Whereas the Governor in Council is of the opinion that an extraordinary disruption to the effective continued operation of the national transportation system, other than a labour disruption, exists;
Whereas the Governor in Council is of the opinion that a failure to act under section 47 of the Canada Transportation Act a at this time would be contrary to the interests of users and operators of the national transportation system;
And whereas the Governor in Council is of the opinion that there are no other provisions in that Act or in any other Act of Parliament that are sufficient and appropriate to remedy the situation and counter the anticipated damage that would be caused by the disruption;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, and of the Minister of Industry in the Minister’s capacity as the minister responsible for the Competition Bureau, pursuant to section 47 of the Canada Transportation Act a, makes the annexed Order Imposing Measures to Address the Extraordinary Disruption to the National Transportation System in Relation to Grain Movement. S.C. 1996, c. 10
The following definitions apply in this Order.
grain means any grain, crop or product listed in Schedule II to the Canada Transportation Act. (grain)
move means to carry grain over a railway line from a point on any rail line west of Thunder Bay or Armstrong, Ontario, to any point in Canada or the United States or beyond for unloading. (transporter)
Subject to volume demand and corridor capacity, the Canadian National Railway Company and the Canadian Pacific Railway Company must each move the following minimum amounts of grain:
during the first full crop week after the day on which this Order comes into force, a minimum of 250,000 t;
during the second full crop week after the day on which this Order comes into force, a minimum of 312,500 t;
during the third full crop week after the day on which this Order comes into force, a minimum of 375,000 t;
during the fourth full crop week after the day on which this Order comes into force, a minimum of 437,500 t; and
during any subsequent full crop week after the day on which this Order comes into force, a minimum of 500,000 t.
The Canadian National Railway Company and the Canadian Pacific Railway Company must provide the Minister of Transport with a report indicating the weekly volume demand and the volumes of grain moved in each corridor, within one week after the end of a crop week.
This Order is effective for a period of 90 days after the day on which the Order comes into force.
This Order comes into force on the day on which it is registered.