Undisputed Facts. 152. The Parties agree that, under s. 5 of the CEAA, industrial activity that affects rivers and oceans which are habitat for fish and marine life generally comes under federal legislative authority; put differently, and more specifically, the federal legislation sets out that a EA is required where the responsible federal authority concludes that a project poses a risk of destruction of fish, disruption of fish habitat, or a danger to marine life owing to work in navigable waters.94 These three potentialities are referred to as “triggers” for a federal EA. Industrial activity on land generally comes under provincial authority; there, a provincial authority may also conclude there is a need for an EA.95 153. Between August 2002 and March 2003, GQP went through three rounds of filing project descriptions with NSDEL that would be used for an EA of the intended project.96 The final, accepted description included project infrastructure that consisted of a 152 ha quarry and a 170 m long marine terminal.97
Undisputed Facts. 220. On 22 October 2007, the JRP submitted its report to the federal Minister of the Environment and the Nova Scotia Minister of Environment and Labour, recommending rejection of the proposal.236 Between 29 October and 16 November 2007, Bilcon requested in writing that the government of Nova Scotia dismiss the JRP’s recommendations. 237 Nevertheless, on 20 November 2007, Nova Scotia adopted the JRP’s recommendations to reject the Whites Point project.238 The next month, the Canadian Government also accepted the JRP’s recommendation and announced its decision not to issue the permits and authorizations that Bilcon had requested in connection with the Whites Point project.239
Undisputed Facts. 120. On 6 February 2002, Xxxx Xxxxx applied to the Canadian Coast Guard under s. 5 of the Navigable Waters Protection Act (“NWPA”) for a permit to build a “floating loading dock” in Nova Scotia at Whites Point in Digby Neck.35 121. On 18 February 2002, Nova Stone applied to the NSDEL for a permit to construct and operate a quarry on the Whites Point project site. The NSDEL rejected this application on 15 April 2002 as it concluded that the proposed quarry exceeded 4 ha, the maximum size permitted through the 35 Memorial, para. 103; Application Form by Nova Stone Exporters Inc., 6 February 2002, Exhibit C-35. basic NSDEL approval process.36 Any quarry greater than 4 ha requires an EA before it can proceed in Nova Scotia.37 122. On 23 April 2002, Nova Stone submitted a new application for a permit to build a quarry at the Whites Point project site that was limited to 3.9 ha.38 The NSDEL issued this permit on 30 April 2002. The approval was made subject to certain blasting conditions added at the DFO’s request (the “Blasting Conditions”).
Undisputed Facts. The Equipment Provider (EP) sent the Motor Carrier (MC) the following two per diem invoices: Invoice NYC9080565250X – Invoice Date: 6/2/2008 – amount $00.00 (Moving Party disputing $00.00 of invoice) Invoice NYC9080775624X – Invoice Date: 8/1/2008 – amount $00.00 (Moving Party disputing $00.00 of invoice) (Note: Only Invoice NYC9080775624X is applicable to this arbitration claim. Invoice NYC908056250X is dated prior to August 1, 2008 so is not acceptable for submission under the binding arbitration process.)
Undisputed Facts. The following facts are undisputed.4
Undisputed Facts. The Motor Carrier (MC) invoiced the Equipment Provider (EP) for reimbursement of a floor repair that was made to container MCSU719320-6 while the unit was in the MC’s possession. Invoice number 10814807, dated 02/25/2014, in the amount of $00.00 shows the following charges: “Detention-Consignee/or driver detention and overnight incurred because of floor failure: $00.00, Floor repaired floor OTR out of route: $00.00, Out of route drayage to repair shop to get floor repaired stop off: $00.00, Stop off to repair shop to get floor repaired: 00.00. Total of invoice: $00.00.” Please note, the repair charges are the only charges acceptable under the arbitration process. The out-gate EIR, dated 01/24/2014 from PNCT shows that the unit was picked up empty with no damage noted. The in-gate EIR shows that the loaded sealed container was in-gated at PNCT on 01/29/2014. Additional documents that were provide by the MC: Dock receipt was provided showing that the unit was taken to Port Forwarding, Inc. to be loaded. Invoice from Xxxx Truck & Trailer Repair LLC, dated 01/28/2014 indicated the following floor repair: Replaced 3 sections of flooring, deck screws, trailer flooring, and labor with a total of $00.00. 2nd Dock Receipt showing that the unit was returned to Port Forwarding, Inc. to be loaded. Pictures were provided by the MC, but PNCT is not an AGS gate facility.
Undisputed Facts. 183. The federal Minister of the Environment and the provincial Minister of the NSDEL released a draft JRP Agreement and the JRP’s Terms of Reference (“TOR”) for public comment on 11 August 2003. The final JRP Agreement and associated TOR were signed on 29 October and 3 November 2004 respectively.
Undisputed Facts. 1. The Employer is an air carrier providing scheduled transportation for passengers, baggage, mail and cargo to over 160 locations in many countries.
Undisputed Facts. 1. In March, 1996, US XXXX and XXX entered into a Stipulation and Agreement for Interim Interconnection until such time as a definitive agreement could be entered into by the parties.
Undisputed Facts. 27. The following facts are not in dispute:
