François Tougas*

Vancouver

604.691.7425

[email protected]

Expertise Competition, Antitrust & Foreign Investment Forest Products Mining Rail Transportation

Language(s) Spoken

English
French

*FT Law Corporation

François Tougas is a leading expert in the transportation, forest products and mining industries. He advises shippers and other stakeholders in connection with their commercial dealings and disputes with railways, and advises clients on competition / antitrust matters in the transportation, forestry and mining sectors.

Recognized by domestic and international directories as one of the leading transportation and competition lawyers in Canada, François has been repeatedly listed in Chambers Canada, Who’s Who Legal, Legal 500, the Canadian Legal Lexpert Directory and Best Lawyers. He is ranked Band 1 in Chambers Canada (2021) in the Transportation, Rail and Road category, and Leading Individual in Legal 500 in the Transportation category.

Admired for his work in competition matters in the railway industry, François has been instrumental in seeking statutory reform in the rail transportation sector. He teaches competition law at Allard Hall School of Law at the University of British Columbia (UBC) and has lectured in transportation regulatory economics in the MBA program at UBC’s Sauder School of Business. He writes and speaks extensively on a variety of related legal matters. François leads the firm’s Transportation Group nationally.

Expertise

Industries

Practices

Competition, Antitrust & Foreign Investment

Representative Matters

Competition Matters (Publicly disclosed matters only)

