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)

• 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.

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.