T-12, r. 11.1 - Internal by-law and Regulation respecting the procedure of the Commission des transports du Québec

Updated to 30 November 2024

This document has official status.

chapter T-12, r. 11.1

Internal by-law and Regulation respecting the procedure of the Commission des transports du Québec

Transport Act

(chapter T-12, s. 48).

DIVISION I GENERAL PROVISIONS

Decision 2024-10-23, Div. I.

1. This Regulation applies, unless the context points to a different meaning, to all applications submitted to the Commission des transports du Québec, including those it chooses to process, as well as to interventions or procedures by filing.

It also seeks to ensure that applications are processed with the cooperation of the persons involved and their representatives, when applicable, and through the use of available technological means.

The term “member” also refers to a group of such persons.

The term “party” means a person concerned and, as the case may be, an authorized intervenor under section 30 or a person whose interest is acknowledged by a section mentioned in the second paragraph of section 33. Unless otherwise indicated by context and bearing in mind the necessary modifications, provisions concerning a party apply to an attorney of the Commission, the Attorney General and the Minister of Transport.

Decision 2024-10-23, s. 1.

2. Documents submitted in support of an application, procedural measures and the evidence presented must be proportional to the nature and complexity of the case in question, and this for the entire duration of the latter.

Decision 2024-10-23, s. 2.

3. A member may, at all times and at conditions he determines, authorize a person to remedy any defect of form or procedure.

Decision 2024-10-23, s. 3.

4. The Commission or one of its members, as the case may be and in the absence of provisions applicable to a specific case provided for in this Regulation, may compensate by turning to a procedure compatible with the law or this Regulation.

Decision 2024-10-23, s. 4.

DIVISION II BUSINESS HOURS, STATUTORY HOLIDAYS AND TIMEFRAMES/DEADLINES

Decision 2024-10-23, Div. II.

5. The Commission’s days and hours of operation, i.e., those periods during which it is open to the public, are indicated on its Web site.

Decision 2024-10-23, s. 5.

6. The following statutory holidays and days off are observed:

(1)  Saturdays and Sundays;

(2)  1 and 2 January;

(3)  Good Friday;

(4)  Easter Monday;

(5)  the Monday prior to 25 May;

(6)  24 June;

(7)  1 July, or 2 July when the 1st falls on a Sunday;

(8)  the first Monday in September;

(9)  the second Monday in October;

(10)  24, 25, 26 and 31 December;

(11)  any other day designated by the Government.

Decision 2024-10-23, s. 6.

7. Unless it is submitted by technological means, a document filed with the Commission outside of regular business hours or on a statutory holiday is considered to have been filed at the start of business on the next business day.

Decision 2024-10-23, s. 7.

8. When the date set for performing an act turns out to be a statutory holiday, the act can be validly executed on the following business day.

Decision 2024-10-23, s. 8.

9. In the computation of a time period, the starting day is not counted but the expiry day is.

Decision 2024-10-23, s. 9.

10. On request, a member can extend any timeframe or deadline that is not strict, as well as waive the consequences generally imposed on a person who fails to comply with such a timeframe or deadline.

In all cases, such a request is only entertained if it is based on reasonable grounds and to the extent that no party suffers serious prejudice.

Decision 2024-10-23, s. 10.

DIVISION III TRANSMISSION OF APPLICATIONS, DOCUMENTS AND OTHER INFORMATION

Decision 2024-10-23, Div. III.

11. An application is deemed to have been validly submitted to the Commission when it is:

(1)  presented in writing;

(2)  duly signed;

(3)  properly filled out by using the prescribed form, if applicable, and accompanied by the necessary documents and other information;

(4)  accompanied by the payment of the applicable fees and duties.

Decision 2024-10-23, s. 11.

12. Applications submitted to the Commission must include the following information:

(1)  the applicant’s name, address, telephone number and if applicable, e-mail address;

(2)  when the applicant is being represented by someone else, the representative’s name, address, telephone number and if applicable, e-mail address;

(3)  all additional details required by virtue of the legal provision on which the application is based or this Regulation, or as asked for by the Commission.

Decision 2024-10-23, s. 12.

13. The Commission can accept a submitted application even though it includes a clerical irregularity.

Decision 2024-10-23, s. 13.

