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

Act current to 2017-09-27 and last amended on 2009-03-12. Previous Versions

Marginal note:Agency must render decision within 120 days

 The Agency shall render a decision on a complaint filed under subsection 13(1) not later than one hundred and twenty days after the filing of the complaint unless the parties thereto agree to an extension.

  • R.S., 1985, c. 17 (3rd Supp.), s. 15;
  • 1992, c. 1, s. 128.

Investigation of Conference

Marginal note:Inquiry by Commissioner
  •  (1) Notwithstanding section 3, the Commissioner on his own initiative may, and on direction from the Minister of Industry shall, carry out an inquiry concerning the operations of any conference and the effect that practices of the conference have in limiting facilities for the transportation of any goods, preventing or lessening competition in the transportation of any goods or restraining or injuring trade or commerce in relation to any goods.

  • Marginal note:Deemed inquiry under Competition Act

    (2) Any inquiry carried out by the Commissioner pursuant to subsection (1) shall be deemed to be an inquiry under section 10 of the Competition Act.

  • Marginal note:Use of evidence

    (3) The Commissioner may bring to the Agency any evidence or material obtained in the course of an inquiry under this section that in the opinion of the Commissioner is relevant to any complaint filed with the Agency under subsection 13(1) and, for greater certainty, may take any other action authorized to be taken by the Commissioner under the Competition Act in relation to that evidence or material.

  • R.S., 1985, c. 17 (3rd Supp.), s. 16;
  • 1992, c. 1, ss. 128, 145(F);
  • 1995, c. 1, s. 62;
  • 1999, c. 2, s. 51.

Inspection and Destruction of Documents

Marginal note:Inspection of documents
  •  (1) Subject to subsection (2), every document filed pursuant to section 6, other than a copy of a service contract, and every notice given pursuant to section 9 or 10 shall, on application, be made available for inspection by any person during the regular business hours of the Agency.

  • Marginal note:Destruction of documents

    (2) The Agency may, five years after the date they are no longer in effect, destroy those documents filed with or given to the Agency or the Canadian Transport Commission pursuant to this Act, the Shipping Conferences Exemption Act, chapter 39 of the Revised Statutes of Canada, 1970 (1st Supp.), or the Shipping Conferences Exemption Act that, in its opinion, are no longer necessary for the administration of this Act.

  • R.S., 1985, c. 17 (3rd Supp.), s. 17;
  • 1992, c. 1, s. 126.

Offices

Marginal note:Office in Canada

 Members of a conference shall maintain jointly an office in that region of Canada where they operate.

  • R.S., 1985, c. 17 (3rd Supp.), s. 18;
  • 1992, c. 1, s. 126;
  • 2001, c. 26, s. 329.

Inspection of Documents

Marginal note:Availability of certain documents
  •  (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of

    • (a) all documents in force, other than service contracts, that have been filed pursuant to section 6;

    • (b) all tariffs in force; and

    • (c) all notices in force that have been given pursuant to section 9 or 10.

  • Marginal note:Inspection at member’s office

    (2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff.

  • Marginal note:Contents of tariff

    (3) Each tariff shall set out

    • (a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract;

    • (b) the places from and to which every rate referred to in paragraph (a) applies;

    • (c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and

    • (d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed.

  • R.S., 1985, c. 17 (3rd Supp.), s. 19;
  • 1992, c. 1, s. 126;
  • 2001, c. 26, s. 329.

Meetings

Marginal note:Meetings

 Members of a conference engaged in the transportation of goods from any place in Canada to any place outside Canada shall, when reasonably requested in writing by any designated shipper group to do so, meet with the designated shipper group and shall provide the designated shipper group with information sufficient for the satisfactory conduct of the meeting.

Designated Shipper Groups

Marginal note:Minister of Transport may designate

 The Minister of Transport may designate any organization or association of shippers as representing, in the opinion of the Minister of Transport, for the purposes of this Act, the interests of those shippers.

  • R.S., 1985, c. 17 (3rd Supp.), s. 21;
  • 1992, c. 1, s. 144(F).

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations requiring the production by members of a conference at such time or times and in such form and manner as are specified in the regulations, of such information of a type specified in the regulations as is in their possession or is reasonably available to them and as may reasonably be regarded as necessary to enable the Agency to effectively supervise the activities of members of the conference relating to the conference and concerning Canada.

  • Marginal note:Confidentiality

    (2) Where information that is in its nature confidential and that relates to the business of a member of a conference is produced pursuant to any regulations made pursuant to subsection (1), the information shall not be made public in such a manner as to be available for the use of any business competitor of the persons to whom the information relates.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations respecting access, through an electronic network, to documents filed with the Agency in accordance with section 6 and the fees to be paid for the use of this service.

  • Marginal note:Publication of proposed regulations

    (4) Subject to subsection (5), a copy of each regulation that the Governor in Council proposes to make pursuant to subsection (1) or (3) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

  • Marginal note:Exception

    (5) No proposed regulation need be published more than once under subsection (4) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection.

  • R.S., 1985, c. 17 (3rd Supp.), s. 22;
  • 1992, c. 1, s. 128.

Security

Marginal note:General security
  •  (1) The Agency may direct any member of a conference to deposit with the Agency such sum of money or other security as it deems necessary, not exceeding in amount or value ten thousand dollars, as a guarantee that the member will comply with this Act, and in the event of a failure to comply with a direction of the Agency under this subsection, the Agency may authorize the seizure and detention of any vessel of the member until such time as such sum of money or other security has been so deposited.

  • Marginal note:Payment out of money or security

    (2) Where a member of a conference is convicted of an offence under this Act or the Competition Act and fails to pay any fine imposed on it, the Agency may pay that fine out of any money, or from the proceeds of the sale of any security, deposited by that member pursuant to subsection (1).

  • Marginal note:Return or cancellation of security

    (3) Any money or other security deposited with the Agency by a member of a conference under this section may be returned to that member or cancelled, as the case may be, where, in the opinion of the Agency, that security is no longer required.

  • R.S., 1985, c. 17 (3rd Supp.), s. 23;
  • 1992, c. 1, s. 128.

Offence and Punishment

Marginal note:Non-compliance with Act or regulations
  •  (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence.

  • Marginal note:Continuing offence

    (2) Where an offence under subsection (1) is committed on more than one day or is continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

  • Marginal note:Limitation period

    (3) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.

  • R.S., 1985, c. 17 (3rd Supp.), s. 24;
  • 2001, c. 26, s. 330.
 
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