Aurizon Mines (precious metals) in hostile takeover bid by Northgate Minerals (approx. $400 million)
Aurora Cannabis in acquisition of MedReleaf ($3.2 billion)
Aurora Cannabis in acquisition of CanniMed ($1.2 billion)
Aurora Cannabis in acquisition of Alcanna/Liquor Stores ($103 million)
Ballard Power Systems (fuel cells) in strategic alliance with Daimler Benz AG (approx. $600 million)
Ballard Power Systems (fuel cells) in formation of strategic alliance with DaimlerChrysler AG and Ford Motor Company ($861 million)
Ballard Power Systems (fuel cells) in acquisition of XCELLSIS Gmbh and Ecostar Electric Drive Systems from DaimlerChrysler AG and Ford Motor Company
Burcon International in acquisition of certain assets of Concord Pacific (former Expo lands)
Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber in dealings with the Competition Bureau in sale of operations of British Columbia Railway to Canadian National Railway Company ($1.02 billion)
Crestbrook Forest Industries, MC Forest Investment and Kanzaki Paper in disposition of respective interests in Alberta Pacific pulp mill (amount not disclosed)
Crown Packaging (paper packaging) in sale of Canadian divisions to Norampac, Paperboard Industries and Allpak Holdings ($174 million)
Domtar Inc. (pulp and paper) in sale of Dryden, Ontario pulp mill to Dryden Fibre Canada, ULC, an affiliate of First Quality Enterprises, LLC (US$240 million) and sale of Resolute Forest Products’ Thunder Bay, Ontario pulp and paper mill to Thunder Bay Pulp and Paper Inc, an affiliate of Atlas Holdings LLC (US$219 million)
FreshPoint in merger of food service business (Pacific Produce) with Sysco Corporation (amount not disclosed)
Glamis Gold in hostile take-over bid for Goldcorp ($4.3 billion)
Glamis Gold in the acquisition of Western Silver ($1.2 billion)
Glamis Gold in plan of arrangement with Goldcorp (US$21.3 billion combination)
Great Canadian Gaming (TSX:GC) in its acquisition by Apollo Global Management (NYSE:APO) (C$3.3 billion)
Great Canadian Gaming and Brookfield Business Partners in acquisition of Ontario Lottery & Gaming GTA Bundle ($170 million)
Great Canadian Gaming and Clairvest Equity Partners in acquisition of Ontario Lottery & Gaming West GTA Bundle ($134 million)
Great Canadian Gaming in acquisition of Ontario Lottery & Gaming East Bundle ($51.3 million)
Great Canadian Gaming in acquisition of Flamboro Downs from Magna Entertainment (C$50 million, plus US$23.6 million, plus debt)
Great Canadian Gaming in acquisition of Casino Nova Scotia from Caesars Entertainment (US$70 million)
IGI Resources (natural gas distribution) in sale to Amoco Energy (amount not disclosed)
Leavitt Machinery in acquisition of Interior Lift Truck from Finning ($63 million)
Paper Excellence in the acquisition of Resolute Forest Products (US$2.7 billion)
Paper Excellence Announces Sale of the Domtar Kamloops Mill (US$300 million)
Paper Excellence in the acquisition of Domtar (NYSE/LSE/TSX:UFS) (US$3 billion)
Paper Excellence (pulp and paper) in acquisition of Catalyst Paper Corporation (amount undisclosed)
Plentyoffish Media Inc. in its acquisition by The Match Group (‎US$575 million)‎
Primary Metals Inc. (tungsten) in sale to Sojitz Corporation of Japan (C$49 million)
Revelstoke Home Centres (retail home improvement) in acquisition of Lumberland Building Materials (amount not disclosed)
Revy Home Centres (retail home improvement) in acquisition of Lansing Buildall (amount not disclosed)
Revy Home Centres (retail home improvement) in sale of certain assets to RONA Inc. ($221 million)
Sierra Systems Group Inc. (information technology) sale to Golden Gate Capital ($93 million)
Teck Cominco (diversified mining) in unsolicited takeover bid for Inco Limited (nickel) (C$16.8 billion)
Teck Cominco (diversified mining) in acquisition of Aur Resources Inc. (precious metals) (C$4.1 billion)
VersaCold Corporation (public refrigerated warehousing) in acquisition of QF Distribution (amount not disclosed)
VersaCold Corporation (public refrigerated warehousing) in acquisition of Trans-Canada Freezers ($110 million)
Waterous Energy Fund (oil & gas) in acquisition of Northern Blizzard Resources Inc. ($244 million)
West Fraser Timber (TSX/NYSE: WFG) acquisition of Angelina Forest Products lumber mill Lufkin, Texas (US$300 million)
West Fraser Mills (NYSE/TSX:WFG) acquisition of Norbord Inc. (C$4 billion)
West Fraser Mills and Canfor (integrated forest products) timber tenure exchange with Canfor (amount undisclosed)
West Fraser Mills (integrated forest products) in acquisition of Chasm Division of Ainsworth Lumber ($22 million)
West Fraser Mills (integrated forest products) in acquisition of interest of Daishowa Paper interest in Quesnel River Pulp Company (amount undisclosed)
West Fraser Mills (integrated forest products) in acquisition of certain assets of Zeidler Forest Products (Alberta Plywood)
West Fraser Mills (integrated forest products) in sale of Babine and Decker Lake sawmills to Hampton Lumber (amount undisclosed)
West Fraser Mills (integrated forest products) in the acquisition of timber tenures from Weyerhaeuser Company Limited (amount undisclosed)
West Fraser Timber in connection with swap of timber tenures with Canfor Corporation (amount undisclosed)
West Fraser Timber (integrated forest products) in acquisition of Weldwood of Canada from International Paper Company (integrated forest products) ($1.26 billion)
West Fraser Timber (integrated forest products) in acquisition of the forest products division of Alberta Energy (amount undisclosed)
West Fraser Timber (integrated forest products) in acquisition of Eagle Hardware (retail home improvement)
West Fraser Timber (integrated forest products) in acquisition of interest of Enso-Gutzeit Oy in Eurocan Pulp and Paper (amount undisclosed)

Transportation Matters (publicly disclosed)

