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

40 A Committee may order further evidence to be given orally or by deposition before the Committee, a member of the Committee or any other person who is appointed by the Committee for that purpose and is authorized to administer oaths.

Amendments

41 A Committee may, on such terms as it considers advisable, order an amendment to any pleading that, in the opinion of the Committee, may tend to prejudice or delay a fair hearing of the case if, in the opinion of the Committee, the amendment is necessary for the purposes of the hearing and for determining the real question in issue between the parties to the hearing.

Joint Proceedings

42 A Committee may, on such terms as it considers necessary, order that a matter or a proceeding in respect of a hearing be consolidated with a matter or proceeding in respect of any other hearing after it has considered representations from the parties to the hearings.

Defect in Form or Irregularity

43 No proceeding during a hearing shall be defeated by any objections based solely on defect in form or on any technical irregularity.

44 Where a Committee extends or shortens the time set out in these Rules for the filing of a reply, the time so extended or shortened shall be noted on the notice of arbitration or the reply, as the case may be, or in such manner as the Committee may prescribe.

Deposit

• 45 (1) Where a Committee awards compensation to an owner who has become incapacitated and is not represented, or to an owner who is absent or unknown, or whose whereabouts are unknown, the Committee may order the company to pay into the superior court of the province nearest to the lands affected the amount together with interest awarded as compensation to that owner and to deliver to the clerk of the court a certification of the decision of the Committee.

• (2) Where, pursuant to subsection (1), a Committee orders a company to pay an amount into a court, the company shall insert a notice of payment in a newspaper of general circulation within the county where the lands are situated or, if no newspaper is published in that county, in the official gazette of the province, and also in a newspaper of general circulation in the nearest county in which such a newspaper is published.

• (3) Where, pursuant to subsection (2), a company inserts a notice of payment in a newspaper or gazette, the notice shall be in such form and be inserted for such period as the Committee orders.

Application for Review

• 46 (1) Where a party to a hearing applies to a Committee to review, rescind or amend a Committee’s decision pursuant to section 75.22 of the Act, that party shall serve an application on the Committee and on all other parties who attended the hearing.

• (2) The application referred to in subsection (1) shall

  • (a) be dated and signed by the party making it;

  • (b) set out the full name and address of the party making it;

  • (c) set out the full names and addresses of the other parties who attended the hearing;

  • (d) set out the date and nature of the decision of the Committee that is the subject of the application;

  • (e) set out the type of decision sought;

  • (f) set out, where applicable, the reasons that the party making the application considers sufficient to cast doubt on the accuracy of the decision;

  • (g) set out, where applicable, any new circumstances that have arisen since the decision was made or the hearing was held;

  • (h) set out, where applicable, any new facts that have emerged since the decision was made or since the hearing was held;

  • (i) set out, where applicable, the facts that were not taken into consideration by the Committee when making the decision or during the hearing and that could not be discovered prior to the hearing notwithstanding that reasonable care was taken.

Secretariat

• 47 (1) The Minister may establish a secretariat to coordinate the activities of Committees.

• (2) Where the Minister establishes a secretariat, he shall publish the address for the secretariat in the Canada Gazette.