T-12, r. 11 - Regulation respecting the procedure of the Commission des transports du Québec

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chapter T-12, r. 11
Regulation respecting the procedure of the Commission des transports du Québec
TRANSPORT — PROCEDURE — COMMISSION
Transport Act
(chapter T-12, s. 48).
T-12
September 1 2012
DIVISION I
PRELIMINARY PROVISIONS
1. The purpose of these rules is to insure the prompt and simple processing of an application in keeping with the duty to act fairly.
Decision 98-10-27, s. 1.
2. If the means of exercising a right has not been provided for within these rules, it may be compensated by any means not inconsistent with them or with any provision of the law.
Decision 98-10-27, s. 2.
3. At any time, any defect of form or procedural irregularity may be remedied upon permission of the Commission.
Decision 98-10-27, s. 3.
4. The Commission may release a person from his failure to act within the time prescribed by law if that person establishes that he was unable, for serious and valid reason, to act sooner and if the Commission considers that no other person concerned suffers serious prejudice.
Decision 98-10-27, s. 4.
DIVISION II
DEFINITIONS
5. In these rules, unless the context indicates otherwise,
“application” means any application, including a procedure by filing, and a question treated at the Commission’s own initiative;
“special permit” means a permit issued in answer to an emergency where no permit holder is able to ensure the required services;
“temporary permit” means a permit issued in case of an exceptional and unforeseeable emergency.
Decision 98-10-27, s. 5.
DIVISION III
GENERAL APPLICATION PROVISIONS
§ 1.  — Delays
6. If a time period expires on a day when the offices of the Commission are closed, it is extended to the following working day.
Decision 98-10-27, s. 6.
7. In the computation of any time period, the starting day is not counted but the expiry day is.
Decision 98-10-27, s. 7.
8. Unless the law to which these rules apply contains contrary provisions, the time to present observations is of at least 10 days.
It is determined either in the notice published according to section 17, in the notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) or in any other notice given by the Commission.
Decision 98-10-27, s. 8.
§ 2.  — Transmission of a document
9. The transmission of a document may be made, among other means, by electronic, regular or registered mail, bailiff, fax, or any other means providing proof of expedition or reception.
However, an application for a temporary permit may be forwarded by any written communication including by telegram or fax.
Decision 98-10-27, s. 9; I.N. 2016-01-01 (NCCP).
10. Where circumstances require, the Commission may authorise another means of transmission.
Decision 98-10-27, s. 10.
11. Any transmission by the Commission to a carrier or a person registered with the Commission, to the last recorded address, is deemed to have been validly made to this carrier or person.
Decision 98-10-27, s. 11.
12. A preliminary application or an application accessory to a main application must be forwarded to the Commission and to the persons concerned at least 5 days prior to its presentation date, failing which it will be processed on the date and in the manner that the Commission sets.
Decision 98-10-27, s. 12.
§ 3.  — Representation
13. The attorney who represents a person must notify the Commission of the fact, in writing.
Decision 98-10-27, s. 13.
14. The attorney who ceases to represent a person must notify the Commission of the fact, as well as the other persons in the record, in writing, indicating the date of termination of his mandate.
Decision 98-10-27, s. 14.
DIVISION IV
PROCESSING OF APPLICATIONS AND OBSERVATIONS
§ 1.  — General rules
15. Any application addressed to the Commission shall be transmitted to it at its Québec or Montréal offices or at any other address it designates, by means of the prescribed forms, as the case may be, and be accompanied by the payment of the applicable fees and duties.
Decision 98-10-27, s. 15; Decision 2004-08-24, s. 1.
16. The Commission, on the conditions it determines, may authorize a person who must transmit any document to it, including any application, document in support of an application or form, to communicate it to the Commission by means of any medium making use of information technology.
Decision 98-10-27, s. 16; Decision 2004-08-24, s. 2.
16.1. An intelligible written transcript of the data the Commission has stored on any medium making use of information technology shall be part of its documents and shall prove its content when it is certified to be true by an authorized person.
In the case of data which has been communicated to it pursuant to section 16, the transcript may only be valid if it faithfully reproduces the data.
Decision 2004-08-24, s. 3.
§ 2.  — Publication of an application
17. In the case where these rules demand it or when the Commission orders it, a notice of the application is published by the Commission, at the applicant’s expense, on any medium or by any means using information technology that it considers appropriate.
