Shipping Conferences Exemption Act, 1987 (R.S.C., 1985, c. 17 (3rd Supp.))

Act current to 2014-10-15 and last amended on 2009-03-12. Previous Versions

Shipping Conferences Exemption Act, 1987

R.S.C., 1985, c. 17 (3rd Supp.)

An Act to exempt certain shipping conference practices from the provisions of the Competition Act, to repeal the Shipping Conferences Exemption Act and to amend other Acts in consequence thereof

[1987, c. 22, assented to 30th June, 1987]

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Shipping Conferences Exemption Act, 1987.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Agency”

    « Office »

    “Agency” means the Canadian Transportation Agency;

    “Commission”

    “Commission”[Repealed, 1992, c. 1, s. 123]

    “Commissioner”

    « commissaire »

    “Commissioner” means the Commissioner of Competition appointed under the Competition Act;

    “conference”

    « conférence »

    “conference” means an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those ocean carriers of goods by water;

    “conference agreement”

    « accord intra-conférence »

    “conference agreement” means any contract, agreement or arrangement among the members of a conference and includes any amendment thereto;

    “contract rate”

    « taux de fret contractuel »

    “contract rate” means the rate to be charged for the transportation of goods shipped by a shipper pursuant to a loyalty contract;

    “designated shipper group”

    « groupe d’expéditeurs désigné »

    “designated shipper group” means any organization or association of shippers designated by the Minister of Transport pursuant to section 21;

    “Director”

    “Director”[Repealed, 1999, c. 2, s. 50]

    “dual rate system”

    « double régime de taux de fret »

    “dual rate system” means an arrangement of the rates to be charged for the transportation of goods into contract rates and non-contract rates and in which the contract rate for the transportation of specific goods described therein is lower than the non-contract rate for those goods;

    “independent action”

    « mesure distincte »

    “independent action”, by a member of a conference, means the provision by the member of a service in a manner or at a rate that is different from that provided for in any tariff established by the members of that conference or the provision by the member of a service for which no provision is made in any such tariff;

    “interconference agreement”

    « accord mixte »

    “interconference agreement” means any contract, agreement or arrangement between the members of a conference and the members of another conference and includes any amendment thereto;

    “loyalty contract”

    « contrat d’exclusivité »

    “loyalty contract” means a contract between a shipper of goods and the members of a conference whereby the shipper agrees, in return for certain advantages, to offer to those members for transportation by them all goods, all goods of certain classes or a portion only of all goods or of all goods of certain classes shipped by that shipper;

    “non-contract rate”

    « taux de fret non contractuel »

    “non-contract rate” means a rate, other than a rate established in a service contract, to be charged for the transportation of goods shipped by a shipper who has not entered into a loyalty contract;

    “ocean carrier”

    « transporteur maritime »

    “ocean carrier” means an owner, lessee or charterer of a vessel who is engaged in the business of the transportation of goods by water;

    “service contract”

    « contrat d’exclusivité limitée »

    “service contract” means a contract between a shipper of goods and one or more members of a conference whereby the shipper agrees to provide to those members for transportation by them over a fixed period of time a specified minimum quantity of goods and, in return, those members agree to carry the goods at a specified rate or in accordance with a specified rate schedule and agree to provide a specified level of service and includes any amendment thereto but does not include a loyalty contract;

    “tariff”

    « tarif »

    “tariff” means a tariff of rates established by the members of a conference for the transportation of goods by vessel alone or by vessel and by any other means of transportation, and includes any rules or regulations that determine the calculation of such rates or prescribe terms or conditions for the transportation of goods by vessel;

    “transportation of goods”

    « transport de marchandises »

    “transportation of goods” means the transportation of goods from any place in Canada to any place outside Canada or from any place outside Canada to any place in Canada.

  • Marginal note:Filing of documents

    (2) For the purposes of this Act, a document may be filed with or given to the Agency in paper form or electronic form, and is deemed not to have been filed with or given to the Agency until it has actually been received by the Agency.

  • R.S., 1985, c. 17 (3rd Supp.), s. 2;
  • 1992, c. 1, ss. 123, 128;
  • 1996, c. 10, s. 270;
  • 1999, c. 2, s. 50;
  • 2001, c. 26, s. 325.