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

Act current to 2017-10-13 and last amended on 2009-03-12. Previous Versions

Marginal note:Limitation
  •  (1) Subsection 4(1) does not apply in respect of a conference agreement or interconference agreement if any party to the agreement conspires, combines, agrees or arranges with any other party to the agreement

    • (a) to use a vessel for the purpose of preventing or lessening, unduly, competition in the transportation of goods by an ocean carrier that is not a party to that agreement;

    • (b) to refuse to transport goods for a shipper because that shipper has used for the transportation of goods a vessel of an ocean carrier that is not a party to that agreement; or

    • (c) to prevent or limit the use by an ocean carrier in Canada or elsewhere of port or other facilities or services relating to the transportation of goods because that ocean carrier is not a party to that agreement.

  • Marginal note:Further limitation

    (2) Subsection 4(1) does not apply in respect of a conference agreement if the parties to the agreement enter jointly into any contract, agreement or arrangement with any carrier in Canada for the purpose of establishing the amount to be paid by any party to the agreement to any such carrier for the inland transportation of goods for which that party has charged a through rate for the transportation of those goods.

Filing of Documents

Marginal note:Documents to be filed
  •  (1) Every member of a conference shall, within the time prescribed in section 7, file or cause to be filed with the Agency

    • (a) a copy of every conference agreement and interconference agreement to which the member is a party or, in the case of an oral agreement, a description of the agreement in such form as the Agency may require;

    • (b) a copy of every service contract to which the member is a party, except a service contract referred to in subsection 4(3.1);

    • (c) notice of any change in the membership of the conference; and

    • (d) a copy of each standard form of loyalty contract approved by the members of the conference, and of every amendment to such a standard form of loyalty contract.

    • (e) and (f) [Repealed, 2001, c. 26, s. 327]

  • (2) [Repealed, 2001, c. 26, s. 327]

  • R.S., 1985, c. 17 (3rd Supp.), s. 6;
  • 1992, c. 1, s. 128;
  • 2001, c. 26, s. 327.
Marginal note:Time for filing of documents

 Every document required to be filed pursuant to

  • (a) paragraph 6(1)(a) shall be filed with the Agency not later than the day on which the conference agreement or interconference agreement becomes effective;

  • (b) paragraph 6(1)(b) shall be filed with the Agency not later than thirty days after the day on which the service contract becomes effective;

  • (c) paragraph 6(1)(c) shall be filed with the Agency not later than thirty days after a change in the membership of the conference; and

  • (d) paragraph 6(1)(d) shall be filed with the Agency not later than the day on which the standard form of loyalty contract becomes effective or, in the case of an amendment to that standard form, not later than thirty days after the day on which the amendment becomes effective.

  • (e) [Repealed, 2001, c. 26, s. 328]

  • R.S., 1985, c. 17 (3rd Supp.), s. 7;
  • 1992, c. 1, s. 128;
  • 2001, c. 26, s. 328.
Marginal note:Certification of documents

 Every document filed with the Agency pursuant to section 6 shall be certified as being a true copy by a person designated for that purpose by the member of the conference filing it or causing it to be filed.

  • R.S., 1985, c. 17 (3rd Supp.), s. 8;
  • 1992, c. 1, s. 128.

Giving of Notices

Marginal note:Notice of increase in rate
  •  (1) Where the members of a conference propose to increase any rate in a tariff, every member of the conference shall give or cause to be given to the Agency and to any designated shipper group, the members of which will be directly affected by the proposed increase, notice in writing thereof at least thirty days before the date on which the proposed increase is to become effective.

  • Marginal note:Notice of surcharge or increase in surcharge

    (2) Where the members of a conference propose to impose a surcharge or increase a surcharge, every member of the conference shall give or cause to be given to the Agency and to any designated shipper group, the members of which will be directly affected by the proposed surcharge or increase, notice in writing thereof at least fourteen days before the date on which the proposed surcharge or increase is to become effective.

