R-6.01, r. 4.2 - Rules of procedure governing mediation of the Régie de l’énergie

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chapter R-6.01, r. 4.2
Rules of procedure governing mediation of the Régie de l’énergie
RÉGIE DE L’ÉNERGIE — RULES OF PROCEDURE
Act respecting the Régie de l’énergie
(chapter R-6.01, ss. 113 and 115).
R-6.01
July 3 2018August 2 2018
CHAPTER I
GENERAL PRINCIPLES
931-2018, c. IO.C. 931-2018, c. I.
1. Mediation provides a means for reaching a negotiated settlement with respect to a complaint by a consumer against the electric power carrier or a distributor of electric power or natural gas, with a view to finding a mutually satisfactory solution.
931-2018O.C. 931-2018, s. 1.
2. The mediation process shall be governed by the rules provided herein and is intended to be flexible and non-formalistic.
931-2018O.C. 931-2018, s. 2.
CHAPTER II
MEDIATION
931-2018, c. IIO.C. 931-2018, c. II.
3. The conference to which the Régie de l’énergie calls the parties pursuant to section 100.0.1 of the Act respecting the Régie de l’énergie (chapter R-6.01) may be held by using any appropriate technological means, with the parties’ consent.
During this conference, the parties may confirm in writing their willingness to enter into mediation.
931-2018O.C. 931-2018, s. 3.
4. The reasons given by the electric power carrier or the distributor to justify its unwillingness to enter into mediation are transcribed in the decision on the complaint.
931-2018O.C. 931-2018, s. 4.
5. Within 15 days after receiving the parties’ written confirmation of their willingness to enter into mediation, examination of the complaint is suspended and the media-tor designated by the Régie calls the parties to a mediation session.
However, if the parties confirm in writing their willingness to enter into mediation during the conference referred to in section 3, examination of the complaint is suspended and a mediation session may, with the parties’ consent, commence immediately before the mediator designated by the Régie.
931-2018O.C. 931-2018, s. 5.
6. The mediation sessions may be held by using any appropriate technological means, with the parties’ consent.
931-2018O.C. 931-2018, s. 6.
DIVISION I
ROLE OF THE MEDIATOR AND OBLIGATIONS OF THE PARTIES
931-2018, Div. IO.C. 931-2018, Div. I.
7. The mediator must be capable of acting impartially and diligently and in accordance with the requirements of good faith.
The mediator has a duty to treat the parties fairly and must see that each party has an opportunity to argue its case. The mediator may also propose solutions, with the parties’ consent.
931-2018O.C. 931-2018, s. 7.
8. The mediator may suspend a mediation session at any time in the interests of the parties or one of the parties. The mediator may also end the mediation session if warranted by the circumstances.
931-2018O.C. 931-2018, s. 8.
9. If the parties agree to enter into mediation to resolve the complaint, they shall sign a mediation agreement. The agreement shall specify, in particular, that mediation is undertaken freely and voluntarily, the role of the mediator, the obligations of the parties and the confidentiality of the mediation process.
931-2018O.C. 931-2018, s. 9.
10. The parties are required to participate in the mediation process in good faith, to be transparent with each other, including as regards the information in their possession, and to cooperate actively in searching for a solution.
The parties may, at any time in the mediation process, exchange offers, proposals or solutions in order to resolve the complaint.
931-2018O.C. 931-2018, s. 10.
DIVISION II
CONFIDENTIALITY OF MEDIATION
931-2018, Div. IIO.C. 931-2018, Div. II.
11. The mediator and the parties to the mediation must preserve the confidentiality of anything said, written or done during mediation, subject to their agreement on the matter or to any special provisions of the law.
931-2018O.C. 931-2018, s. 11.
12. Consent to allow inadmissible evidence consisting of information and documents exchanged during mediation must be given in writing and be signed by the parties.
931-2018O.C. 931-2018, s. 12.
DIVISION III
RESULTS OF MEDIATION
931-2018, Div. IIIO.C. 931-2018, Div. III.
13. When mediation leads to an agreement, a written statement to that effect must be signed by the mediator and the parties.
The mediator must send this statement to the Régie, which ceases examining the complaint.
931-2018O.C. 931-2018, s. 13.
14. When mediation does not lead to an agreement, but the parties agree, in order that mediation be continued, to an extension of the period during which the examination of the complaint is suspended in accordance with section 100.1 of the Act respecting the Régie de l’énergie (chapter R-6.01) the mediator sends written notice to that effect to the Régie prior to the end of this period. Failing such notice, the Régie resumes examining the complaint.
931-2018O.C. 931-2018, s. 14.
CHAPTER III
FINAL PROVISIONS
931-2018, c. IIIO.C. 931-2018, c. III.
15. Division I of Chapter III of the Rules of Procedure of the Régie de l’énergie (chapter R-6.01, r. 4.1) is repealed.
931-2018O.C. 931-2018, s. 15.
16. (Omitted).
931-2018O.C. 931-2018, s. 16.
REFERENCES
O.C. 931-2018, 2018 G.O. 2, 3199