Canada Transportation Act

Marginal note:Accommodation for traffic

• 113 (1) A railway company shall, according to its powers, in respect of a railway owned or operated by it,

  • (a) furnish, at the point of origin, at the point of junction of the railway with another railway, and at all points of stopping established for that purpose, adequate and suitable accommodation for the receiving and loading of all traffic offered for carriage on the railway;

  • (b) furnish adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;

  • (c) without delay, and with due care and diligence, receive, carry and deliver the traffic;

  • (d) furnish and use all proper appliances, accommodation and means necessary for receiving, loading, carrying, unloading and delivering the traffic; and

  • (e) furnish any other service incidental to transportation that is customary or usual in connection with the business of a railway company.

• Marginal note:Carriage on payment of rates

  (2) Traffic must be taken, carried to and from, and delivered at the points referred to in paragraph (1)(a) on the payment of the lawfully payable rate.

• Marginal note:Carriage on payment of levy

  (2.1) If a railway company is to carry traffic in respect of which there is a levy under section 155.3 or 155.5, the traffic must be carried from a point referred to in paragraph (1)(a) by the railway company on the payment to the company of the levy, by the shipper, if the company is the first railway company to carry, at a rate other than an interswitching rate, the traffic after its loading.

• Marginal note:Compensation for provision of rolling stock

  (3) Where a shipper provides rolling stock for the carriage by the railway company of the shipper’s traffic, the company shall, at the request of the shipper, establish specific reasonable compensation to the shipper in a tariff for the provision of the rolling stock.

• Marginal note:Confidential contract between company and shipper

  (4) A shipper and a railway company may, by means of a confidential contract or other written agreement, agree on the manner in which the obligations under this section are to be fulfilled by the company.