Pipeline Arbitration Committee Procedure Rules, 1986 (SOR/86-787)

12 Where, pursuant to subsection 11(1), a company applies for an order, it shall file with the Committee five copies of its written application, together with an affidavit disclosing

• (a) the efforts made to effect personal service;

• (b) the prejudice to any person that would result from further efforts at personal service; and

• (c) the last known address of the person on whom a notice of arbitration is required to be served, the address of the residence or place of business of the person or any other place thought to be frequented by the person, the names and addresses of any persons who may be in communication with the person, or any other information respecting where the person might be found.

• 13 (1) Substituted service of a notice of arbitration may be effected by one or more of the following methods:

  • (a) leaving the notice of arbitration with an adult person at the residence or place of work or business of the person or at any other place thought to be frequented by the person;

  • (b) leaving the notice of arbitration with any other adult person who may be in communication with the person;

  • (c) sending the notice of arbitration by registered mail to the last known address of the person;

  • (d) publishing the notice of arbitration in one or more publications in general circulation in the area where the person was last known to be or is thought to be; or

  • (e) any method that appears to the Committee likely to bring the notice of arbitration to the attention of the person.

• (2) [Revoked, SOR/93-240, s. 2]

Service of Order

14 Where a notice of arbitration is served by substituted service ordered by a Committee pursuant to subsection 11(1), it shall be accompanied by a copy of the order of the Committee ordering the substituted service unless the Committee orders otherwise.

Notice Deemed Received

15 Where a notice of arbitration is served by substituted service ordered by a Committee pursuant to subsection 11(1), it shall be deemed to have been received by the person entitled thereto on the day following the day on which each method of substituted service ordered by the Committee was carried out or on such later day as the Committee may fix in the order for substituted service of that notice of arbitration.

Proof of Service

• 16 (1) Proof of service of any notice of arbitration or other notice or document that is required to be served by an owner of lands shall be filed with the Committee at the time of the hearing, except where the notice of arbitration or other notice or document was given to or served on the Committee or the Minister.

• (2) Proof of service of any notice of arbitration or other notice or document that is required to be served by a company shall be filed with the Committee within 10 days of the service.

17 Where a person who has an interest in a hearing and who has not been served notice of arbitration under section 75.12 of the Act requests the Committee to add him as a party to the hearing, the Committee may designate that person as a party to the hearing on such terms and conditions as the Committee may determine.

Documents

18 The Committee shall, during regular business hours, make any notice or document filed with the Committee in relation to a hearing available for inspection by a party to the hearing and shall allow the party to make copies of the notice or document at his own expense.

• 19 (1) Where a document is referred to in a notice of arbitration or a reply, any party to a hearing may, in writing, request the party who has the document or any other relevant document in his possession or control to produce the document for inspection by him or his counsel and to allow him or his counsel to make copies of the document at his own expense.

• (2) Where, pursuant to subsection (1), a party to a hearing is requested to produce a document and fails to do so the Committee shall refuse to allow the party to put the document in evidence at the hearing to his own advantage unless the Committee is satisfied that the party had sufficient reason for failing to comply with the request.

• (3) Where a party fails to produce a document requested pursuant to subsection (1), the party making the request may introduce secondary evidence of the document.

Additional Information

• 20 (1) Where a notice of arbitration has been served on a Committee, the Committee may, before making a determination on the matter referred to in the notice, request any party to the hearing to furnish the Committee with such information or documents as the Committee requires to make a determination.

• (2) Where, pursuant to subsection (1), a Committee requests a party to furnish it with information or documents, the party shall do so.

Formulation and Settlement of Issues

• 21 (1) Where it appears to the Committee that the statements contained in a notice of arbitration or a reply referred to in section 7 do not sufficiently raise or disclose the issues in dispute between the parties to a hearing, the Committee may order the parties to formulate the issues in dispute.

• (2) Where, pursuant to subsection (1), a Committee directs the parties to a hearing to formulate the issues in dispute and the parties fail to do so, the Committee may formulate the issues in dispute.

Conference

22 A Committee may direct the parties to a hearing or their counsel to appear before three members of the Committee at a specified time and place for a conference before or during the hearing or to make submissions in writing, for the purpose of formulating issues and considering

• (a) the simplification of issues;

• (b) the necessity or desirability of amending the notice of arbitration or the reply to clarify, amplify or limit the issues;

• (c) the making of admissions of certain facts, the proving of certain facts by affidavit or the use by any party of documents of a public nature;

• (d) the procedure to be followed at the hearing;

• (e) the mutual exchange between the parties of supporting documents and exhibits proposed to be submitted at the hearing; and

• (f) such matters as may aid in the simplification of the evidence and the disposition of the proceedings.

Stay of Proceedings

23 Where, in any proceeding, the Committee requests a party to furnish further information, documents or submissions in writing, the Committee may order a stay of proceedings for such time as the Committee considers reasonable in the circumstances.

