Marginal note:Continuous route in Canada
121 (1) If traffic is to move over a continuous route in Canada and portions of it are operated by two or more railway companies, the companies shall, at the request of a shipper intending to move the traffic,
Marginal note:Agency may decide if no agreement
(2) If the railway companies fail to agree or to enter into a confidential contract, the Agency, on the application of the shipper, may
(a) direct the companies, within any time that the Agency may specify, to agree on a joint tariff for the continuous route and an apportionment of the rate that is satisfactory to the Agency; or
(b) within ninety days after the application is received by the Agency,
Marginal note:Refund to shipper
(3) If the Agency determines a rate under paragraph (2)(b), the companies that operate the route shall pay a shipper who moved traffic over the route an amount equal to the difference, if any, between the rate that was paid by the shipper and the rate determined by the Agency, applicable to all movements of traffic by the shipper over the route from the date on which the application was made to the date on which the determined rate comes into effect.
Marginal note:Publication requirements for joint tariff or rate
122 (1) If a joint tariff or rate is agreed on or determined under section 121, the requirements of this Division for the publication of the tariff or rate apply only to the railway company operating the railway line on which the movement of the traffic originates.
Marginal note:Publication of subsection 121(2) tariff or rate
(2) A joint tariff or rate agreed on or determined under subsection 121(2) must be published without delay, or within any additional time that the Agency may specify.
Marginal note:Publication of joint tariff — from Canada to or through foreign country
123 If traffic is to move over a continuous route from a point in Canada through a foreign country into Canada, or from a point in Canada to a foreign country, and the continuous route is operated by two or more railway companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the movement of the traffic originates.
Marginal note:Publication of joint tariff — from foreign country to or through Canada
124 If traffic is to move over a continuous route from a point in a foreign country into Canada, or from a foreign country through Canada into a foreign country, and the continuous route is operated by two or more companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the traffic is first moved in Canada.
Marginal note:Continuous carriage not to be prevented
125 (1) No railway company shall, by any combination, contract or agreement, express or implied, or by any other means, prevent traffic from being moved on a continuous route from the point of origin to the point of destination.
Marginal note:Break in bulk, etc.
(2) A break in bulk, stop or interruption made by a railway company does not prevent the movement of traffic from being treated, for the purposes of sections 121 to 124, as one continuous movement from the point of origin to the point of destination, if the break, stop or interruption was made in good faith for a necessary purpose and without intent to avoid or unnecessarily interrupt the continuous movement or to evade the provisions of this Division.
Marginal note:Agency may require information
(3) The Agency may direct a railway company operating on a continuous route to inform the Agency of the proportion of the rates that the railway company, or any other company operating on the continuous route, is to receive or has received under a joint tariff or confidential contract applicable to the route.
Marginal note:Confidential contracts
(a) the rates to be charged by the company to the shipper;
(b) reductions or allowances pertaining to rates in tariffs that have been issued and published in accordance with this Division;
(c) rebates or allowances pertaining to rates in tariffs or confidential contracts that have previously been lawfully charged;
(d) any conditions relating to the traffic to be moved by the company; and
(e) the manner in which the company shall fulfill its service obligations under section 113.
Marginal note:Request for confidential contract
(1.1) If a shipper wishes to enter into a contract under subsection (1) with a railway company respecting the manner in which the railway company must fulfil its service obligations under section 113, the shipper may request that the railway company make it an offer to enter into such a contract.
Marginal note:Content of request
(1.2) The request must describe the traffic to which it relates, the services requested by the shipper with respect to the traffic and any undertaking that the shipper is prepared to give to the railway company with respect to the traffic or services.
(1.3) The railway company must make its offer within 30 days after the day on which it receives the request.
Marginal note:Exception to offer
(1.4) Subject to subsection (1.5), the railway company is not required to include in its offer terms with respect to a matter that
(a) is governed by a written agreement to which the shipper and the railway company are parties;
(b) is the subject of an order, other than an interim order, made under subsection 116(4);
(c) is set out in a tariff referred to in subsection 136(4) or 165(3); or
(d) is the subject of an arbitration decision made under section 169.37.
(1.5) The railway company must include in its offer terms with respect to a matter that is governed by an agreement, the subject of an order or decision or set out in a tariff, referred to in subsection (1.4) if the agreement, order, decision or tariff expires within two months after the day on which the railway company receives the request referred to in subsection (1.1). The terms must apply to a period that begins after the agreement, order, decision or tariff expires.
Marginal note:No investigation or arbitration of confidential contracts
(2) No party to a confidential contract is entitled to submit a matter governed by the contract to the Agency for final offer arbitration under section 161, without the consent of all the parties to the contract.
- 1996, c. 10, s. 126;
- 2013, c. 31, s. 8.
Marginal note:Application to interswitch traffic between connecting lines
127 (1) If a railway line of one railway company connects with a railway line of another railway company, an application for an interswitching order may be made to the Agency by either company, by a municipal government or by any other interested person.
(2) The Agency may order the railway companies to provide reasonable facilities for the convenient interswitching of traffic in both directions at an interchange between the lines of either railway and those of other railway companies connecting with them.
Marginal note:Interswitching limits
(3) If the point of origin or destination of a continuous movement of traffic is within a radius of 30 km, or a prescribed greater distance, of an interchange, a railway company shall not transfer the traffic at the interchange except in accordance with the regulations.
Marginal note:Extension of interswitching limits
(4) On the application of a person referred to in subsection (1), the Agency may deem a point of origin or destination of a movement of traffic in any particular case to be within 30 km, or a prescribed greater distance, of an interchange, if the Agency is of the opinion that, in the circumstances, the point of origin or destination is reasonably close to the interchange.
(a) prescribing terms and conditions governing the interswitching of traffic, other than terms and conditions relating to safety;
(b) determining the rate per car to be charged for interswitching traffic, or prescribing the manner of determining that rate, including the adjustments to be made to that rate as a result of changes in costs, and establishing distance zones for those purposes; and
(c) prescribing, for the purposes of subsections 127(3) and (4), a greater distance than 30 km from an interchange.
(1.1) [Repealed, 2014, c. 8, s. 7]
Marginal note:Cost savings to be considered
(2) In determining an interswitching rate, the Agency shall take into consideration any reduction in costs that, in the opinion of the Agency, results from moving a greater number of cars or from transferring several cars at the same time.
Marginal note:Limit on rate
(3) In determining an interswitching rate, the Agency shall consider the average variable costs of all movements of traffic that are subject to the rate and the rate must not be less than the variable costs of moving the traffic, as determined by the Agency.
Marginal note:Transfer of lines does not affect entitlement
(4) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect any entitlement to an interswitching rate.
Marginal note:Review of interswitching regulations
(5) The Agency shall review the regulations when the circumstances warrant and at least once in every five year period after the regulations are made.
- 1996, c. 10, s. 128;
- 2014, c. 8, s. 7.
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