require that the person requesting confidentiality provide a copy of the document or part of the document in confidence to any party to the dispute proceeding, or to certain of their advisors, experts and representatives, as specified by the Agency, after the person requesting confidentiality has received a signed undertaking of confidentiality from the person to which the copy is to be provided, or
(iv)make any other decision that it considers just and reasonable.
(6)The original copy of the undertaking of confidentiality must be filed with the Agency.
Request to Require Party to Provide Complete Response
32Requirement to respond#
(1)A party that has given notice under subsection 24(1) may, if they are not satisfied with the response to the notice or if they wish to contest an objection to their request, file a request to require the party to which the notice was directed to provide a complete response. The request must be filed within two business days after the day on which they receive a copy of the response to the notice or the objection, as the case may be, and must include the information referred to in Schedule 13.
(2)The Agency may do any of the following:
(a)require that a question be answered in full or in part;
(b)require that a document be provided;
(e)deny the request in whole or in part.
Request to Amend Document
33Amendment#
(2)Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include
(a)the information referred to in Schedule 14; and
(b)a description of any prejudice that would be caused to the party if the request were granted including, if applicable, an explanation of how the proposed amendments would hinder or delay the fair conduct of the dispute proceeding.
(3)The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.
(4)The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.
(5)The Agency may
(a)deny the request; or
(b)approve the request in whole or in part and, if the Agency considers it just and reasonable to do so, provide parties that are adverse in interest with an opportunity to respond to the amended document.
Request to File Document Whose Filing is not Otherwise Provided for in Rules
34Filing#
(2)Any party may file a response to the request. The response must be filed within three business days after the day on which they receive a copy of the request and must include
(a)the information referred to in Schedule 14; and
(b)a description of any prejudice that would be caused to the party if the request were granted including, if applicable, an explanation of how the proposed filing would hinder or delay the fair conduct of the dispute proceeding.
(3)The person that filed the request may file a reply to the response. The reply must be filed within one business day after the day on which they receive a copy of the response and must include the information referred to in Schedule 15.
(4)The reply must not raise issues or arguments that are not addressed in the response or introduce new evidence unless a request has been filed to that effect and the request has been granted by the Agency.
(5)The Agency may
(a)deny the request; or
(b)approve the request and, if pleadings are closed and if the Agency considers it just and reasonable to do so, reopen pleadings to provide the other parties with an opportunity to comment on the document.
Request to Withdraw Document
35Withdrawal of document#
(1)Subject to section 36, a person may file a request to withdraw any document that they filed in a dispute proceeding. The request must be filed before the close of pleadings and must include the information referred to in Schedule 13.
(2)If the Agency grants the request, it may impose any terms and conditions on the withdrawal that it considers just and reasonable, including the awarding of costs.
Request to Withdraw Application
36Withdrawal of application#
(1)An applicant may file a request to withdraw their application. The request must be filed before a final decision is made by the Agency in respect of the application and must include the information referred to in Schedule 13.
(2)If the Agency grants the request, it may impose any terms and conditions on the withdrawal that it considers just and reasonable, including the awarding of costs.
Case Management
37Formulation of issues#
The Agency may formulate the issues to be considered in a dispute proceeding in any of the following circumstances:
(a)the documents filed do not clearly identify the issues;
(b)the formulation would assist in the conduct of the dispute proceeding;
(c)the formulation would assist the parties to participate more effectively in the dispute proceeding.
38Preliminary determination#
The Agency may, at the request of a party, determine that an issue should be decided as a preliminary question.
39Joining of applications#
The Agency may, at the request of a party, join two or more applications and consider them together in one dispute proceeding to provide for a more efficient and effective process.
40Conference#
(1)The Agency may, at the request of a party, require the parties to attend a conference by a means of telecommunication or by personal attendance for the purpose of
(a)encouraging settlement of the dispute;
(b)formulating, clarifying or simplifying the issues;
(c)determining the terms of amendment of any document;
(d)obtaining the admission of certain facts or determining whether the verification of those facts by affidavit should be required;
(e)establishing the procedure to be followed in the dispute proceeding;
(f)providing for the exchange by the parties of documents proposed to be submitted;
(g)establishing a process for the identification and treatment of confidential information;
(h)discussing the appointment of experts; and
(i)resolving any other issues to provide for a more efficient and effective process.
