Railway Tracks
Railway Tracks
Railway Tracks

Rail Policy Work

Jan 31, 2024 Transportation Group 6 minute read

McMillan’s Rail Transportation Group regularly makes submissions to both Houses of Parliament, Transport Canada, the Canadian Transportation Agency and other bodies in connection with rail regulatory and economic policy on its own behalf and on behalf of clients. Below is a list of public submissions we have authored or which our clients have submitted:

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Recent Submissions, Papers and Bulletins

December 2023
Lucia Stuhldreier
Publication – Journal of Transportation Law, Logistics & Policy – “The Regulation of Interswitching in Canada: A Different Perspective on the Case for Ditching the Switch”

September 26, 2023
Coalition for the Factual Analysis of International Rail Rates
White Paper – Rail Rates in Canada – Response by the Coalition for the Factual Analysis of International Rail Rates to the 2023 CPCS Report (International Comparison of Railway Freight Rates)

Bill C-47 (Budget Implementation Act)

May 19, 2023
François Tougas, Lucia Stuhldreier and Ryan Gallagher
Submission – The Senate Standing Committee on Transport and Communications regarding Division 22 of Part 4, Bill C-47

May 17, 2023
The Forest Products Association of Canada and the Western Canadian Shippers’ Coalition
Submission – The Senate Standing Committee on Transport and Communications regarding Division 22 of Part 4, Bill C-47

May 12, 2023
The Forest Products Association of Canada and the Western Canadian Shippers’ Coalition
Letter to Minister of Transport – Re Regulated Interswitching and Long Haul Interswitching

National Supply Chain Task Force

July 19, 2022
The Forest Products Association of Canada
Letter to National Supply Chain Co-Chairs and Task Force Members

(See below, a three-part series of Bulletins regarding the Final Report of the National Supply Chain Task Force: Part I, Part II, Part III)

Canadian Transportation Agency Consultations

September 9, 2021
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association and the Canadian Canola Growers Association)
Submission (2 of 2) – Agency Consultation on General Purpose Debt: Responses to Submissions of August 20, 2021

August 19, 2021
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association and the Canadian Canola Growers Association)
Submission (1 of 2) – Agency Consultation on General Purpose Debt

February 2, 2021
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Mining Association of Canada)
Submission (3 of 3) – Agency Consultation on Cost of Capital Rates – Response to Initial Submissions

January 18, 2021
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Mining Association of Canada)
Submission (2 of 3) – Agency Consultation on Cost of Capital Rates – Response to Initial Submissions

November 25, 2020
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Mining Association of Canada)
Submission (1 of 3) – Agency Consultation on Cost of Capital Rates

October 27, 2020
The Forest Products Association of Canada
Submission – Consultation on the Canadian Transportation Agency’s Proposed Changes to Rate-Setting and Billing on Regulated Interswitching

October 27, 2020
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Mining Association of Canada and the Western Canadian Shippers’ Coalition)
Submission (2 of 2) – Consultation on the Agency’s Approach to Setting Regulated Interswitching Rates: Submissions in response to Consultation – Proposed Amendments to Railway Interswitching Regulations

October 27, 2020
The Western Canadian Shippers’ Coalition (supported by Pulse Canada)
Submission – Regulated Interswitching – Proposed Changes to Rate Setting and Billing

August 21, 2019
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Mining Association of Canada and the Western Canadian Shippers’ Coalition)
Submission (1 of 2) – Consultation on the Agency’s Approach to Setting Regulated Interswitching Rates

September 28, 2018
Teck Resources Limited and affiliates (supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Western Canadian Shippers’ Coalition and the Mining Association of Canada)
Submission – Consultation on the Rail Modernization Initiative

January 31, 2013
Teck Resources Limited and affiliates
Submission (2 of 2) – Uniform Classification of Accounts Consultation

November 22, 2012
Teck Resources Limited and affiliates
Submission (1 of 2) – Uniform Classification of Accounts Consultation

Bill C-49 (Transportation Modernization Act)

May 3, 2018
House of Commons Debates (Hansard) – Kelly Block (CPC) quotes F. Tougas presentation to the House Standing Committee on Transport, Infrastructure and Communities regarding Bill C-49

February 13, 2018
François Tougas
Appearance as Witness – Standing Senate Committee on Transport and Communications

February 6, 2018
The Western Canadian Shippers’ Coalition
Submission – Standing Senate Committee on Transport and Communications

February, 2018
Teck Resources Limited
Submission – Standing Senate Committee on Transport and Communications for Bill C-49

October 3, 2017
Mention – House Standing Committee on Transport, Infrastructure and Communities – Discussion of F. Tougas’s testimony from Sept 13, 2017 appearance before the House Standing Committee on Transport, Infrastructure and Communities regarding Bill C-49

September 13, 2017
The Forest Products Association of Canada
Submission – Standing Committee on Transport, Infrastructure and Communities

September 13, 2017
François Tougas
Appearance as Witness – House Standing Committee on Transport, Infrastructure and Communities

September 13, 2017
François Tougas
Submission – Standing Senate Committee on Transport and Communications – Regarding Bill C-49

September 12, 2017
Lucia Stuhldreier
Appearance as Witness – House Standing Committee on Transport, Infrastructure and Communities

September 12, 2017
Teck Resources Limited
Submission – Teck comments on Bill C-49

July 2017
The Western Canadian Shippers’ Coalition
Submission – Response to the Transportation Modernization Act