Canfor Corporation, Slocan Forest Products, Weldwood of Canada and West Fraser Timber (sale of the operations of British Columbia Railway to Canadian National Railway Company, 2003-2004)
Canadian National Railway Company and Burlington Northern Santa Fe Railway Company v. Normerica Inc. (Federal Court, demurrage claims and service counterclaims, 2006)
Canadian National Railway Company v. Western Canadian Coal Corp. (Final offer arbitration and application for judicial review, contesting operability of final offer arbitration provisions of Canada Transportation Act, 2004-2005)
Canadian Pacific Railway Company v. Teck Coal Limited (defence of CP’s application for leave to appeal decision of Canadian Transportation Agency to refer matter to final offer arbitration; application denied, 2009)
Canpotex Limited and related entities in rail transportation services with Canadian National Railway Company
Canpotex Limited and related entities in rail transportation services with Canadian Pacific Railway Company: CP and Canpotex enter new long-term agreement (2021); Canadian Pacific announces long-term potash agreement (2012)
Canpotex Limited and related entities in rail transportation services with Union Pacific Railroad
Elk Valley Coal Partnership et al. v. Canadian Pacific Railway Company (final offer arbitration and related proceedings, 2004)
Elk Valley Coal Corporation (before the Competition Policy Review Panel, 2008)
Fortress Investment Group (NYSE:FIG) in connection with the formation of Central Maine & Québec Railway and purchase of the assets of bankrupt Montreal, Maine & Atlantic railway, following derailment at Lac-Mégantic, Québec (July 6, 2013)
Fortress Transportation and Infrastructure Investors LLC (NYSE:FTAI) in connection with the sale of Central Maine & Québec Railway to Canadian Pacific Railway Company (November 21, 2019; terms not disclosed)
Gibraltar Mines (NYSE/LSE/TSX:TKO) 2018 final offer arbitration v Canadian National Railway and 2019 judicial review (Federal Court of Canada (amount undisclosed)
Gibraltar Mines (NYSE/LSE/TSX:TKO) 2020 final offer arbitration v Canadian National Railway and 2021 judicial review (Federal Court of Canada (amount undisclosed)
Meadow Lake Mechanical Pulp Inc. (MLMP) in its level of service complaint against Canadian National Railway Company (CN) culminating in Canadian Transportation Agency Letter Decision No. CONF-R-2023, including successful defense of CN’s motion for leave to appeal that decision, and the Agency’s determination of expenses payable to MLMP due to CN’s service failures in Agency Decision-CONF-R-9-2023 (2023)
Seaspan International v. The Burlington Northern Santa Fe Railway Company (Canadian Transportation Agency, abandonment opposition, 2005)
Teck Coal Limited (NYSE: TECK; TSX: TECK.B) in connection with a five year rail agreement for shipping of steelmaking coal from Teck’s four B.C. operations from Kamloops to Neptune Terminals and other west coast ports (December 4, 2019; terms not disclosed)
Teck Resources Limited, agreement with Westshore Terminals Limited (2010) and extension (2012)
Teck Resources Limited, 10-year handling agreement with Ridley Terminals Inc. (2011)
Teck Resources Limited, 10-year agreement with Canadian Pacific Railway Company (2010)
Teck Coal Limited v Canadian Pacific Railway Company, final offer arbitrations (2009)
Teck Resources Limited, supported by the Western Grain Elevator Association and the Canadian Canola Growers Association, before the Canadian Transportation Agency in connection with its Consultation on Cost of Capital (2020) and General Purpose Debt (2021)
Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association, the Mining Association of Canada and the Western Canadian Shippers Coalition before the Canadian Transportation Agency in connection with its Consultation on the Regulatory Modernization Initiative (2018)
Teck Resources Limited, supported by the Western Grain Elevator Association, the Canadian Canola Growers Association and the Western Canadian Shippers Coalition, before the Canadian Transportation Agency in connection with its Consultation on the Agency Regulatory Costing Model (2017)
Teck Resources Limited, supported by the Western Grain Elevator Association and the Canadian Canola Growers Association, before the Canadian Transportation Agency in connection with its Consultation on Capital Structure and Cost of Capital Methodology (2016)
Teck Resources Limited, before the Canadian Transportation Agency in connection with its Consultation on Amendments to the Uniform Classification of Accounts (2013) and its Cost of Capital Review (2010)
Teck Resources Limited, before the Federal Rail Freight Service Review, Transport Canada (2008-2013)
Teck Corporation, Weldwood of Canada, West Fraser Timber (before the Canada Transportation Act Review Panel, Transport Canada, 2000)
TransLink (Greater Vancouver Transportation Authority) re application in support of City of Port Coquitlam’s Coast Mountain Overpass over Canadian Pacific Railway Company’s Coquitlam Yard (2006)
Weldwood of Canada, West Fraser Timber and Weyerhaeuser (legislative reviews of the Canada Transportation Act, 1999)
West Coast Express re negotiations with Canadian Pacific Railway Company (2005)
(Not Publicly Disclosed) Numerous negotiations and final offer arbitrations on behalf of bulk shippers (forest, mining, energy and agricultural products) and passenger/commuter rail operations with Canadian National Railway, Canadian Pacific Railway, The Burlington Northern Santa Fe Railway and Union Pacific Railroad
Numerous negotiations with export, domestic and international cargo terminals
Numerous submissions to federal legislative review panels and parliamentary committees in connection with the Canada Transportation Act

