s.45.9 — Settlements

45.9 (1) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, the settlement is binding on the parties. (2) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, the Tribunal may, on the joint motion of the parties, make an order requiring compliance with the settlement or any part of the settlement. (3) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, a party who believes that another party has contravened the settlement may make an application to the Tribunal for an order under subsection (8), (a) within six months after the contravention to which the application relates; or (b) if there was a series of contraventions, within six months after the last contravention in the series. (4) A person may apply under subsection (3) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay. (5) An application under subsection (3) shall be in a form approved by the Tribunal. (6) Subject to the Tribunal rules, the parties to an application under subsection (3) are the following: 1. The parties to the settlement. 2. Any other person or the Commission, if they are added as a party by the Tribunal. (7) Section 37 applies with necessary modifications to an application under subsection (3). (8) If, on an application under subsection (3), the Tribunal determines that a party has contravened the settlement, the Tribunal may make any order that it considers appropriate to remedy the contravention.