CTRF

May 2024
Lucia Stuhldreier, Ryan Gallagher and François Tougas
Setting the Record Straight: Fair Rail Coalition’s Response to Public Claims and Analyses Regarding International Rail Freight Rate Comparisons
59th Annual Conference

May 2024
Lucia Stuhldreier, Ryan Gallagher and François Tougas
“Consequences or conjectures: The impact of extending railway interswitching limits“
59th Annual Conference

May 2024
Conner Wylie and Lucia Stuhldreier
“Yours or mine: A history of interswitching in Canada“
59th Annual Conference

June 2022
Ryan Gallagher and Julia Loney
“Rail Fuel Surcharges – History and Recent Developments”
57th Annual Conference

June 2020
Ryan Gallagher, Lucia Stuhldreier and François Tougas
“Railway Line Capacity Metrics”
55th Annual Conference

May 2019
Ryan Gallagher, François Tougas and Lucia Stuhldreier
“Operating Ratio as a Measure of Railway Operating Efficiency”
54th Annual Conference

May 2016
Ryan Gallagher and François Tougas
“Rail Level of Service Decisions and Shipper Service Requirements”
51st Annual Conference

May 2015
Ryan Gallagher and François Tougas
“Risk Shifting As Use of Market Power: Transportation of Dangerous Goods”
50th Annual Conference

June 2013
Ryan Gallagher and François Tougas
“The Disclosure of Rail Carrier Costing Information”
48th Annual Conference

June 2012
Ryan Gallagher and François Tougas
“Apportioning Potential Liability for the Rail Transportation of Hazardous Commodities”
47th Annual Conference

May 2011
David Gillen and François Tougas
“Transportation Policy, Competition and Economic Growth”
46th Annual Conference

May 2011
Ryan Gallagher and François Tougas
“Shipper Incentives to Invest in Infrastructure and Operations”
46th Annual Conference

Bulletins

May 3, 2023
Conner Wylie, Ryan Gallagher, Lucia Stuhldreier and François Tougas
“2023 Budget Legislation Proposes Amendments to the Canada Transportation Act

April 12, 2023
Transportation Group
“Budget Foreshadows Significant Changes to Federal Transportation Regulation”

January 16, 2023
Ryan Gallagher, François Tougas and Lucia Stuhldreier
“Transport Canada Finalizes Amendments to the Transportation Information Regulations”

November 15, 2022
François Tougas, Ryan Gallagher and Lucia Stuhldreier
“A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part III”

October 26, 2022
Transportation Group
“A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part II”

October 14, 2022
Transportation Group
“A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report”

July 2019
Ryan Gallagher, François Tougas and Lucia Stuhldreier
“Don’t Count Your Efficiencies Before They Hatch: Exploring the Factors That Impact A Railway’s Operating Ratio”

April 2019
Ryan Gallagher, Lucia Stuhldreier and François Tougas
“Regulations Implementing the Transportation Modernization Act

June 2017
François Tougas, Lucia Stuhldreier and Ryan Gallagher
“Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration”

May 2017
François Tougas, Lucia Stuhldreier and Ryan Gallagher
“Bill C-49: Is the Long-Haul Interswitching Remedy Really New?”

May 2017
François Tougas, Lucia Stuhldreier and Ryan Gallagher
“Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

April 2017
Ryan Gallagher, Lucia Stuhldreier and François Tougas
“The Minister of Transport Confirms Rail Legislation Coming in Spring Session”

March 2017
François Tougas
“Canadian Transportation Agency Closes Submissions on Regulatory Costing Model Consultation”

January 2017
François Tougas
“Canadian Transportation Agency Closes Railway Capital Structure Consultation”

August 2016
Ryan Gallagher and François Tougas
“The Govt of Canada Extends the Fair Rail for Grain Farmers Act

April 2016
François Tougas and Ryan Gallagher
“Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?”

April 2016
François Tougas
“Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)”

March 2016
François Tougas
“Final Report: Canada Transportation Act Review”

June 2015
Ryan Gallagher
“Update: Safe and Accountable Rail Act receives Royal Assent”

February 2015
François Tougas and Ryan Gallagher
“Update: Government of Canada Proposes to Change Federal Railway Liability Regime”

2015 Canada Transportation Act Review

June 2016
The Western Canadian Shippers’ Coalition
Submission – Response to the Canada Transportation Act Review Report

April 2015
The Western Canadian Shippers’ Coalition
Submission – Supplementary Information Canada Transportation Act Review Panel

December 30, 2014
François Tougas
Submission – 2015 Canada Transportation Act Review

December 18, 2014
The Forest Products Association of Canada
Submission – Review Panel on the Statutory Review of the Canada Transportation Act

December 2014
The Western Canadian Shippers’ Coalition
Submission – Presentation to the Canada Transportation Act Review Panel

Bill C-52 (Safe and Accountable Rail Act)

March 7, 2013
Mention – House Standing Committee on Transport, Infrastructure and Communities – Quoting F. Tougas’s testimony from Feb 28, 2013 appearance before the House Standing Committee on Transport, Infrastructure and Communities regarding Bill C-52 

February 28, 2013
François Tougas
Appearance as Witness – House Standing Committee on Transport, Infrastructure and Communities

Other

Spring 2015
François Tougas and Ryan Gallagher
Publication – American Bar Association Antitrust Law Section: Transportation, Energy & Antitrust – “Canadian Regulation of Cross-Border Mergers and Acquisitions in the Transportation Sector”

November 4, 2014
François Tougas
Presentation – Energy Bar Association – “Crude-by-Rail: Regulatory Developments in Canada”

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