14. All other parties and when relevant, their respective representatives, must immediately provide the Commission with their address, telephone number and e-mail address if applicable.

Decision 2024-10-23, s. 14.

15. An attorney representing a party must submit to the Commission and to the other parties, as the case may be, the following information, dated and in writing: his name, the name of his law firm, his address, telephone number and e-mail address, and the name of the party he represents.

Decision 2024-10-23, s. 15.

16. All of the Commission’s communications regarding an application pertaining to a party represented by an attorney are sent solely to the latter, with the exception of the notice of intention and the decision.

Decision 2024-10-23, s. 16.

17. An attorney who ceases to represent a party must immediately provide the Commission and all other parties with a written notification in this regard, and also indicate the date of termination of his mandate.

Decision 2024-10-23, s. 17.

18. The Commission must be immediately notified in writing of any changes regarding the information provided by virtue of sections 11, 12, 14 and 15.

Any changes to the contact details of a party, its representative or its attorney must also be communicated in writing to all other parties, as the case may be.

Decision 2024-10-23, s. 18.

19. A document may be submitted to the Commission by any means supported by the latter’s technological environment.

Decision 2024-10-23, s. 19.

20. Unless a specific provision in this Regulation stipulates otherwise, a party concerned by an application or a related application may not reach out to the president concerning these until such time as a member has rendered an enforceable decision in this regard. The same applies to this party’s representative or witness.

Decision 2024-10-23, s. 20.

DIVISION IV FILES OF THE COMMISSION

Decision 2024-10-23, Div. IV.

21. The Commission assigns a number to an application once it is received.

Decision 2024-10-23, s. 21.

22. All subsequent written communications regarding an application must mention the number assigned to the application by the Commission.

Decision 2024-10-23, s. 22.

23. Except for permit certificates, any document or copy of a document issued by the Commission or included in its archives is deemed authentic once it has been certified and signed by the president, secretary or a management employee.

Decision 2024-10-23, s. 23.

DIVISION V PUBLICATION OF APPLICATIONS

Decision 2024-10-23, Div. V.

24. A notice must be published for all applications:

(1)  for a bus transport permit, the modification, maintenance or transfer of such a permit, or the modification of the route concerned by said permit, unless the permit in question is for a duration of less than 90 days or if the application involves a modification to a territory subsequent to a decision by another administrative authority;

(2)  for the reinstatement of a bus transport permit made under section 15.2 of the Bus Transport Regulation (chapter T-12, r. 16);

(3)  requesting the partial or total suppression of urban or interurban bus transport services;

(4)  resulting from a refusal to file a modification to the schedule or frequency of services authorized by virtue of an urban, interurban or airport bus transport permit, as provided for in the second paragraph of section 28;

(5)  resulting from a refusal to file the rates and tariffs governed by section 4.3 of the Regulation respecting tariffs, rates and costs (chapter T-12, r. 14);

(6)  regarding the particular fixing of tariffs which is not governed by the filing procedure provided for in Division II of this Regulation, as well as requests for their modification or revocation;

(7)  for an application for a bulk trucking services brokerage permit or the modification or renewal of such a permit;

(8)  for recognition of a regional association of truckers;

(9)  for a certificate of aptitude relating to rail transportation;

(10)  provided for under the law.

Decision 2024-10-23, s. 24.

25. When provided for by this Regulation, the Commission publishes, at the applicant’s expense and on its Web site, a notice indicating the purpose of the application and the supporting public information.

Decision 2024-10-23, s. 25.

26. When applicable, the following information regarding an application is included in the public notice posted on the Commission’s Web site with regard to:

(1)  bus transport:

(a)  the date the application was submitted;

(b)  the permit category concerned;

(c)  the duration of the permit and if applicable, the duration of the requested modification;

(d)  the description of the vehicle categories used;

(e)  the territories and locations involved;

(f)  the route identified;

(g)  the targeted clientele;

(h)  the planned schedule and frequency;

(i)  the proposed rates;

(j)  the operating conditions and noted limitations;

(k)  the name and contact information of the applicant’s representative;

(2)  brokerage services:

(a)  the date the application was submitted;

(b)  the brokerage region and zone under consideration;

(c)  the name and contact information of the applicant’s representative;

(3)  recognition of a regional association of truckers:

(a)  the date the application was submitted;

(b)  the brokerage region and zone under consideration;

(c)  the name and contact information of the applicant’s representative;

(4)  rail transportation:

(a)  the date the application was submitted;

(b)  the description of the planned services;

(c)  the planned corridor and schedule;

(d)  the start date and if applicable, end date of the certificate of competence;

(e)  the name and contact information of the applicant’s representative.

Decision 2024-10-23, s. 26.

27. An application for the partial or total suppression of urban or interurban bus transport services must, prior to its being received by the Commission, be posted in the applicant’s buses and on the home page of its Web site, if applicable, for a period of 10 consecutive days or more.

However, when the applicant’s buses are not in service due to exceptional circumstances, it is only required to post a notice on the home page of the applicant’s Web site or failing that, on the Commission’s Web site.

The application must also be accompanied by a proof of the posting and publication, as well as a copy of the notice, unless an explanation justifying the exceptional circumstances is provided.

Decision 2024-10-23, s. 27.

28. A change in the schedule or frequency of an urban, interurban or airport bus transport permit which has been posted, published and submitted to the Commission according to section 27 comes into force on the 15th day following the date of its filing or at a later date as indicated by the permit holder.

A member can refuse any filing regarding a change in schedule or frequency, in which case the permit holder may submit, no later than 30 days following this refusal, an application for this same purpose.

Decision 2024-10-23, s. 28.

29. The notice prescribed by sections 27 and 28 must state that all interested persons may submit their written observations to the Commission within 10 days of the last day of the posting, in which case this person does not, subject to sections 30 and 31, have the status of an intervenor.

Decision 2024-10-23, s. 29.

DIVISION VI INTERVENTION

Decision 2024-10-23, Div. VI.

30. Any person able to justify a sufficient interest may, contingent on a member’s authorization and according to any conditions the latter establishes, intervene in support of an application or oppose the same.

A member who grants an interested person the status of intervenor can also decide, if he deems it necessary, the extent of this person’s participation and more specifically, his interest, the type and significance of the issues raised by the primary application, and the proportionality rules provided for in section 2.

The provisions of this Regulation apply to a person whose intervention was authorized according to this section and with due consideration given to any necessary modifications.

Decision 2024-10-23, s. 30.

31. An application for an intervention is deemed to have been validly submitted if it:

(1)  was duly submitted in writing and included the information noted in section 12 of this Regulation;

(2)  was substantiated;

(3)  was notified to the Commission and the parties involved within 20 days of the first day of publication of the notice referred to in section 24, in the timeframe indicated in section 29 or otherwise, in due time prior to a decision being rendered with regard to the application leading up to the application for an intervention;

(4)  included payment of the applicable fees and duties;

(5)  was performed as per applicable legislative or regulatory provisions.

Decision 2024-10-23, s. 31.

32. An application for the dismissal or rejection of an intervention is deemed to have been validly submitted if it:

(1)  was duly submitted in writing, and signed;

(2)  was substantiated;

(3)  was notified to the Commission and the parties involved within 10 days of the submission of the application for intervention;

(4)  included payment of the applicable fees and duties, as the case may be;

(5)  was performed as per applicable legislative or regulatory provisions.

Decision 2024-10-23, s. 32.

33. Despite sections 30 to 32, the attorney of the Commission, the Attorney General and the Minister of Transport may, at any time and without authorization or fees, intervene in any application or procedure submitted to the Commission.

Likewise, a person whose interest is acknowledged by sections 42.2 and 48.33 of the Transport Act (chapter T-12) or by section 80 of the Act respecting public transit authorities (chapter S-30.01) can also intervene, without authorization or fees and this according to the prescribed stipulations.

Decision 2024-10-23, s. 33.

DIVISION VII NOTIFICATION

Decision 2024-10-23, Div. VII.

34. The notification can be performed in any appropriate manner that constitutes evidence of the handing over, sending, transmission or publication of the document in question. Means of delivery include a bailiff, the postal service, in person, or through technological means or a public notice.

Regardless of the notification method adopted, the person who acknowledges receipt of the document or avows to having received it is considered to have been legally notified.

Decision 2024-10-23, s. 34.

