Vol. 139, No. 16 — August 10, 2005

Registration
SOR/2005-232 July 29, 2005

CANADA TRANSPORTATION ACT

Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia

P.C. 2005-1356 July 29, 2005

Whereas the Governor in Council is of the opinion that an extraordinary disruption to the effective continued operation of the national transportation system, other than a labour disruption, exists;

Whereas the Governor in Council, pursuant to section 47 of the Canada Transportation Act (see footnote a) may take any step that the Governor in Council considers essential to stabilize the national transportation system;

Whereas the Governor in Council is of the opinion that a failure to act under section 47 of the Canada Transportation Act (see footnote b) at this time would be contrary to the interests of users and operators of the national transportation system and that there are no other provisions in that Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the anticipated damage that would be caused by the ongoing extraordinary disruption of the national transportation system;

And whereas the Governor in Council considers it essential that, to stabilize the national transportation system, an authorization be granted to a facilitator, truckers, shippers, brokers, ports and the representatives of those persons and any other persons whose agreement, consent, participation or co-operation is required to resolve the dispute and implement any element of the proposed solution, including for greater certainty and if applicable, a public officer, on the terms and conditions prescribed in the annexed Order;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport and the Minister of Industry in his capacity as the minister responsible for the Competition Bureau, pursuant to section 47 of the Canada Transportation Act (see footnote c), hereby makes the annexed Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia.

ORDER AUTHORIZING NEGOTIATIONS FOR THE SETTLEMENT OF THE DISPUTE CAUSING THE EXTRAORDINARY DISRUPTION OF THE NATIONAL TRANSPORTATION SYSTEM IN RELATION TO CONTAINER MOVEMENTS INTO AND OUT OF CERTAIN PORTS IN BRITISH COLUMBIA

INTERPRETATION

1. The following definitions apply in this Order.

"dispute" means the dispute currently causing an extraordinary disruption to the effective continued operation of the national transportation system by disrupting the movement by truck of containers into and out of the ports. (conflit)

"designated period" means the period designated in section 4. (période désignée)

"facilitator" means the facilitator mandated by a minister representing the federal government and a minister representing the Government of British Columbia to facilitate a discussion among the parties referred to in subsection 2(1), the purpose of which is to resolve the dispute. (facilitateur)

"ports" means the following ports in British Columbia:

"public officer" includes a minister representing the federal government or the Government of British Columbia and any person employed in the public service of Canada or of the province of British Columbia. (fonctionnaire public)

"trucker" means any truck company or truck owner operator whose commercial transportation activities within the national transportation system involve moving containers into or out of ports. (camionneur)

AUTHORIZATION

2. (1) Subject to subsection (2), the facilitator, truckers, shippers, brokers, ports and the representatives of those persons and any other persons whose agreement, consent, participation or cooperation is required to resolve the dispute and implement any element of the proposed solution, including for greater certainty and if applicable, a public officer, are authorized under this Order during the designated period to:

(a) develop, assess, consult on and discuss a proposed approach to settle the dispute; and

(b) negotiate and enter into an agreement whose object is to settle the dispute, including an agreement in relation to rates, charges and terms and conditions for the provision of the truckers' services.

(2) The authorizations granted under subsection (1) are for the sole purpose of giving the persons referred to in that subsection the freedom to do the things authorized in that subsection without the constraints imposed under the Competition Act that may otherwise apply.

RATES, CHARGES, TERMS AND CONDITIONS

3. A person whose activities are under the legislative authority of Parliament that is a party to an agreement for the movement by truck of containers into and out of a port shall comply with the rates, charges and terms and conditions set out in the agreement authorized under subsection 2(1) where the agreement for the movement of containers provides for their application.

DESIGNATED PERIOD

4. This Order is effective for a period of 90 days after it comes into force.

COMING INTO FORCE

5. This Order comes into force on the day on which it is made.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The purpose of the Order is to stabilize the national transportation system, and specifically to resolve the dispute that has caused the disruption of the movement of containers into and out of the ports of Vancouver, Fraser River and North Fraser, in British Columbia, and which has disrupted the movement of trade nationally. This Order authorizes the facilitator, for-hire truck operators and owner-operators, and shippers and brokers to enter into an interim or conditional agreement to implement rates, charges and terms and conditions as may be agreed to by these parties, and as may be applicable, for a period of 90 days, without the constraints imposed under the Competition Act that may otherwise apply.

This Order also provides that the rates, charges and terms and conditions that are agreed to by the parties will be binding for the movement of containers into and out of the ports of Vancouver, Fraser River and North Fraser, in British Columbia, as applicable.

Alternatives

There is no alternative to achieve the policy objective of resolving the dispute that has caused the disruption of container movements into and out of the ports of Vancouver, Fraser River and North Fraser, in British Columbia, and which has impeded the effective and efficient operation of the national transportation system, but to make this authorization pursuant to section 47 of the Canada Transportation Act.

Benefits and Costs

The primary benefit of pursuing this Order is to reduce or remove impediments to the efficient flow of containers into and out of ports and other facilities within the vicinity of Vancouver, British Columbia, and throughout the Canadian transportation system.

Costs associated with this Order are those agreed to by the parties.

Environmental Impact

There is no environmental impact.

Consultation

No person has been formally consulted by the Minister of Transport, pursuant to subsection 47(2) of the Canada Transportation Act.

Compliance and Enforcement

This Order will apply to any agreement entered into with respect to rates, charges and terms and conditions for the movement of containers into and out of the ports of Vancouver, Fraser River and North Fraser, as applicable.

Contact

Marine Policy, ACF
Place de Ville, Tower C, 25th Floor
Ottawa, Ontario
K1A 0N5
E-mail: weathen@tc.gc.ca

Footnote a

S.C. 1996, c. 10

Footnote b

S.C. 1996, c. 10

Footnote c

S.C. 1996, c. 10

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