Division IIArbitration on Level of Services
Marginal note:Submission for arbitration — confidential contract
169.31 (1) If a shipper and a railway company are unable to agree and enter into a contract under subsection 126(1) respecting the manner in which the railway company must fulfil its service obligations under section 113, the shipper may submit any of the following matters, in writing, to the Agency for arbitration:
(a) the operational terms that the railway company must comply with in respect of receiving, loading, carrying, unloading and delivering the traffic, including performance standards and communication protocols;
(b) the operational terms that the railway company must comply with if it fails to comply with an operational term described in paragraph (a);
(c) any operational term that the shipper must comply with that is related to an operational term described in paragraph (a) or (b);
(d) any service provided by the railway company incidental to transportation that is customary or usual in connection with the business of a railway company; or
(e) the question of whether the railway company may apply a charge with respect to an operational term described in paragraph (a) or (b) or for a service described in paragraph (d).
(1.1) The Agency may make regulations specifying what constitutes operational terms for the purposes of paragraphs (1)(a) to (c).
Marginal note:Matter excluded from arbitration
(2) The shipper is not entitled to submit to the Agency for arbitration a matter that
(a) is governed by a written agreement, including a confidential contract, to which the shipper and the railway company are parties; or
(b) is the subject of an order, other than an interim order, made under subsection 116(4).
Marginal note:Excluded matter — traffic
(3) The shipper is not entitled to submit to the Agency for arbitration a matter that is in respect of traffic that is the subject of
(a) a confidential contract between the shipper and the railway company that is in force immediately before the day on which this section comes into force;
(b) a tariff, or a contract, referred to in subsection 165(3);
(c) a competitive line rate; or
(d) an arbitrator’s decision made under section 169.37.
(4) For greater certainty, neither a rate for the movement of the traffic nor the amount of a charge for that movement or for the provision of incidental services is to be subject to arbitration.
- 2013, c. 31, s. 11;
- 2014, c. 8, s. 8.
Marginal note:Contents of submission
169.32 (1) The submission must contain
(a) a detailed description of the matters submitted to the Agency for arbitration;
(b) a description of the traffic to which the service obligations relate;
(c) an undertaking with respect to the traffic, if any, given by the shipper to the railway company that must be complied with for the period during which the arbitrator’s decision applies to the parties, other than an undertaking given by the shipper to the railway company with respect to an operational term described in paragraph 169.31(1)(c);
(d) an undertaking given by the shipper to the railway company to ship the goods to which the service obligations relate in accordance with the arbitrator’s decision; and
(e) an undertaking given by the shipper to the Agency to pay the fee and costs for which the shipper is liable under subsection 169.39(3) as a party to the arbitration.
Marginal note:Copy of submission served
(2) The shipper must serve a copy of the submission on the railway company on the day on which it submits the matters to the Agency for arbitration.
- 2013, c. 31, s. 11.
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