35. Notification through technological means consists of transmitting a document to the address identified by the receiver as being the place where he agrees to receive documents destined to him, or to the address provided to the Commission for this purpose, to the extent that the address in question is valid at the time of transmission.

A party not represented by an attorney cannot, in the absence of reasonable grounds, refuse to receive a document by such means.

Decision 2024-10-23, s. 35.

36. A notification by the Commission to a person concerned by a decision, a procedure, a prior notice or any other document, to the valid postal or e-mail address provided to the Commission or to the Société de l’assurance automobile du Québec, is presumed to have been validly executed.

Decision 2024-10-23, s. 36.

DIVISION VIII SUMMONS

Decision 2024-10-23, Div. VIII.

37. The Commission cannot issue a ruling on an application until such time as the parties have been convened and heard.

It is, however, exempted from the obligation of holding a hearing in conjunction with an application that is not being contested.

It is also exempted in this regard when all of the parties agree that it may proceed on the basis of the case alone.

Decision 2024-10-23, s. 37.

38. A party or its representative who is aware of the fact that a member considering an application concerning it is proceeding based on the case, cannot speak to the party or representative with regard to this application or any related application unless the other party, if applicable, is so advised.

Decision 2024-10-23, s. 38.

39. If a convened party is not present at the date and time set for the hearing, and this with no valid reason for its absence, or, if once present, refuses to be heard or renounces to this right, the assigned member can proceed to render a decision.

Decision 2024-10-23, s. 39.

40. On his own initiative or upon request, a member may, at any time after having allowed the parties to be heard, reject an application he deems abusive, notably due to its being groundless, frivolous or dilatory; he may also subject it to various conditions.

Decision 2024-10-23, s. 40.

41. Subject to other delays provided for by law, the Commission notifies the parties of the date, time and location of the hearing at least 10 days ahead of time. When a hearing is held remotely, the Commission advises the parties, within the same timeframe, that the communication means provided for in section 82 will be used.

To the extent that is permitted by law, the Commission is exempted from these obligations in emergency situations, to prevent irreparable harm or if the parties agree.

Decision 2024-10-23, s. 41.

42. A party who believes that the Commission should set aside more than one day for a hearing shall advise it, as soon as possible prior to the hearing, of the desired duration and the grounds justifying this belief.

Decision 2024-10-23, s. 42.

43. The president or the member he designates may order that an application or a procedure be heard on an emergency or priority basis, according to the terms he determines.

Decision 2024-10-23, s. 43.

DIVISION IX RELATED APPLICATION AND MODIFICATION

Decision 2024-10-23, Div. IX.

44. Any related application accessory to a primary application must be prepared in writing and be notified to all other parties, if applicable, at least 5 days before the hearing, failing which it shall be processed on the date and in the manner determined by the member responsible for the hearing.

Decision 2024-10-23, s. 44.

45. When an application is processed based on the case, any related application must be notified to the other parties, as the case may be, and submitted to the Commission as quickly as possible, that is, before a decision on the primary application is rendered.

Decision 2024-10-23, s. 45.

46. The president can designate any member to deal with a related application, or choose to hand it over to the member responsible for the primary application.

Decision 2024-10-23, s. 46.

47. Before the hearing on a primary or related application, a party may bring modifications with the aim of replacing, rectifying or finalizing statements or conclusions, to put forth new facts or to present a right that has elapsed since the filing of the initial application or the intervention.

The party that modifies an application must provide a copy of such to the Commission and all of the other parties.

Decision 2024-10-23, s. 47.

48. When a primary or related application is processed based on the case, any modification made must be notified to the other parties, as the case may be, and submitted to the Commission as quickly as possible, that is, before a decision on the primary application is rendered.

Decision 2024-10-23, s. 48.

49. A copy of the initial application must be notified to any party added following a modification. In the latter’s regard, the application is deemed to have been prepared at the date of this notification.

Decision 2024-10-23, s. 49.

50. A member may, during the hearing and in the presence of the parties, authorize a modification on the basis of a verbal request noted in the minutes.

Decision 2024-10-23, s. 50.

51. A member must refuse a modification if it is useless or contrary to the interests of justice, or if it leads to an entirely new application unrelated to the initial application.

Decision 2024-10-23, s. 51.

