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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

PART 15

Marginal note:R.S., c. 17 (3rd Supp.)

AMENDMENTS TO THE SHIPPING CONFERENCES EXEMPTION ACT, 1987

Marginal note:1992, c. 1, s. 128

325. Subsection 2(2) of the Shipping Conferences Exemption Act, 1987 is replaced by the following:

  • Marginal note:Filing of documents

    (2) For the purposes of this Act, a document may be filed with or given to the Agency in paper form or electronic form, and is deemed not to have been filed with or given to the Agency until it has actually been received by the Agency.

  • 326. (1) Paragraphs 4(3)(a) to (c) of the Act are replaced by the following:

    • (a) provides that any member of the conference may, after giving to the other members of the conference five days written notice, or such lesser number of days written notice as may be specified in the conference agreement, of the member’s intention to do so, take independent action;

    • (b) provides that, when a member of the conference gives notice as described in paragraph (a), any other member of the conference may, after giving to the other members of the conference notice in writing of the member’s intention to do so, take the same independent action as soon as the first independent action becomes effective; and

    • (c) provides that, when a member of the conference gives notice as described in paragraph (a), the members of the conference shall publish or cause to be published the new rate or service item in a tariff not later than five days after the day on which the notice is received by the members of the conference.

  • (2) Section 4 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exception re service contracts

      (3.1) The terms and conditions established by a conference agreement under paragraph (1)(c) shall not have the effect of preventing a member of the conference from negotiating or entering into a service contract on terms and conditions that the member considers appropriate and without having to give notice to the other members or having to divulge the terms and conditions of the contract.

  • 327. (1) Paragraph 6(1)(b) of the Act is replaced by the following:

    • (b) a copy of every service contract to which the member is a party, except a service contract referred to in subsection 4(3.1);

  • (2) Subsection 6(1) of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) to (f) with the following:

    • (d) a copy of each standard form of loyalty contract approved by the members of the conference, and of every amendment to such a standard form of loyalty contract.

  • (3) Subsection 6(2) of the Act is repealed.