Arbitration is conducted by a committee of at least three members appointed by the Minister of Natural Resources Canada. Once appointed, the committee is independent of the Minister and has its own powers.
- Unlike negotiation sessions, arbitration hearings are relatively formal. A transcript is kept.
- The committee may review evidence and hear from witnesses who can be cross-examined during hearings.
- The decision of the arbitration committee is binding and is enforceable in a court of law.
- Parties may ask the committee to review a decision. The Federal Court handles appeals on questions of law or jurisdiction.
- Personal information contained in arbitration committee decisions is protected under the Privacy Act. Natural Resources Canada will not release decisions without the written permission of both parties.
- The NEB Act makes provision for landowners to recover the costs they have incurred as a result of the arbitration. Refer to Subsections 99 (1) and (2) of the NEB Act.
Sections 90-103 of the NEB Act deal with arbitration.