Speaking Engagements

Competition Policy Roundtable with the Commissioner of Competition Matthew Boswell, Vancouver, Host

January 26, 2021

Data Solutions for Enhancing Transportation Performance Railway Line Capacity Metrics CTRF 2020 Annual Conference

June 5, 2020

Proceedings of the Standing Senate Committee on Transport and Communications Senate of Canada, Ottawa, Ontario

February 18, 2018 VIEW PRESENTATION

Standing Committee on Transport, Infrastructure and Communities

September 13, 2017 VIEW PRESENTATION

Conspiracy & Bid-Rigging, Presentation to the Association of Consulting Engineering Companies-BC, Annual General Meeting, Vancouver, BC

June 4, 2015

Crude-by-Rail: Regulatory Developments in Canada, Presentation to Energy Bar Association, in panel presentation with Roger Nober, General Counsel, BNSF Railway, and Dr. Madgy El-Sibaie, US Dept of Transportation, chaired by Gordon Kaiser, Energy Arbitration Chambers, Washington, DC

November 4, 2014 Download File

Teaching Engagements

Adjunct Professor, Allard Hall, University of British Columbia, Faculty of Law, “Competition Law & Policy” (2006 – 2022) and “Topics in International Law: International Business Transactions” (1994/98)
National Competition Law Moot Team Coach, Allard Hall, University of British Columbia, Faculty of Law (2019-2022)

News

Media Mentions

“Allard Law Students win Canadian Competition Law Moot”, Peter A. Allard School of Law, April 16, 2019
“Senate changes rail-ownership law to focus on farmers, shippers and airline passengers“, by Josh Wingrove and Frederic Tomesco, Toronto Star, April 13, 2018
“Proposed Canadian law opening CN Rail to Bill Gates faces delay“, by Josh Wingrove and Frederic Tomesco, BNN, April 13, 2018
“‘Captive’ shippers call for more data to address ‘rail service failures“, by Jesse Snyder, Financial Post, Sept 15th, 2017
“Legislation to require tougher insurance for oil shipments by rail“, by Stephen Karmazyn, Financial Post, May 13, 2015
“De-railed“, by Angela Stelmakowich, Canadian Underwriter, March 1, 2015
“FERC wades into generators’ coal delivery woes“, Argus Rail Business, Issue 20-50, December 22, 2014
“Peter Rozee named Western Canada GC of the Year”, by Jennifer Brown, Canadian Lawyer, November 14, 2011
“Abolish The Monopoly: Make Rail Services More Like Other Network Industries”, National Post, June 2008

