Insights Header image
Insights Header image
Insights Header image

The Govt of Canada Extends the Fair Rail for Grain Farmers Act

August 2016 Transportation Bulletin < 1 read

Following approval by both the House of Commons and the Senate, the Government of Canada announced on June 15, 2016 that it had postponed for one year the repeal of certain provisions of the Fair Rail for Grain Farmers Act.  As reported in our previous bulletin, the Government of Canada had previously announced its intention to do so.  The now formalized extension of the Fair Rail For Grain Farmers Act will continue to amend the Canada Transportation Act (the “CTA”) until August 1, 2017 to:

  • allow Cabinet to require Canadian National Railway Company and Canadian Pacific Railway Company to move minimum quantities of certain grain commodities within specified time periods, subject to administrative monetary penalties for failure; and
  • empower the Canadian Transportation Agency to
    • require a federal railway company to compensate any person for expenses suffered as a result of that railway company’s failure to fulfill its service obligations to that person;
    • extend the regulated interswitching limits beyond 30 kilometres for certain regions or goods (so far, the Agency has extended the regulated interswitching limits from 30 kilometres to 160 kilometres for all goods in the three prairie provinces); and
    • make regulations specifying what constitutes “operational terms” for the purposes of service level arbitrations under the CTA.

The announcement indicates that the postponement is intended to allow participants in the freight rail supply chain to plan under predictable conditions while the Government of Canada considers recommendations made in the report (discussed here) in respect of the 2015 statutory review of the CTA.

by Ryan Gallagher and François Tougas

A Cautionary Note

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2016

Insights (5 Posts)

Featured Insight

Fanning the Flames of Liability: The Ontario Court of Appeal Considers Product Liability Issues in Burr v. Tecumseh Products of Canada Limited

The decision of the Court of Appeal in Burr v. Tecumseh Products of Canada Limited, 2023 ONCA 135 provides a helpful overview of product liability law.

Read More
Mar 20, 2023
Featured Insight

A Look at Some Key Findings by the Alberta Securities Commission in Re Bison Acquisition Corp.

On December 21, 2021, a panel of the Alberta Securities Commission issued its written decision providing its reasons for the oral ruling it made on July 12, 2021 regarding applications brought by Bison Acquisition Corp. and Brookfield Infrastructure Corporation Exchange Limited Partnership, as well as Inter Pipeline Ltd. and Pembina Pipeline Corporation.

Read More
Mar 20, 2023
Featured Insight

Employer’s Disturbing Termination Conduct Results in $15,000 Moral Damages Award

Teljeur v Aurora Hotel Group 2023 ONSC 1324 provides example of post-termination conduct and bad faith damages.

Read More
Mar 16, 2023
Featured Insight

Succeeding at Succession: Tips on Corporate Governance including How to Navigate Board Renewals and Elections

Stakeholders are demanding good corporate governance, which includes effective succession planning where a range of skills, experience, and backgrounds are highly valued and reflected. In collaboration with WATSON, a national multidisciplinary governance firm, join us in the morning on Wednesday, April 19, to discuss strategies and action plans that drive robust succession planning and strong corporate governance.

Details
Wednesday, April 19, 2023
Featured Insight

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar”

Adjudication under the Construction Act: Court Confirms Test to Apply for Judicial Review a “High Bar” Anatolia Tile & Stone Inc. v Flow-Rite Inc. 2023 ONSC 129.

Read More
Mar 15, 2023