When can Final Offer Arbitration (FOA) be used?
FOA can be used to settle rate and service disputes relating to: • movements of goods by railway (movements of containers and trailers on flat cars are not eligible for FOA unless the containers arrive by water at a port in Canada served by only one railway company to move on by rail, or arrive by rail at such a port in Canada for further movement by water). • rates for a railway company’s services to a designated commuter rail authority or a passenger railway; • movements of goods by water needed to maintain or develop permanent settlements for northern marine resupply purposes; or • domestic movements of goods by air to which Part II of the Act applies. No party to a confidential contract is entitled to submit a matter governed by the contract to the Agency for FOA without the consent of all parties to the contract.