Decision 98-10-27, s. 17; Decision 2006-01-04, s. 1.
18. A notice must be published in the following cases:
(1)  the application for a permit or for a change, maintenance or transfer of permit and the application for a route change:
(a)  (subparagraph revoked);
(b)  for bus transport except that for a permit for a period of less than 60 days;
(2)  the permit, modification, maintaining, transfer and specialization application for transport by taxi;
(3)  the application for a bulk trucking services brokerage permit and that for the modification or renewal of such a permit;
(4)  the application for reinstatement of a bus transport permit referred to in section 15.2 of the Bus Transport Regulation (chapter T-12, r. 16);
(5)  the application for a certificate of aptitude relating to rail transportation;
(6)  the application for a special permit:
(a)  (subparagraph revoked);
(b)  (subparagraph revoked);
(c)  (subparagraph revoked);
(d)  (subparagraph revoked);
(7)  the application for particular fixing of tariffs as well as the application for modification or revocation of filed tariffs;
(8)  the application to discontinue, partly or totally, urban or interurban bus transport;
(9)  in the case of urban or intercity transportation by bus, the filing of a change of schedule or frequency when treated as an application, in accordance with section 22;
(10)  a filing of tariffs when treated as an application in accordance with section 21;
(11)  any other application that the Commission could designate in its policies and practices.
Decision 98-10-27, s. 18; Decision 99-12-15, s. 1; Decision 2004-08-24, s. 4.
19. The application for a temporary permit as well as any territorial modification to a permit resulting from the decision of an administrative authority other than the Commission are not subject to the publication of a notice.
Decision 98-10-27, s. 19.
20. (Revoked).
Decision 98-10-27, s. 20; Decision 99-12-15, s. 2.
21. The Commission may refuse the filing of tariffs; in that case, the filing is treated as an application requiring publication of a notice at the expense of the applicant, as provided for in section 44 of the Rules of practice and rules for the internal management of the Commission des transports du Québec (chapter T-12, r. 12).
Sections 42 to 45.3 of the Rules of practice and rules for the internal management of the Commission des transports du Québec or any other regulation made by the Government in accordance with the third paragraph of section 46 of the Transport Act (chapter T-12) determine the forms of filing and terms of coming into force of tariffs.
Decision 98-10-27, s. 21.
22. In the case of transportation by bus, the change of schedule or frequency, which has been posted for 10 consecutive days in the applicant’s buses prior to its filing, shall come into force on the 15th day following the date of its filing at the Commission or on any later date indicated by the applicant.
A proof of posting and a specimen or a copy of the sign must accompany the filing.
The Commission may refuse a filing; in that case, the filing is treated as an application requiring publication of a notice at the expense of the applicant in the case provided for in paragraph 9 of section 18.
Decision 98-10-27, s. 22; Decision 2004-08-24, s. 5.
23. Notice of an application to discontinue, partly or totally, urban or interurban bus transport services must be posted in the applicant’s buses for 10 consecutive days prior to transmission of the application to the Commission.
A proof of posting and a specimen or a copy of the sign must accompany the application.
Decision 98-10-27, s. 23.
24. The sign referred to in sections 22 and 23 must indicate that any interested person may present observations to the Commission within at least 10 days following the last day of posting.
Decision 98-10-27, s. 24.
§ 3.  — Observations
25. A person may, within the time indicated in the notice published or transmitted to him, as the case may be, present observations to support or oppose an application.
Decision 98-10-27, s. 25.
26. To be admissible, the observations must:
(1)  have been transmitted to the Commission and the applicant, where applicable, within the time indicated;
(2)  be useful for the making of the decision;
(3)  be accompanied by a proof of transmission to the applicant, where applicable, and the fees prescribed by regulation.
The observations transmitted to the Commission by an applicant or a permit holder who received the notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) are made without costs.
Decision 98-10-27, s. 26.
27. The Minister of Transport and the Attorney General may, at any time, without notice or costs, present observations to the Commission, in any matter submitted to the Commission.
Decision 98-10-27, s. 27.
DIVISION V
DECISIONS OF THE COMMISSION
§ 1.  — General rules
28. Where there are observations opposing an application, the Commission makes its decision after having given the persons concerned the opportunity to present, without costs, additional observations if it so considers necessary.