(2)The parties may be required to file written submissions on any issue that is discussed at the conference.
(3)Minutes are prepared in respect of the conference and placed on the Agency’s record.
(4)The Agency may issue a decision or direction on any issue discussed at the conference without further submissions from the parties.
41Stay of dispute proceeding#
(1)The Agency may, at the request of a party, stay a dispute proceeding in any of the following circumstances:
(a)a decision is pending on a preliminary question in respect of the dispute proceeding;
(b)a decision is pending in another proceeding or before any court in respect of an issue that is the same as or substantially similar to one raised in the dispute proceeding;
(c)a party to the dispute proceeding has not complied with a requirement of these Rules or with a procedural direction issued by the Agency;
(d)the Agency considers it just and reasonable to do so.
(2)The Agency may, at the request of a party, stay a decision or order of the Agency in any of the following circumstances:
(a)a review or re-hearing is being considered by the Agency under section 32 of the Act;
(b)a review is being considered by the Governor in Council under section 40 of the Act;
(c)an application for leave to appeal is made to the Federal Court of Appeal under section 41 of the Act;
(d)the Agency considers it just and reasonable to do so.
(3)In staying a dispute proceeding or a decision or order, the Agency may impose any terms and conditions that it considers to be just and reasonable.
42Notice of intention to dismiss application#
(1)The Agency may, by notice to the applicant and before considering the issues raised in the application, require that the applicant justify why the Agency should not dismiss the application if the Agency is of the preliminary view that
(a)the Agency does not have jurisdiction over the subject matter of the application;
(b)the dispute proceeding would constitute an abuse of process; or
(c)the application contains a fundamental defect.
(2)The applicant must respond to the notice within 10 business days after the date of the notice, failing which the application may be dismissed without further notice.
(3)The Agency may provide any other party with an opportunity to comment on whether or not the application should be dismissed.
Transitional Provision, Repeal and Coming into Force
Transitional Provision
43Sor/2005-35#
The Canadian Transportation Agency General Rules, as they read immediately before the coming into force of these Rules, continue to apply to all proceedings before the Agency that were commenced before the coming into force of these Rules except proceedings in respect of which the application filed before that time was not complete.
Repeal
Coming into Force
Schedule 1 · Translation — Required Information (Subsection 13(2))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
4#
An affidavit of the translator that includes
(a)the translator’s name and the city or town, the province or state and the country in which the document was translated;
(b)an attestation that the translator has translated the document in question and that the translation is, to the translator’s knowledge, true, accurate and complete;
(c)the translator’s signature and the date on which and the place at which the affidavit was signed; and
Schedule 2 · Verification by Affidavit (Subsection 15(2))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
An affidavit that includes
(b)a full description of the information being verified, a list of any supporting documents and a copy of each of those documents marked as appendices;
(c)an attestation that the person has personal knowledge of the information and that the information is, to their knowledge, true, accurate and complete or, if the person does not have personal knowledge of the information, a statement indicating the source of the information and an attestation that the information is, to their knowledge, true, accurate and complete;
(d)the person’s signature and the date of signing; and
Schedule 3 · Verification by Witnessed Statement (Subsection 15(2))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
A statement before a witness that includes
(a)the name of the person making the statement and the city or town and the province or state and the country in which it was made;
(b)a full description of the information being verified, a list of any supporting documents and a copy of each of those documents marked as appendices;
(c)an attestation that the person has personal knowledge of the information and that the information is, to their knowledge, true, accurate and complete or, if the person does not have personal knowledge of the information, a statement indicating the source of the information and an attestation that the information is, to their knowledge, true, accurate and complete;
(d)the person’s signature and the date of signing; and
(e)the name and signature of the person witnessing the statement and the date on which and place at which the statement was signed.
Schedule 4 · Authorization of Representative (Section 16)
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
The name of the person’s representative and the representative’s complete address, telephone number and, if applicable, email address and facsimile number.
5#
A statement, signed and dated by the person giving the authorization, indicating that they authorize the representative to act on their behalf for the purposes of the dispute proceeding.
