Canada Transportation Act

Marginal note:Relief

• 27 (1) On an application made to the Agency, the Agency may grant the whole or part of the application, or may make any order or grant any further or other relief that to the Agency seems just and proper.

• Marginal note:Limitation

  (2) Where an application is made to the Agency by a shipper in respect of a transportation rate or service, the Agency may grant the relief sought, in whole or in part, but in making its decision the Agency must be satisfied, after considering the circumstances of the particular case, that the applicant would suffer substantial commercial harm if the relief were not granted.

• Marginal note:Circumstances

  (3) The circumstances to be considered by the Agency in making its decision under subsection (2) may include, but are not limited to, the following:

  • (a) the market or market conditions relating to the goods involved;

  • (b) the location and volume of traffic of the goods;

  • (c) the scale of operation connected with the traffic;

  • (d) the type of traffic or service involved;

  • (e) the availability to the applicant of alternative means of transporting the goods; and

  • (f) any other matters that appear to the Agency to be relevant.

• Marginal note:Amendments

  (4) The Agency may, on terms or otherwise, make or allow any amendments in any proceedings before it.

• Marginal note:No applicability to final offer arbitration

  (5) This section does not apply in respect of final offer arbitration under Part IV.