DIVISION X POSTPONEMENT AND ADJOURNMENT

Decision 2024-10-23, Div. X.

52. All requests for the postponement of a hearing must be submitted to the president in writing, as soon as possible prior to the hearing.

Such a request, which is accompanied by supporting documents and is notified to the other parties, as the case may be, includes the following information:

(1)  the grounds invoked in support of the request;

(2)  the earliest dates at which each of the parties, their representatives and their witnesses, including any experts, are available;

(3)  any other information considered relevant given the matter at hand.

Decision 2024-10-23, s. 52.

53. No postponement request may be granted solely based on the consent of the parties.

Decision 2024-10-23, s. 53.

54. The president, or the member he designates to handle a postponement request, shall render a decision by giving due consideration, as applicable, to the nature of the matter, the grounds invoked in support of the request, the impossibility of rescheduling the hearing at a reasonably nearby date, the need to respect a timeframe provided for by law, the behaviour of the party having submitted the request and the opportunity presented to the latter for the purposes of justice.

Section 37 notwithstanding, a decision can be rendered by the president or the member designated to do so, taking only the case into account, i.e., without holding a hearing, after having given all of the parties an opportunity to present their observations regarding the request for a postponement.

Decision 2024-10-23, s. 54.

55. A member may, if required by the circumstances and according to the conditions he determines, adjourn a hearing that is underway.

In such a case, he will immediately set another date for the hearing to be continued or ask that it be rescheduled on the roster.

Decision 2024-10-23, s. 55.

DIVISION XI PRESENCE OF A WITNESS AT THE HEARING

Decision 2024-10-23, Div. XI.

56. A party that wishes to have a witness appear at a hearing, either to testify or to present a document, must fill in the form created for this purpose by the Commission.

Decision 2024-10-23, s. 56.

57. The subpoena or notice to appear is delivered by the Commission or one of its members or, if a party is represented by an attorney, by the latter.

The notification is sent at least 5 days prior to the appearance of the witness. In the interest of justice, a member may benefit from a shorter timeframe, as long as it is not under 24 hours. The appearance notice must include the details of this authorization.

Decision 2024-10-23, s. 57.

58. A member can also require that a party provide a list of the witnesses it plans to have heard, as well as a brief summary of their testimony.

Decision 2024-10-23, s. 58.

59. A member can also, at his own initiative or upon request, convene any given person to appear in front of him.

Any person present at the hearing may be asked to testify. Such a person will then be required to answer as if he had received an official appearance notice.

Decision 2024-10-23, s. 59.

60. A member can also order that a witness be excluded.

Decision 2024-10-23, s. 60.

61. Evidence submitted by witness is only admitted if the testimony is provided after a witness has sworn to tell the truth.

Decision 2024-10-23, s. 61.

62. A person called upon to testify must state his name, address and profession, unless the member determines otherwise.

Decision 2024-10-23, s. 62.

63. A report from an expert and the latter’s curriculum vitae are submitted to the Commission at least 5 days prior to the scheduled date of the hearing.

A member has the power, however, to authorize its filing within any other timeframe and according to the conditions he determines.

Decision 2024-10-23, s. 63.

64. The expert witness gives an opinion on a question within the scope of his professional qualifications. He may be declared an expert when his qualifications or experience in the area in question have been established or recognized by all of the parties.

Decision 2024-10-23, s. 64.

65. The expert witness must swear that his testimony will be guided by his primary duty, namely to enlighten the member, and that the opinion he will provide will be objective, impartial, rigorous and based on the most recent information and knowledge in the area in question.

Decision 2024-10-23, s. 65.

DIVISION XII PRODUCTION OF EVIDENCE AT THE HEARING

Decision 2024-10-23, Div. XII.

66. A party that plans to produce a material element or document as evidence during a hearing must, no later than 5 days before the latter, transmit a copy of it, at its own expense, to the other parties and to the court office of the Commission.

A member has the power, however, to authorize its filing within any other timeframe and according to the conditions he determines.

Decision 2024-10-23, s. 66.

67. Section 66 notwithstanding, an update of the file prepared by the Société de l’assurance automobile du Québec pursuant to section 22 of the Act respecting owners, operators and drivers of heavy vehicles (chapter P-30.3) and other related documents can be produced as evidence during the hearing.