Schedule 5 · Application (Subsection 18(1))
1#
The applicant’s name, complete address, telephone number and, if applicable, email address and facsimile number.
2#
If the applicant is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number.
4#
The respondent’s name and, if known, their complete address, telephone number and, if applicable, email address and facsimile number.
5#
The details of the application that include
(a)any legislative provisions that the applicant relies on;
(b)a clear statement of the issues;
(c)a full description of the facts;
(d)the relief claimed; and
(e)the arguments in support of the application.
6#
A list of any documents submitted in support of the application and a copy of each of those documents.
Schedule 6 · Answer to Application (Section 19)
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
2#
The respondent’s name, complete address, telephone number and, if applicable, email address and facsimile number.
3#
If the respondent is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number.
4#
If the respondent is represented by a person that is not a member of the bar of a province, a statement to that effect.
5#
The details of the answer that include
(a)a statement that sets out the elements that the respondent agrees with or disagrees with in the application;
(b)a full description of the facts; and
(c)the arguments in support of the answer.
Schedule 7 · Reply to Answer (Subsection 20(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
Schedule 8 · Intervention (Subsection 21(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
2#
The intervener’s name, complete address, telephone number and, if applicable, email address and facsimile number.
3#
If the intervener is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number.
4#
If the intervener is represented by a person that is not a member of the bar of a province, a statement to that effect.
5#
The details of the intervention that include
(a)a statement that indicates the day on which the intervener became aware of the application;
(b)a statement that indicates whether the intervener supports the applicant’s position, the respondent’s position or neither position; and
(c)the information that the intervener would like the Agency to consider.
Schedule 9 · Response to Intervention (Section 22)
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
The details of the response that include
(a)a statement that sets out the elements that the person agrees with or disagrees with in the intervention; and
(b)the arguments in support of the response.
Schedule 10 · Position Statement (Subsection 23(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
If the person is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number.
Schedule 11 · Written Questions or Request for Documents (Subsection 24(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
4#
A list of the written questions or of the documents requested, as the case may be, and an explanation of their relevance to the dispute proceeding.
Schedule 12 · Response to Written Questions or Request for Documents (Subsection 24(2))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
Schedule 13 · Request (Subsections 27(1), 28(1), 30(1), 32(1), 33(1), 34(1), 35(1) and 36(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
The details of the request that include
(a)the relief claimed;
(b)a summary of the facts; and
(c)the arguments in support of the request.
Schedule 14 · Response To Request (Subsections 27(2), 28(4), 30(2) and 31(4) and paragraphs 33(2)(a) and 34(2)(a))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
4#
The details of the response that include
(a)a statement that sets out the elements that the person agrees with or disagrees with in the request; and
(b)the arguments in support of the response.
Schedule 15 · Reply to Response to Request (Subsections 27(3), 28(5), 30(3), 33(3) and 34(3))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
Schedule 16 · Request To Intervene (Subsection 29(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
2#
The name of the person that wishes to intervene in the dispute proceeding, their complete address, telephone number and, if applicable, email address and facsimile number.
3#
If the person is represented by a member of the bar of a province, the representative’s name, firm, complete address, telephone number and, if applicable, email address and facsimile number.
5#
The details of the request that include
(a)a demonstration of the person’s substantial and direct interest in the dispute proceeding;
(b)a statement specifying the date on which the person became aware of the application;
(c)a statement that indicates whether the person supports the applicant’s position, the respondent’s position or neither position; and
(d)a statement of the participation rights that the person wishes to be granted in the dispute proceeding.
Schedule 17 · Request for Confidentiality (Subsection 31(1))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
The details of the request that include
(c)the arguments in support of the request, including an explanation of the relevance of the document to the dispute proceeding and a description of the specific direct harm that could result from the disclosure of the confidential information.
Schedule 18 · Request for Disclosure (Subsection 31(3))
1#
The applicant’s name, the respondent’s name and the file number assigned by the Agency.
3#
The details of the request that include
(a)an identification of the documents for which the party is requesting disclosure;
(b)a list of the individuals who need access to the documents; and
(c)an explanation as to the relevance of the documents for which disclosure is being requested and the public interest in its disclosure.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.