Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority (SOR/2005-328)

Interpretation

1 The following definitions apply in this Order.

arbitration process

arbitration process means the arbitration process set out in section 10 of the Memorandum of Agreement. (processus d’arbitrage)

dispute

dispute means the dispute that is the cause of the imminent extraordinary disruption to the effective continued operation of the national transportation system through the disruption of the movement of containers into and out of the ports. (conflit)

Memorandum of Agreement

Memorandum of Agreement means the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and the Vancouver Container Truckers’ Association dated July 29, 2005. (protocole d’entente)

ports

ports means, as the context requires

• (a) the following port facilities, namely,

  • (i) the Port of Vancouver, and

  • (ii) the Port of Fraser River; or

• (b) the following port authorities, namely,

  • (i) the Vancouver Port Authority, and

  • (ii) 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)

Authorization

• 2 (1) For the purposes of subsection (2), authorization is given to the operators of trucks and other road transportation equipment for the delivery, pick-up or movement of containers into and out of a port as well as to shippers, brokers, ports, 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, to

  • (a) adhere to the Memorandum of Agreement;

  • (b) renew their adhesion to the Memorandum; or

  • (c) adhere or renew their adhesion to an agreement in respect of a licence granted by the Vancouver Port Authority or Fraser River Port Authority pursuant to section 4 or 5.

• (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

3 A party to the Memorandum of Agreement whose activities are under the legislative authority of Parliament shall charge or pay, as the case may be, the rates and charges set out in the Memorandum and otherwise comply with the terms and conditions of the Memorandum.

Application to Port of Vancouver

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

  • (a) to establish or continue 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 stipulate as 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 the Vancouver Container Truckers’ Association dated July 29, 2005 and be in full compliance with that agreement, and

    • (ii) accept the arbitration process 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) in respect of which the applicant did not meet the conditions referred to in 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.

Application to Port of Fraser River

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

  • (a) to establish or continue 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 stipulate as 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 the Vancouver Container Truckers’ Association dated July 29, 2005 and be in full compliance with that agreement, and

    • (ii) accept the arbitration process 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) in respect of which the applicant did not meet the conditions referred to in 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 4 by the Vancouver Port Authority as sufficient for the purposes of this section.

Designated Period

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

Coming into Force

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