Decision 2024-10-23, s. 67.

68. A party that wants to present a technological document (rather than material) must ensure, prior to filing it with the court office, that the Commission will be able to share its contents during the hearing.

If the Commission is not equipped to share the content, the party in question must proceed, at its own expense, to transfer the document onto an adapted medium or provide the equipment needed for it be shared during the hearing.

Decision 2024-10-23, s. 68.

69. A member can require a party to reveal or specify its intentions in writing, or ask that it file any document or evidence within a deadline it establishes.

Decision 2024-10-23, s. 69.

70. Should a party fail to comply with one of the requirements noted in sections 58, 63, 66, 68 or 69 within the set timeframe, the member can, depending on the circumstances:

(1)  refuse the filing of a document or item of evidence;

(2)  refuse to allow any evidence related to an information, document or item of evidence;

(3)  impose, if applicable, various conditions on the filing or presentation of a document or item of evidence;

(4)  render any resulting decisions with no further notice or delay.

Decision 2024-10-23, s. 70.

71. A document or material item presented as evidence cannot be withdrawn from the case prior to its being closed, except if a member so allows it and contingent on the conditions this member determines.

Decision 2024-10-23, s. 71.

72. Only the party that has produced a document or material item as evidence can withdraw it from the case, and this by signing the related receipt.

Decision 2024-10-23, s. 72.

DIVISION XIII PRE-HEARING CONFERENCE AND PROCEDURAL MEASURES

Decision 2024-10-23, Div. XIII.

73. A member can, at his own initiative or upon request from a party, hold a pre-hearing conference in order to identify ways of simplifying, curtailing or facilitating a hearing or of producing certain items of evidence.

Decision 2024-10-23, s. 73.

74. The pre-hearing conference seeks to:

(1)  examine the possibility of clarifying and specifying the intentions of the parties and the desired outcomes;

(2)  define the questions to be addressed during the hearing;

(3)  ensure that the parties share all items of evidence among themselves;

(4)  plan the steps and presentation of the evidence during the hearing, and discuss the possibility of having the parties admit to certain facts and enter them as evidence under oath;

(5)  consider any other means of simplifying, curtailing or facilitating the hearing.

Decision 2024-10-23, s. 74.

75. As a procedural measure, the member can also, at any time and at his own initiative or upon request, decide to:

(1)  implement one of the measures referred to in section 74;

(2)  prepare a calendar of the deadlines to be complied with;

(3)  rule on special requests submitted by the parties.

Decision 2024-10-23, s. 75.

76. Any procedural decisions taken by a member are noted in the minutes. These decisions will guide the holding of the hearing, unless the member responsible for considering the case determines otherwise.

Decision 2024-10-23, s. 76.

77. A member can, at all times, ratify a written agreement as long as it complies with the law.

The decision that enables this ratification also results in the application being closed. Should this not be the case, a hearing will be held as quickly as possible.

Decision 2024-10-23, s. 77.

DIVISION XIV HEARING

Decision 2024-10-23, Div. XIV.

78. Several applications that raise similar questions or touch on related issues, whether or not they are brought forth by the same parties, may be combined through an order from the Commission’s president or a member he designates, and this contingent on the conditions he sets.

During the hearing, a member can, on his own initiative or at a party’s request, revoke an order if he considers that this would allow for ensuring that justice is best served.

Decision 2024-10-23, s. 78.

79. The president can also order that a given application be heard and a decision rendered on a priority basis. In such a case, pending applications are temporarily suspended until the decision on the priority matter is rendered.

Decision 2024-10-23, s. 79.

80. Commission hearings are public.

However, a member can prohibit or restrict the dissemination, publication or disclosure of specific information or documents when he is of the opinion that such a measure is necessary to preserve public order, and more specifically, to favour the dignity of those persons touched by an application or procedure, and to protect significant legitimate interests.

Such a member can also, at his own initiative or at a party’s request, order that the hearing be closed (in camera).

Decision 2024-10-23, s. 80.

81. The member oversees the debates and sees to the hearing’s smooth operation.

Decision 2024-10-23, s. 81.

82. When required or permitted by circumstances, a member can hold a hearing by any appropriate means of communication. The hearing is then deemed to have been held at the Commission’s offices in Québec or Montréal.

