Marginal note:Adequate and suitable accommodation
115 For the purposes of subsection 113(1) or 114(1), adequate and suitable accommodation includes reasonable facilities
(a) for the junction of private sidings or private spurs with a railway owned or operated by a company referred to in that subsection; and
(b) for receiving, carrying and delivering traffic on and from private sidings or private spurs and placing cars and moving them on and from those private sidings or private spurs.
Marginal note:Complaint and investigation concerning company’s obligations
Marginal note:Confidential contract binding on Agency
(2) If a company and a shipper agree, by means of a confidential contract, on the manner in which service obligations under section 113 are to be fulfilled by the company, the terms of that agreement are binding on the Agency in making its determination.
Marginal note:Competitive line rate provisions binding on Agency
(3) If a shipper and a company agree under subsection 136(4) on the manner in which the service obligations are to be fulfilled by the local carrier, the terms of the agreement are binding on the Agency in making its determination.
Marginal note:Orders of Agency
(4) If the Agency determines that a company is not fulfilling any of its service obligations, the Agency may
(a) order that
(b) specify in the order the maximum charges that may be made by the company in respect of the matter so ordered;
(c) order the company to fulfil that obligation in any manner and within any time or during any period that the Agency deems expedient, having regard to all proper interests, and specify the particulars of the obligation to be fulfilled;
(c.1) [Repealed, 2014, c. 8, s. 5.1]
(d) if the service obligation is in respect of a grain-dependent branch line listed in Schedule I, order the company to add to the plan it is required to prepare under subsection 141(1) an indication that it intends to take steps to discontinue operating the line; or
(e) if the service obligation is in respect of a grain-dependent branch line listed in Schedule I, order the company, on the terms and conditions that the Agency considers appropriate, to grant to another railway company the right
(i) to run and operate its trains over and on any portion of the line, and
(ii) in so far as necessary to provide service to the line, to run and operate its trains over and on any portion of any other portion of the railway of the company against which the order is made but not to solicit traffic on that railway, to take possession of, use or occupy any land belonging to that company and to use the whole or any portion of that company’s right-of-way, tracks, terminals, stations or station grounds.
Marginal note:Right of action on default
(5) Every person aggrieved by any neglect or refusal of a company to fulfil its service obligations has, subject to this Act, an action for the neglect or refusal against the company.
Marginal note:Company not relieved
(6) Subject to the terms of a confidential contract referred to in subsection 113(4) or a tariff setting out a competitive line rate referred to in subsection 136(4), a company is not relieved from an action taken under subsection (5) by any notice, condition or declaration if the damage claimed in the action arises from any negligence or omission of the company or any of its employees.
- 1996, c. 10, s. 116;
- 2000, c. 16, s. 4;
- 2014, c. 8, s. 5.1.
Traffic of Grain
116.1 [Repealed, 2014, c. 8, s. 6]
116.2 [Repealed, 2014, c. 8, s. 6]
116.3 [Repealed, 2014, c. 8, s. 6]
Tariffs — General
Marginal note:Rates to be charged
117 (1) Subject to section 126, a railway company shall not charge a rate in respect of the movement of traffic or passengers unless the rate is set out in a tariff that has been issued and published in accordance with this Division and is in effect.
Marginal note:Tariff to include prescribed information
(2) The tariff must include any information that the Agency may prescribe by regulation.
Marginal note:Publication of tariff
(3) The railway company shall publish and either publicly display the tariff or make it available for public inspection at its offices.
Marginal note:Copy of tariff on payment of fee
(4) The railway company shall provide a copy of the tariff, or any portion of it, to any person who requests it and pays a fee not exceeding the cost of making the copy.
Marginal note:Record of tariff
(5) The railway company shall keep a record of the tariff for at least three years after its cancellation.
Tariffs — Freight
Marginal note:Freight tariff requested by shipper
118 A railway company shall, at the request of a shipper, issue a tariff in respect of the movement of traffic on its railway.
Marginal note:Notice of change of tariff
Marginal note:Effect of freight tariff
(2) If a railway company issues and publishes a tariff of rates for the movement of traffic in accordance with this Division and Division VI,
(a) the rates are the lawful rates of the railway company and, subject to subsection (1), they take effect on the date stated in the tariff;
(b) the tariff supersedes any preceding tariff or any portion of it in so far as any rate in the tariff is varied; and
(c) a railway company that owns or operates a railway line in respect of which the tariff is issued shall charge the rates in the tariff until they expire or until the tariff is superseded by a new tariff.
- 1996, c. 10, s. 119;
- 2008, c. 5, s. 2.
Marginal note:Application to vessels
120 The provisions of this Division relating to tariffs, in so far as the Agency considers them applicable, apply to traffic carried by a railway company by water between ports or places in Canada if the company owns, charters, uses, maintains or operates vessels for carrying traffic by water between ports or places in Canada, or is a party to an arrangement for using, maintaining or operating vessels for that purpose.
Marginal note:Unreasonable charges or terms
120.1 (1) If, on complaint in writing to the Agency by a shipper who is subject to any charges and associated terms and conditions for the movement of traffic or for the provision of incidental services that are found in a tariff that applies to more than one shipper other than a tariff referred to in subsection 165(3), the Agency finds that the charges or associated terms and conditions are unreasonable, the Agency may, by order, establish new charges or associated terms and conditions.
Marginal note:Period of validity
(2) An order made under subsection (1) remains in effect for the period, not exceeding one year, specified in the order.
Marginal note:Factors to be considered
(3) In deciding whether any charges or associated terms and conditions are unreasonable, the Agency shall take into account the following factors:
(a) the objective of the charges or associated terms and conditions;
(b) the industry practice in setting the charges or associated terms and conditions;
(c) in the case of a complaint relating to the provision of any incidental service, the existence of an effective, adequate and competitive alternative to the provision of that service; and
(d) any other factor that the Agency considers relevant.
Marginal note:Commercially fair and reasonable
(4) Any charges or associated terms and conditions established by the Agency shall be commercially fair and reasonable to the shippers who are subject to them as well as to the railway company that issued the tariff containing them.
Marginal note:Duty to vary tariff
(5) The railway company shall, without delay after the Agency establishes any charges or associated terms and conditions, vary its tariff to reflect those charges or associated terms and conditions.
Marginal note:No variation
(6) The railway company shall not vary its tariff with respect to any charges or associated terms and conditions established by the Agency until the period referred to in subsection (2) has expired.
(7) For greater certainty, this section does not apply to rates for the movement of traffic.
- 2008, c. 5, s. 3.
- Date modified: