Railway Interswitching Regulations (SOR/88-41)

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

• (b) in respect of the operations and administration of a railway company if, in the immediately preceding three year period, the company derived at least 90% of its gross freight revenues from interswitching, according to the returns prepared by the company under regulations made under section 50 of the Act.

(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

• (a) become applicable to the company 10 days after the day on which the Agency sends the company notification of that determination; and

• (b) apply to the company for a period of one year after the day on which they became applicable to the company under paragraph (a).

(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).

(4) The Agency shall, within 60 days after receiving the evidence referred to in subsection (3), notify the company as to whether it qualifies for an exemption.