Marginal note:Publication requirements for joint tariff or rate
122. (1) If a joint tariff or rate is agreed on or determined under section 121, the requirements of this Division for the publication of the tariff or rate apply only to the railway company operating the railway line on which the movement of the traffic originates.
Marginal note:Publication of subsection 121(2) tariff or rate
(2) A joint tariff or rate agreed on or determined under subsection 121(2) must be published without delay, or within any additional time that the Agency may specify.
Marginal note:Publication of joint tariff — from Canada to or through foreign country
123. If traffic is to move over a continuous route from a point in Canada through a foreign country into Canada, or from a point in Canada to a foreign country, and the continuous route is operated by two or more railway companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the movement of the traffic originates.
Marginal note:Publication of joint tariff — from foreign country to or through Canada
124. If traffic is to move over a continuous route from a point in a foreign country into Canada, or from a foreign country through Canada into a foreign country, and the continuous route is operated by two or more companies, the requirements of this Division for the publication of an applicable joint tariff apply only to the railway company operating the railway line on which the traffic is first moved in Canada.
Marginal note:Continuous carriage not to be prevented
125. (1) No railway company shall, by any combination, contract or agreement, express or implied, or by any other means, prevent traffic from being moved on a continuous route from the point of origin to the point of destination.
Marginal note:Break in bulk, etc.
(2) A break in bulk, stop or interruption made by a railway company does not prevent the movement of traffic from being treated, for the purposes of sections 121 to 124, as one continuous movement from the point of origin to the point of destination, if the break, stop or interruption was made in good faith for a necessary purpose and without intent to avoid or unnecessarily interrupt the continuous movement or to evade the provisions of this Division.
Marginal note:Agency may require information
(3) The Agency may direct a railway company operating on a continuous route to inform the Agency of the proportion of the rates that the railway company, or any other company operating on the continuous route, is to receive or has received under a joint tariff or confidential contract applicable to the route.
Marginal note:Confidential contracts
126. (1) A railway company may enter into a contract with a shipper that the parties agree to keep confidential respecting
(a) the rates to be charged by the company to the shipper;
(b) reductions or allowances pertaining to rates in tariffs that have been issued and published in accordance with this Division;
(c) rebates or allowances pertaining to rates in tariffs or confidential contracts that have previously been lawfully charged;
(d) any conditions relating to the traffic to be moved by the company; and
(e) the manner in which the company shall fulfill its service obligations under section 113.
Marginal note:Request for confidential contract
(1.1) If a shipper wishes to enter into a contract under subsection (1) with a railway company respecting the manner in which the railway company must fulfil its service obligations under section 113, the shipper may request that the railway company make it an offer to enter into such a contract.
Marginal note:Content of request
(1.2) The request must describe the traffic to which it relates, the services requested by the shipper with respect to the traffic and any undertaking that the shipper is prepared to give to the railway company with respect to the traffic or services.
(1.3) The railway company must make its offer within 30 days after the day on which it receives the request.
Marginal note:Exception to offer
(1.4) Subject to subsection (1.5), the railway company is not required to include in its offer terms with respect to a matter that
(a) is governed by a written agreement to which the shipper and the railway company are parties;
(b) is the subject of an order, other than an interim order, made under subsection 116(4);
(c) is set out in a tariff referred to in subsection 136(4) or 165(3); or
(d) is the subject of an arbitration decision made under section 169.37.
(1.5) The railway company must include in its offer terms with respect to a matter that is governed by an agreement, the subject of an order or decision or set out in a tariff, referred to in subsection (1.4) if the agreement, order, decision or tariff expires within two months after the day on which the railway company receives the request referred to in subsection (1.1). The terms must apply to a period that begins after the agreement, order, decision or tariff expires.
Marginal note:No investigation or arbitration of confidential contracts
(2) No party to a confidential contract is entitled to submit a matter governed by the contract to the Agency for final offer arbitration under section 161, without the consent of all the parties to the contract.
- 1996, c. 10, s. 126;
- 2013, c. 31, s. 8.
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