Order Authorizing Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority

SOR/2006-15

CANADA TRANSPORTATION ACT

Registration 2006-01-20

Order Authorizing Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority

P.C. 2006-3 2006-01-19

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, is imminent;

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 damage that would be caused by the imminent extraordinary disruption of the national transportation system;

Whereas the Governor in Council, pursuant to section 47 of the Canada Transportation Acta, made Order in Council P.C. 2005-1356 on July 29, 2005Footnote b and modified that Order by Order in Council P.C. 2005-1365 on August 4, 2005Footnote c;

Whereas Order in Council P.C. 2005-1356, made on July 29, 2005b, and modified by Order in Council P.C. 2005-1365, made on August 4, 2005c, ceased, by virtue of section 5 of Order in Council P.C. 2005-1356, to have effect on October 27, 2005;

Whereas the Governor in Council, pursuant to section 47 of the Canada Transportation Acta, made Order in Council P.C. 2005-1892 on October 27, 2005Footnote d;

Whereas Order in Council P.C. 2005-1892, made on October 27, 2005d, will cease to have effect on January 25, 2006 by virtue of section 6 of that Order;

And whereas the Governor in Council considers it essential that, to ensure the stability of the national transportation system, this Order be made;

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 Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority.

INTERPRETATION

 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

  •  (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

 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

  •  (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

  •  (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

 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 registered.