Regulations on Operational Terms for Rail Level of Services Arbitration

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

• 4 (1) For the purposes of paragraph 169.31(1)(c) of the Act, a term constitutes an operational term when it sets out an obligation of the shipper towards the railway company respecting the performance of an action related to an operational term referred to in section 2, including a term that deals with any of the following matters:

  • (a) the furnishing of cars to the railway company;

  • (b) the handling of cars that are furnished by the railway company to the shipper;

  • (c) the loading and unloading of cars, including the scheduling of and the procedures for the release of those cars;

  • (d) the number and scheduling of switches; and

  • (e) the provision of access to the shipper’s facilities.

• Marginal note:Obligations of recovery

  (2) For the purposes of paragraph 169.31(1)(c) of the Act, a term constitutes an operational term when it sets out an obligation that the shipper must comply with in relation to an obligation of recovery referred to in section 3.