Competitive Line Rates
129. (1) Sections 130 to 136 apply where
(a) a shipper has access to the lines of only one railway company at the point of origin or destination of the movement of the shipper’s traffic; and
(b) a continuous route between those points is operated by two or more companies.
Marginal note:Transferred railway lines
(2) For greater certainty, the transfer of a railway line, or an operating interest in it, under Division V or section 158 of the National Transportation Act, 1987 does not affect the right of a shipper to obtain a competitive line rate under sections 130 to 136.
Marginal note:When competitive line rate to be established on shipper’s request
130. (1) Subject to section 131, the local carrier serving the shipper at the point of origin or destination, as the case may be, shall, on the request of the shipper, establish a competitive line rate applicable to the movement of the traffic between the point of origin or destination, whichever is served exclusively by the local carrier, and the nearest interchange with a connecting carrier.
Marginal note:Requirement unaffected by extent of carrier’s capability
(2) The local carrier shall establish the competitive line rate even if it is able to move the traffic over the whole of the continuous route or a portion of that route that is longer than the portion in respect of which the competitive line rate is to apply.
Marginal note:Designation of route by shipper
(3) The shipper may designate the continuous route for the movement of the shipper’s traffic from the point of origin to the point of destination.
Marginal note:Route within Canada
(4) If the ultimate point of destination of a movement of the shipper’s traffic is in Canada, the shipper shall designate a route wholly within Canada, unless there is no cost-effective continuous route wholly within Canada that is available to the shipper and over which it is reasonable to move the shipper’s traffic.
Marginal note:Export and import
(5) For the purposes of this section,
(a) if the point of destination of a movement of traffic is a port in Canada for export out of Canada, that port is the ultimate point of destination in Canada; and
(b) if the point of origin of a movement of traffic is a port in Canada for import into Canada, that port is the point of origin.
Marginal note:Nearest interchange
(6) For the purposes of subsection (1), the nearest interchange is the one nearest the point of origin or destination, whichever is served exclusively by the local carrier, in the reasonable direction of the movement of the traffic from the point of origin to the point of destination on the continuous route designated by the shipper, unless the local carrier can demonstrate that the interchange cannot be used for engineering reasons.
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