Rankings & Recognition

Recognized by Chambers Canada (2025) as a leading lawyer in the area of Transportation: Rail & Road
Recognized by Best Lawyers in Canada (2025) as “One to Watch” in the area of Personal Injury Litigation
Recognized in the 2024 Lexology Index: Canada Guide as a Recommended lawyer in the area of Competition
Recognized in the 2024 Lexpert Special Edition on Canada’s Leading Infrastructure Lawyers
Recognized in the 2024 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the areas of Competition Law and Transportation (Road & Rail)
Recognized by Chambers Canada (2024) as a leading lawyer in the area of Transportation: Rail & Road
Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Competition / Antitrust Law
Listed in Who’s Who Legal: Canada 2023 as a leader in Competition
Listed in the 2023 Who’s Who Legal: Competition Guide as Recommended in the area of Competition Law
Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Infrastructure Lawyers as an Infrastructure Lawyer
Recognized in the 2023 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the areas of Competition Law and Transportation (Rail & Road)
Listed in Who’s Who Legal: Canada 2022 as a leader in Competition
Recognized by Chambers Canada (2023) as a leading lawyer in the area of Transportation: Rail & Road
Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Competition / Antitrust Law
Named the Best Lawyers 2023 Competition / Antitrust “Lawyer of the Year” in Vancouver
Recognized in the 2022 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the areas of Competition Law and Transportation (Rail & Road)
Listed in the Legal500 Canada 2022 as a Leading Lawyer – Transport
Recognized by Chambers Canada (2022) as a leading lawyer in the area of Transportation: Rail & Road
Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Competition / Antitrust Law
Listed in Who’s Who Legal: Canada 2021 as a future leader in Competition
Recognized in the 2021 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the areas of Competition Law and Transportation (Rail & Road)
Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Competition / Antitrust Law
Recognized by Chambers Canada (2021) as a leading lawyer in the area of Transportation: Rail & Road
Recognized in the 2020 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas of Competition Law and Transportation (Rail & Road)
Listed in Who’s Who Legal: Canada 2020 as a leader in Competition Competition Law and Transportation (Rail & Road)
Listed in the Legal500 Canada 2020 as a “Leading Lawyer” – Transport
Recognized by Chambers Canada (2020) as a leading lawyer in the area of Transportation: Rail and Road
Leader in Competition/Antitrust Law in Best Lawyers in Canada 2011 to 2020
Listed in Who’s Who Legal: Canada 2019 as a leader in Competition
Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas Competition Law and Transportation (Road & Rail)
Leader in Competition Law in Who’s Who Legal Canada: 2019
Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the areas Competition Law and Transportation (Road & Rail)
Leader in Transportation – Canada in Chambers Canada 2016 to 2019
Leader in Transportation Law: Rail & Road in Chambers Global 2014 to 2017
Leader in Competition Law, The Canadian Legal LEXPERT Directory 2011 to 2017
Leader in Transportation (Road & Rail) Law, The Canadian Legal LEXPERT Directory 2011 to 2017
“AV Preeminent” Peer Review Ranking, Martindale-Hubbell 1996 to 2019

Directorships & Affiliations

Arbitrator, appointed to the roster of the Canadian Transportation Agency
Canadian Bar Association (Competition Law Section)
American Bar Association (Antitrust Section)
Canadian Transportation Research Forum
Canadian Association of Law Teachers

Education & Admissions

1989

Called to the British Columbia bar

1988

LLB University of British Columbia

1985

International Relations (Department of Political Science)Brigham Young University, Provo, Utah

1983

Utah Technical College, Orem, Utah, (now Utah Valley University)

Publications

“Setting the Record Straight: Fair Rail Coalition’s Response to Public Claims and Analyses Regarding International Rail Freight Rate Comparisons“, Proceedings of the 59^th Annual Conference of the Canadian Transportation Research Forum (May 2024)
“Consequences or conjectures: The impact of extending railway interswitching limits“, Proceedings of the 59^th Annual Conference of the Canadian Transportation Research Forum (May 2024)
“Railway Line Capacity Metrics,” Planning in Times of Unprecedented Change and Uncertainty, Proceedings of the 55th Annual Conference of the Canadian Transportation Research Forum (June 2020)
“Operating Ratio as a Measure of Railway Operating Efficiency,” 54th Annual Proceedings of the Canadian Transportation Research Forum (May 2019)
“House of Commons Debates,” House of Commons Chambre Des Communes Canada (May 2018)
“Rail Level of Service Decisions and Shipper Service Requirements,” 51st Annual Proceedings of the Canadian Transportation Research Forum (May 2016)
“Risk Shifting as use of Market Power: Transportation of Dangerous Goods,” 50th Annual Proceedings of the Canadian Transportation Research Forum (May 2015)
“Canadian Regulation of Cross-Border Mergers and Acquisitions in the Transportation Sector,” Transportation and Energy Industries Committee of the Section of Antitrust Law, American Bar Association (Spring 2015)
“The Disclosure of Rail Carrier Costing Information,” 48th Annual Proceedings of the Canadian Transportation Research Forum (June 2013)
“Apportioning Potential Liability for the Rail Transportation of Hazardous Commodities,” 47th Annual Proceedings of the Canadian Transportation Research Forum (June 2012)
“Shipper Incentives To Invest In Infrastructure And Operations,” 46th Annual Proceedings of the Canadian Transportation Research Forum (May 2011)
“Investment in Canada’s Asia-Pacific Gateway Infrastructure for Bulk v. Container Traffic,” 46th Annual Proceedings of the Canadian Transportation Research Forum (May 2011)

