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Nov 9, 2023

In August 2022, Alberta Pacific Forest Industries Inc. (“Al-Pac”) filed a level of service complaint with the Canadian Transportation Agency (“CTA”) against Canadian National Railway Company (“CN”).

In its complaint, Al-Pac claimed that during the period of December 21, 2021, to August 24, 2022, CN failed to fulfill its level of service obligations for the receiving, carrying and delivering of Al-Pac’s wood pulp (pulp) traffic by supplying insufficient numbers of boxcars.  Among other relief, Al-Pac sought an order directing CN to meet Al-Pac’s boxcar requirements.

On November 9, 2023, the CTA released its decision, in which it found that CN breached its service obligations to Al-Pac and ordered CN to supply a minimum of 159 boxcars per week or 95% of Al-Pac’s weekly boxcar orders, on a four-week rolling average, moving forward.

Al-Pac is the largest single-line kraft pulp producer in North America managing approximately 5.9 million hectares of Alberta’s forests. Al-Pac continuously invests in new technology and science to remain among the most environmentally responsible and competitive forest companies in the world.

McMillan’s successful representation of Al-Pac in this cross-border regulatory compliant was expertly led by Lucia Stuhldreier and supported by Ryan Gallagher.

McMillan’s Transportation Industry Group lawyers are recognized leaders in delivering expert legal services to the transportation and distribution sector. Our lawyers are consistently engaged in the regulatory, economic and financial aspects of transportation law and policy under the Canada Transportation Act and corresponding provincial statutes. The Group regularly advises in connection with statutes such as the Railway Safety Act, Canada Marine Act, Competition Act, and the Investment Canada Act. Regulation governs every aspect of the transportation industry, and our lawyers stay current with the laws and policies that govern the industry to help our clients stay ahead.