Decision 98-10-27, s. 28.
29. The president or the vice-president he designates, if he considers it necessary, may decide that several applications submitted to the Commission are to be processed simultaneously and decided based on the same elements of information or that those provided relative to one application are to be used for the other.
He may also decide that one application is to be processed first, the others being suspended until a decision is made relative to the first application.
Decision 98-10-27, s. 29.
30. The president or the vice-president he designates may replace with another member, with the consent of the persons concerned, a member who has processed an application, where the latter is ill, becomes incapable of acting as such, resigns, retires or dies before a decision is rendered.
Decision 98-10-27, s. 30.
31. The president or the member he designates may decide that an application is to be processed in priority or immediately, according to the terms he determines.
Decision 98-10-27, s. 31.
32. Applications accessory to a main application are processed in priority by the member designated by the president, which member also decides any question raised to him.
Decision 98-10-27, s. 32.
33. The designated member may dispose of such applications upon a reading of the record or after having met with the persons concerned at the date indicated in the application or at any other time agreed upon with them, or refer them to the member who is treating the related main application.
Decision 98-10-27, s. 33.
34. The Commission may, in its policies and practices, provide for the terms of processing of the applications, in particular the time and place of the meetings referred to in section 33.
Decision 98-10-27, s. 34.
§ 2.  — Hearings
35. The Commission holds hearings each time a person concerned indicates he wishes to present observations at a hearing, unless it appears in the record that it is not necessary to resolve the question.
It also holds hearings each time it considers it necessary, whether there are observations or not.
Decision 98-10-27, s. 35.
36. The Commission notifies the persons concerned or their representative, within reasonable time and in a way it considers appropriate, of the date, time and place of the hearing.
Decision 98-10-27, s. 36.
37. If, at the date set for the hearing, a person concerned is absent, the Commission may proceed without further notice or delay.
Decision 98-10-27, s. 37.
38. The person who requires the presence of a witness may summon him by way of an appearance notice issued by the Commission and served at least 5 days prior to the hearing date.
A person may, in the same way, be summoned to produce documents.
Decision 98-10-27, s. 38.
39. The Commission may postpone the hearing to another date or adjourn it.
It may set conditions for the postponement or adjournment.
No postponement is granted solely based on the consent of the persons concerned.
The application for postponement made before the set date is filed in writing to the president or the designated vice-president.
Decision 98-10-27, s. 39; I.N. 2016-01-01 (NCCP).
40. The Commission may record the observations presented at a hearing according to the means of recording of its choice. The recording shall be part of the file.
Any recording by any person is forbidden unless previously authorized by the Commission.
Decision 98-10-27, s. 40; Decision 2004-08-24, s. 6.
41. Where circumstances demand or allow it, the Commission may hold hearings by means of telephone or video conferencing. The hearing is then considered to have been held in the Commission’s offices in Québec or Montreal.
Decision 98-10-27, s. 41.
42. Each of the persons concerned may present observations.
Decision 98-10-27, s. 42.
43. An interpreter under oath may assist any person, at his expense.
Decision 98-10-27, s. 43.
44. Minutes of all hearings are drawn up; these minutes must contain the names of the persons concerned, attorneys and witnesses, mention of all documents produced and reference to any decision made during the hearing.
Decision 98-10-27, s. 44.
DIVISION V.1
FILES OF THE COMMISSION
Decision 2001-10-31, s. 1.
44.1. Upon receipt of an application, the Commission assigns it a number and opens a file, as the case may be.
Decision 2001-10-31, s. 1.
44.2. The numbers are assigned consecutively in chronological order.
Decision 2001-10-31, s. 1.
44.3. The Commission maintains an up-to-date list in Québec and Montréal of all the applications filed with it.
Decision 2001-10-31, s. 1.
44.4. The Commission sets up and maintains a filing system of all applications and all related documents are deposited therein.
Decision 2001-10-31, s. 1.
44.5. A document issued by the Commission or included in its files, except for a permit certificate, is authentic when it is certified and signed by the secretary, a director or a lawyer of the Commission.
Decision 2001-10-31, s. 1.
44.6. The public may have access, during normal business hours, to the list of applications filed.
Decision 2001-10-31, s. 1.