Insights (48 Posts)View More

Canada Expands Interim Measures and Disclosure Powers for Foreign Investment National Security Reviews

As of September 3, 2024, the Government has new powers it can use when conducting national security reviews under the Investment Canada Act

Sep 11, 2024

Presentations of McMillan’s Rail Group at the Canadian Transportation Research Forum

Sep 4, 2024

The Competition Bureau Goes Property Hunting (in Search of Anticompetitive Leases)

Analyzing the Competition Bureau's preliminary guidelines describing its approach for challenging competitor "property controls" in commercial leases

Aug 13, 2024

Changes to the Competition Act: What Merging Parties Need to Know

The Competition Act's amendments to Canada's merger review regime are significant, and merging parties should take note.

Jul 24, 2024

Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing Practices: “Greenwashing” and Steering Clear of Environmental Misrepresentation

Guidance on the amendments to the deceptive marketing practices provisions in the Competition Act designed to "crack down" on "greenwashing".

Jul 8, 2024

Ready for Change? Bill C-59 Rewrites the Competition Playbook

Bill C-59 has been enacted, introducing significant changes to all aspects of Canada’s competition law regime.

Jun 21, 2024

New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill

Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.

Mar 27, 2024

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

Mar 6, 2024

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

Feb 28, 2024

Rail Policy Work

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.

Jan 31, 2024

Comparative Analysis of Canadian Rail Freight Rates

A discussion about Canadian rail freight rates and their impact on Canadian Shippers.

Jan 12, 2024

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

Dec 28, 2023

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

Dec 5, 2023

Competition Act Amendments on a Rocket Docket

Bill C-56 introduces amendments to the Competition Act, which are described as addressing rising grocery prices, but which have much broader implications.

Sep 26, 2023

A Shopping Cart of Competition Law Changes

The Government announced amendments to the Competition Act as part of its announcement regarding combatting escalating grocery prices.

Sep 18, 2023

Key Developments in Competition & Foreign Investment Law: A Cross-Canada Update from McMillan’s National Team

Join us to explore key developments in Canadian competition and foreign investment law. Topics will include new no-poach / wage-fixing offence, Investment Canada Developments, technology markets, greenwashing, class action developments, upcoming Competition Act amendments and more!

Details

Thursday, October 5, 2023

The Rail Shippers’ Guide

The Rail Shippers’ Guide provides a high-level overview of your rights and remedies when shipping freight by rail under the Canada Transportation Act and related regulations

Aug 8, 2023

2023 Budget Legislation Proposes Amendments to the Canada Transportation Act

The Federal Government published draft legislation to implement certain provisions of the 2023 Budget.

May 3, 2023

Budget Foreshadows Significant Changes to Federal Transportation Regulation

On March 28th, the Government of Canada tabled its 2023 Budget, which foreshadows significant proposed changes to the federal transportation regulatory regime.

Apr 12, 2023

Transport Canada Finalizes Amendments to the Transportation Information Regulations

The Amendments become effective in April 2023 and will increase the availability of basic rail freight service and performance data, primarily by CN and CP.

Jan 16, 2023

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part III

The Canada Transportation Act contains a few shipper remedies, which are partially or wholly ineffective, but which remain unaddressed.

Nov 16, 2022

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report – Part II

Modernizing the Rail Transportation System in the National Public Interest

Oct 25, 2022

A Call to Address Canada’s Transportation Supply Chain Crisis: Final Report

The National Supply Chain Task Force underscores what rail shippers are facing: the Canadian transportation network is under stress.

