Regulations on Operational Terms for Rail Level of Services Arbitration

Marginal note:Paragraph 169.31(1)(b) of the Act

• 3 (1) For the purposes of paragraph 169.31(1)(b) of the Act, a term constitutes an operational term when it sets out an obligation of recovery that the railway company must comply with if it fails to comply with an operational term that deals with a matter referred to in any of paragraphs 2(2)(a) to (g) or any other operational term referred to in subsection 2(1).

• Marginal note:Obligations of recovery

  (2) An obligation of recovery must set out steps that the railway company must take to minimize the consequences for the shipper of its non-compliance and to ensure that compliance, including

  • (a) preparing a recovery plan for those purposes;

  • (b) taking reasonable steps to secure whatever assistance may be required to carry out those purposes;

  • (c) limiting any prejudicial consequences related to the non-compliance; and

  • (d) implementing the recovery plan.