  • R.S., 1985, c. 17 (3rd Supp.), s. 9;
  • 1992, c. 1, s. 128.
Marginal note:Notice of amendment to loyalty contract or tariff

 Where the members of a conference propose to amend any standard form of loyalty contract or propose to amend any tariff other than by increasing any rate therein, every member of the conference shall give or cause to be given to the Agency notice in writing thereof not later than the date on which the proposed amendment is to become effective.

  • R.S., 1985, c. 17 (3rd Supp.), s. 10;
  • 1992, c. 1, s. 128.

Disclosure of Service Contracts

Marginal note:Communication of information

 Except as authorized under section 12 and subsection 14(2), no person engaged in the administration of this Act shall

  • (a) knowingly communicate or knowingly allow to be communicated to any person any information contained in any copy of a service contract that has been filed with the Agency pursuant to section 6; or

  • (b) knowingly allow any person to inspect or have access to any such copy.

  • R.S., 1985, c. 17 (3rd Supp.), s. 11;
  • 1992, c. 1, s. 128.
Marginal note:Exception

 A person engaged in the administration of this Act may communicate or allow to be communicated information contained in a copy of a service contract that has been filed with the Agency pursuant to section 6 or may allow inspection of or access to any such copy to or by

  • (a) any other person engaged in the administration of this Act; or

  • (b) any person authorized in writing by the parties to the service contract.

  • R.S., 1985, c. 17 (3rd Supp.), s. 12;
  • 1992, c. 1, s. 128.

Investigation of Complaints

Marginal note:Filing of complaints
  •  (1) Subject to subsection (5), where any person, including the Commissioner, has reason to believe that

    • (a) any conference agreement or interconference agreement, a copy or description of which is required to be filed with the Agency by a member of a conference pursuant to section 6, or

    • (b) any practice of a conference or of any member thereof,

    has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, that person may file a complaint with the Agency and the Agency may make such investigation of the complaint as in its opinion is warranted.

  • Marginal note:Agency may make order

    (2) If, after completing an investigation commenced pursuant to subsection (1), the Agency finds that the conference agreement, interconference agreement or practice has, or is likely to have, by a reduction in competition, the effect of producing an unreasonable reduction in transportation service or an unreasonable increase in transportation costs, the Agency may make an order requiring the parties to the agreement or the members of the conference engaging in the practice to remove the offending feature of the agreement or to stop the practice or may make any other order as in the circumstances the Agency considers necessary.

  • Marginal note:Agency may consider service contracts

    (3) In conducting an investigation under subsection (1), the Agency may take into consideration the contents of any service contract.

  • Marginal note:Agency may hold public hearings

    (4) In conducting an investigation under subsection (1), the Agency may hold public hearings or may decide the matter on the basis of documents filed with the Agency.

  • (5) [Repealed, 1996, c. 10, s. 271]

  • Marginal note:Operation of Competition Act

    (6) Nothing in this section affects the operation of the Competition Act in respect of its application to

    • (a) any conference agreement or interconference agreement that is not exempt from the application of that Act by virtue of section 4; or

    • (b) any practice of a conference or of any member thereof.

  • R.S., 1985, c. 17 (3rd Supp.), s. 13;
  • 1992, c. 1, ss. 125, 128;
  • 1996, c. 10, s. 271;
  • 1999, c. 2, s. 51.
Marginal note:Agency shall notify Commissioner
  •  (1) The Agency shall give notice to the Commissioner of every complaint filed under subsection 13(1) by any person other than the Commissioner.

  • Marginal note:Commissioner may have access to documents

    (2) Where the Commissioner intends to make representations to or call evidence before the Agency pursuant to section 125 of the Competition Act in respect of a complaint filed under subsection 13(1) by a person other than the Commissioner and gives notice thereof to the Agency, the Agency shall make available to the Commissioner for examination all relevant documents filed with the Agency including copies of any service contracts.

  • R.S., 1985, c. 17 (3rd Supp.), s. 14;
  • 1992, c. 1, s. 128;
  • 1999, c. 2, s. 51.
 
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