Oct 18, 2022

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

Jun 27, 2022

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

May 3, 2022

Competition Bureau Invites Comments to Revisions to the Competitor Collaboration Guidelines

The Competition Bureau recently released a draft revision of the Competition Collaboration Guidelines and is
inviting comments in a public consultation.

Aug 5, 2020

CN Rail Acquires H&R Transport – Competition Analysis

The Competition Bureau's review of the CN/H&R highlights its attention to non-notifiable deals, its use of oral examinations and the efficiencies defence.

May 1, 2020

Transport Canada Relaxes Mandatory Off-Duty Time for Truck Drivers Transporting Essential Cargo

March 24 2020 after consultation with the provinces an exemption was issued permitting trucking companies and drivers to exceed maximum on-duty and driving time

Mar 30, 2020

Don’t Count Your Efficiencies Before They Hatch: Exploring The Factors That Impact A Railway’s Operating Ratio

Canadian Pacific Railway (“CP”) has significantly reduced its operating ratio in the past few years.

Jul 22, 2019

Regulations Implementing the Transportation Modernization Act

On April 1, 2019, the Canadian Transportation Agency (“Agency”) announced the publication of proposed regulations (the “Proposed Regulations”) in the Canada Gazette to implement certain aspects of the Transportation Modernization Act (Bill C-49) (“TMA”).

Apr 11, 2019

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Investment Canada Act Threshold Increases to $1 Billion (Cdn)

Jun 22, 2017

Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration

Jun 13, 2017

Bill C-49: Is the Long-Haul Interswitching Remedy Really New?

Regulators Rethink "Best Interest" Standard for Registrants

May 30, 2017

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act

May 16, 2017

Investment Canada Act Threshold Increase – $1 Billion (Cdn)

Investment Canada Act Threshold Increase - $1 Billion (Cdn)

Apr 12, 2017

The Minister of Transport Confirms Rail Legislation Coming in Spring Session

The Minister of Transport, Marc Garneau, has addressed a letter to the Chair of the Standing Committee on Transport, Infrastructure and Communities (“SCOTIC”) that confirms the government is on track to table remedial rail legislation in the House of Commons during the spring legislative session.

Apr 1, 2017

Canadian Transportation Agency Closes Submissions on Regulatory Costing Model Consultation

Mar 16, 2017

Canadian Transportation Agency Closes Railway Capital Structure Consultation

Jan 3, 2017

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Jan 3, 2017

Competition Bureau Issues Consent Agreement Template

Sep 29, 2016

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

Aug 23, 2016

Will the Government of Canada Extend the Fair Rail for Grain Farmers Act?

Apr 29, 2016

Final Report: Canada Transportation Act Review – Part II (Rail Freight Traffic)

Apr 6, 2016

Final Report: Canada Transportation Act Review

Mar 16, 2016

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

Feb 28, 2015

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

Feb 28, 2015

Update: Government of Canada Proposes to Change Federal Railway Liability Regime

Feb 28, 2015

Tervita Corp v Canada – The Supreme Court of Canada’s First Merger Decision in 17 Years: An Efficient Outcome

Tervita Corp v Canada – The Supreme Court of Canada's First Merger Decision in 17 Years: An Efficient Outcome

Jan 31, 2015

Deals & Cases (18 Posts)

McMillan advises FTAI Aviation in its USD$170 Million acquisition of Lockheed Martin Commercial Engine Solutions

On September 9, 2024, FTAI Aviation Ltd. completed its previously announced agreement to purchase the Commercial Engine Solutions business of Lockheed Martin at the Montréal airport, for USD$170 million. The completion of the acquisition was subject to satisfactory customary regulatory approvals.

Sep 9, 2024

McMillan Successfully Secures Compensation for Meadow Lake Mechanical Pulp Inc.

McMillan’s Rail Transportation group filed a successful level of service complaint on behalf of Meadow Lake Mechanical Pulp Inc. (“MLMP”) against Canadian National Railway Company (“CN”) decided in MLMP’s favour by the Canadian Transportation Agency (“CTA”) in February 2023.

Oct 17, 2023