Incapacity

• 24 (1) Where a party to a hearing dies or becomes incapacitated after service of a notice of arbitration and prior to a final decision on or discontinuance of the hearing and the Committee is satisfied with the proof of the death or incapacity filed with the Committee, the Committee may postpone the hearing until the heirs, executors, administrators, guardians, trustees or other duly appointed representatives of the party are able to resume the proceedings.

• (2) Where within 60 days after the date on which a party to a hearing died or became incapacitated the proceedings have not resumed, the other parties to the hearing may invoke section 28.

Hearings

• 25 (1) A Committee shall serve a notice of hearing setting out the time, date and place of the hearing on the parties to the hearing at lease 30 days prior to the date fixed for the hearing.

• (2) Where a company receives a notice of hearing referred to in subsection (1), it shall, at least 20 days prior to the date of the hearing, serve a copy of the notice on any person known by the company to have an interest in the lands in question or an interest in all or any part of any compensation that may be awarded.

• 26 (1) Any person who proposes to appear at a hearing shall file a notice of appearance with the Committee at least 15 days prior to the date fixed for the hearing.

• (2) A Committee may admit any person who has not been served, in respect of a hearing, a notice of arbitration or a notice of hearing to the hearing if it is satisfied that the person has an interest in the lands in question.

27 A Committee may exclude witnesses from a hearing where a party to the hearing requests the exclusion.

28 Where, pursuant to subsection 25(1), a party to a hearing is served with a notice of hearing and fails to attend the hearing, the Committee may, if any party other than the company will be prejudiced by an unreasonable delay, proceed with the hearing and render its decision in the absence of that party.

29 Where a respondent fails to file a reply to a notice of arbitration within the time set out in section 9, the Committee may proceed with the hearing and dispose of the arbitration in the absence of that party.

30 A Committee may, whenever it considers it reasonable to do so, order that written briefs be filed by the parties to a hearing in addition to or, if the parties agree thereto, in lieu of oral argument.

31 Where a Committee commences a hearing, it shall proceed with the hearing from day to day as far as may be practicable in the opinion of the Committee.

Adjournments

• 32 (1) Subject to sections 28 and 29, the Committee may adjourn a hearing for such time, to such place and on such terms as it considers necessary.

• (2) A Committee may continue a hearing after an adjournment without serving a notice of hearing on the parties to the hearing where the parties attended the adjourned hearing.

• (3) Where a hearing is adjourned sine die, the Committee shall serve a notice of hearing on the parties to the hearing at least 10 days prior to the day on which the hearing is to resume.

• 33 (1) Where a party to a hearing wishes an adjournment and the other parties to the hearing agree to the adjournment, the party wishing the adjournment shall forthwith inform the Committee conducting the hearing.

• (2) Where a party to a hearing wishes an adjournment but not all the parties to the hearing agree to the adjournment, the party wishing the adjournment may, on written notice served on the other parties, appear before the Committee prior to the date fixed for the hearing and request an order for the adjournment of the hearing.

Subpoena

• 34 (1) A Committee may issue a subpoena ordering a person to testify under oath or to produce at a hearing any document relevant to the hearing.

• (2) A subpoena shall be in the form set out in the schedule and shall be signed by the Chairman of the Committee that issued it.

• 35 (1) No subpoena shall, without the leave of a Committee, be issued to compel the appearance of a witness who is, when served, more than 500 miles from the place where he is, by the terms of the subpoena, required to attend.

• (2) Leave may be granted under subsection (1) on an ex parte application.

• (3) No witness is bound to appear pursuant to a subpoena unless there has been paid or tendered to him conduct money in an amount sufficient for his fees and travelling expenses.

• (4) Where any other rule provides for a witness being required to attend for any purpose other than a hearing pursuant to a subpoena, subsection (3) applies and the witness is entitled to witness fees as though he were required to attend for a hearing.

Witnesses

36 A Committee may, where requested by a party to a hearing prior to the hearing, order any other party to the hearing to file with the Committee copies of all appraisal reports and other documentary evidence that that other party intends to introduce at the hearing, and the name, address and qualifications, in the case of an expert, of any witness that other party intends to call at the hearing.

37 Witnesses at a hearing shall be examined orally on oath, unless otherwise provided by these Rules.

• 38 (1) A Committee may, at any time prior to the commencement of a hearing and for sufficient reason, direct that a fact be proved by affidavit, that the affidavit of any witness be read at a hearing on such conditions as the Committee considers reasonable or that any witness be examined before three members of the Committee or any person who is appointed by it for that purpose and is authorized to administer oaths in the presence of the parties to the hearing or their counsel.

• (2) The Committee shall notify any witness referred to in subsection (1) of the time and place of examination.

• 39 (1) Where, pursuant to subsection 38(1), a witness is examined before three members of a Committee or a person appointed by it, the three members or the person shall take a deposition of the evidence of the witness and shall give the deposition to the Committee within 10 days after the examination, certified under the hand of the three members or person.

• (2) A deposition referred to in subsection (1) and certified as set out in that subsection is admissible in evidence at a hearing.