A means of communication is considered appropriate when it allows the member responsible for the case and the various participants to communicate directly during the hearing.

Decision 2024-10-23, s. 82.

83. The Commission selects the means by which exchanges during the hearing will be recorded. The recording shall be part of the file.

Decision 2024-10-23, s. 83.

84. Any other type of audio or visual recording is prohibited, unless it is authorized by the member presiding over the hearing, and this at the conditions he determines.

The dissemination of any recordings of hearings in a public manner or for public viewing is prohibited.

Decision 2024-10-23, s. 84.

85. All persons who are convened to and attend a hearing, as well as their representatives, must be suitably dressed and conduct themselves in a dignified and respectful manner. They must also refrain from hindering the hearing’s smooth operation.

Any member of the public who attends a hearing must be dressed appropriately and adopt a respectful behaviour, remain silent and refrain from manifesting his agreement or disagreement; failure to act as requested could result in a person’s expulsion.

Decision 2024-10-23, s. 85.

86. A certified interpreter may assist any person, at the latter’s own expense. The person can also be assisted by someone else for this same purpose if the member presiding the hearing so agrees.

The interpreter must swear that he will faithfully interpret what is being said.

Decision 2024-10-23, s. 86.

87. The evidence associated with a specific application can also be transferred to another one, contingent on the member authorizing this measure, at the conditions he determines.

Decision 2024-10-23, s. 87.

88. A member can also order a visit of the premises, in which case he will determine the associated conditions.

Decision 2024-10-23, s. 88.

89. A member, by virtue of his office, can be apprised of the facts, the information and the notices generally acknowledged and associated with the Commission’s area of expertise.

Decision 2024-10-23, s. 89.

90. The minutes of the hearing are drafted based on the model created by the Commission. This model includes the following elements:

(1)  the location, date and start and end times of the hearing;

(2)  the application number and type;

(3)  the name of the member overseeing the hearing;

(4)  the use, if applicable, of the most appropriate means of communication;

(5)  the name of each party and if applicable, the respective names of their representatives and witnesses;

(6)  the presence or absence of a party and its representative;

(7)  the name of the certified interpreter or, as the case may be, that of the person authorized by virtue of section 86;

(8)  the various phases of the hearing, along with the recording stamps;

(9)  the items of evidence produced and the numbers assigned to them;

(10)  the start date of the deliberations.

The minutes, moreover and as applicable, also include the following elements:

(1)  related applications and objections;

(2)  formal admissions with a determining influence on the hearing or the decision to be rendered;

(3)  decisions rendered during the course of the hearing;

(4)  commitments agreed to by a party along with their end dates;

(5)  all other useful information.

Minutes that include one or more of the elements mentioned in the second paragraph must be signed by the member.

Decision 2024-10-23, s. 90.

91. Once a member learns the specifics of an application during the course of a hearing, neither a party nor its representative or a witness may speak to him when the other party is not present, with regard to the application in question or a related application.

Decision 2024-10-23, s. 91.

92. Representations are held once the evidence of all parties has been produced.

Decision 2024-10-23, s. 92.

93. No item of evidence may be filed once the application deliberation process is underway unless the hearing is reopened.

Decision 2024-10-23, s. 93.

94. A member who deliberates a case may, at his own initiative or at the request of a party, allow further debates for the purposes and subject to the conditions he determines.

Decision 2024-10-23, s. 94.

DIVISION XV ABANDONMENT

Decision 2024-10-23, Div. XV.

95. The abandonment of an application or of any other legal process consists of submitting to the Commission a written notice signed by the party who is abandoning the procedure or his duly authorized representative. A copy must be notified to the other party forthwith, as the case may be.

An abandonment can also be expressed verbally during the hearing.

Decision 2024-10-23, s. 95.

DIVISION XVI DISQUALIFICATION

Decision 2024-10-23, Div. XVI.

96. When a member to whom an application was referred to has a valid reason for believing he should be disqualified, he is required to immediately declare it to the president. The president will then designate another member to review the application or continue with its processing.

Decision 2024-10-23, s. 96.

97. As long as it acts diligently, a party may, until such time as a decision is rendered with regard to an application, request the disqualification of the member responsible if it has valid grounds for doing so.

