Updating Procedural Rules: User-Friendly Processes Related to Transport Services
The draft regulation under the Transport Act (chapter T-12) for the Commission des transports du Québec proposes a framework for procedural updates aimed at improving the efficiency and effectiveness of the Commission’s operations. This new regulation replaces the existing procedural rules established in 2006, addressing recent legislative amendments and the need for modernization in handling transport-related applications.
The primary objective of the draft regulation is to modernize operating rules and introduce proportionality in application processing. It seeks to streamline procedural elements by providing clear guidelines for hearings, document submissions, and the use of technology. The regulation is applicable to all applications submitted to the Commission, as well as interventions and related procedures, with an emphasis on collaborative processing among stakeholders and the integration of technological solutions.
Key provisions of the regulation include establishing that all documents and evidence must be proportional to the complexity of the case, allowing the Commission to adopt compatible procedures when specific provisions do not apply. It also specifies the Commission’s operational hours and statutory holidays, detailing document submission timelines and permitting extensions on non-strict deadlines when justified. An application is considered valid if it is in writing, signed, complete, and includes payment of applicable fees, with minor clerical errors not invalidating submissions.
The regulation mandates public notification for certain applications, outlining the required information based on the type of transport service involved and ensuring public comment opportunities prior to submission. It also grants individuals with sufficient interest the right to intervene in applications with the Commission’s authorization, specifying necessary information for intervention applications. Notifications can be delivered through various methods, including electronic means, with the recipient’s consent.
For contested applications, hearings are mandatory, although exemptions may be made for uncontested matters. The regulation ensures that parties receive adequate notice of hearing schedules and provides for the rejection of frivolous or abusive applications. It allows for modifications to primary or related applications, ensuring all parties are notified and any new issues addressed promptly. Requests to postpone hearings must be made in writing and justified, with the president or designated member determining the outcome based on various factors.
Overall, the proposed draft regulation aims to create a more transparent, efficient, and user-friendly process for managing applications related to transport services in Québec. By updating procedural rules, enforcing proportionality, and incorporating technology, the Commission des transports du Québec seeks to improve its responsiveness to the needs of applicants and stakeholders.
Quebec (Draft) August 14, 2024