Marginal note:Rate to be included in tariff or confidential contract
134. A competitive line rate must be set out in a tariff or confidential contract.
Marginal note:Effective period of rate
135. If a competitive line rate is established by the Agency, it has effect for one year after its effective date, or for any other period that the shipper and the local carrier agree on.
Marginal note:Obligation of carriers to provide cars
136. (1) If a competitive line rate is established, a railway company, other than the local carrier, shall provide the shipper with an adequate supply of cars for the traffic being moved.
Marginal note:Additional obligations
(2) Subject to any agreement to the contrary between the local carrier and any connecting carrier concerned, the connecting carrier is responsible for
(a) a prorated share, determined in accordance with subsection (3), of the costs of operating and maintaining the interchange during the period in respect of which the competitive line rate is in effect; and
(b) the capital cost of making any change or addition to the interchange that may be necessary for transferring the traffic for which the competitive line rate is established.
Marginal note:Determination of prorated share
(3) The prorated share is the proportion that
(a) the competitive line rate traffic transferred at the interchange during the period
(b) the total traffic transferred at the interchange during the period.
Marginal note:Tariff to set out service obligations
(4) The tariff setting out a competitive line rate must set out the manner in which the local carrier issuing the tariff shall, subject to subsection (1), fulfil its service obligations
(a) as agreed on by the shipper and the local carrier, if they agree on the amount of the competitive line rate; or
(b) as determined by the Agency, if the amount of the competitive line rate is established by the Agency under section 132.
Means to Deal with Carriers’ Liability
137. (1) The railway company’s liability, including to a third party, in respect of the movement of a shipper’s traffic shall be dealt with between the company and the shipper only by means of a written agreement that is signed by the shipper or by an association or other body representing shippers.
Marginal note:No agreement
(2) If there is no agreement, the railway company’s liability to the shipper in respect of a loss of or damage to a shipper’s traffic in the company’s possession or for any delay in its movement shall be dealt with between the company and the shipper,
(a) on the application of the company, by the Agency; or
(b) if there is no application or, if there is an application but the Agency does not specify any terms or conditions with respect to the matter, in the manner set out in the regulations.
(3) For the purposes of paragraph (2)(b), the Agency may make regulations respecting the manner in which a railway company’s liability under subsection (2) is to be dealt with between a company and a shipper.
- 1996, c. 10, s. 137;
- 2015, c. 31, s. 9.
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