Dispute Resolution
- How are disputes resolved under the NWPTA?
- Can penalties be imposed through the dispute resolution mechanism?
- How do I launch a dispute?
How are disputes resolved under this agreement?
The dispute resolution mechanism has three stages: dispute avoidance, consultation and finally, only as a last resort, resolution through an impartial panel.
Can penalties be imposed through the dispute resolution mechanism?
Yes. However, these penalties can only be imposed by a panel against a Party after the occurrence of the following events:
- the disputants have exhausted all reasonable means to avoid the dispute;
- consultations have been unsuccessful;
- a panel finds that a party is non-compliant with its the NWPTA obligations and that party has not brought itself into compliance within the amount of time given it to do so by the panel; and
- a subsequent compliance panel finds that the party has not brought itself into compliance within the amount of time given it to do so by the original panel.
The maximum penalty is $5 million and would only be levied against the provincial governments of British Columbia, Alberta and Saskatchewan as Parties to the NWPTA.
Under the dispute resolution process, only one dispute can be launched on what is essentially the same complaint at any time, allowing a situation to be supported or corrected and eliminating grounds for further complaints.
How do I launch a dispute?
If you think you may have a potential dispute under the NWPTA, you must exhaust all reasonable means to resolve the dispute. If resolution has not been possible, then get in touch with the contact person for your jurisdiction listed on this website.
