203Duty to negotiate in good faith

203 Duty to negotiate in good faith

203 Duty to negotiate in good faith

(1) A user or prospective user seeking access to a service provided by means of a relevant facility and a person who owns, operates or controls the facility must negotiate in good faith with each other about—

(a) whether access can be granted to the user or prospective user; and

(b) if access is to be granted—the terms and conditions for the provision of access to the user or prospective user.

(2) Without limiting any other provision, the Rules may make provision for or with respect to the following—

(a) making and responding to a request for access;

(b) the negotiation framework;

(c) the resolution of disputes between the person who owns, operates or controls a relevant facility and a user or prospective user of the service provided by means of the relevant facility about 1 or more aspects of access to the service.

(3) Where provided for in the Rules, the decision of a dispute resolution body, made in accordance with a rule under subsection (2)(c), has effect as a contract between the parties to the dispute.

(4) Rules made under subsection (2) are not required to adopt, either in whole or in part, an existing dispute resolution mechanism in this Law or the Regulations.

s 203: Am 2020 No 37, sec 63. Rep 2022 No 21, sec 75. Ins 2023 No 36, sec 52.