44.7. A person, on request, may have access to and obtain a copy of any public document.
Decision 2001-10-31, s. 1.
44.8. The following information from the bulk trucking register is public, in addition to that of the Registre des propriétaires et des exploitants de véhicules lourds: the operator’s number in the Registre des propriétaires et des exploitants de véhicules lourds, the operator’s number in the bulk trucking register, the number of trucks recorded in the register and their registration number, the number of the broker and the brokerage zone where the operator is a member and, as the case may be, the sticker number assigned to the operator.
Decision 2001-10-31, s. 1.
44.9. The following information from the list of truckers is public, in addition to that of the Registre des propriétaires et des exploitants de véhicules lourds: the trucker’s number in the Registre des propriétaires et des exploitants de véhicules lourds.
Decision 2001-10-31, s. 1.
44.10. The following information from the Commission’s files is public, in addition, as the case may be, to that of the Registre des propriétaires et des exploitants de véhicules lourds: as the case may be, the applicant’s number in the Registre des propriétaires et des exploitants de véhicules lourds and the information he provides to the Commission in support of his application in matters where the Commission exercises discretionary power.
Also public is the information produced by an applicant concerning an applicant’s knowledge, experience and skills, information of a similar nature concerning its human resources, the list of an applicant’s shareholders, directors or partners and their equity in the company, its fleet of vehicles, information of a similar nature contained in contracts and letters of credit or support, its annual financial statements and, as the case may be, the subscription contracts for brokerage services and the director’s hiring contract.
Decision 2001-10-31, s. 1.
DIVISION VI
ELEMENTS OF INFORMATION
45. The Commission bases its decision on the elements of information and documents contained in the record.
Decision 98-10-27, s. 45.
46. The Commission may accept or request any element of information or document it considers useful to resolve the questions at hand.
Decision 98-10-27, s. 46.
47. The expert witness gives an opinion on a question within the scope of his expertise; he may be declared expert when his competence or experience has been established or has been recognized by the persons concerned.
Decision 98-10-27, s. 47.
DIVISION VII
CORRECTION AND REVIEW OF A DECISION
48. The Commission forwards a copy of the decision to the persons concerned and their attorney, by mail or any other means.
Decision 98-10-27, s. 48.
49. A decision of the Commission containing an error in writing or in calculation or any other clerical error may be corrected by the Commission.
Decision 98-10-27, s. 49.
50. An application for review of a decision is notified to the Commission within 30 days following the coming into force of the decision and is referred to the president, or to the member he designates, who determines the terms of processing.
Decision 98-10-27, s. 50.
51. A person whose application has been rejected may not reapply within 6 months of the rejection, unless within that period, new facts occur which, had they existed at the time of the application, could have changed the decision.
Decision 98-10-27, s. 51.
DIVISION VIII
MISCELLANEOUS PROVISIONS
52. An applicant may, at any time, withdraw his application by written declaration. Upon receiving the declaration, the Commission or the member processing the application closes the record.
Decision 98-10-27, s. 52.
53. The Commission may declare an application abandoned if a year has elapsed since the date of transmission of the last document or of the observations on record.
It must notify the persons concerned or their representative of its intention.
Decision 98-10-27, s. 53.
54. Where the Commission notes that a permit has become obsolete, it may cancel it without other formality, having insured that no right is affected and no one suffers any prejudice.
Decision 98-10-27, s. 54.
55. Unless decided otherwise by the Commission, the recognition regarding a league of taxi owners or a regional association of truckers is automatically renewed yearly.
Decision 98-10-27, s. 55.
DIVISION IX
FINAL PROVISIONS
56. (1)  (Amendment integrated into the Rules of practice and rules for the internal management of the Commission des transports du Québec (chapter T-12, r. 12);
(2)  (Amendment integrated into the Rules of practice and rules for the internal management of the Commission des transports du Québec (R.R.Q., 1981, c. T-12, r. 14)).
Decision 98-10-27, s. 56.
57. (Omitted).
Decision 98-10-27, s. 57.
REFERENCES
Decision 98-10-27, 1998 G.O. 2, 4451
Decision 99-12-15, 2000 G.O. 2, 821
Decision 2001-10-31, 2002 G.O. 2, 190
Decision 2004-08-24, 2004 G.O. 2, 2863
Decision 2006-01-04, 2006 G.O. 2, 140