Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia

SOR/2005-232

CANADA TRANSPORTATION ACT

Registration 2005-07-29

Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia

P.C. 2005-1356 2005-07-29

Whereas the Governor in Council is of the opinion that an extraordinary disruption to the effective continued operation of the national transportation system, other than a labour disruption, exists;

Whereas the Governor in Council, pursuant to section 47 of the Canada Transportation ActFootnote a may take any step that the Governor in Council considers essential to stabilize the national transportation system;

Whereas the Governor in Council is of the opinion that a failure to act under section 47 of the Canada Transportation Acta at this time would be contrary to the interests of users and operators of the national transportation system and that there are no other provisions in that Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the anticipated damage that would be caused by the ongoing extraordinary disruption of the national transportation system;

And whereas the Governor in Council considers it essential that, to stabilize the national transportation system, an authorization be granted to a facilitator, truckers, shippers, brokers, ports and the representatives of those persons and any other persons whose agreement, consent, participation or co-operation is required to resolve the dispute and implement any element of the proposed solution, including for greater certainty and if applicable, a public officer, on the terms and conditions prescribed in the annexed Order;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Industry in his capacity as the minister responsible for the Competition Bureau, pursuant to section 47 of the Canada Transportation Acta, hereby makes the annexed Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia.

Interpretation

 The following definitions apply in this Order.

dispute

dispute means the dispute currently causing an extraordinary disruption to the effective continued operation of the national transportation system by disrupting the movement by truck of containers into and out of the ports. (conflit)

designated period

designated period means the period designated in section 4. (période désignée)

facilitator

facilitator means the facilitator mandated by a minister representing the federal government and a minister representing the Government of British Columbia to facilitate a discussion among the parties referred to in subsection 2(1), the purpose of which is to resolve the dispute. (facilitateur)

ports

ports means, as the context requires:

  • (a) the following port facilities, namely,

    • (i) the Port of Vancouver,

    • (ii) the Port of North Fraser, and

    • (iii) the Port of Fraser River; or

  • (b) the following port authorities, namely,

    • (i) the Vancouver Port Authority,

    • (ii) the North Fraser Port Authority, and

    • (iii) the Fraser River Port Authority. (ports)

public officer

public officer includes a minister representing the federal government or the Government of British Columbia and any person employed in the public service of Canada or of the province of British Columbia. (fonctionnaire public)

trucker

trucker means any truck company or truck owner operator whose commercial transportation activities within the national transportation system involve moving containers into or out of ports. (camionneur)

  • SOR/2005-234, s. 1.

Authorization

  •  (1) Subject to subsection (2), the facilitator, truckers, shippers, brokers, ports and the representatives of those persons and any other persons whose agreement, consent, participation or cooperation is required to resolve the dispute and implement any element of the proposed solution, including for greater certainty and if applicable, a public officer, are authorized under this Order during the designated period to:

    • (a) develop, assess, consult on and discuss a proposed approach to settle the dispute; and

    • (b) negotiate and enter into an agreement whose object is to settle the dispute, including an agreement in relation to rates, charges and terms and conditions for the provision of the truckers' services.

  • (2) The authorizations granted under subsection (1) are for the sole purpose of giving the persons referred to in that subsection the freedom to do the things authorized in that subsection without the constraints imposed under the Competition Act that may otherwise apply.

Rates, Charges, Terms and Conditions

 A person whose activities are under the legislative authority of Parliament that is a party to an agreement for the movement by truck of containers into and out of a port shall comply with the rates, charges and terms and conditions set out in the agreement authorized under subsection 2(1) where the agreement for the movement of containers provides for their application.

Application to Port of Vancouver

  •  (1) The Vancouver Port Authority is directed, in respect of the territory under its jurisdiction and control,

    • (a) to establish a licensing system giving access to the Port of Vancouver to trucks and other road transportation equipment for the delivery, pick-up or movement of containers into and out of that port;

    • (b) to include as two of the conditions of a licence issued under paragraph (a) that the applicant

      • (i) be a signatory to the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and Vancouver Container Truckers’ Association dated July 29, 2005 and be in full compliance with that agreement, and

      • (ii) accepts the arbitration process set out in section 10 of the Memorandum of Agreement for the purpose of reaching a final and binding resolution of any dispute relating to the interpretation or application of the licence; and

    • (c) to prohibit access to the Port of Vancouver to any truck or other road transportation equipment referred to in paragraph (a) that does not meet the requirements of paragraph (b).

  • (2) The Vancouver Port Authority has the freedom to do the things directed of it under subsection (1) without the constraints imposed under the Competition Act that may otherwise apply.

  • (3) Nothing in this section is intended to affect any collective labour agreement.

  • SOR/2005-234, s. 2.

Application to Port of Fraser River

  •  (1) The Fraser River Port Authority is directed, in respect of the territory under its jurisdiction and control,

    • (a) to establish a licensing system giving access to the Port of Fraser River to trucks and other road transportation equipment for the delivery, pick-up or movement of containers into and out of that port;

    • (b) to include as two of the conditions of a licence issued under paragraph (a) that the applicant

      • (i) be a signatory to the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and Vancouver Container Truckers’ Association dated July 29, 2005 and be in full compliance with that agreement, and

      • (ii) accepts the arbitration process set out in section 10 of the Memorandum of Agreement for the purpose of reaching a final and binding resolution of any dispute relating to the interpretation or application of the licence; and

    • (c) to prohibit access to the Port of Fraser River to any truck or other road transportation equipment referred to in paragraph (a) that does not meet the requirements of paragraph (b).

  • (2) The Fraser River Port Authority has the freedom to do the things directed of it under subsection (1) without the constraints imposed under the Competition Act that may otherwise apply.

  • (3) Nothing in this section is intended to affect any collective labour agreement.

  • (4) Nothing in this section prohibits the Fraser River Port Authority from recognizing a licence issued under section 3.1 by the Vancouver Port Authority as sufficient for the purposes of this section.

  • SOR/2005-234, s. 2.

Designated Period

 This Order is effective for a period of 90 days after it comes into force.

Coming into Force

 This Order comes into force on the day on which it is made.

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