Tariffs — General
Marginal note:Rates to be charged
117. (1) Subject to section 126, a railway company shall not charge a rate in respect of the movement of traffic or passengers unless the rate is set out in a tariff that has been issued and published in accordance with this Division and is in effect.
Marginal note:Tariff to include prescribed information
(2) The tariff must include any information that the Agency may prescribe by regulation.
Marginal note:Publication of tariff
(3) The railway company shall publish and either publicly display the tariff or make it available for public inspection at its offices.
Marginal note:Copy of tariff on payment of fee
(4) The railway company shall provide a copy of the tariff, or any portion of it, to any person who requests it and pays a fee not exceeding the cost of making the copy.
Marginal note:Record of tariff
(5) The railway company shall keep a record of the tariff for at least three years after its cancellation.
Tariffs — Freight
Marginal note:Freight tariff requested by shipper
118. A railway company shall, at the request of a shipper, issue a tariff in respect of the movement of traffic on its railway.
Marginal note:Notice of change of tariff
119. (1) A railway company that proposes to increase a rate in a tariff for the movement of traffic shall publish a notice of the increase at least 30 days before its effective date.
Marginal note:Effect of freight tariff
(2) If a railway company issues and publishes a tariff of rates for the movement of traffic in accordance with this Division and Division VI,
(a) the rates are the lawful rates of the railway company and, subject to subsection (1), they take effect on the date stated in the tariff;
(b) the tariff supersedes any preceding tariff or any portion of it in so far as any rate in the tariff is varied; and
(c) a railway company that owns or operates a railway line in respect of which the tariff is issued shall charge the rates in the tariff until they expire or until the tariff is superseded by a new tariff.
- 1996, c. 10, s. 119;
- 2008, c. 5, s. 2.
Marginal note:Application to vessels
120. The provisions of this Division relating to tariffs, in so far as the Agency considers them applicable, apply to traffic carried by a railway company by water between ports or places in Canada if the company owns, charters, uses, maintains or operates vessels for carrying traffic by water between ports or places in Canada, or is a party to an arrangement for using, maintaining or operating vessels for that purpose.
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