The member thus targeted entertains, at conditions he determines, the parties in question with regard to this request and seeks to render a decision in the timeliest possible fashion.

A request for disqualification does not automatically suspend the processing of the application per se.

Decision 2024-10-23, s. 97.

98. Should a member be disqualified, the hearing is suspended until such time as the president designates another member as a replacement.

However, once an application has been heard by several members and one of them recuses himself, the other members will continue with the hearing.

Decision 2024-10-23, s. 98.

DIVISION XVII ABANDONED APPLICATION

Decision 2024-10-23, Div. XVII.

99. The Commission can declare an application as having been abandoned if more than one year has elapsed since the applicant last transmitted a document in this regard.

The Commission must first send a notice to the applicant and to any other party when relevant.

Decision 2024-10-23, s. 99.

DIVISION XVIII DECISION

Decision 2024-10-23, Div. XVIII.

100. Commission decisions are transmitted to all of the parties involved as well as their respective attorneys, as the case may be.

Decision 2024-10-23, s. 100.

101. A decision must be rendered within 3 months of being taken under advisement. However, the president or his designated vice-president can extend this timeframe in the presence of significant grounds.

When a member responsible for an application fails to render his decision in the timeframe indicated above, the president may, by virtue of his office or when asked to do so by a party, have the member in question step down and ask that the task be entrusted to another member.

Decision 2024-10-23, s. 101.

102. The president can replace a member entrusted with or having already heard an application should said member be ill, unable to act, leave his position, retire or pass away before a decision is rendered.

Decision 2024-10-23, s. 102.

103. Any application heard by a group where one of its members has stepped down or been replaced by virtue of section 101 or 102 will either be put to a decision by the other members, if they are sufficient in number to constitute a quorum, or be heard anew.

Decision 2024-10-23, s. 103.

104. A member responsible for an application under section 101 or 102 can, if the parties so agree, limit his examination to the items of evidence produced along with the recording and minutes of the hearing. He can also, should the previously mentioned elements be inadequate, ask to hear a witness anew or request additional evidence from the parties.

When this member is part of a group, he must ensure that the other members will be able to obtain the details, at the same time as he does, of all new testimony or new items of evidence required under the first paragraph.

Decision 2024-10-23, s. 104.

DIVISION XIX REVIEW AND CORRECTION OF A DECISION

Decision 2024-10-23, Div. XIX.

105. An application for review must comprise the name and address of the applicant, specific details of the decision in question, and the grounds being invoked in support of the application.

Decision 2024-10-23, s. 105.

106. A decision containing an error in writing or in calculation or any other clerical error may be corrected by the Commission.

Decision 2024-10-23, s. 106.

DIVISION XX MISCELLANEOUS PROVISIONS

Decision 2024-10-23, Div. XX.

107. When the Commission notes that a permit or any other similar authorization has become obsolete, it may cancel it without any other formality, and this after having ensured that no right is affected and that no one suffers any prejudice.

Decision 2024-10-23, s. 107.

108. Unless the Commission decides otherwise, the recognition granted a regional association of truckers is automatically renewed each year.

Decision 2024-10-23, s. 108.

109. A person may not, prior to the expiry of the 6-month period following the date of a decision concerning it rendered by the Commission, submit a request:

(1)  regarding the same matter as the one that was denied;

(2)  asking for a modification of the safety rating assigned to them;

(3)  seeking that a prohibition order with regard to the driving of a heavy vehicle be lifted;

(4)  asking for the registration of a dispatcher who was removed for cause by virtue of the Act respecting remunerated passenger transportation by automobile (chapter T-11.2).

A member may, however, benefit from a shorter time period in the case of serious grounds and to the extent that no other party suffers serious prejudice.

Decision 2024-10-23, s. 109.

DIVISION XXI TRANSITIONAL AND FINAL PROVISIONS

Decision 2024-10-23, Div. XXI.

110. This Regulation replaces the Regulation respecting the procedure of the Commission des transports du Québec (chapter T-12, r. 11).

Decision 2024-10-23, s. 110.

111. (Omitted).

Decision 2024-10-23, s. 111.

REFERENCES

Decision 2024-10-23, 2024 G.O. 2, 4069