3 (1) These Regulations do not apply
(a) in respect of the operation of transferring traffic, where a terminal carrier has interswitched traffic to a siding for unloading in accordance with these Regulations and transfers the traffic to another siding at the request of a shipper or another railway company; and
(2) Where the Agency determines that a railway company does not qualify for an exemption from the application of these Regulations under paragraph (1)(b) because the company derived less than 90 per cent of its gross freight revenues from interswitching in the immediately preceding three year period, these Regulations
[...]
(3) A railway company referred to in subsection (2) may, on the expiration of the period referred to in paragraph (2)(b), present to the Agency evidence that it qualifies for an exemption from the application of these Regulations under paragraph (1)(b).
1 These Regulations may be cited as the Railway Interswitching Regulations.
(2) For the purposes of these Regulations, the following interswitching distance zones are established:
2 In these Regulations,
